[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Transport Legislation Amendment Act 2023 No. of 2023 TABLE OF PROVISIONS Clause Page Part 1--Preliminary 1 1 Purposes 1 2 Commencement 4 Part 2--Amendment of Bus Safety Act 2009 5 Division 1--Accreditation scheme reforms 5 3 Definitions 5 4 Part 4 heading amended 7 5 Conditions on accreditation 7 6 New Part 4A inserted 8 7 New Division heading inserted in Part 6 38 8 New Divisions 2 to 5 inserted in Part 6 39 9 New section 71A inserted 45 10 Accreditation 46 11 New Schedule 1 inserted 47 Division 2--Regulatory exemptions 51 12 New section 67A inserted 51 Part 3--Amendment of Commercial Passenger Vehicle Industry Act 2017 53 Division 1--Review of decisions 53 13 Cancellation of registration 53 14 Surrender of registration 53 15 Surrender of registration 53 16 Surrender of driver accreditation 53 17 Decision on taking disciplinary action 54 18 Reviewable decisions 54 19 Determination of application for internal review 54 20 VCAT orders in relation to category 1 offenders 54 Division 2--Information gathering and handling 55 21 Restriction on disclosure or use of sensitive information 55 22 Information sharing 55 i Clause Page Division 3--Repeal of redundant provisions 55 23 Matters to which regulator may have regard in considering application 55 24 Decision on application for driver accreditation 55 25 Mandatory cancellation of driver accreditations in certain cases 55 26 Schedule 1--Categorised offences 56 Division 4--Other amendments 56 27 Definitions 56 28 Offence for driver to provide services without accreditation 56 29 Matters to which regulator may have regard in considering application 56 30 New section 214AA inserted 57 31 Statute law revision amendments 57 Part 4--Amendment of Marine (Domestic Commercial Vessel National Law Application) Act 2013 58 32 Victorian regulations 58 Part 5--Amendment of Road Management Act 2004 59 33 Definitions 59 34 Making of Codes of Practice 59 35 Sections 31 and 32 repealed 60 36 Regulations 60 Part 6--Amendment of Road Safety Act 1986 61 37 Definitions 61 38 Definitions 61 39 Advertising breach notice 62 40 Registration cancellation notice 62 41 Withdrawal of advertising breach notice 62 42 Driver licences 62 43 Exemption from, or removal of, alcohol interlock condition on medical grounds 62 44 Zero blood or breath alcohol 63 45 General duty of driver or person in charge of motor vehicle 64 46 Power to prevent driving by incapable persons 64 47 Unauthorised use of freeway 64 48 Evidence of speed 64 49 General evidentiary provisions 65 50 Double jeopardy 65 51 Use of effective statement to avoid liability 65 52 Offence to provide false or misleading information 66 53 Immediate licence or permit suspension where certain traffic infringement notices issued 66 ii Clause Page 54 Immediate disqualification where certain traffic infringement notices issued 66 55 New Part 7C inserted 66 56 New section 99C inserted 68 57 New sections 103ZO and 103ZP inserted 69 58 Statute law revision amendments 71 Part 7--Amendment of Transport Accident Act 1986 72 59 Circumstances in which certain compensation is not payable or is reduced 72 60 Unregistered motor vehicle accidents on private land excluded 72 61 Uninsured motor vehicle accidents on private land 72 62 Transport accident charge 72 Part 8--Amendment of Transport (Compliance and Miscellaneous) Act 1983 73 Division 1--Information use and disclosure amendments 73 63 Section 221 substituted 73 64 New Division 16 of Part VIII inserted 77 Division 2--Fees and charges for overdimensional vehicles crossing tracks 78 65 Specification of vehicle limits and fees for overdimensional vehicles crossing tracks 78 Division 3--Bus driver accreditation related amendments 78 66 Heading to Part VI substituted 78 67 Section 86 repealed 78 68 Sections 88 and 90(2) repealed 78 69 Division 6 of Part VI repealed 78 Division 4--Other amendments 79 70 Definitions 79 Part 9--Amendment of Transport Integration Act 2010 80 Division 1--Safe Transport Victoria amendments 80 71 Definitions 80 72 Strategy and implementation plan 82 73 Guidelines 82 74 Directions from the Secretary 82 75 Part 5 substituted 82 76 Division 1 of Part 7 repealed 99 77 Memoranda of understanding 100 78 Heading to Part 7A amended 100 79 Definitions 100 iii Clause Page 80 New Part 14 inserted 100 Division 2--V/Line Corporation amendments 103 81 V/Line Corporation 103 82 New Subdivision 1 heading inserted into Division 4 of Part 6 103 83 New Subdivision 2 heading and new section 142A inserted into Division 4 of Part 6 104 84 New Subdivisions 3 and 4 inserted into Division 4 of Part 6 104 85 New Subdivision 5 heading inserted into Division 4 of Part 6 107 86 Certain powers not affected 107 87 Transport Corporation not to make loans to directors 107 88 Indemnity 107 89 New Subdivision 6 heading inserted into Division 4 of Part 6 108 90 Determination of initial capital 108 91 Capital 108 92 Repayment of capital 108 93 Dividends 109 94 Reports to Minister or Treasurer 109 95 Corporate plan 109 96 Board of directors to give notice of significant events 109 Division 3--Chief Investigator, Transport Safety amendments 110 97 Definitions 110 98 Strategy and implementation plan 110 99 Objects of the Department 110 100 Corporate plans 110 101 Heading to Part 7 amended 111 102 Heading to Division 2 of Part 7 repealed 111 103 Definition 111 104 Delegation by the Chief Investigator, Transport Safety 111 105 Heading to Division 3 of Part 7 repealed 111 106 Appointment 112 107 Acting appointment 113 108 When a transport safety appointee ceases to hold office 113 109 Resignation 114 110 Suspension 114 111 Removal from office 114 112 Validity of acts and decisions 114 113 Immunity 115 114 Ministerial direction to investigate transport safety matter 115 115 Employment of persons 116 116 Powers of transport safety appointee 116 117 Extra-territoriality 117 118 Memoranda of understanding 117 119 Power to give advice on compliance 117 120 Definitions 118 iv Clause Page Division 4--Other amendments 118 121 Definitions 118 122 Powers to enter land for investigative purposes 118 123 New section 64ABA inserted 119 124 Chief executive officer and other employees 119 125 Vacancies, resignations, removal from office 119 126 Statute law revision amendments 120 Part 10--Consequential amendments to Acts relating to Safe Transport Victoria 121 127 Consequential amendments--Schedule 1 121 Part 11--Consequential amendment of Sentencing Act 1991 122 128 Suspension or cancellation of driver licence or learner permit and driver disqualification--certain motor vehicle offences 122 Part 12--Repeal of this Act 123 129 Repeal of this Act 123 Schedule 1--Consequential amendments to Acts relating to Safe Transport Victoria 124 ═════════════ Endnotes 171 1 General information 171 v Transport Legislation Amendment Act 2023 No. of 2023 [Assented to ] The Parliament of Victoria enacts: Part 1--Preliminary 1 Purposes The main purposes of this Act are-- (a) to amend the Bus Safety Act 2009-- (i) to provide for a bus driver accreditation scheme for drivers of commercial bus services that is aligned with the accreditation scheme for drivers providing commercial passenger vehicle services under the Commercial 1 Transport Legislation Amendment Act 2023 No. of 2023 Part 1--Preliminary Passenger Vehicle Industry Act 2017; and (ii) to provide for regulatory exemptions; and (b) to amend the Commercial Passenger Vehicle Industry Act 2017-- (i) in relation to review of decisions; and (ii) in relation to information sharing arrangements; and (c) to amend the Marine (Domestic Commercial Vessel National Law Application) Act 2013 to provide for further regulation making powers; and (d) to amend the Road Management Act 2004 to abolish the Infrastructure Reference Panel and provide a new method of consultation with road authorities, utilities and providers of public transport; and (e) to amend the Road Safety Act 1986-- (i) in relation to cancellation of motor vehicle or trailer registration due to offensive advertisements; and (ii) in relation to the prescribed concentration of alcohol for a person after the removal of, or an exemption from the imposition of, an alcohol interlock condition on the person's driver licence or learner permit; and (iii) in relation to powers of police officers and protective services officers with respect to persons who are incapable of having proper control of a vehicle; and 2 Transport Legislation Amendment Act 2023 No. of 2023 Part 1--Preliminary (iv) in relation to use of effective statements to avoid liability for operator onus offences; and (v) to provide for requirements relating to vehicle sharing schemes; and (vi) to provide that prescribed speed detectors can be used to enforce speeding offences involving bicycles, electric scooters and other vehicles that are not motor vehicles; and (vii) to enable the Minister to designate a road safety research trial; and (f) to amend the Transport Accident Act 1986 to clarify the effect of exemptions from transport accident charges; and (g) to amend the Transport (Compliance and Miscellaneous) Act 1983-- (i) in relation to use and disclosure of public transport movement information; and (ii) in relation to fees and charges for overdimensional vehicles crossing tracks; and (h) to amend the Transport Integration Act 2010-- (i) to provide for the continuation of Safe Transport Victoria; and (ii) to abolish the Commercial Passenger Vehicle Commission and the office of the Director, Transport Safety; and (iii) to make further provision in relation to V/Line Corporation's constitution and membership and the Chief Investigator, Transport Safety; and 3 Transport Legislation Amendment Act 2023 No. of 2023 Part 1--Preliminary (iv) to provide for the execution of deeds electronically by the Head, Transport for Victoria; and (i) to make amendments consequential to the establishment of Safe Transport Victoria, and other miscellaneous and technical amendments, to the Bus Safety Act 2009, the Commercial Passenger Vehicle Industry Act 2017, the Transport Integration Act 2010, the Transport (Compliance and Miscellaneous) Act 1983 and other Acts; and (j) to make a consequential amendment to the Sentencing Act 1991 relating to the amendments to the Road Safety Act 1986. 2 Commencement (1) This Act, except Parts 5 and 11, Division 1 of Part 2, Division 1 of Part 3 and Divisions 1 and 3 of Part 8 and sections 27, 28, 29, 30, 37, 42, 43, 44(2), 45(3), 47, 48, 49, 50, 53, 54, 55 and 57, comes into operation on the day after the day on which it receives the Royal Assent. (2) Subject to subsection (3), Parts 5 and 11, Division 1 of Part 2, Division 1 of Part 3 and Divisions 1 and 3 of Part 8 and sections 27, 28, 29, 30, 37, 42, 43, 44(2), 45(3), 47, 48, 49, 50, 53, 54, 55 and 57 come into operation on a day or days to be proclaimed. (3) If a provision of this Act does not come into operation before 17 October 2024, it comes into operation on that day. 4 Transport Legislation Amendment Act 2023 No. of 2023 Part 2--Amendment of Bus Safety Act 2009 Part 2--Amendment of Bus Safety Act 2009 Division 1--Accreditation scheme reforms 3 Definitions (1) In section 3(1) of the Bus Safety Act 2009 insert the following definitions-- "accredited driver means a person who holds a driver accreditation; category 1 offence means an offence listed in Part 1 of Schedule 1; category 2 offence means an offence listed in Part 2 of Schedule 1; category 3 offence means an offence listed in Part 3 of Schedule 1; disqualifying offence means a category 1 offence, a category 2 offence or a category 3 offence; drive, in relation to a motor vehicle, includes being in control of a vehicle; driver accreditation means an accreditation under Part 4A and in Division 6 of Part 4A includes an accreditation under Part 5 of the Commercial Passenger Vehicle Industry Act 2017;". (2) For section 3(3) of the Bus Safety Act 2009 substitute-- "(3) A reference to a person who has been found guilty of an offence is a reference to a person-- (a) against whom a court has made a formal finding that the person is guilty of the offence that has not been subsequently quashed or set aside by a court; or 5 Transport Legislation Amendment Act 2023 No. of 2023 Part 2--Amendment of Bus Safety Act 2009 (b) from whom a court has accepted a plea that the person is guilty of the offence that has not been subsequently quashed or set aside by a court; or (c) from whom a court has accepted an admission under section 100 of the Sentencing Act 1991 that the person has committed the offence, or from whom a similar admission has been accepted under a provision of a law of a jurisdiction other than Victoria that substantially corresponds to that section, that has not been subsequently quashed or set aside by a court; or (d) in relation to whom any of the following infringement notices has taken effect as a conviction for the offence specified in the notice-- (i) an infringement notice to which section 61A(2) of the Marine (Drug, Alcohol and Pollution Control) Act 1988 applies; (ii) a traffic infringement notice to which section 89A(2) of the Road Safety Act 1986 applies; or (e) against whom a finding has been made under-- (i) section 17(1)(b) or 38X(1)(b) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 that the person was not guilty of the offence because of mental impairment; or 6 Transport Legislation Amendment Act 2023 No. of 2023 Part 2--Amendment of Bus Safety Act 2009 (ii) section 17(1)(c) or 38X(1)(c) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 that the person committed the offence or an offence available as an alternative; or (iii) the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 of not guilty because of mental impairment; or (f) against whom a finding similar to a finding referred to in paragraph (e) has been made under a provision of a law of a jurisdiction other than Victoria that substantially corresponds to the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 or to a provision of that Act referred to in paragraph (e).". 4 Part 4 heading amended In the heading to Part 4 of the Bus Safety Act 2009, after "Accreditation" insert "of operators of bus services". 5 Conditions on accreditation In section 31(2)(d) of the Bus Safety Act 2009, for "Division 6 of Part VI of the Transport (Compliance and Miscellaneous) Act 1983" substitute "Part 4A". 7 Transport Legislation Amendment Act 2023 No. of 2023 Part 2--Amendment of Bus Safety Act 2009 6 New Part 4A inserted After Part 4 of the Bus Safety Act 2009 insert-- "Part 4A--Accreditation of drivers of commercial bus services and local bus services Division 1--Preliminary 55I Public care objective The public care objective is the objective that the services provided by drivers of vehicles used for the operation of commercial bus services, commercial minibus services and local bus services-- (a) be provided to persons using those services and to other persons, particularly children and other vulnerable persons-- (i) with safety; and (ii) with comfort, amenity and convenience; and (b) be provided in a manner that is not fraudulent or dishonest. Division 2--Non-accreditation offence 55J Offence for driver to provide services without accreditation A person must not, as the driver of a bus, provide a commercial bus service, commercial minibus service or a local bus service if the person is not accredited-- (a) under this Part; or 8 Transport Legislation Amendment Act 2023 No. of 2023 Part 2--Amendment of Bus Safety Act 2009 (b) under Part 5 of the Commercial Passenger Vehicle Industry Act 2017. Penalty: 60 penalty units. Division 3--Driver accreditations 55K Application for driver accreditation (1) A person may apply to Safe Transport Victoria for the issue of a driver accreditation. (2) An application under subsection (1) must-- (a) be made in the manner and form approved by Safe Transport Victoria; and (b) be accompanied by-- (i) the information and things required by Safe Transport Victoria (if any); and (ii) the fee (if any) for the application determined by Safe Transport Victoria under section 71A. (3) Safe Transport Victoria may require any one or more of the following in relation to an application-- (a) an applicant do a thing specified by Safe Transport Victoria that Safe Transport Victoria reasonably requires in order to assess the application; (b) verification, by a statutory declaration, of any statement made or information given for the purposes of the application; 9 Transport Legislation Amendment Act 2023 No. of 2023 Part 2--Amendment of Bus Safety Act 2009 (c) an applicant give further information for the purposes of the application. (4) Any further information given by the applicant under subsection (3)(c) must be-- (a) if the regulations so provide, signed in accordance with the regulations; and (b) declared by each signatory to be true and correct. (5) Safe Transport Victoria may require an applicant to-- (a) be photographed at a place and in a manner specified by Safe Transport Victoria; and (b) give Safe Transport Victoria a specimen signature at a place and in a manner specified by Safe Transport Victoria. 55L Tests, qualifications and other requirements (1) Safe Transport Victoria may require an applicant for driver accreditation to do all or any of the following-- (a) undertake a specified prescribed course of training; (b) obtain a specified prescribed qualification; (c) pass specified prescribed tests, including tests relating to-- (i) the applicant's fitness to drive a vehicle; and (ii) the applicant's medical condition. 10 Transport Legislation Amendment Act 2023 No. of 2023 Part 2--Amendment of Bus Safety Act 2009 (2) Safe Transport Victoria may specify courses of training by reference to either or both of the following-- (a) the name of the course; (b) the provider of the course. (3) In specifying a course of training, Safe Transport Victoria must-- (a) be satisfied about-- (i) its content and nature; and (ii) the materials, resources and equipment required to provide it; and (b) have regard to the public care objective. (4) Safe Transport Victoria must publish the name and provider of any course of training specified under this section on Safe Transport Victoria's Internet site. 55M Matters to which Safe Transport Victoria may have regard in considering application (1) In considering an application for the issue of a driver accreditation, Safe Transport Victoria may have regard to any of the following-- (a) whether the applicant has at any time (whether before, on or after the commencement of this section) been subject to a relevant disciplinary or regulatory finding within the meaning of the Worker Screening Act 2020; 11 Transport Legislation Amendment Act 2023 No. of 2023 Part 2--Amendment of Bus Safety Act 2009 (b) any infringement notice served on the applicant for a transport offence-- (i) that has not been withdrawn or cancelled; and (ii) in relation to which information lodged under section 40(1)(a) of the Infringements Act 2006 is not deemed to be a charge-sheet charging the offence by operation of section 40(1)(b) of that Act. (2) In relation to an infringement notice referred to in subsection (1)(b), Safe Transport Victoria may have regard to the following-- (a) the nature and gravity of the transport offence and its relevance to the purpose for which the applicant seeks to be accredited; (b) when the transport offence is alleged to have been committed; (c) whether the transport offence still exists; (d) the age of the applicant at the time of the alleged commission of the transport offence; (e) the applicant's behaviour since the alleged commission of the transport offence; (f) the likelihood of the applicant committing another transport offence of the same kind; (g) whether the transport offence has been expiated; 12 Transport Legislation Amendment Act 2023 No. of 2023 Part 2--Amendment of Bus Safety Act 2009 (h) whether the decision to serve the infringement notice has been subject to internal review under Division 3 of Part 2 of the Infringements Act 2006; (i) if the infringement notice was served for a traffic infringement for which demerit points were incurred under Part 4 of the Road Safety Act 1986, the effect on the applicant of the operation of that Part including the incurring of the demerit points; (j) if the infringement notice was served for a traffic infringement, whether the applicant made any of the following statements under Part 6AA of the Road Safety Act 1986 in relation to the traffic infringement-- (i) an illegal user statement; (ii) a known user statement; (iii) a sold vehicle statement; (iv) an unknown user statement; (k) if the infringement notice was served for a traffic infringement and the applicant made a statement mentioned in paragraph (j)(ii) or (iii) in relation to the traffic infringement, whether a person made a nomination rejection statement under Part 6AA of the Road Safety Act 1986 in response to that statement; (l) any information that the applicant has given Safe Transport Victoria in relation to the infringement notice, including reasons why the infringement penalty stated in it was paid. 13 Transport Legislation Amendment Act 2023 No. of 2023 Part 2--Amendment of Bus Safety Act 2009 (3) In this section-- transport offence means-- (a) an offence under this Act or the regulations; or (b) an offence under Part 5 of the Commercial Passenger Vehicle Industry Act 2017 or regulations made for the purposes of that Part; or (c) a traffic infringement. 55N Time within which Safe Transport Victoria must deal with application (1) Subject to this Division, Safe Transport Victoria must decide whether to approve or refuse an application for accreditation within 20 business days after receiving the application. (2) Safe Transport Victoria, before the expiry of the period specified in subsection (1) or that period as extended under this subsection, may decide to extend the period within which it may decide whether to approve or refuse an application. (3) If Safe Transport Victoria decides to extend the period, Safe Transport Victoria must give the applicant written notice of-- (a) that decision; and (b) the new period within which Safe Transport Victoria intends to make the decision whether to approve or refuse an application. 14 Transport Legislation Amendment Act 2023 No. of 2023 Part 2--Amendment of Bus Safety Act 2009 55O Decision on application for driver accreditation (1) Safe Transport Victoria, having considered the matters referred to in section 55M, may issue a driver accreditation if satisfied-- (a) that it is appropriate to do so having regard to the public care objective; and (b) that the applicant-- (i) is technically competent and sufficiently fit and healthy to drive a bus for the purpose of providing a commercial bus service, a commercial minibus service or a local bus service; and (ii) is a fit and proper person to provide a commercial bus service, a commercial minibus service or a local bus service; and (c) that the applicant has complied with the requirements under this Part in relation to the application, including paying the application fee (if any) determined by Safe Transport Victoria under section 71A. (2) However, Safe Transport Victoria must refuse to issue a driver accreditation if aware that the applicant-- (a) does not hold an Australian driver licence; or (b) has been found guilty of a category 1 offence; or 15 Transport Legislation Amendment Act 2023 No. of 2023 Part 2--Amendment of Bus Safety Act 2009 (c) is a person who is subject to-- (i) reporting obligations imposed under Part 3 of the Sex Offenders Registration Act 2004; or (ii) a supervision order or interim supervision order within the meaning of the Serious Offenders Act 2018. (3) Unless satisfied that the applicant has shown that the issue of a driver accreditation is appropriate in the circumstances, Safe Transport Victoria must also refuse to issue a driver accreditation if aware that the applicant-- (a) has been found guilty of a category 2 offence; or (b) is subject to a charge for a category 1 offence that has not been finally disposed of at the time of considering the application. (4) Without limiting the discretion of Safe Transport Victoria, Safe Transport Victoria may refuse to issue a driver accreditation if aware that the applicant-- (a) has been found guilty of a category 3 offence; or (b) is subject to a charge for a category 2 offence or category 3 offence that has not been finally disposed of at the time of considering the application. 16 Transport Legislation Amendment Act 2023 No. of 2023 Part 2--Amendment of Bus Safety Act 2009 (5) Safe Transport Victoria must not refuse to issue a driver accreditation on a ground referred to in subsection (2) if a decision to refuse to issue an accreditation or cancel an accreditation in respect of the person on that ground has previously been set aside (without being remitted) by VCAT. (6) In making a decision under subsection (3) or (4), Safe Transport Victoria may have regard to the following matters in relation to the category 2 offence or category 3 offence-- (a) the nature and gravity of the offence and its relevance to the service to be provided by the applicant; (b) the period of time since the applicant committed the offence; (c) whether a finding of guilt or conviction was recorded; (d) the sentence imposed for the offence; (e) the age of the applicant when the offence was committed; (f) in relation to any sexual offence, the age of any victim; (g) whether or not the conduct that constituted the offence has been decriminalised since the offence was committed; (h) the applicant's behaviour since committing the offence; (i) the likelihood of the applicant committing another such offence in the future, in particular, any future threat to a child or other vulnerable person; (j) any information given by the applicant. 17 Transport Legislation Amendment Act 2023 No. of 2023 Part 2--Amendment of Bus Safety Act 2009 55P Safe Transport Victoria must notify applicant of decision (1) As soon as practicable after making a decision to approve or refuse an application for the issue of a driver accreditation, Safe Transport Victoria must give to the applicant written notice of the decision. (2) If the decision is to refuse the application, the notice must-- (a) include a statement of reasons for the decision; and (b) if the application is refused on a ground set out in section 55O(2)(b) or (c), inform the person that they have a right to seek review of Safe Transport Victoria's decision under section 58A; and (c) if the application is refused on a ground set out in section 55O(3) or (4), inform the person that they have a right to seek review of Safe Transport Victoria's decision under Part 6. 55Q Conditions on driver accreditation (1) Safe Transport Victoria may impose conditions on a driver accreditation on issuing the accreditation. (2) In considering whether or not to impose conditions on a driver accreditation, Safe Transport Victoria must have regard to the public care objective. 18 Transport Legislation Amendment Act 2023 No. of 2023 Part 2--Amendment of Bus Safety Act 2009 (3) Without limiting subsection (1), Safe Transport Victoria may impose on a driver accreditation a condition requiring the accredited driver to undertake a course of training or to pass a test specified under section 55L. (4) If Safe Transport Victoria decides to impose conditions on a driver accreditation, Safe Transport Victoria must give the accredited driver-- (a) written notice of the decision; and (b) a written copy of the conditions to which the accreditation is subject. (5) A notice under subsection (4)(a) must inform the accredited driver that they have a right to seek review of the decision under Part 6. (6) A driver accreditation is also subject to any prescribed condition. 55QA Certificate of accreditation On issuing a driver accreditation, Safe Transport Victoria must issue a certificate of accreditation that-- (a) is in the form approved by Safe Transport Victoria; and (b) sets out the name of the accredited driver. 55R Driver accreditation lasts until cancelled or surrendered A driver accreditation remains in effect until it is cancelled or surrendered. 19 Transport Legislation Amendment Act 2023 No. of 2023 Part 2--Amendment of Bus Safety Act 2009 55S Annual accreditation fees (1) An accredited driver must pay to Safe Transport Victoria the appropriate annual accreditation fee by the date specified by written notice given to the driver by Safe Transport Victoria. Note For the annual accreditation fee, see section 71A. (2) The date specified in a notice under subsection (1) must not be less than 10 business days after the date the notice is given to the accredited driver. (3) Safe Transport Victoria may suspend or cancel an accredited driver's driver accreditation if the driver fails to pay an annual accreditation fee by the date specified by Safe Transport Victoria. 55T Safe Transport Victoria may vary or revoke conditions or impose new conditions (1) Safe Transport Victoria may at any time (on Safe Transport Victoria's own initiative or on the written application of an accredited driver)-- (a) vary or revoke a condition imposed by Safe Transport Victoria on a driver accreditation; or (b) impose a new condition on a driver accreditation. (2) In considering whether or not to vary or revoke a condition, or impose a new condition, on a driver accreditation, Safe Transport Victoria must have regard to the public care objective. 20 Transport Legislation Amendment Act 2023 No. of 2023 Part 2--Amendment of Bus Safety Act 2009 (3) Without limiting subsection (1)(b), Safe Transport Victoria may impose on a driver accreditation a condition requiring the accredited driver to undertake a course of training or to pass a test specified under section 55L. (4) Safe Transport Victoria must give the accredited driver written notice of the action taken under subsection (1) as soon as practicable after taking the action. (5) A notice under subsection (4) must-- (a) include a statement of reasons for the action taken; and (b) inform the accredited driver that they have a right to seek review of Safe Transport Victoria's decision to take the action under Part 6. 55U Offence to fail to comply with conditions of driver accreditation An accredited driver must comply with-- (a) any condition imposed on the driver accreditation; and (b) any prescribed condition to which that accreditation is subject. Penalty: 30 penalty units. Division 4--Disqualification from holding driver accreditation 55V Disqualification from applying for driver accreditation (1) If Safe Transport Victoria refuses an application for the issue of a driver accreditation under this Part, Safe Transport Victoria may determine that the applicant is 21 Transport Legislation Amendment Act 2023 No. of 2023 Part 2--Amendment of Bus Safety Act 2009 disqualified from applying for the issue of a driver accreditation for a period determined by Safe Transport Victoria. (2) A period determined by Safe Transport Victoria under subsection (1) must not exceed 5 years. (3) In making a determination under subsection (1), Safe Transport Victoria must have regard to-- (a) the public care objective; and (b) if the person has been found guilty of a category 2 offence or category 3 offence, the matters set out in section 55O(6). (4) Safe Transport Victoria must give the applicant written notice of the disqualification as soon as practicable after the determination to disqualify the applicant. (5) A notice under subsection (4) must-- (a) specify the period of disqualification; and (b) include a statement of reasons for the action taken; and (c) inform the applicant that they have a right to seek review of Safe Transport Victoria's determination to take the action under Part 6. 55VA Disqualification ceases if there has been a relevant change of circumstances (1) A person who has been disqualified under section 55V is not entitled to make a further application for the issue of a driver accreditation under this Part-- 22 Transport Legislation Amendment Act 2023 No. of 2023 Part 2--Amendment of Bus Safety Act 2009 (a) until the period determined by Safe Transport Victoria has elapsed; or (b) unless Safe Transport Victoria declares that the disqualification ceases to have effect. (2) The person may apply in writing to Safe Transport Victoria for a declaration that the disqualification ceases to have effect. (3) On receiving an application under subsection (2), Safe Transport Victoria must declare that the disqualification ceases to have effect if satisfied that there has been a relevant change in circumstances in relation to the person. (4) In this section-- relevant change in circumstances, in relation to a person, includes where-- (a) a charge that the person was subject to, that was pending at the date of the disqualification, is finally dealt with, without the person being found guilty of the offence; or (b) a finding of guilt of the person is quashed or set aside by a court after the date of the disqualification; or (c) a finding on which the decision to disqualify the person under section 55V was based is quashed or set aside after the date of the disqualification. 23 Transport Legislation Amendment Act 2023 No. of 2023 Part 2--Amendment of Bus Safety Act 2009 Division 5--Driver accreditation offences 55VB Offence not to sign certificate of accreditation on receipt (1) A person commits an offence if-- (a) Safe Transport Victoria issues a driver accreditation to the person; and (b) the person receives a certificate of accreditation in paper form; and (c) the person fails to sign the certificate on receiving it. (2) A person who commits an offence against subsection (1) is liable to a penalty not exceeding 5 penalty units. 55VC Offence not to notify change of address and return certificate of accreditation (1) An accredited driver commits an offence if the driver-- (a) changes their residential address; and (b) does not within 5 business days after that change occurring-- (i) notify Safe Transport Victoria of it; and (ii) return the certificate of accreditation to Safe Transport Victoria. (2) An accredited driver who commits an offence against subsection (1) is liable to a penalty not exceeding 5 penalty units. 24 Transport Legislation Amendment Act 2023 No. of 2023 Part 2--Amendment of Bus Safety Act 2009 55VD Offence not to notify of suspension or cancellation of driver accreditation (1) A person issued with a driver accreditation commits an offence if the person-- (a) is employed or engaged by an accredited bus operator; and (b) receives notice of the suspension or cancellation of their driver accreditation; and (c) does not notify the accredited bus operator of the suspension or cancellation within 5 business days after receiving that notice. (2) A person who commits an offence against subsection (1) is liable to a penalty not exceeding 5 penalty units. 55VE Offence not to notify of being charged with, or found guilty of, a disqualifying offence (1) An accredited driver commits an offence if the driver-- (a) is charged with, or found guilty of, a disqualifying offence; and (b) does not notify Safe Transport Victoria of the charge or the finding of guilt within 20 business days after being so charged or found guilty. (2) An accredited driver commits an offence if the driver-- (a) becomes subject to reporting obligations or an order of a kind referred to in section 55O(2)(c); and 25 Transport Legislation Amendment Act 2023 No. of 2023 Part 2--Amendment of Bus Safety Act 2009 (b) does not notify Safe Transport Victoria of the obligations or order within 20 business days after becoming subject to them. (3) An accredited driver who commits an offence against subsection (1) or (2) is liable to a penalty not exceeding 5 penalty units. 55VF Offence to retain illegible certificate of accreditation (1) An accredited driver commits an offence if-- (a) the driver's certificate of accreditation becomes illegible or is altered or defaced; and (b) the driver does not return the certificate to Safe Transport Victoria and apply for the issue of a replacement certificate within 5 business days after becoming aware that the certificate has become illegible or is altered or defaced. (2) An accredited driver who commits an offence against subsection (1) is liable to a penalty not exceeding 5 penalty units. 55VG Offence to retain certificate if accreditation suspended or cancelled (1) A person issued with a driver accreditation commits an offence if the person-- (a) receives notice of the suspension or cancellation of their driver accreditation; and (b) does not return their certificate of accreditation to Safe Transport Victoria within 20 business days after receiving notice of the suspension or cancellation. 26 Transport Legislation Amendment Act 2023 No. of 2023 Part 2--Amendment of Bus Safety Act 2009 (2) A person who commits an offence against subsection (1) is liable to a penalty not exceeding 5 penalty units. 55VH Offence not to carry certificate of accreditation when driving (1) An accredited driver commits an offence if the driver does not carry their certificate of accreditation while driving a bus for the purpose of providing a commercial bus service, commercial minibus service or a local bus service. (2) An accredited driver who commits an offence against subsection (1) is liable to a penalty not exceeding 5 penalty units. 55VI Driver accreditation cannot be transferred (1) A driver accreditation-- (a) is personal to the person who holds it; and (b) is not capable of being transferred or assigned to any other person or of being otherwise dealt with by the person who holds it; and (c) does not vest by operation of law in any other person. (2) A purported transfer, assignment or lease of a driver accreditation and any other purported dealing with a driver accreditation by the person who holds it is of no effect. (3) An accredited driver must not purport to transfer or assign their driver accreditation to any other person or otherwise purport to deal with it. Penalty: 60 penalty units. 27 Transport Legislation Amendment Act 2023 No. of 2023 Part 2--Amendment of Bus Safety Act 2009 (4) This section does not apply to the surrender of an accreditation in accordance with this Part. 55VJ Surrender of driver accreditation (1) An accredited driver may apply in writing to Safe Transport Victoria for consent to surrender their driver accreditation. (2) An application under subsection (1) must be accompanied by the certificate of accreditation unless-- (a) the certificate has already been returned to Safe Transport Victoria; or (b) the certificate has been lost, stolen or destroyed. (3) If subsection (2)(b) applies, the application must be accompanied by a statement, verified by a statutory declaration signed by or on behalf of the accredited driver, that the certificate has been lost, stolen or destroyed. (4) Subject to subsection (5), on receiving an application under subsection (1), Safe Transport Victoria must consent to the surrender. (5) Safe Transport Victoria may impose any condition on the consent to surrender that Safe Transport Victoria considers necessary to protect the interests of a third party. (6) A person commits an offence if-- (a) Safe Transport Victoria imposes a condition on a consent to surrender a driver accreditation; and (b) the condition applies to the person; and (c) the person does not comply with the condition. 28 Transport Legislation Amendment Act 2023 No. of 2023 Part 2--Amendment of Bus Safety Act 2009 (7) A person who commits an offence against subsection (6) is liable to a penalty not exceeding 20 penalty units. 55VK Offence not to produce certificate of accreditation when asked (1) An accredited driver commits an offence if the driver-- (a) drives a bus for the purposes of providing a commercial bus service, commercial minibus service or a local bus service; and (b) is asked by a transport safety officer or a police officer to produce their certificate of accreditation; and (c) refuses or fails to do so. (2) An accredited driver who commits an offence against subsection (1) is liable to a penalty not exceeding 5 penalty units. Division 6--Disciplinary action 55W When Safe Transport Victoria may take disciplinary action Safe Transport Victoria may take disciplinary action under this Division against an accredited driver if satisfied of any of the following-- (a) that the accredited driver has contravened or is contravening a condition imposed on the driver accreditation; (b) that the accredited driver has contravened or is contravening this Act or regulations made under this Act; 29 Transport Legislation Amendment Act 2023 No. of 2023 Part 2--Amendment of Bus Safety Act 2009 (c) that the driver accreditation was obtained because of false or misleading information given as part of, or in relation to, the application for the driver accreditation; (d) that the accredited driver has been found guilty of a category 2 offence or a category 3 offence or is subject to a charge for a disqualifying offence that has not been finally disposed of; (e) that the accredited driver would no longer satisfy any one or more of the matters that Safe Transport Victoria must consider when deciding whether to approve or refuse to approve the application for the driver accreditation. 55X Disciplinary actions that may be taken in relation to driver accreditation Subject to this Division, Safe Transport Victoria may take one or more of the following actions (disciplinary actions) in relation to an accredited driver-- (a) cancel the driver accreditation; (b) if the driver accreditation is cancelled, disqualify the accredited driver from applying for an accreditation under this Part for a specified period not exceeding 5 years; (c) suspend the driver accreditation for a specified period or until a specified event occurs; (d) if the driver accreditation is already suspended, do any of the following-- (i) cancel the driver accreditation; 30 Transport Legislation Amendment Act 2023 No. of 2023 Part 2--Amendment of Bus Safety Act 2009 (ii) cancel the driver accreditation and disqualify the accredited driver from applying for an accreditation under this Part for a period not exceeding 5 years; (iii) suspend the driver accreditation for an additional period; (e) warn the accredited driver that more serious action may be taken in the future if the driver repeats the behaviour; (f) reprimand the accredited driver; (g) require the accredited driver to undertake a course of training or to pass a test specified under section 55L; (h) impose a new condition on, or vary a condition on, the driver accreditation. 55Y Procedure for taking disciplinary action (1) This section applies if Safe Transport Victoria proposes to take disciplinary action against an accredited driver under this Division. (2) Safe Transport Victoria must serve on the accredited driver a notice that-- (a) specifies the proposed disciplinary action (including any proposed period of suspension or disqualification); and (b) specifies the grounds for the proposed disciplinary action; and (c) invites the accredited driver to make a written submission within a specified period as to why the proposed disciplinary action should not be taken. 31 Transport Legislation Amendment Act 2023 No. of 2023 Part 2--Amendment of Bus Safety Act 2009 (3) For the purposes of subsection (2)(c), the period specified in the disciplinary notice may be-- (a) if an immediate suspension notice is also served under section 55ZC, a period of at least 10 business days after the day on which the disciplinary notice is served on the accredited driver; or (b) in any other case, a period of at least 20 business days after the day on which the disciplinary notice is served on the accredited driver. 55Z Safe Transport Victoria may extend time for making submissions in relation to disciplinary notices (1) An accredited driver served a disciplinary notice under section 55Y may request Safe Transport Victoria to extend the time within which the driver must make a submission under a notice under that section. (2) A request must be in writing and set out the reasons for the request. (3) On receiving a request, Safe Transport Victoria may extend the time within which the accredited driver may make the submission, by written notice served on the driver. (4) A notice under subsection (3) must state the new date by which the accredited driver may make the submission. 55ZA Decision on taking disciplinary action (1) If Safe Transport Victoria is satisfied that grounds for taking disciplinary action against an accredited driver have been established, Safe Transport Victoria may take-- 32 Transport Legislation Amendment Act 2023 No. of 2023 Part 2--Amendment of Bus Safety Act 2009 (a) any disciplinary action specified in the disciplinary notice; or (b) disciplinary action that is less severe. (2) In deciding whether to take disciplinary action, Safe Transport Victoria must consider any submission made to Safe Transport Victoria by the accredited driver in accordance with the disciplinary notice served on the driver. (3) As soon as practicable after making a decision under this section, Safe Transport Victoria must serve written notice of the decision on the accredited driver. (4) If the decision is to take disciplinary action, the written notice must set out-- (a) the disciplinary action being taken; and (b) the reasons for the decision; and (c) the right to seek review of Safe Transport Victoria's decision to take the disciplinary action under Part 6; and (d) the date on which any cancellation, suspension, disqualification or new or varied condition takes effect. (5) The date set out in a notice under subsection (4) must not be earlier than 5 business days after the day on which the notice under subsection (3) is served. 55ZB Mandatory cancellation of driver accreditations in certain cases (1) Safe Transport Victoria must cancel a driver accreditation if the accredited driver-- (a) is found guilty of a category 1 offence; or 33 Transport Legislation Amendment Act 2023 No. of 2023 Part 2--Amendment of Bus Safety Act 2009 (b) becomes subject to-- (i) reporting obligations imposed under Part 3 of the Sex Offenders Registration Act 2004; or (ii) a supervision order or interim supervision order within the meaning of the Serious Offenders Act 2018. (2) Safe Transport Victoria must not cancel a driver accreditation of a person on a ground referred to in subsection (1) if any of the following decisions in respect of the person has been previously set aside (but not remitted) by VCAT on that ground-- (a) a decision to refuse to issue a driver accreditation; (b) a decision to cancel an accreditation. 55ZC Immediate suspension of driver accreditation at the discretion of Safe Transport Victoria (1) This section applies if Safe Transport Victoria-- (a) has decided to serve, or has served, a disciplinary notice on an accredited driver; and (b) on reasonable grounds, believes that it is in the public interest that the driver accreditation held by the accredited driver be suspended as soon as practicable before a decision is made to take action under section 55ZA in relation to that accredited driver. 34 Transport Legislation Amendment Act 2023 No. of 2023 Part 2--Amendment of Bus Safety Act 2009 (2) In forming the belief referred to in subsection (1)(b), Safe Transport Victoria must consider-- (a) the circumstances leading to the decision to serve the disciplinary notice; and (b) the grounds specified, or proposed to be specified, in the disciplinary notice. (3) Safe Transport Victoria may serve on the accredited driver a notice (an immediate suspension notice) suspending the driver accreditation. (4) An immediate suspension notice served in relation to a driver accreditation ends-- (a) if the driver accreditation is cancelled or suspended under section 55ZA, when the cancellation or suspension takes effect; or (b) if a condition is imposed on the driver accreditation, or a condition on the driver accreditation is varied, when the condition or varied condition takes effect; or (c) in any other case, when the accredited driver is notified under section 55ZA(3) of the decision made on the disciplinary notice. 55ZD Mandatory immediate suspension of driver accreditation (1) This section applies if an accredited driver is subject to a charge for a category 1 offence that has not been finally disposed of. 35 Transport Legislation Amendment Act 2023 No. of 2023 Part 2--Amendment of Bus Safety Act 2009 (2) Safe Transport Victoria must serve on the accredited driver a notice (an immediate suspension notice) suspending the driver accreditation. (3) An immediate suspension notice served in relation to a driver accreditation ends-- (a) if the accreditation is cancelled under section 55ZB(1)(a), on the day of that cancellation; or (b) if the person served the immediate suspension notice is found not guilty of the offence, on the day of that finding; or (c) if the charge is dismissed by a court or is withdrawn, on the day of that dismissal or withdrawal; or (d) if the proceeding for the hearing of the charge is discontinued by the prosecution, on the day of that discontinuance; or (e) if the person served the immediate suspension notice is discharged by a court following a committal proceeding, on the day of that discharge. 55ZE Mandatory suspension of driver accreditation if driver licence suspended or cancelled (1) This section applies if an accredited driver has their Australian driver licence suspended or cancelled under the Road Safety Act 1986 or law of another State or a Territory under which the licence is issued. 36 Transport Legislation Amendment Act 2023 No. of 2023 Part 2--Amendment of Bus Safety Act 2009 (2) Safe Transport Victoria must suspend the driver accreditation. (3) A suspension under this section of a driver accreditation remains in effect until Safe Transport Victoria reinstates the accreditation of the person in accordance with section 55ZF. 55ZF Reinstatement of driver accreditation following reinstatement of driver licence Safe Transport Victoria must reinstate a driver accreditation that is suspended in accordance with section 55ZE if-- (a) the person who holds the suspended accreditation gives evidence, to the satisfaction of Safe Transport Victoria, that-- (i) the suspension of the person's Australian driver licence has ceased; or (ii) the person has been granted an Australian driver licence; and (b) there are no grounds for Safe Transport Victoria to consider taking disciplinary action under this Division. 55ZG Person whose driver licence or probationary licence is suspended or cancelled must notify Safe Transport Victoria An accredited driver whose Australian driver licence is suspended or cancelled under the Road Safety Act 1986 or law of another State or a Territory under which the licence is issued must, within 5 business days after that suspension or cancellation-- 37 Transport Legislation Amendment Act 2023 No. of 2023 Part 2--Amendment of Bus Safety Act 2009 (a) notify Safe Transport Victoria of that suspension or cancellation; and (b) return to Safe Transport Victoria their certificate of accreditation. Penalty: 5 penalty units. 55ZH Effect of suspension of driver accreditation (1) This section applies if a person's driver accreditation is suspended under this Division. (2) During the period of the suspension of the driver accreditation-- (a) the driver accreditation is taken not to be in effect; and (b) the person is taken not to be an accredited driver; and (c) the person is disqualified from applying for driver accreditation. 55ZI Reinstatement of driver accreditation If Safe Transport Victoria has suspended the driver accreditation of a person under section 55ZA pending hearing of a charge for a disqualifying offence, and the person is not found guilty of the offence, Safe Transport Victoria must reinstate the accreditation.". 7 New Division heading inserted in Part 6 After the heading to Part 6 of the Bus Safety Act 2009 insert-- "Division 1--Review by VCAT of decisions relating to accredited bus operators". 38 Transport Legislation Amendment Act 2023 No. of 2023 Part 2--Amendment of Bus Safety Act 2009 8 New Divisions 2 to 5 inserted in Part 6 After section 58 of the Bus Safety Act 2009 insert-- "Division 2--Review of decisions relating to accredited drivers 58A Reviewable decisions under Part 4A (1) The following Table sets out-- (a) the decisions under Part 4A or the regulations that are reviewable in accordance with this Division and Division 3 (reviewable decisions); and (b) who is eligible to apply for review of a reviewable decision (the eligible person in relation to the reviewable decision). Table Provision under Eligible person which reviewable in relation to Item decision is made reviewable decision 1 Section 55O (except The applicant subsection (2)) (refusal to issue driver accreditation) 2 Section 55Q The accredited (imposition of driver conditions on driver accreditation) 3 Section 55T (Safe The accredited Transport Victoria driver may vary or revoke conditions or impose new conditions) 4 Section 55V The disqualified (disqualification person from applying for driver accreditation) 39 Transport Legislation Amendment Act 2023 No. of 2023 Part 2--Amendment of Bus Safety Act 2009 Provision under Eligible person which reviewable in relation to Item decision is made reviewable decision 5 Section 55VJ The accredited (imposition of driver condition to surrender driver accreditation) 6 Section 55ZA (the The accredited taking of disciplinary driver action) (2) A reviewable decision does not include a decision referred to in the Table in subsection (1) that was-- (a) affirmed, varied or substituted for another decision under section 58D; or (b) made by Safe Transport Victoria and not by a delegate of Safe Transport Victoria. Division 3--Internal review of Part 4A decisions 58B Application for internal review (1) An eligible person may apply to Safe Transport Victoria for review of a reviewable decision. Note Division 4 provides for the review by VCAT of a reviewable decision. (2) An application under subsection (1) must be made within-- (a) 20 business days after the day on which the decision first came to the eligible person's notice; or 40 Transport Legislation Amendment Act 2023 No. of 2023 Part 2--Amendment of Bus Safety Act 2009 (b) such longer period as Safe Transport Victoria allows. (3) An application under subsection (1) must be made in the manner and form determined by Safe Transport Victoria. 58C Safe Transport Victoria may stay operation of decision subject to application for internal review (1) An application under section 58B(1) does not affect the operation of the reviewable decision or prevent the taking of any action to implement it unless Safe Transport Victoria stays the operation of the decision pending the determination of the internal review-- (a) on Safe Transport Victoria's own initiative; or (b) on the application of the applicant for review. (2) Safe Transport Victoria must make a decision on an application for a stay within 2 business days after the making of that application. (3) If Safe Transport Victoria has not made a decision in accordance with subsection (2), Safe Transport Victoria is taken to have made a decision to grant a stay. (4) Safe Transport Victoria may attach any conditions to a stay of the operation of a reviewable decision that Safe Transport Victoria considers appropriate. 41 Transport Legislation Amendment Act 2023 No. of 2023 Part 2--Amendment of Bus Safety Act 2009 58D Determination of application for internal review (1) On receiving an application made in accordance with section 58B, Safe Transport Victoria must make a fresh decision-- (a) that affirms or varies the reviewable decision; or (b) that sets aside the reviewable decision and substitutes another decision that Safe Transport Victoria considers appropriate. (2) Safe Transport Victoria must give a written notice (a decision notice) to the applicant setting out-- (a) the decision of Safe Transport Victoria under subsection (1) and the reasons for the decision; and (b) the findings on material questions of fact that led to the decision, referring to the evidence or other material on which those findings were based. (3) Safe Transport Victoria must give a decision notice to the applicant within 20 business days after the application is made. (4) If Safe Transport Victoria does not comply with subsection (3), Safe Transport Victoria is taken to have made a decision to affirm the reviewable decision. 42 Transport Legislation Amendment Act 2023 No. of 2023 Part 2--Amendment of Bus Safety Act 2009 Division 4--VCAT review of Part 4A decisions 58E Review of Safe Transport Victoria decisions by VCAT (1) An eligible person may apply to VCAT for review of a decision referred to in the Table in section 58A(1) made by Safe Transport Victoria under section 58D, or otherwise. (2) To avoid doubt, subsection (1) does not apply to a refusal by Safe Transport Victoria to issue a driver accreditation or to a cancellation of a driver accreditation in the circumstances to which section 58F applies. (3) VCAT must not make a decision under this section that would give rise to the issue of a driver accreditation unless VCAT is satisfied of the matters set out in section 55O(1)(b). (4) In making a decision under this section on a matter involving a disqualifying offence, VCAT may have regard to any matter to which a consideration in section 55O(6) would apply. (5) An application under subsection (1) must be made within 28 days after the later of-- (a) the day on which the decision of Safe Transport Victoria was made; or (b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the 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. 43 Transport Legislation Amendment Act 2023 No. of 2023 Part 2--Amendment of Bus Safety Act 2009 Division 5--VCAT orders in relation to category 1 offenders 58F VCAT orders in relation to category 1 offenders (1) This section applies to the following persons-- (a) a person whose application for the issue of a driver accreditation is refused on a ground set out in section 55O(2)(b) or (c); (b) a person who is disqualified from applying for a driver accreditation under section 55V; (c) a person whose driver accreditation is cancelled under section 55ZB. (2) The person may apply to VCAT for an order that Safe Transport Victoria issue or reinstate the driver accreditation or cancel the disqualification (as the case requires). (3) On an application under subsection (2), VCAT may by order direct Safe Transport Victoria to-- (a) issue a driver accreditation to the applicant; or (b) reinstate the driver accreditation of the applicant; or (c) make a determination cancelling the disqualification of the applicant. (4) VCAT must not make an order under subsection (3) to issue or reinstate a driver accreditation unless-- (a) VCAT is satisfied of the matters set out in section 55O(1)(b); and 44 Transport Legislation Amendment Act 2023 No. of 2023 Part 2--Amendment of Bus Safety Act 2009 (b) the applicant has demonstrated that the issue or reinstatement is appropriate having regard to the public care objective; and (c) VCAT is satisfied that-- (i) the making of the order would not pose an unjustifiable risk to the safety of users of commercial bus services, commercial minibus services or local bus services; and (ii) in all the circumstances, it is in the public interest to make the order. (5) For the purposes of subsection (4)(c)(i), VCAT must have regard to the matters set out in section 55O(6). (6) If VCAT refuses to make an order applied for under subsection (2), VCAT may by order disqualify the person from applying for a driver accreditation for a period not exceeding 5 years. (7) A period of disqualification under an order under subsection (6) may be in substitution of a period of disqualification imposed by Safe Transport Victoria.". 9 New section 71A inserted After section 71 of the Bus Safety Act 2009 insert-- "71A Regulatory fees (1) By notice published in the Government Gazette, Safe Transport Victoria may determine the following-- (a) the fees payable for applications for driver accreditations; 45 Transport Legislation Amendment Act 2023 No. of 2023 Part 2--Amendment of Bus Safety Act 2009 (b) annual accreditation fees payable by accredited drivers. (2) Safe Transport Victoria must obtain the approval of the Minister for any fee Safe Transport Victoria determines under subsection (1). (3) Fees determined under subsection (1) may-- (a) be of general or limited application; and (b) differ according to differences in time, place or circumstance. (4) A fee determined under subsection (1) takes effect on-- (a) the day the notice under which it is determined is published in the Government Gazette; or (b) if that notice specifies a later date, that date.". 10 Accreditation In section 76 of the Bus Safety Act 2009-- (a) after "with respect to" insert "accreditation under Parts 4 and 4A including in relation to"; (b) in paragraph (f), after "accreditation" insert "or driver accreditation"; (c) in paragraph (g), for "when determining an accreditation application" substitute "when determining an application for accreditation or driver accreditation"; (d) in paragraph (i), after "accreditation" insert "or driver accreditation"; 46 Transport Legislation Amendment Act 2023 No. of 2023 Part 2--Amendment of Bus Safety Act 2009 (e) in paragraph (j), for "of accreditation" substitute "of accreditation or driver accreditation"; (f) after paragraph (jb) insert-- "(jc) prescribing and regulating accredited drivers including in relation to their duties and conduct; (jd) prescribing qualifications to be required of, and the tests to be passed by, applicants for driver accreditation; (je) prescribing the form of an application for driver accreditation and the cancellation or suspension of a driver accreditation;"; (g) in paragraph (k), for "fees." substitute "fees;"; (h) after paragraph (k) insert-- "(l) prescribing any matter or thing required or permitted by Parts 4 or 4A to be prescribed or necessary to be prescribed to give effect to those Parts.". 11 New Schedule 1 inserted After Part 8 of the Bus Safety Act 2009 insert Schedule 1-- "Schedule 1--Categorised offences Section 3(1) Part 1--Category 1 offences 1. An offence against the Crimes Act 1958 that involves sexual penetration. 47 Transport Legislation Amendment Act 2023 No. of 2023 Part 2--Amendment of Bus Safety Act 2009 2. An offence against a provision of the Crimes Act 1958 amended or repealed before the commencement of section 8 of the Transport Legislation (Further Amendment) Act 2006 of which the necessary elements at the time it was committed consisted of elements that constitute an offence referred to in item 1. 3. An offence specified in clause 1 of Schedule 1 to the Sentencing Act 1991, if the victim of the offence was a child or a person with a cognitive impairment or mental illness, that is not an offence referred to in item 1 or 2. 4. An offence against section 5A of the Crimes Act 1958. 5. An offence against section 318(1) of the Crimes Act 1958 (whether in relation to a motor vehicle or a vessel). 6. An offence specified in clause 3 of Schedule 1 to the Sentencing Act 1991. 7. A child abuse material offence within the meaning of the Worker Screening Act 2020. 8. An offence against a provision of Division 101 of the Criminal Code of the Commonwealth. 9. An offence against section 271.4 (trafficking in children) or section 271.7 (domestic trafficking in children) of the Criminal Code of the Commonwealth. 10. An offence under a law of a jurisdiction other than Victoria (including jurisdictions outside Australia) that, if it had been 48 Transport Legislation Amendment Act 2023 No. of 2023 Part 2--Amendment of Bus Safety Act 2009 committed in Victoria, would have constituted an offence listed in this Part. Part 2--Category 2 offences 11. An offence specified in clause 1 of Schedule 1 to the Sentencing Act 1991 that is not an offence referred to in item 1, 2, 3, 4 or 5 of Part 1 of this Schedule. 12. An offence specified in clause 2 of Schedule 1 to the Sentencing Act 1991 that is not an offence specified in clause 3 of that Schedule. 13. An offence specified in clause 4 of Schedule 1 to the Sentencing Act 1991. 14. An offence against section 24 of the Crimes Act 1958 arising out of the driving of a motor vehicle by the offender. 15. An offence against section 21A of the Crimes Act 1958. 16. An offence against section 49N of the Crimes Act 1958. 17. An offence against section 77A of the Crimes Act 1958. 18. An offence against section 77B of the Crimes Act 1958. 19. An offence against section 79 of the Crimes Act 1958. 20. An offence against section 79A of the Crimes Act 1958. 21. An offence against section 319(1) of the Crimes Act 1958 (whether in relation to a motor vehicle or a vessel). 49 Transport Legislation Amendment Act 2023 No. of 2023 Part 2--Amendment of Bus Safety Act 2009 22. An offence against section 319(1A) of the Crimes Act 1958 (whether in relation to a motor vehicle or a vessel). 23. An offence against section 61 of the Road Safety Act 1986 resulting in a person being killed or suffering serious injury. 24. An offence against section 71AB or 71B of the Drugs, Poisons and Controlled Substances Act 1981. 25. An offence against section 46 or 47 or Part 5 of the Sex Offenders Registration Act 2004 (other than section 70). 26. An offence against the Serious Offenders Act 2018 (other than section 277, 281 or 284). 27. An offence against section 271.4 (trafficking in children) or section 271.7 (domestic trafficking in children) of the Criminal Code of the Commonwealth other than in circumstances where the purpose of the exploitation is to provide sexual services within the meaning of that Code. 28. 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 Commonwealth. 29. An offence involving fraud or dishonesty. 30. An offence against this Act. 31. 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 listed in this Part. 50 Transport Legislation Amendment Act 2023 No. of 2023 Part 2--Amendment of Bus Safety Act 2009 Part 3--Category 3 offences 32. An offence specified in any of the following infringement notices-- (a) an infringement notice to which section 61A(2) of the Marine (Drug, Alcohol and Pollution Control) Act 1988 applies; (b) a traffic infringement notice to which section 89A(2) of the Road Safety Act 1986 applies. 33. An offence that is not a category 1 offence, a category 2 offence or an offence referred to in item 32. 34. 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 listed in this Part.". Division 2--Regulatory exemptions 12 New section 67A inserted After section 67 of the Bus Safety Act 2009 insert-- "67A Regulatory exemptions (1) Safe Transport Victoria, by written notice, may exempt a person from a requirement under this Act or the regulations (other than a requirement in a designated provision within the meaning of section 50) if Safe Transport Victoria is satisfied that-- (a) the person is substantially complying with the requirement; or (b) the person has adequately achieved the purpose of the requirement; or 51 Transport Legislation Amendment Act 2023 No. of 2023 Part 2--Amendment of Bus Safety Act 2009 (c) the person's compliance with the requirement would, in the particular circumstances, be impracticable, unnecessary or inappropriate. (2) An exemption may be either indefinite or for a specified period and either absolute or on specified conditions. (3) Safe Transport Victoria may at any time suspend or cancel an exemption, or alter its period or its terms and conditions, by written notice given to the person given the exemption.". 52 Transport Legislation Amendment Act 2023 No. of 2023 Part 3--Amendment of Commercial Passenger Vehicle Industry Act 2017 Part 3--Amendment of Commercial Passenger Vehicle Industry Act 2017 Division 1--Review of decisions 13 Cancellation of registration For section 48(2) of the Commercial Passenger Vehicle Industry Act 2017 substitute-- "(2) A notice under subsection (1) must include a statement of reasons for the cancellation.". 14 Surrender of registration After section 49(3) of the Commercial Passenger Vehicle Industry Act 2017 insert-- "(3A) If the regulator imposes a condition under subsection (3), the regulator must inform the person that they have a right to seek review of the regulator's decision under Part 12.". 15 Surrender of registration After section 66(3) of the Commercial Passenger Vehicle Industry Act 2017 insert-- "(3A) If the regulator imposes a condition under subsection (3), the regulator must inform the person that they have a right to seek review of the regulator's decision under Part 12.". 16 Surrender of driver accreditation After section 84(5) of the Commercial Passenger Vehicle Industry Act 2017 insert-- "(5A) If the regulator imposes a condition under subsection (5), the regulator must inform the person that they have a right to seek review of the regulator's decision under Part 12.". 53 Transport Legislation Amendment Act 2023 No. of 2023 Part 3--Amendment of Commercial Passenger Vehicle Industry Act 2017 17 Decision on taking disciplinary action After section 218(4)(b) of the Commercial Passenger Vehicle Industry Act 2017 insert-- "(ba) the right to seek review of the regulator's decision to take the disciplinary action under Part 12; and". 18 Reviewable decisions In the Table to section 247(1) of the Commercial Passenger Vehicle Industry Act 2017-- (a) item 9 is repealed; (b) after item 10 insert-- "10A Section 175 (amendment The person on of improvement notice) whom the notice is served". 19 Determination of application for internal review In section 250(2) of the Commercial Passenger Vehicle Industry Act 2017-- (a) in paragraph (b), for "based." substitute "based; and"; (b) after paragraph (b) insert-- "(c) the right to seek review of the regulator's decision under Division 3 of Part 12.". 20 VCAT orders in relation to category 1 offenders In section 253(1)(b) of the Commercial Passenger Vehicle Industry Act 2017, after "section 85" insert "after the person's application for the issue of a driver accreditation was refused on a ground set out in section 75(2)(b) or (c)". 54 Transport Legislation Amendment Act 2023 No. of 2023 Part 3--Amendment of Commercial Passenger Vehicle Industry Act 2017 Division 2--Information gathering and handling 21 Restriction on disclosure or use of sensitive information In section 255 of the Commercial Passenger Vehicle Industry Act 2017, after "Division" insert "or an information sharing arrangement under section 266". 22 Information sharing In section 266(1) of the Commercial Passenger Vehicle Industry Act 2017, after "exchanging information" insert ", including sensitive information,". Division 3--Repeal of redundant provisions 23 Matters to which regulator may have regard in considering application (1) In section 73(1) of the Commercial Passenger Vehicle Industry Act 2017-- (a) in paragraph (b)(ii), for "Act;" substitute "Act."; (b) paragraph (c) is repealed. (2) In section 73(2) of the Commercial Passenger Vehicle Industry Act 2017 omit "or (c)". 24 Decision on application for driver accreditation Section 75(2)(c)(ii) and (iii) of the Commercial Passenger Vehicle Industry Act 2017 are repealed. 25 Mandatory cancellation of driver accreditations in certain cases Section 219(1)(b)(ii) of the Commercial Passenger Vehicle Industry Act 2017 is repealed. 55 Transport Legislation Amendment Act 2023 No. of 2023 Part 3--Amendment of Commercial Passenger Vehicle Industry Act 2017 26 Schedule 1--Categorised offences Items 26 and 27 of Schedule 1 to the Commercial Passenger Vehicle Industry Act 2017 are repealed. Division 4--Other amendments 27 Definitions In section 3 of the Commercial Passenger Vehicle Industry Act 2017, in the definition of driver accreditation, after "Part 5" insert "and in Part 9 includes an accreditation under Part 4A of the Bus Safety Act 2009". 28 Offence for driver to provide services without accreditation In section 70 of the Commercial Passenger Vehicle Industry Act 2017, for "accredited under this Part." substitute-- "accredited-- (a) under this Part; or (b) under Part 4A of the Bus Safety Act 2009.". 29 Matters to which regulator may have regard in considering application In section 73(3) of the Commercial Passenger Vehicle Industry Act 2017, in paragraph (b) of the definition of transport offence, for "Part VI of the Transport (Compliance and Miscellaneous) Act 1983" substitute "Part 4A of the Bus Safety Act 2009". 56 Transport Legislation Amendment Act 2023 No. of 2023 Part 3--Amendment of Commercial Passenger Vehicle Industry Act 2017 30 New section 214AA inserted Before section 214 of the Commercial Passenger Vehicle Industry Act 2017 insert-- "214AA Definition In this Part-- permission holder includes an accredited driver under Part 4A of the Bus Safety Act 2009.". 31 Statute law revision amendments (1) In section 66(5) of the Commercial Passenger Vehicle Industry Act 2017, for "subsection (3)" substitute "subsection (4)". (2) In section 110A of the Commercial Passenger Vehicle Industry Act 2017-- (a) in the definition of Melbourne Metropolitan Zone, for "2017;" substitute "2017);"; (b) in the definition of Urban and Large Regional Zone, for "2017." substitute "2017).". (3) In Part 3 of Schedule 1 to the Commercial Passenger Vehicle Industry Act 2017-- (a) in item 33, for "33" substitute "33."; (b) in item 34, for "34" substitute "34."; (c) in item 35, for "35" substitute "35.". 57 Transport Legislation Amendment Act 2023 No. of 2023 Part 4--Amendment of Marine (Domestic Commercial Vessel National Law Application) Act 2013 Part 4--Amendment of Marine (Domestic Commercial Vessel National Law Application) Act 2013 32 Victorian regulations After section 21(1)(b) of the Marine (Domestic Commercial Vessel National Law Application) Act 2013 insert-- "(ba) prescribing matters that are designated or otherwise specified for the purposes of Part B of the National Standard for Commercial Vessels; and Note See section 3(2). The term National Standard for Commercial Vessels is defined under the Commonwealth domestic commercial vessel national law. See also section 164 of the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth.". 58 Transport Legislation Amendment Act 2023 No. of 2023 Part 5--Amendment of Road Management Act 2004 Part 5--Amendment of Road Management Act 2004 33 Definitions In section 3(1) of the Road Management Act 2004, the definition of Infrastructure Reference Panel is repealed. 34 Making of Codes of Practice (1) In section 28(3) of the Road Management Act 2004, for "with the relevant utility Ministers and with the Infrastructure Reference Panel" substitute-- "with-- (a) the relevant utility Ministers; and (b) any road authority, utility or provider of public transport that is likely to be materially affected, or, as the case requires, a body or bodies that represent the interests of any road authority, utility or provider of public transport that is likely to be materially affected, by the Code of Practice to be made". (2) In section 28(3A) of the Road Management Act 2004, for "with the Minister for Public Transport and with the Infrastructure Reference Panel" substitute-- "with-- (a) the Minister for Public Transport; and (b) any road authority, utility or provider of public transport that is likely to be materially affected, or, as the case requires, a body or bodies that represent the interests of any road authority, utility or provider of public transport that is likely to be materially 59 Transport Legislation Amendment Act 2023 No. of 2023 Part 5--Amendment of Road Management Act 2004 affected, by the Code of Practice to be made". (3) After section 28(4) of the Road Management Act 2004 insert-- "(5) A Code of Practice made under this section is not invalidated by reason only of a failure to comply with the requirements under subsections (3)(b) and (3A)(b).". 35 Sections 31 and 32 repealed Sections 31 and 32 of the Road Management Act 2004 are repealed. 36 Regulations For section 132(5) of the Road Management Act 2004 substitute-- "(5) Before regulations are made under this Act for the purposes of subsection (3), the Minister must ensure that there is consultation with-- (a) any road authority, utility or provider of public transport that is likely to be materially affected by the regulations to be made; or (b) as the case requires, a body or bodies that represent the interests of any road authority, utility or provider of public transport that is likely to be materially affected by the regulations to be made. (5A) Regulations made under this section are not invalidated by reason only of a failure to comply with the requirement under subsection (5).". 60 Transport Legislation Amendment Act 2023 No. of 2023 Part 6--Amendment of Road Safety Act 1986 Part 6--Amendment of Road Safety Act 1986 37 Definitions In section 3(1) of the Road Safety Act 1986 insert the following definitions-- "bicycle has the same meaning as in the Road Rules; electric scooter has the same meaning as in the Road Rules; municipal district has the same meaning as in the Local Government Act 2020; pedestrian has the same meaning as in the Road Rules;". 38 Definitions In section 16AA of the Road Safety Act 1986-- (a) insert the following definitions-- "advertising complaints body means-- (a) the Australian Association of National Advertisers ACN 003 179 673; or (b) another body prescribed for the purposes of this paragraph; panel means a panel, board, jury or body (by whatever name called) that-- (a) is appointed by the advertising complaints body or another body prescribed for the purposes of this paragraph; and (b) has the function of considering complaints about advertising, made by members of the public, to determine whether the advertising breaches the advertising code;"; 61 Transport Legislation Amendment Act 2023 No. of 2023 Part 6--Amendment of Road Safety Act 1986 (b) the definitions of Ad Standards and board are repealed. 39 Advertising breach notice (1) In section 16AB(1) of the Road Safety Act 1986-- (a) for "Ad Standards" substitute "The advertising complaints body"; (b) in paragraphs (a) and (b), for "board" substitute "panel". (2) In section 16AB(3) of the Road Safety Act 1986, for "Ad Standards" substitute "The advertising complaints body". 40 Registration cancellation notice In section 16AC(1)(a) and (b) of the Road Safety Act 1986, for "Ad Standards" substitute "the advertising complaints body". 41 Withdrawal of advertising breach notice In section 16AD(1)(b) and (2)(b)(i) of the Road Safety Act 1986, for "Ad Standards" substitute "the advertising complaints body". 42 Driver licences In section 19(7) of the Road Safety Act 1986, for "section 52(1B) or (1BB)" substitute "section 52(1B), (1BB), (1BBB) or (1BBC)". 43 Exemption from, or removal of, alcohol interlock condition on medical grounds Section 50AAAD(5) of the Road Safety Act 1986 is repealed. 62 Transport Legislation Amendment Act 2023 No. of 2023 Part 6--Amendment of Road Safety Act 1986 44 Zero blood or breath alcohol (1) In section 52(1) of the Road Safety Act 1986-- (a) for "authorises the holder" substitute "authorises the person"; (b) for paragraph (a) substitute-- "(a) who does not hold a full driver licence-- (i) only because the person failed to renew their full driver licence; and (ii) the person was driving or in charge of the motor vehicle during the first 6 months after failing to renew that licence; or"; (c) in paragraph (b)(i)(B), for "permit;" substitute "permit; and". (2) After section 52(1BBA) of the Road Safety Act 1986 insert-- "(1BBB) This section also applies to a person granted a driver licence or learner permit on which an alcohol interlock condition is imposed under section 31KA or 31KB, or by reason of an alcohol interlock condition direction under section 50AAA, for the period of 3 years from the day on which that condition is removed under section 50AAAB or 50AAAD. (1BBC) This section also applies to a person granted a driver licence or learner permit on which an alcohol interlock condition would have been imposed, if not for an exemption under section 50AAAD, for the period of 3 years from the day on which that exemption is granted.". 63 Transport Legislation Amendment Act 2023 No. of 2023 Part 6--Amendment of Road Safety Act 1986 45 General duty of driver or person in charge of motor vehicle (1) In section 59(1)(ab) of the Road Safety Act 1986, for "officer;" substitute "officer; and". (2) In section 59(3) of the Road Safety Act 1986, after "(1)(a)" insert ", (1)(ab)". (3) In section 59(3A)(d) of the Road Safety Act 1986, for "section 52(1B) or (1BB)" substitute "section 52(1B), (1BB), (1BBB) or (1BBC)". 46 Power to prevent driving by incapable persons (1) In section 62(1)(a) and (b) of the Road Safety Act 1986, after "the motor vehicle" insert "or any other vehicle". (2) In section 62(2) of the Road Safety Act 1986-- (a) after "keys" insert "of any motor vehicle or other vehicle"; (b) omit "it". 47 Unauthorised use of freeway (1) In section 68A(1A) of the Road Safety Act 1986, for "other pedal-powered vehicle" substitute "electric scooter". (2) In section 68A(6) of the Road Safety Act 1986, for "or other pedal-powered vehicle" substitute ", electric scooter". 48 Evidence of speed (1) In section 79(1) of the Road Safety Act 1986, for "motor vehicle or trailer" (wherever occurring) substitute "vehicle". 64 Transport Legislation Amendment Act 2023 No. of 2023 Part 6--Amendment of Road Safety Act 1986 (2) For section 79(2) of the Road Safety Act 1986 substitute-- "(2) For the purpose of any criminal proceedings in which the speed at which a vehicle travelled on any occasion is relevant, if a vehicle is being towed by another vehicle, the towed vehicle and the towing vehicle are to be taken to be travelling at the same speed.". 49 General evidentiary provisions In section 84(7)(ba) of the Road Safety Act 1986 omit "tested, sealed and". 50 Double jeopardy In section 84BAA of the Road Safety Act 1986-- (a) omit "motor" (wherever occurring); (b) omit "trailer or"; (c) for "attached to" substitute "by". 51 Use of effective statement to avoid liability (1) Section 84BE(1)(ab) of the Road Safety Act 1986 is repealed. (2) After section 84BE(1) of the Road Safety Act 1986 insert-- "(1AA) A person is not guilty of an offence by force of section 84BC if-- (a) the Director, Fines Victoria suspends enforcement action against the person under section 10V of the Fines Reform Act 2014 for a period that is longer than the period prescribed for the purposes of subsection (1)(a) for giving a known user statement; and 65 Transport Legislation Amendment Act 2023 No. of 2023 Part 6--Amendment of Road Safety Act 1986 (b) the person, or an authorised tolling person, gives to an enforcement official a known user statement during that longer period; and (c) the statement is an effective statement for the purposes of this Part.". 52 Offence to provide false or misleading information In section 84BI(1) of the Road Safety Act 1986, for "section 84BE(1) or 84BF(1)(a)" substitute "section 84BE(1) or (1AA) or section 84BF(1)(a)". 53 Immediate licence or permit suspension where certain traffic infringement notices issued In section 85G(2) of the Road Safety Act 1986, in the definition of relevant traffic infringement notice, for "the" (where secondly occurring) substitute "a". 54 Immediate disqualification where certain traffic infringement notices issued In section 85ZF(3) of the Road Safety Act 1986, in the definition of relevant traffic infringement notice, for "the" (where secondly occurring) substitute "a". 55 New Part 7C inserted After Part 7B of the Road Safety Act 1986 insert-- "Part 7C--Vehicle sharing schemes 90S Definitions In this Part-- authorising agreement means an agreement under section 90T; 66 Transport Legislation Amendment Act 2023 No. of 2023 Part 6--Amendment of Road Safety Act 1986 relevant vehicle means-- (a) an electric scooter; or (b) a bicycle; or (c) a vehicle (other than a motor vehicle) that is prescribed for the purposes of this paragraph; vehicle sharing scheme means a scheme under which relevant vehicles or classes of relevant vehicle are-- (a) made available for hire; and (b) hired, from wherever they are located, through a wholly or partly automated electronic system; and Example Vehicles hired though a mobile phone application. (c) not required to be returned, after the period of hire ends, to private premises. Example Vehicles not required to be returned to commercial premises. 90T Agreement to operate a vehicle sharing scheme (1) A person may enter into an agreement with a municipal council under which the person may operate a vehicle sharing scheme within the municipal district of that council. (2) An agreement under this section must make provision for or with respect to-- (a) the relevant vehicles, or classes of relevant vehicle, that are to be made available for hire under the scheme; and 67 Transport Legislation Amendment Act 2023 No. of 2023 Part 6--Amendment of Road Safety Act 1986 (b) the prescribed matters (if any). Examples Prescribed matters may include the period of the scheme, how the agreement may be terminated, minimum service standards and insurance requirements. 90U Requirement for authorising agreement A person must not make a relevant vehicle available for hire under a vehicle sharing scheme unless the person is a party to an authorising agreement with the municipal council that governs the municipal district in which the relevant vehicle is located. Penalty: In the case of a natural person, 60 penalty units; In the case of a body corporate, 300 penalty units.". 56 New section 99C inserted After section 99B of the Road Safety Act 1986 insert-- "99C Minister may designate road safety research trial (1) The Minister, by notice published in the Government Gazette, may-- (a) designate a road safety research trial for one or more of the following purposes-- (i) determining to what degree it is safe for someone to drive or be in charge of a vehicle after consuming or using a drug, a combination of drugs, or a drug or combination of drugs and alcohol; (ii) determining to what degree it is safe for someone to drive or be in charge of a vehicle while affected by fatigue; 68 Transport Legislation Amendment Act 2023 No. of 2023 Part 6--Amendment of Road Safety Act 1986 (iii) informing the development of methods to be used by police officers in assessing to what degree a person driving or in charge of a vehicle is impaired by a drug, a combination of drugs, a drug or combination of drugs and alcohol, or fatigue; and (b) declare that this Act and any regulations or rules made under this Act-- (i) do not apply to trial participants; or (ii) apply to trial participants in a varied form. (2) A notice published under subsection (1) may-- (a) differ according to time, place or circumstances; and (b) impose requirements or conditions on how a trial is conducted. (3) Before publishing a notice under subsection (1), the Minister must consult with any Minister whose area of responsibility may be affected.". 57 New sections 103ZO and 103ZP inserted Before section 104 of the Road Safety Act 1986 insert-- "103ZO Transitional provision--Transport Legislation Amendment Act 2023-- exemption from, or removal of, alcohol interlock condition (1) Section 50AAAD, as in force immediately before the commencement day, continues to apply to a person who is convicted or found guilty of one or more offences found to have been committed before that day if, on or after that day, the Secretary-- 69 Transport Legislation Amendment Act 2023 No. of 2023 Part 6--Amendment of Road Safety Act 1986 (a) grants the person an exemption under section 50AAAD in relation to a requirement to impose an alcohol interlock condition only on the basis of those offences; or (b) removes an alcohol interlock condition under section 50AAAD that was imposed on the person's driver licence or learner permit only on the basis of those offences. (2) In this section-- commencement day means the day on which section 43 of the Transport Legislation Amendment Act 2023 comes into operation. 103ZP Transitional provision--Transport Legislation Amendment Act 2023--zero blood or breath alcohol (1) Without limiting section 52(1BBB), that subsection applies to a person granted a driver licence or learner permit on which an alcohol interlock condition is imposed under section 31KA or 31KB, or by reason of an alcohol interlock condition direction under section 50AAA, if-- (a) that condition is imposed on the basis of at least two offences for which the person is convicted or found guilty; and (b) the latest of those offences was found to have been committed on or after the commencement day. 70 Transport Legislation Amendment Act 2023 No. of 2023 Part 6--Amendment of Road Safety Act 1986 (2) Without limiting section 52(1BBC), that subsection applies to a person granted a driver licence or learner permit on which an alcohol interlock condition would have been imposed, if not for an exemption under section 50AAAD, if-- (a) the exemption is granted in relation to a requirement to impose an alcohol interlock condition on the basis of at least two offences for which the person is convicted or found guilty; and (b) the latest of those offences was found to have been committed on or after the commencement day. (3) In this section-- commencement day means the day on which section 44(2) of the Transport Legislation Amendment Act 2023 comes into operation.". 58 Statute law revision amendments (1) In section 15A(6) of the Road Safety Act 1986-- (a) for "grounds:" substitute "grounds--"; (b) for "That" (where twice occurring) substitute "that". (2) In section 50AAD(4) of the Road Safety Act 1986, for "(1A)(b)." substitute "(1A)(b)". 71 Transport Legislation Amendment Act 2023 No. of 2023 Part 7--Amendment of Transport Accident Act 1986 Part 7--Amendment of Transport Accident Act 1986 59 Circumstances in which certain compensation is not payable or is reduced In section 40(1)(b) of the Transport Accident Act 1986, for "payable" substitute "applicable". 60 Unregistered motor vehicle accidents on private land excluded In section 41A(2) of the Transport Accident Act 1986, in the definition of unregistered motor vehicle, for "a transport accident charge" substitute "an applicable transport accident charge". 61 Uninsured motor vehicle accidents on private land In section 41B(2) of the Transport Accident Act 1986, in the definition of uninsured motor vehicle, before "transport accident charge" insert "applicable". 62 Transport accident charge In section 109(3) of the Transport Accident Act 1986, after "transport accident charge" insert "applicable to the motor vehicle". 72 Transport Legislation Amendment Act 2023 No. of 2023 Part 8--Amendment of Transport (Compliance and Miscellaneous) Act 1983 Part 8--Amendment of Transport (Compliance and Miscellaneous) Act 1983 Division 1--Information use and disclosure amendments 63 Section 221 substituted For section 221 of the Transport (Compliance and Miscellaneous) Act 1983 substitute-- "221 Unauthorised use or disclosure of public transport movement information (1) A relevant entity must not use public transport movement information except in accordance with this section. Penalty: 50 penalty units. (2) A relevant entity must not disclose public transport movement information to any entity except in accordance with this section. Penalty: 50 penalty units. (3) A relevant entity may use public transport movement information-- (a) in connection with the administration of this Act or regulations made under this Act; or (b) for the purposes of a legal proceeding, or a report of a legal proceeding, arising from the operation of this Act or regulations made under this Act; or (c) for a prescribed purpose; or (d) in accordance with a written direction of the Minister. 73 Transport Legislation Amendment Act 2023 No. of 2023 Part 8--Amendment of Transport (Compliance and Miscellaneous) Act 1983 (4) A relevant entity may disclose public transport movement information-- (a) in connection with the administration of this Act or regulations made under this Act; or (b) for the purposes of a legal proceeding, or a report of a legal proceeding, arising from the operation of this Act or regulations made under this Act; or (c) in accordance with a written direction of the Minister; or (d) to a person who-- (i) is certified in writing by the Secretary or the Head, Transport for Victoria to be a public transport industry ombudsman; and (ii) has an appropriate privacy protection policy in operation for the type of public transport movement information that the relevant entity proposes to disclose; and (iii) states in writing that the information is needed to investigate or otherwise deal with a complaint made to the person regarding public transport; or (e) to the Secretary, if the relevant entity is-- (i) a passenger transport company; or (ii) a bus company; or 74 Transport Legislation Amendment Act 2023 No. of 2023 Part 8--Amendment of Transport (Compliance and Miscellaneous) Act 1983 (iii) a person who is employed by, or engaged to provide services for, a passenger transport company or a bus company and who is authorised by the company to disclose that information to the Secretary; or (iv) the Head, Transport for Victoria; or (v) an authorised officer; or (f) to the Head, Transport for Victoria, if the relevant entity is-- (i) a passenger transport company; or (ii) a bus company; or (iii) a person who is employed by, or engaged to provide services for, a passenger transport company or a bus company and who is authorised by the company to disclose that information to the Head, Transport for Victoria; or (iv) the Secretary; or (v) an authorised officer. (5) A prescribed relevant entity may disclose prescribed public transport movement information to a prescribed entity for a prescribed purpose. (6) The Minister must publish a direction under subsection (3)(d) or (4)(c) in the Government Gazette as soon as practicable, unless-- (a) the direction contains personal information or health information; or (b) publication is inappropriate for any other reason. 75 Transport Legislation Amendment Act 2023 No. of 2023 Part 8--Amendment of Transport (Compliance and Miscellaneous) Act 1983 (7) A written direction under subsection (3)(d) or (4)(c) expires on-- (a) the first anniversary of the day on which it is made; or (b) any earlier day as specified in the direction. (8) In this section-- health information has the same meaning as in the Health Records Act 2001; personal information has the same meaning as in the Privacy and Data Protection Act 2014; public transport movement information means information or data relating to the movement of an individual into, out of or within a carriage or ticketed area; relevant entity means -- (a) a passenger transport company; or (b) a bus company; or (c) a person who is employed by, or engaged to provide services for, a passenger transport company or a bus company; or (d) the Secretary; or (e) the Head, Transport for Victoria; or (f) an authorised officer; 76 Transport Legislation Amendment Act 2023 No. of 2023 Part 8--Amendment of Transport (Compliance and Miscellaneous) Act 1983 ticketed area means any premises or land-- (a) that is the property of or occupied by the Secretary, the Head, Transport for Victoria, a passenger transport company or a bus company; and (b) for which a ticket is required to enter.". 64 New Division 16 of Part VIII inserted After Division 15 of Part VIII of the Transport (Compliance and Miscellaneous) Act 1983 insert-- "Division 16--Savings and transitional arrangements--Transport Legislation Amendment Act 2023 365 Directions of the Minister under section 221 A direction under section 221(7)(a) that is in effect immediately before the commencement of section 63 of the Transport Legislation Amendment Act 2023 continues in effect, on and after that commencement, until the day on which regulations for the purposes of section 221, as substituted by section 63 of the Transport Legislation Amendment Act 2023, come into operation.". 77 Transport Legislation Amendment Act 2023 No. of 2023 Part 8--Amendment of Transport (Compliance and Miscellaneous) Act 1983 Division 2--Fees and charges for overdimensional vehicles crossing tracks 65 Specification of vehicle limits and fees for overdimensional vehicles crossing tracks After section 221ZA(2) of the Transport (Compliance and Miscellaneous) Act 1983 insert-- "(2A) For the purposes of subsection (1)(a) and subject to subsection (2), a notice may differ according to differences in time, place or circumstance.". Division 3--Bus driver accreditation related amendments 66 Heading to Part VI substituted For the heading to Part VI of the Transport (Compliance and Miscellaneous) Act 1983 substitute-- "Part VI--Events affecting public transport". 67 Section 86 repealed Section 86 of the Transport (Compliance and Miscellaneous) Act 1983 is repealed. 68 Sections 88 and 90(2) repealed Sections 88 and 90(2) of the Transport (Compliance and Miscellaneous) Act 1983 are repealed. 69 Division 6 of Part VI repealed Division 6 of Part VI of the Transport (Compliance and Miscellaneous) Act 1983 is repealed. 78 Transport Legislation Amendment Act 2023 No. of 2023 Part 8--Amendment of Transport (Compliance and Miscellaneous) Act 1983 Division 4--Other amendments 70 Definitions In section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983, in the definition of Department, after "Transport" insert "and Planning". 79 Transport Legislation Amendment Act 2023 No. of 2023 Part 9--Amendment of Transport Integration Act 2010 Part 9--Amendment of Transport Integration Act 2010 Division 1--Safe Transport Victoria amendments 71 Definitions (1) In section 3 of the Transport Integration Act 2010, the definitions of Commercial Passenger Vehicle Commission and Director, Transport Safety are repealed. (2) In section 3 of the Transport Integration Act 2010, in the definition of sector transport agency-- (a) paragraph (a) is repealed; (b) for paragraph (c) substitute-- "(c) Safe Transport Victoria; or". (3) In section 3 of the Transport Integration Act 2010, in the definition of transport body-- (a) for paragraph (h) substitute-- "(h) Safe Transport Victoria;"; (b) paragraph (ra) is repealed. (4) In section 3 of the Transport Integration Act 2010 insert the following definitions-- "commercial passenger vehicle safety matter means-- (a) an incident involving a commercial passenger vehicle or any infrastructure used in commercial passenger vehicle operations that resulted in, or that had the potential to result in, the death of, or injury to, any person, or in damage to any property or equipment, and includes, for example-- 80 Transport Legislation Amendment Act 2023 No. of 2023 Part 9--Amendment of Transport Integration Act 2010 (i) any collision involving a commercial passenger vehicle; (ii) any incident resulting from the operation of a commercial passenger vehicle; (iii) any failure of any commercial passenger vehicle or part of a commercial passenger vehicle or of any equipment on a commercial passenger vehicle or of anything used in commercial passenger vehicle operations; (iv) any failure or breach of any practice or procedure involving a commercial passenger vehicle; (v) any fire, explosion or other similar occurrence involving a commercial passenger vehicle; (vi) any incident in which there is evidence of systematic safety deficiencies; (b) any other incident or any state of affairs involving, or in relation to commercial passenger vehicles or any infrastructure used in commercial passenger vehicle operations that is specified by the regulations for the purposes of this definition; Safe Transport Victoria means the body corporate continued under section 115B;". 81 Transport Legislation Amendment Act 2023 No. of 2023 Part 9--Amendment of Transport Integration Act 2010 72 Strategy and implementation plan For section 27A(1)(c) of the Transport Integration Act 2010 substitute-- "(c) Safe Transport Victoria;". 73 Guidelines In section 31A(1) of the Transport Integration Act 2010, for "the Safety Director" (where twice occurring) substitute "Safe Transport Victoria". 74 Directions from the Secretary In section 38A(5) of the Transport Integration Act 2010, for "section 64T, 115MA" substitute "section 64T, 115Q". 75 Part 5 substituted For Part 5 of the Transport Integration Act 2010 substitute-- "Part 5--Safe Transport Victoria 115A Definitions In this Part-- commercial passenger vehicle safety has the same meaning as it has in section 3 of the Commercial Passenger Vehicle Industry Act 2017; TRO No. 1/2022 means the Transport Restructuring Order known as the Transport Restructuring Order (Establishment of Safe Transport Victoria) No. 1/2022 dated 21 June 2022 and published in the Government Gazette on 24 June 2022. 82 Transport Legislation Amendment Act 2023 No. of 2023 Part 9--Amendment of Transport Integration Act 2010 115B Safe Transport Victoria (1) Safe Transport Victoria constituted by TRO No. 1/2022 (as in force immediately before the commencement of this section) is continued under this Act. (2) Safe Transport Victoria consists of one member appointed in accordance with section 115H as Chief Executive of Safe Transport Victoria. 115C Official seal (1) The official seal of Safe Transport Victoria must-- (a) be kept in such custody as Safe Transport Victoria directs; and (b) not be used except as authorised by Safe Transport Victoria. (2) All courts must take judicial notice of the official seal of Safe Transport Victoria affixed to any document. 115D Safe Transport Victoria represents the Crown In performing its functions and exercising its powers, Safe Transport Victoria represents the Crown. 115E Objects of Safe Transport Victoria The objects of Safe Transport Victoria are-- (a) to seek the highest bus safety, commercial passenger vehicle safety and marine safety standards that are reasonably practicable, consistent with the vision statement and the transport system objects; and 83 Transport Legislation Amendment Act 2023 No. of 2023 Part 9--Amendment of Transport Integration Act 2010 (b) to regulate the commercial passenger vehicle industry in a manner that promotes the provision of commercial passenger vehicle services that are customer responsive, competitive, efficient and accessible. 115F Functions of Safe Transport Victoria (1) Safe Transport Victoria has the following functions-- (a) to investigate and report on matters relating to bus safety, commercial passenger vehicle safety and marine safety in Victoria; (b) to develop and implement operational policies and performance measures relating to bus safety regulation, commercial passenger vehicle safety regulation, marine safety regulation and the commercial passenger vehicle industry; (c) to provide guidance and information on bus safety matters, commercial passenger vehicle safety matters and marine safety matters; (d) to promote awareness in the bus, commercial passenger vehicle and marine industries and among the public about safety initiatives in those industries; (e) to promote education and training relevant to the functions of Safe Transport Victoria, including conducting any education or training activity and approving persons to provide education and training; 84 Transport Legislation Amendment Act 2023 No. of 2023 Part 9--Amendment of Transport Integration Act 2010 (f) to advise and make recommendations, in conjunction with the Secretary, to the Minister in respect of matters relating to bus safety, commercial passenger vehicle safety and marine safety in Victoria and related matters; (g) to advise the Secretary in order to assist the Secretary in developing strategic policy and legislation in relation to bus safety regulation, commercial passenger vehicle safety regulation, marine safety regulation and the commercial passenger vehicle industry; (h) to promote and monitor compliance with the Commercial Passenger Vehicle Industry Act 2017, the Marine Safety Act 2010 and the Bus Safety Act 2009 and any subordinate instrument made under those Acts; (i) to monitor, investigate and prosecute breaches of the Commercial Passenger Vehicle Industry Act 2017, the Marine Safety Act 2010 and the Bus Safety Act 2009 and any subordinate instrument made under those Acts; (j) to prepare and publish codes of practices and guidelines under-- (i) a transport safety law; or (ii) the Commercial Passenger Vehicle Industry Act 2017 or any subordinate instrument made under that Act; 85 Transport Legislation Amendment Act 2023 No. of 2023 Part 9--Amendment of Transport Integration Act 2010 (k) to make recommendations to the Minister with respect to-- (i) the operation, administration and enforcement of-- (A) the Transport (Safety Schemes Compliance and Enforcement) Act 2014 and regulations made under that Act; and (B) the Marine Safety Act 2010 and regulations made under that Act; and (ii) the enforcement of the Marine Safety (Domestic Commercial Vessel) National Law; and (iii) codes of practice that the Minister proposes to approve under Part 8.2 of the Marine Safety Act 2010, Part 2 of the Commercial Passenger Vehicle Industry Act 2017 or Part 7 of the Bus Safety Act 2009; (l) to collect information and data about bus safety matters, commercial passenger vehicle safety matters, marine safety matters and the commercial passenger vehicle industry and to conduct, commission and sponsor research into those and related matters; (m) to provide preliminary assistance in resolving disputes concerning a condition of a driver agreement (within the meaning of the Commercial Passenger Vehicle Industry Act 2017) or a proposed such agreement; 86 Transport Legislation Amendment Act 2023 No. of 2023 Part 9--Amendment of Transport Integration Act 2010 (n) to receive complaints relating to the operation and performance of the commercial passenger vehicle industry and deal with them in accordance with any relevant legislation, policies and procedures; (o) to conduct inquiries into any matter relating to the commercial passenger vehicle industry, either on its own motion or at the direction of the Secretary or the Minister; (p) to report to the Secretary and the Minister on any matter into which it has conducted an inquiry; (q) to administer grants made, or subsidy schemes established, in relation to the commercial passenger vehicle industry; (r) to perform any other functions or duties conferred or imposed on Safe Transport Victoria by or under this Act or any other Act. (2) The function conferred on Safe Transport Victoria by subsection (1)(g) does not include a function to develop strategic policy and legislation in relation to bus safety regulation, commercial passenger vehicle safety regulation, marine safety regulation and the commercial passenger vehicle industry. (3) In performing the functions conferred on it that relate to the commercial passenger vehicle industry, Safe Transport Victoria must, where relevant, engage and collaborate with stakeholders so as to ensure better outcomes for all Victorians. 87 Transport Legislation Amendment Act 2023 No. of 2023 Part 9--Amendment of Transport Integration Act 2010 115G Powers of Safe Transport Victoria (1) Safe Transport Victoria has power to do all things that are necessary or convenient to be done for or in connection with, or as incidental to, the achievement of its object and the performance of its functions. (2) Without limiting the generality of subsection (1), Safe Transport Victoria may-- (a) enter into any agreement or contract; (b) enter into any lease or licence; (c) participate in the formation of a corporation, trust, partnership or other body; Note Section 84(1) of the Public Administration Act 2004 requires a public entity to notify the Minister responsible for the public entity and the Treasurer of the intention to form, or participate in the formation of, a body corporate. (d) subscribe for or otherwise acquire, and hold and dispose of, shares in, or debentures or other securities of, a corporation; (e) become a member of a company limited by guarantee; (f) subscribe for or otherwise acquire, and hold and dispose of, units in a trust; (g) acquire, and hold and dispose of, an interest in a partnership or other body; (h) enter into partnership or into any arrangement for sharing of profits, union of interest, co-operation, joint venture, reciprocal concession or otherwise, with any person or body 88 Transport Legislation Amendment Act 2023 No. of 2023 Part 9--Amendment of Transport Integration Act 2010 carrying on or engaged in, or about to carry on or engage in, any business or transaction relating to, or connected with, any function of Safe Transport Victoria; (i) make any land or other property vested in or managed by Safe Transport Victoria or any person employed by Safe Transport Victoria available for use or engagement by any other person; (j) acquire (whether by creation, lease, licence, receiving the assignment or grant of, or otherwise), hold, accept as a security, or otherwise deal with, any intellectual property right (for example, a trademark, patent, design, copyright (including an associated moral right), plant breeder's right, circuit layout right, trade secret, or right arising from confidential information); (k) assign, grant, lease, license, sell, mortgage, use as a security, or otherwise encumber or dispose of, any intellectual property right; (l) seek any remedy in relation to, or do anything necessary to enforce, protect, maintain, register or exploit, any intellectual property right; (m) seek any remedy in relation to, or do anything necessary to enforce, protect, maintain or exploit any Crown copyright; (n) engage consultants, contractors or agents; (o) act as an agent of another person. 89 Transport Legislation Amendment Act 2023 No. of 2023 Part 9--Amendment of Transport Integration Act 2010 (3) Without limiting the generality of subsection (1), Safe Transport Victoria may exercise the powers conferred on it by or under this Act or any other Act. (4) The generality of this section is not limited by any other provision of this Act or any other Act which confers a power on Safe Transport Victoria. 115H Chief Executive (1) The Governor in Council may appoint a person as Chief Executive of Safe Transport Victoria on the recommendation of the Minister. (2) The Chief Executive of Safe Transport Victoria-- (a) must be appointed on a full-time basis for a period of not more than 5 years; and (b) may be re-appointed; and (c) holds office on the terms and conditions specified in the instrument of appointment; and (d) is entitled to be paid any remuneration and travelling or other allowances fixed from time to time by the Governor in Council. (3) The Public Administration Act 2004 (other than Part 3 of that Act) applies to the Chief Executive of Safe Transport Victoria. 115I Acting Chief Executive (1) If the Chief Executive of Safe Transport Victoria is unable, whether because of illness, suspension, absence or otherwise, to perform the duties of Chief Executive, the 90 Transport Legislation Amendment Act 2023 No. of 2023 Part 9--Amendment of Transport Integration Act 2010 Minister may appoint another person to act in the place of the Chief Executive during the period of the inability. (2) A person appointed under subsection (1) to act in the place of the Chief Executive of Safe Transport Victoria while so acting-- (a) has, and may exercise, all the powers, and must perform all the duties, of the Chief Executive; and (b) is to be paid any remuneration and travelling or other allowances for the time being payable to the Chief Executive. 115J Ceases to hold office The Chief Executive of Safe Transport Victoria ceases to hold office if the Chief Executive-- (a) becomes an insolvent under administration; or (b) is found guilty in Victoria of an indictable offence or elsewhere of an offence that, if committed in Victoria, would be an indictable offence; or (c) nominates for election as a member of the Parliament of any jurisdiction; or (d) resigns by notice in writing signed and delivered to the Minister. 115K Suspension of Chief Executive (1) The Minister may immediately suspend the Chief Executive of Safe Transport Victoria if the Minister is of the opinion that the Chief Executive-- (a) is incapable of performing their functions or duties; or 91 Transport Legislation Amendment Act 2023 No. of 2023 Part 9--Amendment of Transport Integration Act 2010 (b) has refused or neglected to perform their functions or duties; or (c) has engaged in misconduct; or (d) is otherwise unfit to continue to be the Chief Executive. (2) A suspension under subsection (1) is for a period not exceeding 3 months. (3) If the Chief Executive of Safe Transport Victoria is suspended under this section, the Chief Executive remains entitled to their remuneration and allowances during the period of suspension. 115L Removal from office (1) The Governor in Council may remove the Chief Executive of Safe Transport Victoria from office on the recommendation of the Minister. (2) The Minister may make the recommendation if the Minister is of the opinion that the Chief Executive of Safe Transport Victoria-- (a) is incapable of performing their functions or duties; or (b) has refused or neglected to perform their functions or duties; or (c) has engaged in misconduct; or (d) is otherwise unfit to continue to be the Chief Executive. (3) Before making such a recommendation in relation to the Chief Executive of Safe Transport Victoria, the Minister must-- (a) give the Chief Executive written notice that the Minister is considering making the recommendation, together with 92 Transport Legislation Amendment Act 2023 No. of 2023 Part 9--Amendment of Transport Integration Act 2010 details of the reasons why the recommendation is being considered; and (b) consider any submissions made to the Minister by, or on behalf of, the Chief Executive in response to the notice. 115M Validity of acts and decisions An act or decision of the Chief Executive or acting Chief Executive of Safe Transport Victoria is not invalid merely because of-- (a) a defect or irregularity in, or in connection with, the appointment of the Chief Executive or acting Chief Executive; or (b) in the case of an acting Chief Executive, on the grounds that the occasion for acting had not arisen or had ceased. 115N Extra-territoriality Safe Transport Victoria may also perform its functions and exercise its powers outside Victoria. 115O Staff of Safe Transport Victoria Any employees that are necessary to enable Safe Transport Victoria to perform its functions may be employed under Part 3 of the Public Administration Act 2004. 115P Personal liability (1) The Chief Executive or an employee of Safe Transport Victoria is not personally liable for anything done or omitted to be done in good faith-- 93 Transport Legislation Amendment Act 2023 No. of 2023 Part 9--Amendment of Transport Integration Act 2010 (a) in the exercise of a power or the performance of a function by or under, or in connection with, this Act or any other Act; or (b) in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function by or under, or in connection with, this Act or any other Act. (2) Any liability resulting from an act or omission that would but for subsection (1) attach to a person referred to in that subsection attaches instead to Safe Transport Victoria. 115Q Directions (1) Subject to section 115R, Safe Transport Victoria must exercise its powers and discharge its duties subject to-- (a) the general direction and control of the Minister; and (b) any specific directions given by the Minister. (2) Any specific directions given under subsection (1)(b) may be published in the Government Gazette. 115R Ministerial direction to investigate safety matter (1) The Minister may direct Safe Transport Victoria to investigate a bus safety matter, commercial passenger vehicle safety matter or marine safety matter. 94 Transport Legislation Amendment Act 2023 No. of 2023 Part 9--Amendment of Transport Integration Act 2010 (2) The Minister must not give a direction under this section-- (a) that directs Safe Transport Victoria as to how to conduct an investigation; or (b) that directs Safe Transport Victoria as to which persons Safe Transport Victoria may request or direct to assist Safe Transport Victoria in an investigation; or (c) about the outcome of an investigation; or (d) that directs Safe Transport Victoria to stop an investigation. (3) A direction under this section-- (a) must be published in the Government Gazette; and (b) takes effect on it being published in the Government Gazette. (4) The Minister must cause to be laid before each House of Parliament a copy of a direction under this section on or before the third sitting day of the House after the direction is published in the Government Gazette. (5) Safe Transport Victoria must comply with a direction given under this section. 115S Safe Transport Victoria to conduct cost-benefit analysis of and consult about mandatory transport safety decisions (1) This section applies to a mandatory transport safety decision that may result in significant costs or expenses being incurred by a person whose interests are affected by the decision. 95 Transport Legislation Amendment Act 2023 No. of 2023 Part 9--Amendment of Transport Integration Act 2010 (2) Safe Transport Victoria must-- (a) conduct or cause to be conducted a cost-benefit analysis of a mandatory transport safety decision; and (b) consult with-- (i) the Premier, the Treasurer and any other Minister whose area of responsibility may be affected by a mandatory transport safety decision; and (ii) the person whose interests are affected by a mandatory transport safety decision. (3) The cost-benefit analysis and consultation must be conducted-- (a) in accordance with guidelines prepared under section 115T; and (b) before a mandatory transport safety decision is made, unless Safe Transport Victoria considers that the mandatory transport safety decision must be made immediately to protect public safety. (4) If a mandatory transport safety decision is made immediately to protect public safety, the cost-benefit analysis and consultation must be conducted as soon as practicable after the decision is made. 115T Guidelines (1) The Minister may prepare guidelines for the purposes of cost-benefit analysis and consultation conducted under section 115S. (2) Before preparing guidelines under this section, the Minister must consult with the Premier and the Treasurer. 96 Transport Legislation Amendment Act 2023 No. of 2023 Part 9--Amendment of Transport Integration Act 2010 (3) Guidelines prepared under this section-- (a) may include guidelines about the methodology to be applied in an analysis conducted under section 115S; and (b) may require Safe Transport Victoria to obtain an independent assessment about the methodology to be applied in a cost-benefit analysis conducted under section 115S; and (c) must include guidelines about the procedure for consultation under section 115S. 115U Information disclosure by Safe Transport Victoria (1) If Safe Transport Victoria considers it necessary for the safe operation of bus or marine transport, Safe Transport Victoria may disclose information obtained or collected by Safe Transport Victoria in the performance or exercise of its functions or powers under this or any other Act to any person. (2) If Safe Transport Victoria considers it necessary for the safe operation of bus or marine transport, Safe Transport Victoria may publish any information, including a report arising out of-- (a) an investigation by Safe Transport Victoria of a bus safety matter or marine safety matter; or 97 Transport Legislation Amendment Act 2023 No. of 2023 Part 9--Amendment of Transport Integration Act 2010 (b) an investigation by Safe Transport Victoria under the Marine Safety (Domestic Commercial Vessel) National Law as a delegate of the National Regulator; or (c) an inquiry under section 264 of the Marine Safety Act 2010. (3) A publication under subsection (2) must not identify a person by name. 115V Delegation (1) Safe Transport Victoria by instrument may delegate to any person any power, duty or function of Safe Transport Victoria conferred or imposed by or under any Act including, subject to subsection (3), this power of delegation. (2) A delegation under this section may be made-- (a) in relation to a person or class of persons specified in the instrument of delegation; or (b) in relation to the holder, or the holder from time to time, of an office specified, or of each office in a class of offices specified, in the instrument of delegation. (3) A person to whom a power, duty or function has been delegated under subsection (1) may, subject to and in accordance with the instrument of delegation under that subsection, by instrument delegate to another person that power, duty or function. 98 Transport Legislation Amendment Act 2023 No. of 2023 Part 9--Amendment of Transport Integration Act 2010 (4) Sections 42 and 42A of the Interpretation of Legislation Act 1984 apply to a sub-delegation under subsection (3) as if it were a delegation. 115W Delegation of functions by National Regulator (1) Subject to subsection (2), Safe Transport Victoria by instrument may authorise any of the following persons to act as a delegate under section 58 of the Australian Maritime Safety Authority Act 1990 of the Commonwealth for the purposes of the Marine Safety (Domestic Commercial Vessel) National Law-- (a) a transport safety officer; (b) a person employed under Part 3 of the Public Administration Act 2004 to enable Safe Transport Victoria to carry out its functions; (c) a consultant, contractor or agent engaged by Safe Transport Victoria. (2) An authorisation under subsection (1) may be made-- (a) in relation to a person or class of persons specified in the instrument; or (b) in relation to the holder, or the holder from time to time, of an office specified, or of each office in a class of offices specified, in the instrument.". 76 Division 1 of Part 7 repealed Division 1 of Part 7 of the Transport Integration Act 2010 is repealed. 99 Transport Legislation Amendment Act 2023 No. of 2023 Part 9--Amendment of Transport Integration Act 2010 77 Memoranda of understanding In section 196(1) of the Transport Integration Act 2010, for "another transport safety appointee" substitute "Safe Transport Victoria". 78 Heading to Part 7A amended In the heading to Part 7A of the Transport Integration Act 2010, for "Director, Transport Safety and road authority" substitute "regulators". 79 Definitions In section 197A of the Transport Integration Act 2010, in the definition of regulator, for paragraph (e) substitute-- "(e) Safe Transport Victoria;". 80 New Part 14 inserted After Part 13 of the Transport Integration Act 2010 insert-- "Part 14--Transport Legislation Amendment Act 2023 334 Definitions In this Part-- commencement day means the day on which Division 1 of Part 9 of the Transport Legislation Amendment Act 2023 comes into operation; Commercial Passenger Vehicle Commission means the body corporate established under section 115B as in force immediately before the commencement day; 100 Transport Legislation Amendment Act 2023 No. of 2023 Part 9--Amendment of Transport Integration Act 2010 Director, Transport Safety means the person holding the position referred to in section 171(1) immediately before the commencement day; TRO No. 1/2022 means the Transport Restructuring Order known as the Transport Restructuring Order (Establishment of Safe Transport Victoria) No. 1/2022 dated 21 June 2022 and published in the Government Gazette on 24 June 2022. 335 Commercial Passenger Vehicle Commission abolished On the commencement day-- (a) the Commercial Passenger Vehicle Commission is abolished; and (b) the person appointed as chief executive of the Commercial Passenger Vehicle Commission goes out of office. Notes 1 Under TRO No. 1/2022, the Commercial Passenger Vehicle Commission was restructured so that the Commission consists of one member appointed as chief executive of the Commission. 2 For transitional provisions in relation to the Commercial Passenger Vehicle Commission, see TRO No. 1/2022. 3 For the transfer of the property, rights and liabilities of the Commercial Passenger Vehicle Commission to Safe Transport Victoria, see the Transfer Order known as the Transfer Order (Commercial Passenger Vehicle Commission) (Establishment of Safe Transport Victoria) No. 1/2022 dated 21 June 2022 and published in the Government Gazette on 24 June 2022. 101 Transport Legislation Amendment Act 2023 No. of 2023 Part 9--Amendment of Transport Integration Act 2010 336 Office of Director, Transport Safety abolished On the commencement day-- (a) the office of the Director, Transport Safety is abolished; and (b) the person appointed as Director, Transport Safety goes out of office. Notes 1 Under TRO No. 1/2022, the provisions in relation to the Director, Transport Safety were modified so that the Minister may appoint a person as the Director, Transport Safety. 2 For transitional provisions in relation to the Director, Transport Safety, see TRO No. 1/2022. 3 For the transfer of the property, rights and liabilities of the Director, Transport Safety to Safe Transport Victoria, see the Transfer Order known as the Transfer Order (Director, Transport Safety) (Establishment of Safe Transport Victoria) No. 2/2022 dated 21 June 2022 and published in the Government Gazette on 24 June 2022. 337 Chief Executive of Safe Transport Victoria The person who, immediately before the commencement day, is the Chief Executive of Safe Transport Victoria under TRO No. 1/2022 continues, subject to this Act, to be the Chief Executive of Safe Transport Victoria on and after that day. 338 Chief executive officer of V/Line Corporation (1) The person who, immediately before the commencement day, is the chief executive officer of V/Line Corporation under TRO No. 2/2021 continues, subject to this Act, to 102 Transport Legislation Amendment Act 2023 No. of 2023 Part 9--Amendment of Transport Integration Act 2010 be the chief executive officer of V/Line Corporation. (2) In this section-- TRO No. 2/2021 means the Transport Restructuring Order known as the Transport Restructuring Order (V/Line Corporation) No. 2/2021 dated 29 June 2021 and published in the Government Gazette on 29 June 2021.". Division 2--V/Line Corporation amendments 81 V/Line Corporation At the end of section 128 of the Transport Integration Act 2010 insert-- "(2) V/Line Corporation consists of one member appointed in accordance with section 151A as the chief executive officer of V/Line Corporation. (3) The chief executive officer of V/Line Corporation is responsible for the management of the functions of the V/Line Corporation consistent with the primary object of V/Line Corporation.". 82 New Subdivision 1 heading inserted into Division 4 of Part 6 Before section 142 of the Transport Integration Act 2010 insert-- "Subdivision 1--Nature of Transport Corporations". 103 Transport Legislation Amendment Act 2023 No. of 2023 Part 9--Amendment of Transport Integration Act 2010 83 New Subdivision 2 heading and new section 142A inserted into Division 4 of Part 6 Before section 143 of the Transport Integration Act 2010 insert-- "Subdivision 2--Constitution of Transport Corporations other than V/Line Corporation 142A Application This Subdivision does not apply to V/Line Transport Corporation.". 84 New Subdivisions 3 and 4 inserted into Division 4 of Part 6 After section 151 of the Transport Integration Act 2010 insert-- "Subdivision 3--Constitution of V/Line Corporation 151A Chief executive officer of V/Line Corporation (1) The Minister, after consultation with the Treasurer, may appoint a person as the chief executive officer of V/Line Corporation and may at any time remove or suspend a person from that office. (2) The chief executive officer of V/Line Corporation holds office, subject to this Act, on a full-time basis-- (a) for a period not exceeding 5 years; and (b) on such other terms and conditions-- as determined by the Minister after consultation with the Treasurer and specified in the instrument of appointment. 104 Transport Legislation Amendment Act 2023 No. of 2023 Part 9--Amendment of Transport Integration Act 2010 (3) The chief executive officer of V/Line Corporation may resign from the office in writing signed by the chief executive officer and delivered to the Minister. (4) If the chief executive officer of V/Line Corporation was, immediately before their appointment, an officer within the meaning of the State Superannuation Act 1988 or a member within the meaning of the Transport Superannuation Act 1988, the chief executive officer continues to be such an officer or member while serving as chief executive officer of V/Line Corporation. (5) The Public Administration Act 2004 (other than Part 3 of that Act) applies to the chief executive officer of V/Line Corporation in respect of the office as chief executive officer. 151B Acting chief executive officer of V/Line Corporation (1) If the chief executive officer of V/Line Corporation is unable, whether because of illness, suspension, absence or otherwise, to perform the duties of the office of chief executive officer, the Minister, after consulting the Treasurer, may appoint another person to act in the place of the chief executive officer during the period of the inability. (2) A person appointed under this section to act in the place of the chief executive officer of V/Line Corporation while so acting-- (a) has all the rights and powers, and must perform all the duties, of the chief executive officer of V/Line Corporation; and 105 Transport Legislation Amendment Act 2023 No. of 2023 Part 9--Amendment of Transport Integration Act 2010 (b) is to be paid any remuneration and travelling or other allowances fixed by the Minister from time to time, having regard to the rate of remuneration and allowances for the time being payable to the chief executive officer of V/Line Corporation. (3) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a person appointed to act in the place of the chief executive officer of V/Line Corporation. 151C Validity of acts or decisions of V/Line Corporation An act or decision of the V/Line Corporation is not invalid only-- (a) because of a vacancy in the office of the chief executive officer of V/Line Corporation; or (b) because of a defect or irregularity in, or in connection with, the appointment of the chief executive officer of V/Line Corporation; or (c) in the case of a person appointed to act as the chief executive officer of V/Line Corporation, on the grounds that the occasion for the person so acting had not arisen or had ceased. Subdivision 4--Employment powers of V/Line Corporation 151D Employment of staff V/Line Corporation may employ any person it considers necessary for the performance of its functions.". 106 Transport Legislation Amendment Act 2023 No. of 2023 Part 9--Amendment of Transport Integration Act 2010 85 New Subdivision 5 heading inserted into Division 4 of Part 6 Before section 152 of the Transport Integration Act 2010 insert-- "Subdivision 5--Powers". 86 Certain powers not affected In section 153(1) of the Transport Integration Act 2010, before "the Head, Transport for Victoria" insert "the Secretary or". 87 Transport Corporation not to make loans to directors (1) In section 155(1) of the Transport Integration Act 2010, after "Transport Corporation" (where first occurring) insert "that is not V/Line Transport Corporation". (2) In section 155(2) of the Transport Integration Act 2010, after "Transport Corporation" (where first occurring) insert "that is not V/Line Transport Corporation from". 88 Indemnity In section 157 of the Transport Integration Act 2010-- (a) after "Transport Corporation" (where first occurring) insert "that is not V/Line Transport Corporation"; (b) for "a Transport Corporation" (where secondly occurring) substitute "the Transport Corporation". 107 Transport Legislation Amendment Act 2023 No. of 2023 Part 9--Amendment of Transport Integration Act 2010 89 New Subdivision 6 heading inserted into Division 4 of Part 6 After section 157 of the Transport Integration Act 2010 insert-- "Subdivision 6--General". 90 Determination of initial capital After section 158(7) of the Transport Integration Act 2010 insert-- "(8) This section applies to V/Line Corporation as if a reference to the board of directors of a Transport Corporation in the section were a reference to V/Line Corporation.". 91 Capital After section 159(2) of the Transport Integration Act 2010 insert-- "(3) This section applies to V/Line Corporation as if a reference to the board of directors of a Transport Corporation in the section were a reference to the chief executive officer of V/Line Corporation.". 92 Repayment of capital After section 160(3) of the Transport Integration Act 2010 insert-- "(4) This section applies to V/Line Corporation as if a reference to the board of directors of a Transport Corporation in the section were a reference to V/Line Corporation.". 108 Transport Legislation Amendment Act 2023 No. of 2023 Part 9--Amendment of Transport Integration Act 2010 93 Dividends At the end of section 161 of the Transport Integration Act 2010 insert-- "(2) This section applies to V/Line Corporation as if a reference to the board of directors of the Transport Corporation in the section were a reference to V/Line Corporation.". 94 Reports to Minister or Treasurer At the end of section 162 of the Transport Integration Act 2010 insert-- "(2) This section applies to V/Line Corporation as if a reference to the board of directors of the Transport Corporation in the section were a reference to V/Line Corporation.". 95 Corporate plan After section 165(14) of the Transport Integration Act 2010 insert-- "(15) This section applies to V/Line Corporation as if a reference to the board of directors of a Transport Corporation in the section were a reference to V/Line Corporation.". 96 Board of directors to give notice of significant events After section 169(4) of the Transport Integration Act 2010 insert-- "(5) This section applies to V/Line Corporation as if a reference to the board of directors of a Transport Corporation in the section were a reference to V/Line Corporation.". 109 Transport Legislation Amendment Act 2023 No. of 2023 Part 9--Amendment of Transport Integration Act 2010 Division 3--Chief Investigator, Transport Safety amendments 97 Definitions In section 3 of the Transport Integration Act 2010, the definitions of transport safety agency and transport safety appointee are repealed. 98 Strategy and implementation plan (1) For section 27A(1)(b) of the Transport Integration Act 2010 substitute-- "(b) the Chief Investigator, Transport Safety;". (2) In section 27A(4) of the Transport Integration Act 2010, for "not later than 1 July 2011" substitute "as soon as practicable". 99 Objects of the Department In section 32(b) of the Transport Integration Act 2010, for "transport safety agencies" substitute "the Chief Investigator, Transport Safety". 100 Corporate plans (1) In section 64(10) of the Transport Integration Act 2010, for "A transport safety agency" substitute "The Chief Investigator, Transport Safety". (2) In section 64(11) of the Transport Integration Act 2010-- (a) for "A transport safety agency" substitute "The Chief Investigator, Transport Safety"; (b) in paragraph (a), for "the transport safety agency" substitute "the Chief Investigator, Transport Safety". 110 Transport Legislation Amendment Act 2023 No. of 2023 Part 9--Amendment of Transport Integration Act 2010 (3) In section 64(12) of the Transport Integration Act 2010, for "A transport safety agency" substitute "The Chief Investigator, Transport Safety". (4) In section 64(13) of the Transport Integration Act 2010, for "transport safety agencies" (where twice occurring) substitute "the Chief Investigator, Transport Safety". 101 Heading to Part 7 amended In the heading to Part 7 of the Transport Integration Act 2010, for "Transport safety agencies" substitute "Chief Investigator, Transport Safety". 102 Heading to Division 2 of Part 7 repealed The heading to Division 2 of Part 7 of the Transport Integration Act 2010 is repealed. 103 Definition In section 178B of the Transport Integration Act 2010, for "Division" substitute "Part". 104 Delegation by the Chief Investigator, Transport Safety In section 183(1) of the Transport Integration Act 2010-- (a) in paragraph (a), for "his or her" substitute "their"; (b) in paragraph (b), for "him or her" substitute "the Chief Investigator, Transport Safety". 105 Heading to Division 3 of Part 7 repealed The heading to Division 3 of Part 7 of the Transport Integration Act 2010 is repealed. 111 Transport Legislation Amendment Act 2023 No. of 2023 Part 9--Amendment of Transport Integration Act 2010 106 Appointment (1) In the heading to section 184 of the Transport Integration Act 2010, after "Appointment" insert "of Chief Investigator, Transport Safety". (2) In section 184(1) of the Transport Integration Act 2010, for "A transport safety appointee" substitute "The Chief Investigator, Transport Safety". (3) In section 184(2) of the Transport Integration Act 2010-- (a) for "A transport safety appointee" substitute "The Chief Investigator, Transport Safety"; (b) for "he or she" substitute "the Chief Investigator, Transport Safety". (4) In section 184(3) of the Transport Integration Act 2010, for "transport safety appointee" substitute "the Chief Investigator, Transport Safety". (5) In section 184(4) of the Transport Integration Act 2010-- (a) for "an office of transport safety appointee" substitute "the office of the Chief Investigator, Transport Safety"; (b) in paragraph (a) omit "particular"; (c) in paragraph (da) omit "in the case of the Chief Investigator, Transport Safety,". (6) In section 184(5) of the Transport Integration Act 2010-- (a) for "a transport safety appointee" substitute "the Chief Investigator, Transport Safety"; 112 Transport Legislation Amendment Act 2023 No. of 2023 Part 9--Amendment of Transport Integration Act 2010 (b) for "the transport safety appointee" substitute "the Chief Investigator, Transport Safety". 107 Acting appointment (1) In the heading to section 185 of the Transport Integration Act 2010, after "appointment" insert "of Chief Investigator, Transport Safety". (2) In section 185(1) of the Transport Integration Act 2010, for "a transport safety appointee" substitute "the Chief Investigator, Transport Safety". (3) In section 185(3) of the Transport Integration Act 2010, for "the person acting in the office of a transport safety appointee from office" substitute "from office the person acting in the office of the Chief Investigator, Transport Safety". (3) In section 185(4) of the Transport Integration Act 2010, for "the transport safety appointee" (where twice occurring) substitute "the Chief Investigator, Transport Safety". 108 When a transport safety appointee ceases to hold office (1) In the heading to section 186 of the Transport Integration Act 2010, for "a transport safety appointee" substitute "the Chief Investigator, Transport Safety". (2) In section 186 of the Transport Integration Act 2010-- (a) for "a transport safety appointee" substitute "the Chief Investigator, Transport Safety"; (b) in paragraph (a), for "his or her" substitute "the person's"; 113 Transport Legislation Amendment Act 2023 No. of 2023 Part 9--Amendment of Transport Integration Act 2010 (c) for "he or she" (wherever occurring) substitute "the person". 109 Resignation In section 187 of the Transport Integration Act 2010-- (a) for "A transport safety appointee" substitute "The Chief Investigator, Transport Safety"; (b) for "him or her" substitute "the Chief Investigator, Transport Safety". 110 Suspension (1) In section 187A(1) of the Transport Integration Act 2010, for "a transport safety appointee" (where twice occurring) substitute "the Chief Investigator, Transport Safety". (2) In section 187A(3) of the Transport Integration Act 2010, for "a transport safety appointee" substitute "the Chief Investigator, Transport Safety". 111 Removal from office (1) In section 188(1) of the Transport Integration Act 2010, for "a transport safety appointee" substitute "the Chief Investigator, Transport Safety". (2) In section 188(2)(a) and (b) of the Transport Integration Act 2010, for "his or her" substitute "their". 112 Validity of acts and decisions In section 189 of the Transport Integration Act 2010-- (a) for "a transport safety appointee or acting transport safety appointee" substitute "the Chief Investigator, Transport Safety or acting Chief Investigator, Transport Safety"; 114 Transport Legislation Amendment Act 2023 No. of 2023 Part 9--Amendment of Transport Integration Act 2010 (b) in paragraph (a), for "the transport safety appointee or acting transport safety appointee" substitute "the Chief Investigator, Transport Safety or acting Chief Investigator, Transport Safety"; (c) in paragraph (b), for "transport safety appointee" substitute "Chief Investigator, Transport Safety". 113 Immunity (1) In section 190(1) of the Transport Integration Act 2010, for "A transport safety appointee or an acting transport safety appointee" substitute "The Chief Investigator, Transport Safety or acting Chief Investigator, Transport Safety". (2) In section 190(2) of the Transport Integration Act 2010, for "transport safety appointee or acting transport safety appointee" substitute "Chief Investigator, Transport Safety or acting Chief Investigator, Transport Safety". 114 Ministerial direction to investigate transport safety matter (1) For section 191(1) of the Transport Integration Act 2010 substitute-- "(1) The Minister may direct the Chief Investigator, Transport Safety to investigate a transport safety matter.". (2) In section 191(2) of the Transport Integration Act 2010, for "transport safety appointee" (wherever occurring) substitute "Chief Investigator, Transport Safety". (3) In section 191(5) of the Transport Integration Act 2010, for "relevant transport safety appointee" substitute "Chief Investigator, Transport Safety". 115 Transport Legislation Amendment Act 2023 No. of 2023 Part 9--Amendment of Transport Integration Act 2010 115 Employment of persons In section 192 of the Transport Integration Act 2010-- (a) for "a transport safety appointee" substitute "the Chief Investigator, Transport Safety"; (b) for "his or her" substitute "their". 116 Powers of transport safety appointee (1) For the heading to section 193 of the Transport Integration Act 2010 substitute-- "General powers of Chief Investigator, Transport Safety". (2) In section 193(1) of the Transport Integration Act 2010-- (a) for "A transport safety appointee" substitute "The Chief Investigator, Transport Safety"; (b) for "the object of the transport safety appointee" substitute "their object"; (c) for "his or her" substitute "their". (3) In section 193(2) of the Transport Integration Act 2010-- (a) for "a transport safety appointee" substitute "the Chief Investigator, Transport Safety"; (b) in paragraph (i), for "the transport safety appointee" substitute "the Chief Investigator, Transport Safety"; (c) in paragraph (k), for "its functions" substitute "the functions of the Chief Investigator, Transport Safety". (4) In section 193(3) of the Transport Integration Act 2010-- (a) for "a transport safety appointee" substitute "the Chief Investigator, Transport Safety"; 116 Transport Legislation Amendment Act 2023 No. of 2023 Part 9--Amendment of Transport Integration Act 2010 (b) for "the transport safety appointee" substitute "the Chief Investigator, Transport Safety". (5) In section 193(4) of the Transport Integration Act 2010, for "a transport safety appointee" substitute "the Chief Investigator, Transport Safety". 117 Extra-territoriality In section 195 of the Transport Integration Act 2010-- (a) for "A transport safety appointee" substitute "The Chief Investigator, Transport Safety"; (b) for "his or her" substitute "their". 118 Memoranda of understanding (1) In section 196(1) of the Transport Integration Act 2010, for "A transport safety appointee" substitute "The Chief Investigator, Transport Safety". (2) In section 196(3) of the Transport Integration Act 2010-- (a) for "A transport safety appointee" substitute "The Chief Investigator, Transport Safety"; (b) for "he or she" substitute "the Chief Investigator, Transport Safety". 119 Power to give advice on compliance (1) In section 197(1) of the Transport Integration Act 2010, for "A transport safety appointee" substitute "The Chief Investigator, Transport Safety". (2) In section 197(2) of the Transport Integration Act 2010-- (a) for "a transport safety appointee" substitute "the Chief Investigator, Transport Safety"; 117 Transport Legislation Amendment Act 2023 No. of 2023 Part 9--Amendment of Transport Integration Act 2010 (b) in paragraph (a), for "the transport safety appointee" substitute "the Chief Investigator, Transport Safety". (3) In section 197(3) of the Transport Integration Act 2010-- (a) for "A transport safety appointee's power" substitute "The power of the Chief Investigator, Transport Safety"; (b) for "the transport safety appointee" substitute "the Chief Investigator, Transport Safety". 120 Definitions In section 197A of the Transport Integration Act 2010, in the definition of regulator, for paragraph (c) substitute-- "(c) the Chief Investigator, Transport Safety; or". Division 4--Other amendments 121 Definitions In section 3 of the Transport Integration Act 2010-- (a) in the definition of Department, after "Transport" insert "and Planning"; (b) in the definition of marine safety matter, in paragraph (b)(i), for "his or her" substitute "their". 122 Powers to enter land for investigative purposes In section 37(5)(d) of the Transport Integration Act 2010, for "he or she" substitute "the Secretary". 118 Transport Legislation Amendment Act 2023 No. of 2023 Part 9--Amendment of Transport Integration Act 2010 123 New section 64ABA inserted After section 64AB of the Transport Integration Act 2010 insert-- '64ABA Execution of deeds without official seal and electronically (1) The Head, Transport for Victoria may execute a deed without using the official seal if the deed is signed by-- (a) the entity Head of the Head, Transport for Victoria; or (b) an employee in the Department who is authorised by the Head, Transport for Victoria. (2) The Electronic Transactions (Victoria) Act 2000 applies to a deed executed under subsection (1) as if in section 12A(1) of that Act, for "signed, sealed and delivered" there were substituted "signed and delivered".'. 124 Chief executive officer and other employees In section 147(8) of the Transport Integration Act 2010-- (a) for "his or her" substitute "their"; (b) for "he or she" substitute "the officer or person". 125 Vacancies, resignations, removal from office (1) In section 148(1)(b) of the Transport Integration Act 2010, for "his or her" (where twice occurring) substitute "the director's". (2) In section 148(4) of the Transport Integration Act 2010, for "his or her" substitute "their". 119 Transport Legislation Amendment Act 2023 No. of 2023 Part 9--Amendment of Transport Integration Act 2010 126 Statute law revision amendments In section 64V of the Transport Integration Act 2010-- (a) in subsection (3), for "employee of" (where twice occurring) substitute "employee in"; (b) in subsection (4)(b), for "employee of" substitute "employee in". 120 Transport Legislation Amendment Act 2023 No. of 2023 Part 10--Consequential amendments to Acts relating to Safe Transport Victoria Part 10--Consequential amendments to Acts relating to Safe Transport Victoria 127 Consequential amendments--Schedule 1 An Act specified in the heading to an item in Schedule 1 is amended, on the commencement of that item, or provision of that item, as set out in the item or provision. 121 Transport Legislation Amendment Act 2023 No. of 2023 Part 11--Consequential amendment of Sentencing Act 1991 Part 11--Consequential amendment of Sentencing Act 1991 128 Suspension or cancellation of driver licence or learner permit and driver disqualification--certain motor vehicle offences In note 1 at the foot of section 89 of the Sentencing Act 1991, for the third paragraph substitute-- "A person disqualified under this section who is granted a driver licence or learner permit must have zero concentration of alcohol present in their blood or breath while driving or in change of a motor vehicle during the first 3 years of that licence or permit or any longer period during which the licence or permit is subject to an alcohol interlock condition. The person must also have zero concentration of alcohol in their blood or breath while driving or in charge of a motor vehicle for the period of 3 years from the day on which an alcohol interlock condition imposed on their licence or permit is removed or, if the person is granted an exemption from the imposition of an alcohol interlock condition, for the period of 3 years from the day on which that exemption is granted. See section 52(1B), (1BBB) and (1BBC) of the Road Safety Act 1986.". 122 Transport Legislation Amendment Act 2023 No. of 2023 Part 12--Repeal of this Act Part 12--Repeal of this Act 129 Repeal of this Act This Act is repealed on 17 October 2025. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). 123 Transport Legislation Amendment Act 2023 No. of 2023 Schedule 1--Consequential amendments to Acts relating to Safe Transport Victoria Schedule 1--Consequential amendments to Acts relating to Safe Transport Victoria Section 127 1 Bus Safety Act 2009 1.1 In section 3(1)-- (a) in the definition of accreditation fee, in paragraphs (a) and (b), for "the Safety Director" substitute "Safe Transport Victoria"; (b) in the definition of bus, in paragraphs (c) and (f), for "the Safety Director" substitute "Safe Transport Victoria"; (c) in the definition of commercial bus service, in paragraphs (f) and (h), for "the Safety Director" substitute "Safe Transport Victoria"; (d) in the definition of corresponding Bus Safety Regulator, in paragraph (a), for "the Safety Director" substitute "Safe Transport Victoria"; (e) in the definition of non-commercial courtesy bus service, for "the Safety Director" substitute "Safe Transport Victoria"; (f) insert the following definition-- "Safe Transport Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;"; (g) the definition of Safety Director is repealed. 1.2 In the heading to section 7, for "Safety Director" substitute "Safe Transport Victoria". 124 Transport Legislation Amendment Act 2023 No. of 2023 Schedule 1--Consequential amendments to Acts relating to Safe Transport Victoria 1.3 In section 7-- (a) in subsections (1) and (2), for "the Safety Director" (wherever occurring) substitute "Safe Transport Victoria"; (b) in subsection (3), for "The Safety Director" substitute "Safe Transport Victoria". 1.4 In section 9(1)(e), for "the Safety Director" substitute "Safe Transport Victoria". 1.5 In section 19(3), for "the Safety Director" substitute "Safe Transport Victoria". 1.6 In section 20, for "The Safety Director" substitute "Safe Transport Victoria". 1.7 In section 23-- (a) in subsections (1) and (2)(a), for "the Safety Director" substitute "Safe Transport Victoria"; (b) in subsection (3), for "The Safety Director" substitute "Safe Transport Victoria"; (c) in subsection (3)(a), for "the Safety Director" (where twice occurring) substitute "Safe Transport Victoria"; (d) in subsection (7), for "the Safety Director" substitute "Safe Transport Victoria". 1.8 In section 24-- (a) in subsection (1), for "The Safety Director" substitute "Safe Transport Victoria"; (b) in subsection (2), for "the Safety Director" substitute "Safe Transport Victoria". 1.9 In section 25-- (a) for "The Safety Director" substitute "Safe Transport Victoria"; 125 Transport Legislation Amendment Act 2023 No. of 2023 Schedule 1--Consequential amendments to Acts relating to Safe Transport Victoria (b) in paragraph (a), for "the Safety Director" substitute "Safe Transport Victoria". 1.10 In section 26-- (a) for "The Safety Director" substitute "Safe Transport Victoria"; (b) for "the Safety Director" substitute "Safe Transport Victoria". 1.11 In section 27, for "the Safety Director" (wherever occurring) substitute "Safe Transport Victoria". 1.12 In section 28-- (a) for "the Safety Director" (wherever occurring) substitute "Safe Transport Victoria"; (b) in subsection (1)(a)(iii), for "the Safety Director's" substitute "Safe Transport Victoria's". 1.13 In section 29, for "The Safety Director" substitute "Safe Transport Victoria". 1.14 In section 30-- (a) for "the Safety Director" (wherever occurring) substitute "Safe Transport Victoria"; (b) in subsection (2), for "The Safety Director" substitute "Safe Transport Victoria". 1.15 In section 31-- (a) for "the Safety Director" (wherever occurring) substitute "Safe Transport Victoria"; (b) in subsections (3), (5) and (6), for "The Safety Director" substitute "Safe Transport Victoria". 126 Transport Legislation Amendment Act 2023 No. of 2023 Schedule 1--Consequential amendments to Acts relating to Safe Transport Victoria 1.16 In the heading to section 33, for "Safety Director" substitute "Safe Transport Victoria". 1.17 In section 33-- (a) for "the Safety Director" (wherever occurring) substitute "Safe Transport Victoria"; (b) in subsection (2), for "The Safety Director" substitute "Safe Transport Victoria". 1.18 In section 36(1), for "the Safety Director" (wherever occurring) substitute "Safe Transport Victoria". 1.19 In section 36A-- (a) for "the Safety Director" (wherever occurring) substitute "Safe Transport Victoria"; (b) in subsection (3), for "The Safety Director" substitute "Safe Transport Victoria". 1.20 In section 37-- (a) for "the Safety Director" (wherever occurring) substitute "Safe Transport Victoria"; (b) in subsections (3) and (4), for "The Safety Director" substitute "Safe Transport Victoria"; (c) in subsection (5)(a)(ii), for "the Safety Director's" substitute "Safe Transport Victoria's". 1.21 In section 38-- (a) for "the Safety Director" (wherever occurring) substitute "Safe Transport Victoria"; (b) in subsection (5), for "The Safety Director" substitute "Safe Transport Victoria". 127 Transport Legislation Amendment Act 2023 No. of 2023 Schedule 1--Consequential amendments to Acts relating to Safe Transport Victoria 1.22 In the heading to section 39, for "Safety Director's" substitute "Safe Transport Victoria's". 1.23 In section 39-- (a) in subsections (1) and (4), for "The Safety Director" substitute "Safe Transport Victoria"; (b) in subsections (1) and (5)(c), for "the Safety Director's" substitute "Safe Transport Victoria's"; (c) for "the Safety Director" (wherever occurring) substitute "Safe Transport Victoria". 1.24 In section 40-- (a) in subsections (1), (2), (3) and (4), for "the Safety Director" substitute "Safe Transport Victoria"; (b) in subsection (3), for "The Safety Director" substitute "Safe Transport Victoria". 1.25 In section 42, for "the Safety Director" (wherever occurring) substitute "Safe Transport Victoria". 1.26 In section 43(2), for "the Safety Director" substitute "Safe Transport Victoria". 1.27 In the heading to section 44, for "Safety Director" substitute "Safe Transport Victoria". 1.28 In section 44-- (a) in subsections (1), (4) and (5), for "the Safety Director" (wherever occurring) substitute "Safe Transport Victoria"; (b) in subsections (2) and (3), for "The Safety Director" substitute "Safe Transport Victoria". 128 Transport Legislation Amendment Act 2023 No. of 2023 Schedule 1--Consequential amendments to Acts relating to Safe Transport Victoria 1.29 In section 45-- (a) in subsections (1), (2) and (5), for "The Safety Director" substitute "Safe Transport Victoria"; (b) for "the Safety Director" (wherever occurring) substitute "Safe Transport Victoria". 1.30 In section 46-- (a) in subsection (1), for "The Safety Director" substitute "Safe Transport Victoria"; (b) in subsections (2) and (3), for "the Safety Director" (wherever occurring) substitute "Safe Transport Victoria". 1.31 In section 47-- (a) in subsections (1) and (2), for "the Safety Director" (where twice occurring) substitute "Safe Transport Victoria"; (b) in subsection (3), for "the Safety Director's" substitute "Safe Transport Victoria's". 1.32 In section 48-- (a) in subsections (1), (3) and (5), for "the Safety Director" substitute "Safe Transport Victoria"; (b) in subsection (2), for "The Safety Director" substitute "Safe Transport Victoria". 1.33 In the heading to Division 7 of Part 4, for "the Safety Director" substitute "Safe Transport Victoria". 1.34 In section 51-- (a) in subsections (1), (2) and (3)(a) and (b), for "the Safety Director" substitute "Safe Transport Victoria"; 129 Transport Legislation Amendment Act 2023 No. of 2023 Schedule 1--Consequential amendments to Acts relating to Safe Transport Victoria (b) in subsection (3), for "The Safety Director" substitute "Safe Transport Victoria". 1.35 In section 52, for "The Safety Director" substitute "Safe Transport Victoria". 1.36 In section 53, for "the Safety Director" (wherever occurring) substitute "Safe Transport Victoria". 1.37 In section 54-- (a) in subsections (1), (2), (3) and (4)(a) and (b), for "the Safety Director" substitute "Safe Transport Victoria"; (b) in subsection (4), for "The Safety Director" substitute "Safe Transport Victoria". 1.38 In section 55-- (a) in subsections (1) and (2), for "the Safety Director" (wherever occurring) substitute "Safe Transport Victoria"; (b) in subsection (3), in the definition of relevant period, for "the Safety Director" (wherever occurring) substitute "Safe Transport Victoria". 1.39 In section 55B-- (a) in subsection (1), for "the Safety Director" (where twice occurring) substitute "Safe Transport Victoria"; (b) in subsection (3), for "The Safety Director" substitute "Safe Transport Victoria". 1.40 In the heading to section 55C, for "Safety Director" substitute "Safe Transport Victoria". 1.41 In section 55C-- (a) in subsections (1) and (2), for "the Safety Director" (wherever occurring) substitute "Safe Transport Victoria"; 130 Transport Legislation Amendment Act 2023 No. of 2023 Schedule 1--Consequential amendments to Acts relating to Safe Transport Victoria (b) in subsection (3), for "The Safety Director" substitute "Safe Transport Victoria". 1.42 In section 55D-- (a) for "the Safety Director" (wherever occurring) substitute "Safe Transport Victoria"; (b) in subsections (2) and (5), for "The Safety Director" substitute "Safe Transport Victoria". 1.43 In section 55F, for "the Safety Director" substitute "Safe Transport Victoria". 1.44 In the heading to section 55G, for "Safety Director" substitute "Safe Transport Victoria". 1.45 In section 55G-- (a) in subsection (1), for "The Safety Director" substitute "Safe Transport Victoria"; (b) for "the Safety Director" (wherever occurring) substitute "Safe Transport Victoria". 1.46 In section 55H, for "the Safety Director" substitute "Safe Transport Victoria". 1.47 In section 57(1)(c), for "the Safety Director" substitute "Safe Transport Victoria". 1.48 In section 58(1)-- (a) for "the Safety Director" (where first occurring) substitute "Safe Transport Victoria"; (b) in paragraph (a), for "the Safety Director" substitute "Safe Transport Victoria". 1.49 In section 62, for "the Safety Director" substitute "Safe Transport Victoria". 131 Transport Legislation Amendment Act 2023 No. of 2023 Schedule 1--Consequential amendments to Acts relating to Safe Transport Victoria 1.50 In the heading to section 64A, for "Safety Director" substitute "Safe Transport Victoria". 1.51 In section 64A-- (a) in subsections (1), (3) and (4), for "The Safety Director" substitute "Safe Transport Victoria"; (b) in subsection (3), for "the Safety Director's" substitute "Safe Transport Victoria's". 1.52 In the heading to section 64B, for "Safety Director" substitute "Safe Transport Victoria". 1.53 In section 64B-- (a) in subsections (1) and (2), for "the Safety Director" substitute "Safe Transport Victoria"; (b) in subsection (2), for "The Safety Director" substitute "Safe Transport Victoria". 1.54 In section 64C(1)(b), for "the Safety Director" substitute "Safe Transport Victoria". 1.55 In the heading to section 64D, for "Safety Director" substitute "Safe Transport Victoria". 1.56 In section 64D-- (a) in subsection (1), for "The Safety Director" substitute "Safe Transport Victoria"; (b) in subsection (2), for "the Safety Director" (where twice occurring) substitute "Safe Transport Victoria". 1.57 In section 65, for "the Safety Director" substitute "Safe Transport Victoria". 1.58 In the heading to section 67, for "Safety Director" substitute "Safe Transport Victoria". 132 Transport Legislation Amendment Act 2023 No. of 2023 Schedule 1--Consequential amendments to Acts relating to Safe Transport Victoria 1.59 In section 67-- (a) in subsections (1), (3) and (6), for "The Safety Director" substitute "Safe Transport Victoria"; (b) for "the Safety Director" (wherever occurring) substitute "Safe Transport Victoria". 1.60 In section 75(b)(iii), (c), (d), (e), (f) and (h), for "the Safety Director" (wherever occurring) substitute "Safe Transport Victoria". 1.61 In section 76(g), for "the Safety Director" substitute "Safe Transport Victoria". 2 Bus Services Act 1995 2.1 In section 34-- (a) in subsections (1), (3), (5) and (6), for "Safety Director" substitute "Safe Transport Victoria"; (b) in subsection (2)-- (i) for "Safety Director" (where first occurring) substitute "Safe Transport Victoria"; (ii) for "the Safety Director" substitute "Safe Transport Victoria". 3 Commercial Passenger Vehicle Industry Act 2017 3.1 In section 3-- (a) for the definition of regulator substitute-- "regulator means Safe Transport Victoria;"; (b) insert the following definition-- "Safe Transport Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;". 133 Transport Legislation Amendment Act 2023 No. of 2023 Schedule 1--Consequential amendments to Acts relating to Safe Transport Victoria 4 Environment Protection Act 2017 4.1 In section 3(1)-- (a) the definition of Director, Transport Safety is repealed; (b) insert the following definition-- "Safe Transport Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;". 4.2 In section 338(a), for "the Director, Transport Safety" substitute "Safe Transport Victoria". 5 Marine (Domestic Commercial Vessel National Law Application) Act 2013 5.1 In section 17(1)(a), for "Director, Transport Safety within the meaning of section 3" substitute "Chief Executive of Safe Transport Victoria appointed under section 115H". 5.2 In section 20-- (a) in subsection (1)(a), for "Director, Transport Safety within the meaning of section 3" substitute "Chief Executive of Safe Transport Victoria appointed under section 115H"; (b) in subsection (1)(b)(ii), for "the Director, Transport Safety" substitute "Safe Transport Victoria (within the meaning of section 3 of the Transport Integration Act 2010)"; (c) in subsection (1)(c), for "the Director, Transport Safety to carry out his or her functions, if authorised by the Director, Transport Safety" substitute "Safe Transport Victoria to carry out its functions, if authorised by Safe Transport Victoria"; 134 Transport Legislation Amendment Act 2023 No. of 2023 Schedule 1--Consequential amendments to Acts relating to Safe Transport Victoria (d) in subsection (2), for "Director, Transport Safety" (where twice occurring) substitute "Chief Executive of Safe Transport Victoria"; (e) in subsection (3), for "the Director, Transport Safety" substitute "Safe Transport Victoria". 6 Marine (Drug, Alcohol and Pollution Control) Act 1988 6.1 In section 1(b), for "the Director" substitute "Safe Transport Victoria". 6.2 In section 3(1)-- (a) the definition of Director is repealed; (b) in the definition of pilotage services provider, for "the Director" substitute "Safe Transport Victoria"; (c) insert the following definition-- "Safe Transport Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;". 6.3 In section 28C(4), for "the Director" substitute "Safe Transport Victoria". 6.4 In section 31AA(5), for "The Director, Transport Safety" substitute "Safe Transport Victoria". 6.5 In section 61BA(4), for "the Director" (where twice occurring) substitute "Safe Transport Victoria". 6.6 In the heading to section 66, for "the Director" substitute "Safe Transport Victoria". 135 Transport Legislation Amendment Act 2023 No. of 2023 Schedule 1--Consequential amendments to Acts relating to Safe Transport Victoria 6.7 In section 66-- (a) in subsection (1)-- (i) for "the Director" (where twice occurring) substitute "Safe Transport Victoria"; (ii) for "him or her" substitute "it"; (iii) for "his or her" substitute "its"; (b) in subsection (2)-- (i) for "the Director" substitute "Safe Transport Victoria"; (ii) for "his or her" substitute "its". 6.8 In section 105(4), for "the Director" substitute "Safe Transport Victoria". 6.9 In the heading to Schedule 4, for "the Director" substitute "Safe Transport Victoria". 6.10 In item 20 of Schedule 4-- (a) in paragraph (a), for "the Director" (where twice occurring) substitute "Safe Transport Victoria"; (b) in paragraph (b), for "the Director" substitute "Safe Transport Victoria". 7 Marine Safety Act 2010 7.1 In section 3(1)-- (a) in the definition of corresponding authority, for "the Safety Director" substitute "Safe Transport Victoria"; (b) in the definition of registered person-- (i) in paragraph (a)(ii), for "the Safety Director" (where twice occurring) substitute "Safe Transport Victoria"; 136 Transport Legislation Amendment Act 2023 No. of 2023 Schedule 1--Consequential amendments to Acts relating to Safe Transport Victoria (ii) in paragraph (a)(iii), for "the Safety Director" substitute "Safe Transport Victoria"; (c) insert the following definition-- "Safe Transport Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;"; (d) the definition of Safety Director is repealed. 7.2 In section 6(1)(a) and (2), for "the Safety Director" substitute "Safe Transport Victoria". 7.3 In section 7, for "The Safety Director" substitute "Safe Transport Victoria". 7.4 In the note at the foot of section 7, for "the Safety Director" substitute "Safe Transport Victoria". 7.5 In section 15(1)(g), for "the Safety Director" substitute "Safe Transport Victoria". 7.6 In section 37(1)(b)(ii) and (2)(b)(ii), for "the Safety Director" substitute "Safe Transport Victoria". 7.7 In section 39-- (a) in subsection (2), for "The Safety Director" substitute "Safe Transport Victoria"; (b) in subsection (3)(b), for "the Safety Director" substitute "Safe Transport Victoria". 7.8 In the heading to section 40, for "Safety Director" substitute "Safe Transport Victoria". 7.9 In section 40(1), for "The Safety Director" substitute "Safe Transport Victoria". 7.10 In section 41(1), for "the Safety Director" substitute "Safe Transport Victoria". 7.11 In section 42(1), for "The Safety Director" substitute "Safe Transport Victoria". 137 Transport Legislation Amendment Act 2023 No. of 2023 Schedule 1--Consequential amendments to Acts relating to Safe Transport Victoria 7.12 In the heading to section 43, for "Safety Director" substitute "Safe Transport Victoria". 7.13 In section 43-- (a) in subsections (1), (2) and (3), for "The Safety Director" substitute "Safe Transport Victoria"; (b) for "the Safety Director" (wherever occurring) substitute "Safe Transport Victoria". 7.14 In section 44-- (a) in subsections (1) and (3)(b), for "the Safety Director" substitute "Safe Transport Victoria"; (b) in subsection (4), for "the Safety Director" (where twice occurring) substitute "Safe Transport Victoria". 7.15 In section 53-- (a) in subsection (1), for "The Safety Director" substitute "Safe Transport Victoria"; (b) in subsection (1)(a)(iii) and (2), for "the Safety Director" (where twice occurring) substitute "Safe Transport Victoria". 7.16 In section 54-- (a) in subsection (1), for "The Safety Director" substitute "Safe Transport Victoria"; (b) in subsections (1)(a)(iii) and (2), for "the Safety Director" (where twice occurring) substitute "Safe Transport Victoria". 7.17 In section 55-- (a) in subsections (1) and (2), for "the Safety Director" substitute "Safe Transport Victoria"; 138 Transport Legislation Amendment Act 2023 No. of 2023 Schedule 1--Consequential amendments to Acts relating to Safe Transport Victoria (b) in subsection (4), for "The Safety Director" substitute "Safe Transport Victoria"; (c) in subsection (5), for "the Safety Director" (wherever occurring) substitute "Safe Transport Victoria". 7.18 In the heading to section 56, for "Safety Director" substitute "Safe Transport Victoria". 7.19 In section 56-- (a) in subsection (1), for "The Safety Director" substitute "Safe Transport Victoria"; (b) in subsections (3), (4) and (5), for "the Safety Director" substitute "Safe Transport Victoria". 7.20 In section 57-- (a) in subsection (2)(d), for "the Safety Director" substitute "Safe Transport Victoria"; (b) in subsection (3), for "the Safety Director" (where twice occurring) substitute "Safe Transport Victoria". 7.21 In section 81, for "The Safety Director" substitute "Safe Transport Victoria". 7.22 In the note at the foot of section 81, for "the Safety Director" substitute "Safe Transport Victoria". 7.23 In section 82-- (a) in subsections (1) and (2)(a), for "the Safety Director" substitute "Safe Transport Victoria"; (b) in subsection (2)(b)(ii), for "the Director" substitute "Safe Transport Victoria"; (c) in subsection (3), for "The Safety Director" substitute "Safe Transport Victoria". 139 Transport Legislation Amendment Act 2023 No. of 2023 Schedule 1--Consequential amendments to Acts relating to Safe Transport Victoria 7.24 In section 83-- (a) in subsection (1), for "the Safety Director" (where twice occurring) substitute "Safe Transport Victoria"; (b) in subsection (2), for "the Safety Director" substitute "Safe Transport Victoria". 7.25 In section 85-- (a) in subsection (2), for "The Safety Director" substitute "Safe Transport Victoria"; (b) in subsections (2), (3), (4) and (8), for "the Safety Director" (wherever occurring) substitute "Safe Transport Victoria". 7.26 In the heading to section 92, for "Safety Director" substitute "Safe Transport Victoria". 7.27 In section 92, for "the Safety Director" substitute "Safe Transport Victoria". 7.28 In the heading to section 94, for "Safety Director" substitute "Safe Transport Victoria". 7.29 In section 94, for "the Safety Director" substitute "Safe Transport Victoria". 7.30 In the heading to section 100, for "Safety Director" substitute "Safe Transport Victoria". 7.31 In section 100(2), for "the Safety Director" substitute "Safe Transport Victoria". 7.32 In section 115(2)(c), for "the Safety Director" substitute "Safe Transport Victoria". 7.33 In section 121(1)(e), for "the Safety Director" substitute "Safe Transport Victoria". 7.34 In section 123(1)(e), for "the Safety Director" substitute "Safe Transport Victoria". 140 Transport Legislation Amendment Act 2023 No. of 2023 Schedule 1--Consequential amendments to Acts relating to Safe Transport Victoria 7.35 In section 124-- (a) in subsection (1), for "the Safety Director" (where twice occurring) substitute "Safe Transport Victoria"; (b) in subsection (3), for "the Safety Director" substitute "Safe Transport Victoria". 7.36 In the heading to section 125, for "Safety Director" substitute "Safe Transport Victoria". 7.37 In section 125(1) and (2), for "the Safety Director" substitute "Safe Transport Victoria". 7.38 In section 148(2)(a)(v), for "the Safety Director" substitute "Safe Transport Victoria". 7.39 In section 152(d), for "the Safety Director" substitute "Safe Transport Victoria". 7.40 In section 154(1), for "the Safety Director" substitute "Safe Transport Victoria". 7.41 In section 159(1), for "the Safety Director" substitute "Safe Transport Victoria". 7.42 In section 163, in the definition of disciplinary notice, for "the Safety Director" substitute "Safe Transport Victoria". 7.43 In the heading to Division 2 of Part 4.6, for "Safety Director" substitute "Safe Transport Victoria". 7.44 In the heading to section 164, for "Safety Director" substitute "Safe Transport Victoria". 7.45 In section 164-- (a) for "The Safety Director" substitute "Safe Transport Victoria"; (b) for "the Safety Director" substitute "Safe Transport Victoria". 141 Transport Legislation Amendment Act 2023 No. of 2023 Schedule 1--Consequential amendments to Acts relating to Safe Transport Victoria 7.46 In the heading to section 165, for "Safety Director" substitute "Safe Transport Victoria". 7.47 In section 165-- (a) in subsections (1), (2) and (3), for "The Safety Director" substitute "Safe Transport Victoria"; (b) for "the Safety Director" (wherever occurring) substitute "Safe Transport Victoria". 7.48 In the heading to section 166, for "Safety Director" substitute "Safe Transport Victoria". 7.49 In section 166-- (a) in subsection (1), for "The Safety Director" substitute "Safe Transport Victoria"; (b) in subsections (1)(a)(ii), (b)(ii), (c)(i)(B), (c)(ii)(B) and (g) and (2), for "the Safety Director" substitute "Safe Transport Victoria". 7.50 In section 167-- (a) in subsections (1), (3) and (4), for "the Safety Director" (where twice occurring) substitute "Safe Transport Victoria"; (b) in subsection (5), for "The Safety Director" substitute "Safe Transport Victoria". 7.51 In section 168-- (a) in subsections (1) and (2), for "the Safety Director" substitute "Safe Transport Victoria"; (b) in subsection (3), for "The Safety Director" substitute "Safe Transport Victoria". 7.52 In section 169(1), for "the Safety Director" substitute "Safe Transport Victoria". 142 Transport Legislation Amendment Act 2023 No. of 2023 Schedule 1--Consequential amendments to Acts relating to Safe Transport Victoria 7.53 In section 170(1)(a) and (b) and (2), for "the Safety Director" substitute "Safe Transport Victoria". 7.54 In section 171(4), for "the Safety Director" substitute "Safe Transport Victoria". 7.55 In the heading to section 171A, for "Safety Director" substitute "Safe Transport Victoria". 7.56 In section 171A-- (a) in subsection (1), for "the Safety Director" substitute "Safe Transport Victoria"; (b) in subsection (2), for "The Safety Directory" substitute "Safe Transport Victoria". 7.57 In section 173-- (a) in subsection (1), for "Safety Director" substitute "Safe Transport Victoria"; (b) in subsection (2)(b), for "the Safety Director" substitute "Safe Transport Victoria". 7.58 In section 173A, for "the Safety Director" (where twice occurring) substitute "Safe Transport Victoria". 7.59 In section 173B-- (a) in subsections (1), (3) and (4), for "the Safety Director" (where twice occurring) substitute "Safe Transport Victoria"; (b) in subsection (5), for "The Safety Director" substitute "Safe Transport Victoria". 7.60 In section 173C(1), for "the Safety Director" substitute "Safe Transport Victoria". 7.61 In section 173D(1)(a) and (b) and (2), for "the Safety Director" substitute "Safe Transport Victoria". 143 Transport Legislation Amendment Act 2023 No. of 2023 Schedule 1--Consequential amendments to Acts relating to Safe Transport Victoria 7.62 In section 183, in the definition of specified amendment rule, in paragraphs (a) and (b), for "the Safety Director" substitute "Safe Transport Victoria". 7.63 In the heading to Division 2 of Part 5.1, for "The Safety Director's" substitute "Safe Transport Victoria's". 7.64 In section 184-- (a) in subsection (1), for "the Safety Director" substitute "Safe Transport Victoria"; (b) in subsection (1A), for "The Safety Director" substitute "Safe Transport Victoria"; (c) in subsection (1A)(b), for "the Safety Director's" substitute "Safe Transport Victoria's". 7.65 In the heading to section 185, for "Safety Director" substitute "Safe Transport Victoria". 7.66 In section 185-- (a) in subsection (1), for "The Safety Director" substitute "Safe Transport Victoria"; (b) in subsection (2), for "the Safety Director must treat a rule he or she" substitute "Safe Transport Victoria must treat a rule it". 7.67 In section 187(1)-- (a) for "the Safety Director" (where twice occurring) substitute "Safe Transport Victoria"; (b) in paragraph (c)-- (i) for "the Director's" substitute "Safe Transport Victoria's"; (ii) for "the Director" substitute "Safe Transport Victoria". 144 Transport Legislation Amendment Act 2023 No. of 2023 Schedule 1--Consequential amendments to Acts relating to Safe Transport Victoria 7.68 In section 188-- (a) in subsection (1), for "The Safety Director must publish his or her" substitute "Safe Transport Victoria must publish its"; (b) in subsections (1) and (2)(b), for "the Safety Director's" substitute "Safe Transport Victoria's"; (c) in subsections (2) and (3), for "the Safety Director" substitute "Safe Transport Victoria"; (d) in subsection (3), for "his or her" substitute "its". 7.69 In the heading to section 190, for "Safety Director's" substitute "Safe Transport Victoria's". 7.70 In section 190-- (a) for "the Safety Director" substitute "Safe Transport Victoria"; (b) for "the Director's" substitute "Safe Transport Victoria's". 7.71 In the heading to section 191, for "Safety Director" substitute "Safe Transport Victoria". 7.72 In section 191-- (a) for "the Safety Director" (wherever occurring) substitute "Safe Transport Victoria"; (b) in subsection (4), for "The Safety Director must publish his or her" substitute "Safe Transport Victoria must publish its"; (c) in subsections (4) and (5)(b), for "the Safety Director's" substitute "Safe Transport Victoria's". 145 Transport Legislation Amendment Act 2023 No. of 2023 Schedule 1--Consequential amendments to Acts relating to Safe Transport Victoria 7.73 In section 192-- (a) in subsections (1), (2)(a)(ii) and (3)(b), for "the Safety Director" substitute "Safe Transport Victoria"; (b) in subsection (2), for "The Safety Director" substitute "Safe Transport Victoria"; (c) in subsections (2)(a)(i) and (b) and (3)(d), for "the Safety Director's" substitute "Safe Transport Victoria's". 7.74 In the heading to section 193, for "Safety Director" substitute "Safe Transport Victoria". 7.75 In section 193, for "the Safety Director" (wherever occurring) substitute "Safe Transport Victoria". 7.76 In section 194(1), for "the Safety Director" substitute "Safe Transport Victoria". 7.77 In the heading to section 195, for "Safety Director" substitute "Safe Transport Victoria". 7.78 In section 195-- (a) for "the Safety Director" (wherever occurring) substitute "Safe Transport Victoria"; (b) in subsection (1)(b), for "his or her" substitute "its"; (c) in subsection (3), for "The Safety Director" substitute "Safe Transport Victoria"; (d) in subsections (3)(a)(i) and (b) and (4)(d), for "the Safety Director's" substitute "Safe Transport Victoria's". 7.79 In section 199(1), for "the Safety Director" substitute "Safe Transport Victoria". 146 Transport Legislation Amendment Act 2023 No. of 2023 Schedule 1--Consequential amendments to Acts relating to Safe Transport Victoria 7.80 In section 200-- (a) for "the Safety Director" (where twice occurring) substitute "Safe Transport Victoria"; (b) in paragraph (a), for "the Director" substitute "Safe Transport Victoria". 7.81 In section 201, for "the Safety Director" substitute "Safe Transport Victoria". 7.82 In section 202B, for "the Safety Director" substitute "Safe Transport Victoria". 7.83 In section 202C, for "the Safety Director" (where twice occurring) substitute "Safe Transport Victoria". 7.84 In section 202D, for "the Safety Director" substitute "Safe Transport Victoria". 7.85 In section 203(7)(a), for "the Safety Director" substitute "Safe Transport Victoria". 7.86 In the heading to section 204, for "Safety Director" substitute "Safe Transport Victoria". 7.87 In section 204-- (a) in subsections (1) and (2), for "the Safety Director" substitute "Safe Transport Victoria"; (b) in subsection (5), for "The Safety Director" substitute "Safe Transport Victoria". 7.88 In section 208(1), for "The Safety Director" substitute "Safe Transport Victoria". 7.89 In the heading to section 209, for "Safety Director" substitute "Safe Transport Victoria". 7.90 In section 209-- (a) in subsection (1), for "the Safety Director" substitute "Safe Transport Victoria"; 147 Transport Legislation Amendment Act 2023 No. of 2023 Schedule 1--Consequential amendments to Acts relating to Safe Transport Victoria (b) in subsection (2), for "the Safety Director" (where twice occurring) substitute "Safe Transport Victoria"; (c) in subsection (5), for "The Safety Director" substitute "Safe Transport Victoria". 7.91 In section 211(4), in paragraph (a) of the definition of applicable regulatory entity, for "the Safety Director" substitute "Safe Transport Victoria". 7.92 In the heading to section 212, for "Safety Director" substitute "Safe Transport Victoria". 7.93 In section 212-- (a) in subsections (1) and (2), for "the Safety Director" substitute "Safe Transport Victoria"; (b) in subsection (5), for "The Safety Director" substitute "Safe Transport Victoria". 7.94 In section 215-- (a) in subsection (1)(a), for "the Safety Director" substitute "Safe Transport Victoria"; (b) in subsections (2) and (3), for "The Safety Director" substitute "Safe Transport Victoria". 7.95 In section 216(1)-- (a) in paragraph (c), for "the Safety Director" substitute "Safe Transport Victoria"; (b) in paragraph (f), for "the Safety Director" (where twice occurring) substitute "Safe Transport Victoria". 7.96 In the heading to section 219, for "Safety Director" substitute "Safe Transport Victoria". 7.97 In section 219(1), for "the Safety Director" substitute "Safe Transport Victoria". 148 Transport Legislation Amendment Act 2023 No. of 2023 Schedule 1--Consequential amendments to Acts relating to Safe Transport Victoria 7.98 In section 220(4) and (5), for "the Safety Director" substitute "Safe Transport Victoria". 7.99 In section 221(2) and (5), for "the Safety Director" substitute "Safe Transport Victoria". 7.100 In section 223-- (a) in subsections (1) and (2)(a), for "the Safety Director" substitute "Safe Transport Victoria"; (b) in subsection (3), for "The Safety Director" substitute "Safe Transport Victoria". 7.101 In section 224-- (a) in subsections (1), (2) and (4), for "the Safety Director" (wherever occurring) substitute "Safe Transport Victoria"; (b) in subsection (5), for "The Safety Director" substitute "Safe Transport Victoria". 7.102 In section 225-- (a) in subsection (2)(a), for "the Safety Director" substitute "Safe Transport Victoria"; (b) in subsection (3), for "The Safety Director" substitute "Safe Transport Victoria". 7.103 In the heading to section 226, for "Safety Director" substitute "Safe Transport Victoria". 7.104 In section 226, for "the Safety Director" substitute "Safe Transport Victoria". 7.105 In the heading to section 227, for "Safety Director" substitute "Safe Transport Victoria". 7.106 In section 227-- (a) in subsections (1) and (3), for "The Safety Director" substitute "Safe Transport Victoria"; 149 Transport Legislation Amendment Act 2023 No. of 2023 Schedule 1--Consequential amendments to Acts relating to Safe Transport Victoria (b) in subsections (2) and (4), for "the Safety Director" substitute "Safe Transport Victoria". 7.107 In section 228-- (a) for "The Safety Director" substitute "Safe Transport Victoria"; (b) for "the Safety Director" substitute "Safe Transport Victoria"; (c) for "he or she" substitute "it". 7.108 In section 229(1)(b), (2)(d), (3)(b) and (4)(b), for "the Safety Director" substitute "Safe Transport Victoria". 7.109 In section 233(2), for "the Safety Director" substitute "Safe Transport Victoria". 7.110 In section 234(2), for "the Safety Director" (where twice occurring) substitute "Safe Transport Victoria". 7.111 In section 235(2)-- (a) for "The Safety Director" substitute "Safe Transport Victoria"; (b) for "the Safety Director" substitute "Safe Transport Victoria". 7.112 In section 240-- (a) in subsections (1) and (2)(a), for "the Safety Director" substitute "Safe Transport Victoria"; (b) in subsection (3), for "The Safety Director" substitute "Safe Transport Victoria". 7.113 In section 241-- (a) in subsection (1), for "the Safety Director" (where twice occurring) substitute "Safe Transport Victoria"; 150 Transport Legislation Amendment Act 2023 No. of 2023 Schedule 1--Consequential amendments to Acts relating to Safe Transport Victoria (b) in subsection (2), for "the Safety Director" substitute "Safe Transport Victoria". 7.114 In section 243, for "The Safety Director" substitute "Safe Transport Victoria". 7.115 In section 244-- (a) in subsection (1), for "The Safety Director" substitute "Safe Transport Victoria"; (b) in subsections (2)(f) and (3), for "the Safety Director" substitute "Safe Transport Victoria". 7.116 In the heading to section 245, for "the Safety Director" substitute "Safe Transport Victoria". 7.117 In section 245, for "the Safety Director" substitute "Safe Transport Victoria". 7.118 In the heading to section 247A, for "Safety Director" substitute "Safe Transport Victoria". 7.119 In section 247A, for "the Safety Director" (where twice occurring) substitute "Safe Transport Victoria". 7.120 In section 249(a), for "the Safety Director" substitute "Safe Transport Victoria". 7.121 In section 250, for "The Safety Director" substitute "Safe Transport Victoria". 7.122 In the note at the foot of section 250, for "the Safety Director" substitute "Safe Transport Victoria". 7.123 In section 251-- (a) in subsections (1) and (2)(a), for "the Safety Director" substitute "Safe Transport Victoria"; (b) in subsection (3), for "The Safety Director" substitute "Safe Transport Victoria". 151 Transport Legislation Amendment Act 2023 No. of 2023 Schedule 1--Consequential amendments to Acts relating to Safe Transport Victoria 7.124 In section 252, for "the Safety Director" (wherever occurring) substitute "Safe Transport Victoria". 7.125 In section 252A, for "The Safety Director" substitute "Safe Transport Victoria". 7.126 In section 253-- (a) in subsections (1) and (2)(a), for "the Safety Director" substitute "Safe Transport Victoria"; (b) in subsection (3), for "The Safety Director" substitute "Safe Transport Victoria". 7.127 In section 254, for "the Safety Director" (wherever occurring) substitute "Safe Transport Victoria". 7.128 In the heading to Division 1 of Part 8.1, for "The Safety Director" substitute "Safe Transport Victoria". 7.129 In the heading to section 258, for "the Safety Director" substitute "Safe Transport Victoria". 7.130 In section 258-- (a) in subsection (1), for "the Safety Director" substitute "Safe Transport Victoria"; (b) in the note at the foot of subsection (1), for "The Safety Director" substitute "Safe Transport Victoria"; (c) in subsection (2), for "The Safety Director" substitute "Safe Transport Victoria". 7.131 In the heading to section 259, for "the Safety Director" substitute "Safe Transport Victoria". 7.132 In section 259-- (a) in subsection (1)-- (i) for "the Director" substitute "Safe Transport Victoria"; 152 Transport Legislation Amendment Act 2023 No. of 2023 Schedule 1--Consequential amendments to Acts relating to Safe Transport Victoria (ii) for "the Safety Director" substitute "Safe Transport Victoria"; (iii) for "him or her to carry out his or her" substitute "Safe Transport Victoria to carry out its"; (b) in subsection (2), for "the Safety Director must not exercise any of his or her" substitute "Safe Transport Victoria must not exercise any of its". 7.133 In section 260-- (a) in subsections (1) and (3), for "The Safety Director" substitute "Safe Transport Victoria"; (b) in subsection (1), for "the Safety Director" substitute "Safe Transport Victoria". 7.134 In the heading to section 261, for "Safety Director" substitute "Safe Transport Victoria". 7.135 In section 261-- (a) in subsection (1), for "the Safety Director" substitute "Safe Transport Victoria"; (b) in subsection (2), for "The Safety Director" substitute "Safe Transport Victoria". 7.136 In the heading to section 262, for "Safety Director" substitute "Safe Transport Victoria". 7.137 In section 262-- (a) in subsection (1)(a) and (b), for "the Safety Director" substitute "Safe Transport Victoria"; (b) in subsections (1)(a) and (2), for "the Director" substitute "Safe Transport Victoria"; (c) in subsection (2), for "The Safety Director" substitute "Safe Transport Victoria". 153 Transport Legislation Amendment Act 2023 No. of 2023 Schedule 1--Consequential amendments to Acts relating to Safe Transport Victoria 7.138 In section 263-- (a) for "The Safety Director" substitute "Safe Transport Victoria"; (b) in paragraph (b), for "the Safety Director" substitute "Safe Transport Victoria". 7.139 In section 264-- (a) in subsections (1) and (2), for "The Safety Director" substitute "Safe Transport Victoria"; (b) for "the Safety Director" (wherever occurring) substitute "Safe Transport Victoria". 7.140 In section 265(1)(a) and (2)(a), for "the Safety Director" substitute "Safe Transport Victoria". 7.141 In section 266-- (a) in subsection (1), for "The Safety Director" substitute "Safe Transport Victoria"; (b) in subsection (2), for "the Safety Director" substitute "Safe Transport Victoria". 7.142 In section 267(2), for "The Safety Director" substitute "Safe Transport Victoria". 7.143 In the heading to section 268, for "Safety Director" substitute "Safe Transport Victoria". 7.144 In section 268(1), (2), (4) and (5), for "The Safety Director" substitute "Safe Transport Victoria". 7.145 In section 269-- (a) in subsection (1), for "The Safety Director" substitute "Safe Transport Victoria"; (b) in subsection (2), for "the Safety Director" substitute "Safe Transport Victoria". 154 Transport Legislation Amendment Act 2023 No. of 2023 Schedule 1--Consequential amendments to Acts relating to Safe Transport Victoria 7.146 In the heading to section 270, for "Safety Director" substitute "Safe Transport Victoria". 7.147 In section 270, for "the Safety Director" substitute "Safe Transport Victoria". 7.148 In section 271(1), for "the Safety Director" substitute "Safe Transport Victoria". 7.149 In section 271D(1), for "the Safety Director" substitute "Safe Transport Victoria". 7.150 In section 271E-- (a) in subsection (1), for "The Safety Director" substitute "Safe Transport Victoria"; (b) in subsection (2), for "the Safety Director's" substitute "Safe Transport Victoria's". 7.151 In section 271F-- (a) in subsections (1), (2) and (3)(a), for "the Safety Director" substitute "Safe Transport Victoria"; (b) in subsection (2), for "The Safety Director" substitute "Safe Transport Victoria". 7.152 In the heading to section 279, for "Safety Director" substitute "Safe Transport Victoria". 7.153 In section 279(1) and (3), for "The Safety Director" substitute "Safe Transport Victoria". 7.154 In the heading to section 280, for "Safety Director" substitute "Safe Transport Victoria". 7.155 In section 280-- (a) in subsection (1), for "The Safety Director" substitute "Safe Transport Victoria"; (b) in subsection (2), for "the Safety Director" substitute "Safe Transport Victoria"; 155 Transport Legislation Amendment Act 2023 No. of 2023 Schedule 1--Consequential amendments to Acts relating to Safe Transport Victoria (c) in subsection (3), for "the Safety Director" (where twice occurring) substitute "Safe Transport Victoria". 7.156 In the heading to section 281, for "Safety Director" substitute "Safe Transport Victoria". 7.157 In section 281-- (a) in subsections (1) and (2), for "The Safety Director" substitute "Safe Transport Victoria"; (b) in subsection (2), for "the Safety Director" substitute "Safe Transport Victoria". 7.158 In section 288(1)-- (a) in the definition of eligible person, in paragraph (c), for "the Safety Director" substitute "Safe Transport Victoria"; (b) in the definition of reviewable decision, for "the Safety Director" substitute "Safe Transport Victoria". 7.159 In section 289-- (a) for "the Safety Director" (wherever occurring) substitute "Safe Transport Victoria"; (b) in paragraphs (4), (7) and (9), for "The Safety Director" substitute "Safe Transport Victoria"; (c) in subsection (6), for "his or her" substitute "its"; (d) in subsection (9), for "he or she" substitute "it". 7.160 In section 290(1)(b), for "the Safety Director" substitute "Safe Transport Victoria". 156 Transport Legislation Amendment Act 2023 No. of 2023 Schedule 1--Consequential amendments to Acts relating to Safe Transport Victoria 7.161 In section 292-- (a) in subsection (1)(b), for "the Safety Director" substitute "Safe Transport Victoria"; (b) in subsection (2), for "the Safety Director" (where first occurring) substitute "Safe Transport Victoria"; (c) in subsection (2)(b), for "the Safety Director" substitute "Safe Transport Victoria". 7.162 In section 294(1) and (3), for "the Safety Director" (wherever occurring) substitute "Safe Transport Victoria". 7.163 In section 298A-- (a) in the definition of information protection agreement, for "the Safety Director" substitute "Safe Transport Victoria"; (b) in the definition of relevant person, in paragraphs (a) and (b), for "the Safety Director" substitute "Safe Transport Victoria". 7.164 In section 298B(1)(a)-- (a) for "the Safety Director" substitute "Safe Transport Victoria"; (b) for "the Safety Director's" substitute "Safe Transport Victoria's". 7.165 In section 298C(1), for "the Safety Director" substitute "Safe Transport Victoria". 7.166 In section 298D(2) and (3)-- (a) for "the Safety Director" (where twice occurring) substitute "Safe Transport Victoria"; (b) for "the Safety Director's" substitute "Safe Transport Victoria's". 157 Transport Legislation Amendment Act 2023 No. of 2023 Schedule 1--Consequential amendments to Acts relating to Safe Transport Victoria 7.167 In section 298E-- (a) in subsection (1), for "The Safety Director" substitute "Safe Transport Victoria"; (b) for "the Safety Director" (wherever occurring) substitute "Safe Transport Victoria". 7.168 In section 298F, for "the Safety Director" substitute "Safe Transport Victoria". 7.169 In the note at the foot of section 298F, for "The Safety Director" substitute "Safe Transport Victoria". 7.170 In section 298H, for "the Safety Director" substitute "Safe Transport Victoria". 7.171 In section 303(1), in the definition of authorised person, for "the Safety Director" (where twice occurring) substitute "Safe Transport Victoria". 7.172 In section 304(1), in the definition of relevant person, for "the Safety Director" substitute "Safe Transport Victoria". 7.173 In the heading to section 307, for "Safety Director" substitute "Safe Transport Victoria". 7.174 In section 307(1) and (2), for "The Safety Director" substitute "Safe Transport Victoria". 7.175 In section 309(1)(m) and (n) and (4), for "the Safety Director" substitute "Safe Transport Victoria". 7.176 In section 310(1)(a), (ab) and (b), for "the Safety Director" substitute "Safe Transport Victoria". 7.177 In the heading to Schedule 1, for "the Safety Director" substitute "Safe Transport Victoria". 158 Transport Legislation Amendment Act 2023 No. of 2023 Schedule 1--Consequential amendments to Acts relating to Safe Transport Victoria 7.178 In Schedule 1-- (a) in item 23, for "the Safety Director" (where twice occurring) substitute "Safe Transport Victoria"; (b) in item 24, for "the Safety Director" substitute "Safe Transport Victoria"; (c) in item 25, for "the Safety Director" substitute "Safe Transport Victoria"; (d) in item 26, for "the Safety Director" substitute "Safe Transport Victoria"; (e) in item 27, for "the Safety Director" substitute "Safe Transport Victoria"; (f) in item 30-- (i) in paragraph (a), for "the Safety Director" (where twice occurring) substitute "Safe Transport Victoria"; (ii) in paragraph (b), for "the Safety Director" substitute "Safe Transport Victoria". 7.179 In Schedule 2-- (a) in item 10A(d), for "the Safety Director" substitute "Safe Transport Victoria"; (b) in item 32, for "the Safety Director" substitute "Safe Transport Victoria"; (c) in item 33, for "the Safety Director" substitute "Safe Transport Victoria"; (d) in item 82, for "the Safety Director" (where twice occurring) substitute "Safe Transport Victoria". 159 Transport Legislation Amendment Act 2023 No. of 2023 Schedule 1--Consequential amendments to Acts relating to Safe Transport Victoria 8 Ombudsman Act 1973 8.1 In Schedule 1, for item 8 substitute-- "8 Office of Safe Chief Minister Transport Executive of administering Victoria Safe Transport Part 5 of the Victoria Transport Integration Act 2010". 8.2 In Schedule 3, for item 14 substitute-- "14 Safe Transport Victoria". 9 Port Management Act 1995 9.1 In section 3(1)-- (a) the definition of Director, Transport Safety is repealed; (b) in the definition of licensed harbour master, for "the Director, Transport Safety" substitute "Safe Transport Victoria"; (c) insert the following definition-- "Safe Transport Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;". 9.2 In section 44A(3)(c) and (e), for "the Director, Transport Safety" substitute "Safe Transport Victoria". 9.3 In section 55(2), for "the Director, Transport Safety" substitute "Safe Transport Victoria". 9.4 In section 73B(5), for "the Director, Transport Safety" substitute "Safe Transport Victoria". 9.5 In section 73ZC-- (a) in the definition of pilotage service standards, for "section 73ZK;" substitute "section 73ZK."; (b) the definition of Safety Director is repealed. 160 Transport Legislation Amendment Act 2023 No. of 2023 Schedule 1--Consequential amendments to Acts relating to Safe Transport Victoria 9.6 In section 73ZI(1), for "the Safety Director" substitute "Safe Transport Victoria". 9.7 In section 84(5), for "the Director, Transport Safety" substitute "Safe Transport Victoria". 9.8 In section 88A(1), for "the Director, Transport Safety" substitute "Safe Transport Victoria". 9.9 In section 91AA-- (a) in subsection (1), for "the Director, Transport Safety" substitute "Safe Transport Victoria"; (b) in subsection (2), for "The Director, Transport Safety" substitute "Safe Transport Victoria". 9.10 In section 93(1)(a), (c) and (d), for "the Director, Transport Safety" substitute "Safe Transport Victoria". 9.11 In section 117, for paragraph (b) of the definition of designated agency substitute-- "(b) Safe Transport Victoria;". 10 Public Administration Act 2004 10.1 Section 16(1)(ba) is repealed. 11 Rail Management Act 1996 11.1 In section 3(1), the definition of Safety Director is repealed. 12 Rail Safety National Law Application Act 2013 12.1 In section 3(1)-- (a) in the definition of Road Rules, for "1986;" substitute "1986."; (b) the definition of Safety Director is repealed. 13 Road Safety Act 1986 13.1 In section 3(1)-- (a) the definition of CPVC is repealed; 161 Transport Legislation Amendment Act 2023 No. of 2023 Schedule 1--Consequential amendments to Acts relating to Safe Transport Victoria (b) insert the following definition-- "Safe Transport Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;". 13.2 In section 33-- (a) in subsections (1), (2), (4), (10) and (11), for "The Head, Transport for Victoria" substitute "Safe Transport Victoria"; (b) in subsections (1), (2)(b), (5), (6)(b), (7)(b) and (c), (10), (13), (14)(b), 15(b) and (c) and (16), for "the Head, Transport for Victoria" (wherever occurring) substitute "Safe Transport Victoria"; (c) in subsection (2)(b), for "the Head, Transport for Victoria's" substitute "Safe Transport Victoria's". 13.3 In section 77-- (a) in subsection (2)(c), for "the CPVC" substitute "Safe Transport Victoria"; (b) in subsection (3), for "the CPVC" (where twice occurring) substitute "Safe Transport Victoria". 13.4 In section 84, for "the CPVC" (wherever occurring) substitute "Safe Transport Victoria". 13.5 In section 90I, the definition of Safety Director is repealed. 14 Spent Convictions Act 2021 14.1 In Table 1 at the foot of section 22, in column 1-- (a) for "Commercial Passenger Vehicle Commission" (where twice occurring) substitute "Safe Transport Victoria"; 162 Transport Legislation Amendment Act 2023 No. of 2023 Schedule 1--Consequential amendments to Acts relating to Safe Transport Victoria (b) for "Director, Transport Safety" (where twice occurring) substitute "Safe Transport Victoria". 15 Sustainable Forests (Timber) Act 2004 15.1 In section 3, in the definition of transport authority, in paragraph (d), for "the Director, Transport Safety" substitute "Safe Transport Victoria". 16 Taxation Administration Act 1997 16.1 In section 92(1)(e)(iic), for "the Commercial Passenger Vehicle Commission (established by section 115B of the Transport Integration Act 2010)" substitute "Safe Transport Victoria within the meaning of section 3 of the Transport Integration Act 2010". 17 Transport (Compliance and Miscellaneous) Act 1983 17.1 In section 2(1)-- (a) insert the following definitions-- "Chief Executive of Safe Transport Victoria means the person appointed as the Chief Executive of Safe Transport Victoria under section 115H of the Transport Integration Act 2010; Safe Transport Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;"; (b) the definitions of Commercial Passenger Vehicle Commission, CPVC and Safety Director are repealed; (c) in the definition of licensing authority, for "the Commercial Passenger Vehicle Commission" substitute "Safe Transport Victoria"; 163 Transport Legislation Amendment Act 2023 No. of 2023 Schedule 1--Consequential amendments to Acts relating to Safe Transport Victoria (d) in the definition of mandatory bus safety decision, in paragraphs (a), (b) and (c), for "the Safety Director" substitute "Safe Transport Victoria"; (e) in the definition of mandatory marine safety decision, in paragraphs (a) and (b), for "the Safety Director" substitute "Safe Transport Victoria". 17.2 In section 84(a)(iv), for "the Safety Director" substitute "Safe Transport Victoria". 17.3 In section 85A(c), for "the Safety Director" substitute "Safe Transport Victoria". 17.4 For section 212(1A)(ab) substitute-- "(ab) a person employed in Safe Transport Victoria appointed in writing by Safe Transport Victoria to issue infringement notices; or". 17.5 In section 225(1), in the definition of officer, in paragraph (a), for "the Commercial Passenger Vehicle Commission" substitute "Safe Transport Victoria". 17.6 In section 230(4)-- (a) for "chief executive officer of the Commercial Passenger Vehicle Commission" (where twice occurring) substitute "Chief Executive of Safe Transport Victoria"; (b) for "that Commission" substitute "Safe Transport Victoria". 164 Transport Legislation Amendment Act 2023 No. of 2023 Schedule 1--Consequential amendments to Acts relating to Safe Transport Victoria 18 Transport (Safety Schemes Compliance and Enforcement) Act 2014 18.1 In section 3-- (a) insert the following definitions-- "Chief Executive of Safe Transport Victoria means the person appointed as the Chief Executive of Safe Transport Victoria under section 115H of the Transport Integration Act 2010; Safe Transport Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;"; (b) the definition of Safety Director is repealed. 18.2 In section 6(5)(e), for "the Safety Director" substitute "Safe Transport Victoria". 18.3 In section 33-- (a) in subsections (1), (2), (3) and (5)(a), for "Safety Director" substitute "Chief Executive of Safe Transport Victoria"; (b) in subsections (4) and (8), for "Safety Director" (where twice occurring) substitute "Chief Executive of Safe Transport Victoria". 18.4 In section 34-- (a) in subsection (1), for "Safety Director" substitute "Chief Executive of Safe Transport Victoria"; (b) in subsections (2) and (4), for "Safety Director" (where twice occurring) substitute "Chief Executive of Safe Transport Victoria". 165 Transport Legislation Amendment Act 2023 No. of 2023 Schedule 1--Consequential amendments to Acts relating to Safe Transport Victoria 18.5 In section 38(1), for "Safety Director" substitute "Chief Executive of Safe Transport Victoria". 18.6 In section 39, for "Safety Director" substitute "Chief Executive of Safe Transport Victoria". 18.7 In section 50(3), for "the Safety Director" substitute "Safe Transport Victoria". 18.8 In section 54(1), for "the Safety Director" substitute "Safe Transport Victoria". 18.9 In section 55(1), for "the Safety Director" substitute "Safe Transport Victoria". 18.10 In section 56-- (a) in subsections (1) and (3), for "the Safety Director" substitute "Safe Transport Victoria"; (b) in subsection (2), for "The Safety Director" substitute "Safe Transport Victoria". 18.11 In section 64(1), for "the Safety Director" substitute "Safe Transport Victoria". 18.12 In section 65(1), for "the Safety Director" substitute "Safe Transport Victoria". 18.13 In section 66-- (a) in subsections (1), (3) and (4), for "the Safety Director" substitute "Safe Transport Victoria"; (b) in subsection (2), for "The Safety Director" substitute "Safe Transport Victoria". 18.14 In the heading to section 68, for "Safety Director" substitute "Safe Transport Victoria". 18.15 In section 68(2)-- (a) for "The Safety Director" substitute "Safe Transport Victoria"; 166 Transport Legislation Amendment Act 2023 No. of 2023 Schedule 1--Consequential amendments to Acts relating to Safe Transport Victoria (b) for "the Safety Director" substitute "Safe Transport Victoria"; (c) in subsection (2)(a), for "the Safety Director's" substitute "Safe Transport Victoria's". 18.16 In the heading to section 69, for "Safety Director" substitute "Safe Transport Victoria". 18.17 In section 69-- (a) in subsection (1)(a) and (b), for "the Safety Director" substitute "Safe Transport Victoria"; (b) in subsection (2), for "The Safety Director" substitute "Safe Transport Victoria". 18.18 In section 70-- (a) for "The Safety Director" substitute "Safe Transport Victoria"; (b) for "the Safety Director" substitute "Safe Transport Victoria". 18.19 In section 82(1) and (2), for "The Safety Director" substitute "Safe Transport Victoria". 18.20 In section 83, for "Safety Director" (wherever occurring) substitute "Chief Executive of Safe Transport Victoria". 18.21 In section 84-- (a) for "The Safety Director" substitute "Safe Transport Victoria"; (b) in paragraph (a), for "the Safety Director's" substitute "Safe Transport Victoria's". 18.22 In section 85-- (a) in paragraph (a), for "Safety Director's" substitute "Chief Executive of Safe Transport Victoria's"; 167 Transport Legislation Amendment Act 2023 No. of 2023 Schedule 1--Consequential amendments to Acts relating to Safe Transport Victoria (b) in paragraph (b), for "Safety Director" substitute "Chief Executive of Safe Transport Victoria". 18.23 In section 87-- (a) in subsections (1) and (3)(c), for "the Safety Director" (where twice occurring) substitute "Safe Transport Victoria"; (b) in subsection (2), for "The Safety Director" substitute "Safe Transport Victoria". 18.24 In section 88(1), for "the Safety Director" substitute "Safe Transport Victoria". 18.25 In section 89-- (a) in subsection (3), for "The Safety Director" substitute "Safe Transport Victoria"; (b) in subsection (4), for "the Safety Director" (where twice occurring) substitute "Safe Transport Victoria". 18.26 In section 90-- (a) in subsection (1), for "the Safety Director" substitute "Safe Transport Victoria"; (b) in subsection (2), for "The Safety Director" substitute "Safe Transport Victoria". 18.27 In the heading to section 100, for "Safety Director" substitute "Safe Transport Victoria". 18.28 In section 100-- (a) for "the Safety Director" (wherever occurring) substitute "Safe Transport Victoria"; (b) in subsections (2), (6) and (8), for "The Safety Director" substitute "Safe Transport Victoria"; 168 Transport Legislation Amendment Act 2023 No. of 2023 Schedule 1--Consequential amendments to Acts relating to Safe Transport Victoria (c) in subsection (5), for "the Safety Director's" substitute "Safe Transport Victoria's". 18.29 In the heading to section 101, for "Safety Director" substitute "Safe Transport Victoria". 18.30 In section 101-- (a) in subsection (1), for "The Safety Director" substitute "Safe Transport Victoria"; (b) in subsection (1)(a), for "the Safety Director's" substitute "Safe Transport Victoria's"; (c) in subsection (3), for "the Safety Director" (where twice occurring) substitute "Safe Transport Victoria". 18.31 In section 102(1)(a) and (b) and (2)(b), for "the Safety Director" substitute "Safe Transport Victoria". 18.32 In section 105(1)(a) and (b) and (4)(a), for "the Safety Director" substitute "Safe Transport Victoria". 18.33 In section 106(a), for "the Safety Director" substitute "Safe Transport Victoria". 18.34 In section 107(1), for "the Safety Director" substitute "Safe Transport Victoria". 18.35 In section 109(1), for "the Safety Director" substitute "Safe Transport Victoria". 18.36 In section 110, for "the Safety Director" (wherever occurring) substitute "Safe Transport Victoria". 18.37 In section 111(1) and (4)(a), for "the Safety Director" substitute "Safe Transport Victoria". 18.38 In section 112(1) and (2)(b), for "the Safety Director" substitute "Safe Transport Victoria". 18.39 In section 113(3)(a) and (c), for "the Safety Director" substitute "Safe Transport Victoria". 169 Transport Legislation Amendment Act 2023 No. of 2023 Schedule 1--Consequential amendments to Acts relating to Safe Transport Victoria 18.40 In section 114(c), for "the Safety Director" substitute "Safe Transport Victoria". 18.41 In the heading to Part 7, for "The Safety Director" substitute "Safe Transport Victoria". 18.42 In the heading to Division 1 of Part 7, for "The Safety Director" substitute "Safe Transport Victoria". 18.43 In the heading to section 115, for "Safety Director" substitute "Chief Executive of Safe Transport Victoria". 18.44 In section 115(1) and (2), for "Safety Director" substitute "Chief Executive of Safe Transport Victoria". 18.45 In section 116(1), for "The Safety Director" substitute "Safe Transport Victoria". 18.46 In section 117(1), for "The Safety Director" substitute "Safe Transport Victoria". 18.47 In section 118, for "the Safety Director" substitute "Safe Transport Victoria". 18.48 In the heading to section 121, for "Safety Director's" substitute "Safe Transport Victoria's". 18.49 In section 121(1), for "The Safety Director" substitute "Safe Transport Victoria". 18.50 In section 128(2)-- (a) for "The Safety Director" substitute "Safe Transport Victoria"; (b) for "the Safety Director" substitute "Safe Transport Victoria". 18.51 In section 131(2), in the definition of address for service, for "the Safety Director" substitute "Safe Transport Victoria". ═════════════ 170 Transport Legislation Amendment Act 2023 No. of 2023 Endnotes Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. Minister's second reading speech-- Legislative Assembly: Legislative Council: The long title for the Bill for this Act was "A Bill for an Act to amend the Bus Safety Act 2009, the Commercial Passenger Vehicle Industry Act 2017, the Marine (Domestic Commercial Vessel National Law Application) Act 2013, the Road Management Act 2004, the Road Safety Act 1986, the Sentencing Act 1991, the Transport Accident Act 1986, the Transport (Compliance and Miscellaneous) Act 1983, the Transport Integration Act 2010 and other Acts and for other purposes." By Authority. Government Printer for the State of Victoria. 171
[Index] [Search] [Download] [Related Items] [Help]