Transport Legislation Amendment (Public Transport Safety) Act 2011

Authorised by the Chief Parliamentary Counsel Authorised Version i Transport Legislation Amendment (Public Transport Safety) Act 2011 No. 49 of 2011 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purpose 1 2 Commencement 3 PART 2—AMENDMENT OF TRANSPORT INTEGRATION ACT 2010 4 3 New Part 7A inserted 4 PART 7A—CONFLICT BETWEEN DECISIONS OF DIRECTOR, TRANSPORT SAFETY AND ROAD AUTHORITY 4 197A Definitions 4 197B Resolution of conflict by regulators 5 197C Determination by the Minister or Ministers 6 197D Regulators subject to guidelines and directions 7 197E Guidelines 8 PART 3—AMENDMENT OF TRANSPORT (COMPLIANCE AND MISCELLANEOUS) ACT 1983 9 Division 1—Amendment relating to safety work infringements 9 4 Definitions 9 Division 2—Amendment relating to notification of incidents involving authorised officers 9 5 Notifications 9 -- 1 of 34 -- Section Page ii Authorised by the Chief Parliamentary Counsel Division 3—Amendments relating to improvement notices for the contravention of a condition of accreditation 10 6 New sections 228QA, 228QB and 228QC inserted 10 228QA Improvement notices 10 228QB Formal irregularities or defects in notice 12 228QC Proceedings for offences not affected by improvement notices 12 7 Tribunal reviews 13 Division 4—Amendments relating to the accreditation of drivers of commercial minibus services 13 8 Definitions 13 9 Public care objective 13 10 Offence to drive certain vehicles without accreditation 13 11 Director's power to accredit persons 14 12 Tests, qualifications and other requirements 14 13 Operator must not permit non-accredited driver to drive commercial passenger vehicle etc. 14 14 Holder of accreditation must not permit non-accredited driver to drive commercial passenger vehicle etc. 14 PART 4—AMENDMENT OF RAIL SAFETY ACT 2006 15 Division 1—Amendments relating to safety management systems 15 15 Rail operator must consult before establishing safety management system 15 16 Rail operator to have in place a safety management system 15 17 Rail operator must comply with a safety management system 16 18 Provision of access to SMS to Safety Director or transport safety officer 16 19 New section 28B inserted 16 28B Requirements of exempted rail operator 16 20 New section 107A inserted 17 107A Systems and arrangements for exempt rail operators 17 Division 2—Amendments relating to loading and unloading rolling stock 18 21 Rail safety work 18 22 New section 23A inserted 18 23A Duty of persons engaged in loading and unloading rolling stock 18 Division 3—Amendments relating to reciprocal powers of rail safety officers 19 23 New section 104A inserted 19 104A Reciprocal powers of rail safety officers 19 -- 2 of 34 -- Section Page iii Authorised by the Chief Parliamentary Counsel PART 5—AMENDMENT OF BUS SAFETY ACT 2009 21 Division 1—Amendments relating to drivers providing community and private bus services 21 24 Registration of operator of bus services that are not commercial bus services or local bus services 21 25 New section 22A inserted 22 22A Offences relating to operation of bus service required to be registered 22 26 Review by VCAT 24 Division 2—Amendments relating to bus safety inspections 24 27 Bus safety inspections 24 Division 3—Amendments relating to offences involving fraud or dishonesty 25 28 Definitions 25 29 Accreditation application to be refused in certain circumstances 26 30 Accreditation may be refused in certain circumstances 26 Division 4—Amendments relating to accreditation of drivers of commercial minibus services and for the purpose of statute law revision 27 31 Definitions 27 32 Bus services and bus safety work 28 PART 6—AMENDMENT OF BUS SERVICES ACT 1995 29 33 Definitions 29 PART 7—REPEAL OF AMENDING ACT 30 34 Repeal of amending Act 30 ═══════════════ ENDNOTES 31 -- 3 of 34 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Transport Legislation Amendment (Public Transport Safety) Act 2011 † No. 49 of 2011 [Assented to 22 September 2011] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purpose The purposes of this Act are— (a) to amend the Transport Integration Act 2010 to provide a mechanism for the resolution of conflicts arising from the exercise by the Director, Transport Safety and a road authority of their respective statutory functions; and Victoria -- 4 of 34 -- Part 1—Preliminary Transport Legislation Amendment (Public Transport Safety) Act 2011 No. 49 of 2011 2 Authorised by the Chief Parliamentary Counsel (b) to promote public transport safety by amending the Transport (Compliance and Miscellaneous) Act 1983 and the Rail Safety Act 2006 to— (i) provide a shorter period in which incidents involving authorised officers are to be reported by passenger transport companies; and (ii) establish an improvement notice scheme for the management of authorised officers by passenger transport companies; and (iii) require the accreditation of drivers of commercial minibus services; and (iv) require that the loading and unloading of goods or freight onto or from rolling stock be carried out safely; and (v) enable the Minister to enter into an agreement with a Minister of another jurisdiction for the exercise of reciprocal powers of rail safety officers of each jurisdiction; and (c) to limit the regulatory burden on transport operators by amending the Rail Safety Act 2006 and the Bus Safety Act 2009 to— (i) provide that the requirement to prepare and maintain a safety management system applies only to accredited rail operators; and (ii) permit the operators of community and private bus services to use drivers who hold a probationary driver licence; and (iii) provide greater flexibility in the scheduling of compulsory bus safety inspections; and s. 1 -- 5 of 34 -- Part 1—Preliminary Transport Legislation Amendment (Public Transport Safety) Act 2011 No. 49 of 2011 3 Authorised by the Chief Parliamentary Counsel (iv) give the Director, Transport Safety greater discretion in determining whether or not a person is suitable to be accredited as a bus operator; and (d) to make other minor amendments to the following Acts to improve their operation— (i) the Transport (Compliance and Miscellaneous) Act 1983; (ii) the Bus Safety Act 2009; (iii) the Bus Services Act 1995. 2 Commencement (1) This Act comes into operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation before 1 September 2012, it comes into operation on that day. __________________ s. 2 -- 6 of 34 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment (Public Transport Safety) Act 2011 No. 49 of 2011 4 Authorised by the Chief Parliamentary Counsel PART 2—AMENDMENT OF TRANSPORT INTEGRATION ACT 2010 3 New Part 7A inserted After Part 7 of the Transport Integration Act 2010 insert— "PART 7A—CONFLICT BETWEEN DECISIONS OF DIRECTOR, TRANSPORT SAFETY AND ROAD AUTHORITY 197A Definitions In this Part— decision, of a regulator, includes any determination made, or direction given, by the regulator in the performance of its statutory functions and duties but does not include a direction given by the Director, Transport Safety under Division 2 of Part 4 of the Rail Safety Act 2006; regulated body means— (a) an operator within the meaning of the Bus Safety Act 2009; (b) a rail operator within the meaning of the Rail Safety Act 2006; regulator, in relation to an activity carried out by a regulated body, means— (a) the Director, Transport Safety; or (b) a road authority; road authority has the same meaning as it has in the Road Management Act 2004. s. 3 See: Act No. 6/2010. Reprint No. 1 as at 1 September 2010 and amending Act Nos 13/2009, 6/2010, 54/2010, 65/2010 and 79/2010. LawToday: www. legislation. vic.gov.au -- 7 of 34 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment (Public Transport Safety) Act 2011 No. 49 of 2011 5 Authorised by the Chief Parliamentary Counsel 197B Resolution of conflict by regulators (1) This section applies if— (a) a regulated body is subject to the decisions of— (i) the Director, Transport Safety; and (ii) a road authority; and (b) in carrying out a particular activity, it is not possible for the regulated body to comply both with— (i) a decision of the Director, Transport Safety made in relation to the activity; and (ii) a decision of the road authority made in relation to the activity. (2) The regulated body must notify each of the regulators and the Secretary that it is not possible for the regulated body to carry out the activity and comply with both of the regulators' decisions. (3) As soon as practicable after a notification is given under subsection (2), the regulators or their representatives must meet and each regulator must give reasonable consideration to the extent, if any, that its original decision may be varied in order that the regulated body may carry out the activity and comply with the decisions of both regulators. (4) The Secretary may— (a) chair the meeting, or any subsequent meeting held pursuant to subsection (3); and s. 3 -- 8 of 34 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment (Public Transport Safety) Act 2011 No. 49 of 2011 6 Authorised by the Chief Parliamentary Counsel (b) give reasonable directions about the meeting and any subsequent meeting to the Director, Transport Safety, the road authority or both. 197C Determination by the Minister or Ministers (1) This section applies if— (a) a notification has been given under section 197B(2); and (b) either— (i) the Secretary is satisfied that the respective statutory functions and duties of the regulators prevent them from varying their decisions to the extent necessary to enable the regulated body to comply with both; or (ii) 28 days have elapsed since the notification and the regulators have not been able to agree to variations to either or both of their decisions to the extent necessary to enable the regulated body to comply with both. (2) The Secretary must refer the matter to the Minister or Ministers administering— (a) this Act; and (b) the Road Management Act 2004. (3) The Minister, or Ministers, (as the case requires) must determine which (if any) decision of the regulators the regulated body must comply with. s. 3 -- 9 of 34 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment (Public Transport Safety) Act 2011 No. 49 of 2011 7 Authorised by the Chief Parliamentary Counsel (4) If the effect of a determination by the Minister or Ministers under subsection (3) is that— (a) a regulated body need not comply with the decision of the Director, Transport Safety—the Minister administering this Act must direct the Director, Transport Safety to revoke that decision to the extent that it is inconsistent with the decision of the road authority; (b) a regulated body need not comply with the decision of a road authority—the Minister administering the Road Management Act 2004 must direct the road authority to revoke that decision to the extent that it is inconsistent with the decision of the Director, Transport Safety. 197D Regulators subject to guidelines and directions (1) A road authority and the Director, Transport Safety must— (a) comply with any guidelines issued under section 197E; and (b) comply with any directions given by the Secretary under section 197B(4)(b); and (c) despite any other provision of this Act or any other Act, comply with any direction given by a Minister under section 197C(4). (2) Subsection (1) has effect despite section 194. s. 3 -- 10 of 34 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment (Public Transport Safety) Act 2011 No. 49 of 2011 8 Authorised by the Chief Parliamentary Counsel 197E Guidelines The Minister or Ministers referred to in section 197C(2) may issue guidelines providing for mechanisms, processes and procedures to be adopted for the purposes of section 197B. __________________". __________________ s. 3 -- 11 of 34 -- Part 3—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Public Transport Safety) Act 2011 No. 49 of 2011 9 Authorised by the Chief Parliamentary Counsel PART 3—AMENDMENT OF TRANSPORT (COMPLIANCE AND MISCELLANEOUS) ACT 1983 Division 1—Amendment relating to safety work infringements 4 Definitions In section 208 of the Transport (Compliance and Miscellaneous) Act 1983, in paragraph (a) of the definition of safety work infringement, for "0·15 grams per 100 millilitres of blood or 210 litres of exhaled air" substitute "0·015 grams per 100 millilitres of blood or 0·015 grams per 210 litres of exhaled air". Division 2—Amendment relating to notification of incidents involving authorised officers 5 Notifications (1) In section 228H(1) of the Transport (Compliance and Miscellaneous) Act 1983, for "14 days after the day on which" substitute "48 hours after". (2) At the foot of section 228H(1) of the Transport (Compliance and Miscellaneous) Act 1983, insert— "Note See section 44(3) of the Interpretation of Legislation Act 1984 which addresses the situation where a time period ends on a weekend or public holiday.". s. 4 See: Act No. 9921 Reprint No. 15 as at 1 July 2010 and amending Act Nos 13/2009, 93/2009, 16/2010, 19/2010, 45/2010, 52/2010, 65/2010, 75/2010 and 79/2010. LawToday: www. legislation. vic.gov.au -- 12 of 34 -- Part 3—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Public Transport Safety) Act 2011 No. 49 of 2011 10 Authorised by the Chief Parliamentary Counsel Division 3—Amendments relating to improvement notices for the contravention of a condition of accreditation 6 New sections 228QA, 228QB and 228QC inserted After section 228Q of the Transport (Compliance and Miscellaneous) Act 1983 insert— "228QA Improvement notices (1) This section applies if the Secretary believes on reasonable grounds— (a) a passenger transport company is contravening a condition of accreditation; and (b) the contravention is occurring, or has occurred, in circumstances that make it likely the contravention will continue or be repeated. (2) The Secretary may serve on the passenger transport company an improvement notice requiring the company to remedy the contravention or likely contravention, or the matters or activities causing the contravention or likely contravention, within the period of time specified in the notice. (3) An improvement notice must— (a) state the basis for the Secretary's belief on which the service of the notice is based; and (b) specify the condition or provision that the Secretary believes has been or is likely to be contravened; and (c) specify a date (with or without time) by which the passenger transport company is required to remedy the contravention or likely contravention or the matters or s. 6 -- 13 of 34 -- Part 3—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Public Transport Safety) Act 2011 No. 49 of 2011 11 Authorised by the Chief Parliamentary Counsel activities causing the contravention or likely contravention that the Secretary considers reasonable having regard to the objective of accreditation and the nature of the contravention or likely contravention; and (d) set out the penalty for failing to comply with the notice; and (e) include a statement of the effect of section 228QC (proceedings for offences not affected by improvement notices); and (f) state that the notice is served under this section; and (g) state how the passenger transport company may seek review of the service of the notice. (4) An improvement notice may include directions concerning the measures to be taken to remedy the contravention or likely contravention, or the matters or activities causing the contravention or likely contravention, to which the notice relates. (5) Without limiting subsection (4), an improvement notice may include— (a) a direction that, if the passenger transport company has not remedied the contravention, likely contravention, matters or activities (as the case may be) by the date and time (if any) specified in the notice, an activity to which the notice relates is to cease until the Secretary has certified in writing that the contravention or likely contravention has, or the matters or activities have, been remedied; and s. 6 -- 14 of 34 -- Part 3—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Public Transport Safety) Act 2011 No. 49 of 2011 12 Authorised by the Chief Parliamentary Counsel (b) interim directions, or interim conditions, on the carrying out of any activities to which the notice relates that the Secretary considers necessary to promote the safety, comfort, amenity or convenience of persons using the services provided by the company. (6) A passenger transport company on whom an improvement notice is served must comply with the notice. Penalty: 100 penalty units. 228QB Formal irregularities or defects in notice An improvement notice is not invalid merely because of— (a) a formal defect or irregularity in the notice unless the defect or irregularity causes or is likely to cause substantial injustice; or (b) a failure to use the correct name of the passenger transport company on whom the notice is served if the notice sufficiently identifies the company and is served in accordance with section 251. 228QC Proceedings for offences not affected by improvement notices The service of an improvement notice does not affect any proceedings for an offence against this Act or the regulations in connection with any matter in respect of which the notice was served.". s. 6 -- 15 of 34 -- Part 3—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Public Transport Safety) Act 2011 No. 49 of 2011 13 Authorised by the Chief Parliamentary Counsel 7 Tribunal reviews After section 228R(1)(a) of the Transport (Compliance and Miscellaneous) Act 1983 insert— "(ab) the service of an improvement notice for a contravention by that company of a condition of its accreditation; or". Division 4—Amendments relating to the accreditation of drivers of commercial minibus services 8 Definitions In section 86(1) of the Transport (Compliance and Miscellaneous) Act 1983 insert the following definitions— "commercial bus service has the same meaning as it has in the Bus Safety Act 2009; commercial minibus service has the same meaning as it has in the Bus Safety Act 2009; local bus service has the same meaning as it has in the Bus Safety Act 2009;". 9 Public care objective In section 164(1) of the Transport (Compliance and Miscellaneous) Act 1983 after "commercial bus services" insert ", commercial minibus services". 10 Offence to drive certain vehicles without accreditation For section 165(1)(b) of the Transport (Compliance and Miscellaneous) Act 1983 substitute— "(b) a bus used to provide a commercial bus service, a commercial minibus service or a local bus service—". s. 7 -- 16 of 34 -- Part 3—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Public Transport Safety) Act 2011 No. 49 of 2011 14 Authorised by the Chief Parliamentary Counsel 11 Director's power to accredit persons For section 166(1)(b) of the Transport (Compliance and Miscellaneous) Act 1983 substitute— "(b) a bus used to provide a commercial bus service, a commercial minibus service or a local bus service.". 12 Tests, qualifications and other requirements For section 167(1C)(b)(ii) of the Transport (Compliance and Miscellaneous) Act 1983 substitute— "(ii) a bus used to provide a commercial bus service, a commercial minibus service or a local bus service.". 13 Operator must not permit non-accredited driver to drive commercial passenger vehicle etc. In section 169WA of the Transport (Compliance and Miscellaneous) Act 1983 in the definition of relevant operator— (a) in paragraph (b) for "taxi-cab); or" substitute "taxi-cab)."; (b) paragraph (c) is repealed. 14 Holder of accreditation must not permit non- accredited driver to drive commercial passenger vehicle etc. In section 169WB(1)(b) of the Transport (Compliance and Miscellaneous) Act 1983 after "commercial bus service" insert ", a commercial minibus service". __________________ s. 11 -- 17 of 34 -- Part 4—Amendment of Rail Safety Act 2006 Transport Legislation Amendment (Public Transport Safety) Act 2011 No. 49 of 2011 15 Authorised by the Chief Parliamentary Counsel PART 4—AMENDMENT OF RAIL SAFETY ACT 2006 Division 1—Amendments relating to safety management systems 15 Rail operator must consult before establishing safety management system (1) In the heading to section 26 of the Rail Safety Act 2006 for "Rail operator" substitute "Accredited rail operator". (2) In section 26 of the Rail Safety Act 2006— (a) for "A rail operator" substitute "An accredited rail operator"; (b) for "the rail operator" (wherever occurring) substitute "the accredited rail operator". 16 Rail operator to have in place a safety management system (1) In the heading to section 27 of the Rail Safety Act 2006 for "Rail operator" substitute "Accredited rail operator". (2) In section 27(1) of the Rail Safety Act 2006— (a) for "A rail operator" substitute "An accredited rail operator"; (b) for "the rail operator" substitute "the accredited rail operator". s. 15 See: Act No. 9/2006. Reprint No. 1 as at 21 August 2008 and amending Act Nos 69/2007, 77/2008, 13/2009, 26/2009, 68/2009, 69/2009, 74/2009, 6/2010, 13/2010 and 19/2010. LawToday: www. legislation. vic.gov.au -- 18 of 34 -- Part 4—Amendment of Rail Safety Act 2006 Transport Legislation Amendment (Public Transport Safety) Act 2011 No. 49 of 2011 16 Authorised by the Chief Parliamentary Counsel 17 Rail operator must comply with a safety management system (1) In the heading to section 28 of the Rail Safety Act 2006 for "Rail operator" substitute "Accredited rail operator". (2) In section 28(1) of the Rail Safety Act 2006— (a) for "A rail operator" substitute "An accredited rail operator"; (b) for "the rail operator" substitute "the accredited rail operator". 18 Provision of access to SMS to Safety Director or transport safety officer (1) In section 28A(1) of the Rail Safety Act 2006— (a) for "a rail operator" substitute "an accredited rail operator"; (b) for "the rail operator" (wherever occurring) substitute "the accredited rail operator". (2) In section 28A(2) of the Rail Safety Act 2006 for "A rail operator" substitute "An accredited rail operator". 19 New section 28B inserted After section 28A of the Rail Safety Act 2006 insert— "28B Requirements of exempted rail operator (1) A rail operator who holds an exemption granted under section 63 must establish a system and arrangements to ensure the safe management of the rail operations the rail operator carries out. s. 17 -- 19 of 34 -- Part 4—Amendment of Rail Safety Act 2006 Transport Legislation Amendment (Public Transport Safety) Act 2011 No. 49 of 2011 17 Authorised by the Chief Parliamentary Counsel (2) A rail operator referred to in subsection (1) must establish and maintain a system and arrangements that comply with subsection (4). Penalty: In the case of a natural person, 1800 penalty units. In the case of a body corporate, 9000 penalty units. (3) An offence against subsection (2) is an indictable offence. Note However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009). (4) The system and arrangements must— (a) be documented; and (b) be so set out and expressed that their contents are readily accessible and comprehensible to persons who use them; and (c) contain the matters and information required by the regulations.". 20 New section 107A inserted After section 107 of the Rail Safety Act 2006 insert— "107A Systems and arrangements for exempt rail operators The Governor in Council may make regulations for or with respect to— (a) the matters and information that must be contained in the system and arrangements required to be established and maintained by a rail operator under section 28B; s. 20 -- 20 of 34 -- Part 4—Amendment of Rail Safety Act 2006 Transport Legislation Amendment (Public Transport Safety) Act 2011 No. 49 of 2011 18 Authorised by the Chief Parliamentary Counsel (b) requiring a rail operator to review and revise the system and arrangements referred to in paragraph (a).". Division 2—Amendments relating to loading and unloading rolling stock 21 Rail safety work Section 7(ca) of the Rail Safety Act 2006 is repealed. 22 New section 23A inserted After section 23 of the Rail Safety Act 2006 insert— "23A Duty of persons engaged in loading and unloading rolling stock (1) A person who loads goods or freight onto, or unloads goods or freight from, rolling stock in connection with the transport of those goods or freight by rail must, so far as is reasonably practicable, ensure that the loading or unloading is carried out safely. Penalty: In the case of a natural person, 1800 penalty units. In the case of a body corporate, 9000 penalty units. (2) An offence against subsection (1) is an indictable offence. Note However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009).". s. 21 -- 21 of 34 -- Part 4—Amendment of Rail Safety Act 2006 Transport Legislation Amendment (Public Transport Safety) Act 2011 No. 49 of 2011 19 Authorised by the Chief Parliamentary Counsel Division 3—Amendments relating to reciprocal powers of rail safety officers 23 New section 104A inserted After section 104 of the Rail Safety Act 2006 insert— "104A Reciprocal powers of rail safety officers (1) This section has effect in relation to another jurisdiction while there is in force a corresponding rail safety law that contains provisions corresponding to this section. (2) The Minister may enter into an agreement with a Minister of another jurisdiction for the purposes of this section, including an agreement to amend or revoke any such agreement. (3) To the extent envisaged by an agreement— (a) transport safety officers of this jurisdiction may exercise functions conferred on rail safety officers of the other jurisdiction under the corresponding rail safety law of that other jurisdiction; and (b) rail safety officers of that other jurisdiction may exercise functions conferred on transport safety officers under this Act. (4) Anything done or omitted to be done by a transport safety officer of this jurisdiction under subsection (3) is taken to have been done under this Act as well as under the corresponding rail safety law. (5) The regulations may make provision for or with respect to the exercise of functions under this section. s. 23 -- 22 of 34 -- Part 4—Amendment of Rail Safety Act 2006 Transport Legislation Amendment (Public Transport Safety) Act 2011 No. 49 of 2011 20 Authorised by the Chief Parliamentary Counsel (6) Nothing in this section affects the appointment under section 228T of the Transport (Compliance and Miscellaneous) Act 1983 of persons as transport safety officers for the purposes of this Act. (7) In this section— corresponding rail safety law means— (a) the law of another jurisdiction corresponding, or substantially corresponding, to this Act; or (b) a law of another jurisdiction that is declared under the regulations to be a corresponding rail safety law; rail safety officer, of another jurisdiction, means an officer appointed under a law of that jurisdiction with functions corresponding to those of a transport safety officer in relation to rail safety.". __________________ s. 23 -- 23 of 34 -- Part 5—Amendment of Bus Safety Act 2009 Transport Legislation Amendment (Public Transport Safety) Act 2011 No. 49 of 2011 21 Authorised by the Chief Parliamentary Counsel PART 5—AMENDMENT OF BUS SAFETY ACT 2009 Division 1—Amendments relating to drivers providing community and private bus services 24 Registration of operator of bus services that are not commercial bus services or local bus services (1) After section 22(5) of the Bus Safety Act 2009 insert— "(5A) If the Safety Director registers an operator to operate a community and private bus service and is satisfied that the bus service can be safely operated with drivers who hold a probationary driving licence, the Safety Director may permit the operator to use such drivers subject to any conditions reasonably imposed by the Safety Director. (5B) A permission given under subsection (5A) and any conditions to which that permission is subject must be specified on the certificate of registration issued to the operator of the bus service.". (2) In section 22(6) of the Bus Safety Act 2009— (a) in paragraph (c)(iii) for "service." substitute "service;"; (b) after paragraph (c)(iii) insert— "(d) any conditions imposed by the Safety Director under subsection (5A).". (3) Sections 22(7), 22(8), 22(9) and 22(10) of the Bus Safety Act 2009 are repealed. s. 24 See: Act No. 13/2009. Reprint No. 1 as at 1 January 2011 and amending Act No. 13/2009. LawToday: www. legislation. vic.gov.au -- 24 of 34 -- Part 5—Amendment of Bus Safety Act 2009 Transport Legislation Amendment (Public Transport Safety) Act 2011 No. 49 of 2011 22 Authorised by the Chief Parliamentary Counsel 25 New section 22A inserted After section 22 of the Bus Safety Act 2009 insert— "22A Offences relating to operation of bus service required to be registered (1) An operator of a bus service which is not a commercial bus service or a local bus service must not operate the bus service unless the operator is registered. Penalty: In the case of a natural person, 60 penalty units. In the case of a body corporate, 300 penalty units. (2) A registered bus operator must comply with the conditions specified in section 22(6). Penalty: In the case of a natural person, 60 penalty units. In the case of a body corporate, 300 penalty units. (3) A bus operator who is registered in respect of a commercial minibus service must ensure that a person driving a bus for that bus service is the holder of a driver accreditation under Division 5 of Part VI of the Transport (Compliance and Miscellaneous) Act 1983 to drive that bus. Penalty: 60 penalty units. (4) A registered bus operator must ensure that a person driving a motor vehicle that is a bus for the bus service in respect of which the operator is registered holds an appropriate driver licence for the category of motor s. 25 -- 25 of 34 -- Part 5—Amendment of Bus Safety Act 2009 Transport Legislation Amendment (Public Transport Safety) Act 2011 No. 49 of 2011 23 Authorised by the Chief Parliamentary Counsel vehicle that person is driving for the registered bus operator. Penalty: 60 penalty units. (5) In subsection (4)— appropriate driver licence, for a category of motor vehicle, means— (a) if the bus service is a community and private bus service and the registered bus operator has been given permission under section 22(5A) to use drivers who hold a probationary driver licence for that service— (i) a full driver licence for that category of motor vehicle; or (ii) a probationary driver licence for that category of motor vehicle; or (iii) a driver licence issued in another jurisdiction that is equivalent to a licence specified in subparagraph (i) or (ii); (b) in any other case— (i) a full driver licence for that category of motor vehicle; or (ii) a driver licence issued in another jurisdiction that is equivalent to the licence specified in subparagraph (i); full driver licence has the same meaning as it has in the Road Safety Act 1986; s. 25 -- 26 of 34 -- Part 5—Amendment of Bus Safety Act 2009 Transport Legislation Amendment (Public Transport Safety) Act 2011 No. 49 of 2011 24 Authorised by the Chief Parliamentary Counsel probationary driver licence has the same meaning as it has in the Road Safety Act 1986.". 26 Review by VCAT In section 58(1) of the Bus Safety Act 2009— (a) in paragraph (f) for "accreditation." substitute "accreditation;"; (b) after paragraph (f) insert— "(g) refuse to give, or revoke, permission under section 22(5A) to use drivers who hold probationary driver licences to drive buses for a registered bus service.". Division 2—Amendments relating to bus safety inspections 27 Bus safety inspections After section 19(1) of the Bus Safety Act 2009 insert— "(1A) If a bus is required under subsection (1) to undergo an annual bus safety inspection, each annual inspection must be conducted not earlier than 14 days before, and not later than 14 days after, the anniversary of the date on which the first inspection is conducted. (1B) For the purposes of subsection (1A), the first inspection of the bus is the first inspection following the accreditation of the bus operator or, if the bus is acquired after that accreditation, the first inspection following its acquisition.". s. 26 -- 27 of 34 -- Part 5—Amendment of Bus Safety Act 2009 Transport Legislation Amendment (Public Transport Safety) Act 2011 No. 49 of 2011 25 Authorised by the Chief Parliamentary Counsel Division 3—Amendments relating to offences involving fraud or dishonesty 28 Definitions (1) In section 3(1) of the Bus Safety Act 2009, in the definition of tier 2 offence, after paragraph (g) insert— "(ga) an applicable pre-1973 fraud or dishonesty offence; or (gb) a specified indictable fraud or dishonesty offence; or". (2) In section 3(1) of the Bus Safety Act 2009 insert the following definitions— "applicable pre-1973 fraud or dishonesty offence means the offence at common law of larceny abolished by section 3(1) of the Crimes (Theft) Act 1973; specified indictable fraud or dishonesty offence means any of the following indictable offences involving fraud or dishonesty— (a) an offence against section 74, 81, 82, 83A or 88 of the Crimes Act 1958; (b) an offence against section 181 of the Crimes Act 1958 that involves knowingly aiding, abetting, counselling, procuring or attempting or taking part in or in any way being privy to an offence referred to in paragraph (a); (c) an offence against section 131.1, 132.1, 132.6, 132.7, 132.8, 134.1, 134.2 or 135.1 of the Criminal Code of the Commonwealth; s. 28 -- 28 of 34 -- Part 5—Amendment of Bus Safety Act 2009 Transport Legislation Amendment (Public Transport Safety) Act 2011 No. 49 of 2011 26 Authorised by the Chief Parliamentary Counsel (d) an offence under a law or a jurisdiction other than Victoria or the Commonwealth (including jurisdictions outside Australia) that, if it had been committed in Victoria, would have constituted an offence of a kind listed in this definition;". 29 Accreditation application to be refused in certain circumstances For section 27(1)(a)(i) of the Bus Safety Act 2009 substitute— "(i) has been found guilty of a tier 1 offence (other than a specified indictable fraud or dishonesty offence) at any time before the application for accreditation; or (ia) has been found guilty in the 10 years before the application for accreditation of a tier 1 offence that is a specified indictable fraud or dishonesty offence; or". 30 Accreditation may be refused in certain circumstances For section 28(1) of the Bus Safety Act 2009 substitute— "(1) The Safety Director must refuse to accredit the operator of a commercial bus service or local bus service if the Safety Director believes on reasonable grounds that the applicant for accreditation or a relevant person has been found guilty of— (a) a tier 2 offence (other than an applicable pre-1973 fraud or dishonesty offence or a specified indictable fraud or dishonesty offence) at any time before the application for accreditation; or s. 29 -- 29 of 34 -- Part 5—Amendment of Bus Safety Act 2009 Transport Legislation Amendment (Public Transport Safety) Act 2011 No. 49 of 2011 27 Authorised by the Chief Parliamentary Counsel (b) an applicable pre-1973 fraud or dishonesty offence or a specified indictable fraud or dishonesty offence more than 10 years before the application for accreditation— unless the applicant can demonstrate to the Safety Director that accreditation is appropriate in the circumstances.". Division 4—Amendments relating to accreditation of drivers of commercial minibus services and for the purpose of statute law revision 31 Definitions (1) The example at the foot of the definition of local bus service in section 3(1) of the Bus Safety Act 2009 is repealed. (2) In section 3(1) of the Bus Safety Act 2009 insert the following definitions— "commercial minibus service means— (a) a route service, if that bus service operates a bus built with seating for 10, 11 or 12 adults (including the driver) to provide that service; (b) a demand responsive bus service, if that bus service operates a bus built with seating for 10, 11 or 12 adults (including the driver) to provide that service; (c) a tour and charter bus service, if that bus service operates a bus built with seating for 10, 11 or 12 adults (including the driver) to provide that service; highway has the same meaning as it has in the Road Safety Act 1986; s. 31 -- 30 of 34 -- Part 5—Amendment of Bus Safety Act 2009 Transport Legislation Amendment (Public Transport Safety) Act 2011 No. 49 of 2011 28 Authorised by the Chief Parliamentary Counsel motor vehicle means a motor vehicle within the meaning of the Road Safety Act 1986 and includes a trailer attached to the motor vehicle;". 32 Bus services and bus safety work In section 73(1) of the Bus Safety Act 2009 for paragraphs (d) and (e) substitute— "(d) prescribing a motor vehicle or each motor vehicle within a class of motor vehicles to be a bus; (e) prescribing a motor vehicle or each motor vehicle within a class of motor vehicles not to be a bus;". __________________ s. 32 -- 31 of 34 -- Part 6—Amendment of Bus Services Act 1995 Transport Legislation Amendment (Public Transport Safety) Act 2011 No. 49 of 2011 29 Authorised by the Chief Parliamentary Counsel PART 6—AMENDMENT OF BUS SERVICES ACT 1995 33 Definitions In section 3(1) of the Bus Services Act 1995 the definition of motor vehicle is repealed. __________________ s. 33 See: Act No. 68/1995. Reprint No. 3 as at 12 December 2007 and amending Act Nos 2/2008, 13/2009, 69/2009, 6/2010 and 19/2010. LawToday: www. legislation. vic.gov.au -- 32 of 34 -- Part 7—Repeal of Amending Act Transport Legislation Amendment (Public Transport Safety) Act 2011 No. 49 of 2011 30 Authorised by the Chief Parliamentary Counsel PART 7—REPEAL OF AMENDING ACT 34 Repeal of amending Act This Act is repealed on 1 September 2013. 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). ═══════════════ s. 34 -- 33 of 34 -- Transport Legislation Amendment (Public Transport Safety) Act 2011 No. 49 of 2011 31 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 29 June 2011 Legislative Council: 1 September 2011 The long title for the Bill for this Act was "A Bill for an Act to amend the Transport Integration Act 2010, the Transport (Compliance and Miscellaneous) Act 1983, the Rail Safety Act 2006, the Bus Safety Act 2009 and the Bus Services Act 1995 and for other purposes." Endnotes -- 34 of 34 --