Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010

i Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 3 PART 2—TRANSPORT AND MARINE ACTS ENFORCEMENT- RELATED AMENDMENTS 4 Division 1—Transport Act 1983 4 3 Definitions 4 4 Definitions 4 5 Self-incrimination 5 6 New Subdivision 11A of Division 4B of Part VII inserted 6 Subdivision 11A—Transport safety infringement notices 6 228ZZPA Transport safety infringements 6 228ZZPB Regulations 6 7 New Subdivision 13 of Division 4B of Part VII inserted 7 Subdivision 13—Undertakings relating to contraventions of relevant safety laws 7 228ZZSA Definition 7 228ZZSB Safety Director may accept undertaking 8 228ZZSC Varying or withdrawing undertaking 9 228ZZSD Review of refusal to vary or withdraw undertaking 9 228ZZSE Enforcement of undertaking 10 8 New section 230AI inserted 11 230AI Definitions 11 9 Commercial benefits penalty order 11 10 Supervisory intervention order 12 11 Exclusion orders 15 12 Release on the giving of a undertaking 16 13 New section 230FA inserted 17 230FA Adverse publicity order 17 -- 1 of 81 -- Section Page ii 14 Section 230K substituted 18 230K Definitions 18 15 New Division 4A of Part VIIA inserted 19 Division 4A—Port safety infringement notices 19 230ZBA Port safety infringements 19 230ZBB Regulations 19 Division 2—Marine Act 1988 20 16 New section 85AX inserted 20 85AX Adverse publicity order 20 PART 3—TRANSPORT ACCREDITATION-RELATED AMENDMENTS 22 Division 1—Transport Act 1983 22 17 Definitions for the purpose of Part VI 22 18 Purpose of accreditation 23 19 Definitions and interpretative provisions for purpose of Division 4 of Part VI 24 20 Offence of taxi-cab operator not to be accredited 25 21 Mandatory refusal of accreditation 25 22 Presumption in favour of refusal of accreditation 26 23 Discretionary refusal of accreditation 27 24 Disciplinary actions that may be taken in relation to accreditations 30 25 Jurisdiction of VCAT in relation to mandatory refusal or cancellation of accreditation 31 26 Review of decision by VCAT 32 27 Conditions—commercial passenger vehicles 32 28 New sections 158AA to 158AC inserted 32 158AA Offence for taxi-cab to be operated without permission of accredited operator or related person 32 158AB Operator of taxi-cab commits offence if taxi-cab is operated by certain persons 33 158AC Person operating taxi-cab commits offence if taxi-cab is operated by certain persons 34 29 Interpretation 35 30 Matters to be considered by the Director when issuing or renewing an accreditation 35 31 Disqualification by Director from ability to apply for accreditation 39 32 Jurisdiction of VCAT as to category 1 offenders 39 33 Review of decision by VCAT 40 -- 2 of 81 -- Section Page iii Division 2—Transport (Compliance and Miscellaneous) Act 1983 40 34 New sections 169DA to 169DC inserted 40 169DA Working with children check exemption notice 40 169DB When Director must notify that working with children check exemption notice has ceased to have effect 42 169DC When working with children check exemption notice must be returned 43 Division 3—Working with Children Act 2005 43 35 Accredited drivers 43 36 New section 32B inserted 44 32B Accredited commercial passenger vehicle drivers 44 PART 4—RAIL SAFETY-RELATED AMENDMENTS 45 Division 1—Rail Safety Act 2006 45 37 Definitions and interpretation 45 38 New section 3B inserted 45 3B Accredited tourist and heritage railway operator 45 39 New section 11A inserted 46 11A National consistency 46 40 New sections 46A and 46B inserted 46 46A Initial and annual accreditation fees 46 46B Fee exemptions for accredited tourist and heritage railway operators 47 41 Exemption from ongoing compliance with risk management requirements 48 42 Reviewable decisions 48 43 New Division 5 of Part 11 inserted 48 Division 5—Other matters 48 183 Validation of payment of certain annual accreditation fees 48 184 Annual accreditation fee is payable for 2009–2010 49 185 Existing initial and annual accreditation fee exemptions taken to be exemptions under this Act 50 Division 2—Road Management Act 2004 50 44 Duty of responsible road authority, infrastructure manager or works manager in relation to works on or in immediate vicinity of rail infrastructure or rolling stock 50 45 Duty of rail operator in relation to works on or in immediate vicinity of road infrastructure 51 -- 3 of 81 -- Section Page iv Division 3—Transport Legislation Amendment Act 2007 51 46 Safety interface agreements 51 PART 5—BUS SAFETY-RELATED AMENDMENTS 52 Division 1—Bus Safety Act 2009 52 47 Definitions 52 48 Registration of operator of bus services that are not commercial bus services or local bus services 55 49 Application for accreditation 55 50 Accreditation application to be refused in certain circumstances 56 51 Accreditation may be refused in certain circumstances 56 52 Decision on application may be postponed 57 53 Issue of certificate of accreditation 57 54 Accredited bus operator to notify of relevant changes in circumstances 57 55 Power of immediate suspension 57 56 Mandatory cancellation 57 57 Disciplinary action against an accredited bus operator 58 58 Safety Director may set accreditation fees 58 59 New section 69A inserted 58 69A Liability of officers of partnerships and unincorporated bodies or associations 58 60 Accreditation and registration 58 61 New Division 3 inserted 59 Division 3—Transitional provisions for operators who must be registered or accredited 59 78A Definition 59 78B Transitional provision for existing bus operators requiring registration from commencement day 59 78C Transitional provision for bus operators no longer required to be accredited from commencement day 60 78D Transitional provision for drivers of commercial passenger vehicles 61 62 Consequential amendment of section 82 61 63 Section 89 substituted 62 89 New section 191ZGA inserted 62 64 Amendment of Division 6 of Part VI—amendment of section 95 62 65 Amendment of section 228S—Definitions 63 66 Statute law revision 64 -- 4 of 81 -- Section Page v Division 2—Transport Act 1983 64 67 Definition for Part VI 64 68 Definition for Division 4 of Part VI 64 Division 3—Transport (Compliance and Miscellaneous) Act 1983 65 69 General inspection, inquiry and search powers 65 70 Other amendments to Division 4B of Part VII of the Transport (Compliance and Miscellaneous) Act 1983 66 Division 4—Public Transport Competition Act 1995 67 71 New section 38A inserted 67 38A Extension of operation of Regulations 67 PART 6—OTHER AMENDMENTS TO ACTS 68 Division 1—Transport 1983 68 72 Definitions 68 73 Regulations 68 74 New section 57 inserted 69 57 Declaration of Southern Cross Station for purposes of regulations 69 75 Conditions in relation to holiday surcharges 69 76 Determination of taxi fares or hiring rates 70 77 Definitions for purposes of Part VII 70 78 Regulations for ticket infringements and transport infringements 70 79 Evidentiary certificates—relevant transport safety laws 70 80 Amendment of Division heading 71 81 Statute law revision 71 Division 2—Rail Corporations Act 1996 71 82 New section 118A inserted 71 118A Allocation statement relating to PTC 71 Division 3—Road Safety Act 1986 72 83 Service of parking infringement notices 72 Division 4—Marine Act 1988 72 84 Statute law revision 72 Division 5—Major Transport Projects Facilitation Act 2009 73 85 Statute law revision 73 -- 5 of 81 -- Section Page vi PART 7—REPEAL OF AMENDING ACT 74 86 Repeal 74 ═══════════════ ENDNOTES 75 -- 6 of 81 -- 1 Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 † No. 19 of 2010 [Assented to 18 May 2010] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purposes The main purposes of this Act are— (a) to amend the Transport Act 1983 to— (i) further provide for the enforcement of offences against, and breaches of, that Act, the Bus Safety Act 2009, the Rail Victoria -- 7 of 81 -- Part 1—Preliminary Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 2 Safety Act 2006 and the Port Services Act 1995; and (ii) improve the operation of the accreditation scheme relating to the provision of services in the taxi-cab industry; and (iii) improve the operation of the accreditation scheme relating to drivers of commercial passenger vehicles; and (iv) clarify the scope of certain regulation making powers; and (v) allow for the charging of holiday surcharges as part of a taxi-cab fare or taxi-cab hiring rate; and (b) to amend the Rail Safety Act 2006 to make further provision in relation to accreditation fees that are or were payable by accredited rail operators; and (c) to amend the Bus Safety Act 2009 to improve the operation of that Act; and (d) to amend the Working with Children Act 2005 to make amendments related to amendments being made to the Transport Act 1983 by this Act to improve the operation of the accreditation scheme relating to drivers of commercial passenger vehicles; and (e) to amend the Marine Act 1988 to empower courts to make adverse publicity orders against persons found guilty of an offence against that Act or the regulations made under that Act; and (f) to amend the Rail Corporations Act 1996 to make further provision in relation to an allocation statement allocating certain s. 1 -- 8 of 81 -- Part 1—Preliminary Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 3 property, rights and liabilities of the former Public Transport Corporation to RailTrack; and (g) to amend the Road Safety Act 1986 to enable authorised officers under the Transport Act 1983 to serve parking infringement advisory notices in relation to parking infringements committed in park and ride facilities; and (h) to amend the Public Transport Competition Act 1995 to extend the operation of the regulations made under that Act until 31 December 2010; and (i) to amend the Road Management Act 2004 and Transport Legislation Amendment Act 2007 to insert notes to inform readers of certain provisions of the Road Management Act 2004 of the interrelationship between those provisions and provisions of the Rail Safety Act 2006 relating to safety interface agreements; and (j) to make statute law revision amendments to transport legislation. 2 Commencement (1) Subject to subsection (2), 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 July 2011, it comes into operation on that day. __________________ s. 2 -- 9 of 81 -- Part 2—Transport and Marine Acts Enforcement-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 4 PART 2—TRANSPORT AND MARINE ACTS ENFORCEMENT-RELATED AMENDMENTS Division 1—Transport Act 1983 3 Definitions In section 2(1) of the Transport Act 1983 insert the following definition— "port safety officer means a person appointed under section 230L;". 4 Definitions In section 228S(1) of the Transport Act 1983 insert the following definitions— "transport safety infringement means an offence against a transport safety infringement law (other than a safety work infringement) that is prescribed for the purposes of this Division; transport safety infringement law means— (a) in the case of an accredited bus operator—a provision of the Bus Safety Act 2009 or the regulations made under that Act; s. 3 See: Act No. 9921. Reprint No. 14 as at 31 July 2009 and amending Act Nos 71/2006, 13/2009, 45/2009, 68/2009, 69/2009, 91/2009 and 93/2009. LawToday: www. legislation. vic.gov.au -- 10 of 81 -- Part 2—Transport and Marine Acts Enforcement-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 5 (b) in the case of an accredited rail operator—a provision of the Rail Safety Act 2006 or the regulations made under that Act;". 5 Self-incrimination (1) In section 228ZZP(2) of the Transport Act 1983, for "Any information obtained from a natural person under a direction given under this Division" substitute "Relevant information". (2) After section 228ZZP(2) of the Transport Act 1983 insert— "(2A) In subsection (2) relevant information means— (a) information obtained from a natural person under a direction given under this Division; and (b) any information, document or thing obtained as a direct result or indirect consequence of information disclosed or provided by a natural person under paragraph (a).". (3) For section 228ZZP(4) of the Transport Act 1983 substitute— "(4) Despite subsection (2), any information obtained from a person under this Division that is contained in any document or item that the person is required to keep under a relevant transport safety law is admissible in evidence against the person in criminal proceedings or may be used in any action, proceeding or process that may make a person liable to a penalty.". (4) Section 228ZZP(5) of the Transport Act 1983 is repealed. s. 5 -- 11 of 81 -- Part 2—Transport and Marine Acts Enforcement-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 6 6 New Subdivision 11A of Division 4B of Part VII inserted After Subdivision 11 of Division 4B of Part VII of the Transport Act 1983 insert— "Subdivision 11A—Transport safety infringement notices 228ZZPA Transport safety infringements (1) A transport safety officer who has reason to believe that a person has committed a transport safety infringement may serve a transport safety infringement notice on that person. (2) An offence referred to in subsection (1) for which a transport safety infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006. (3) The penalty for the purposes of this section in respect of any transport safety infringement is the amount prescribed in respect of that infringement. 228ZZPB Regulations The Governor in Council may make regulations for or with respect to— (a) prescribing transport safety infringements for which a transport safety infringement notice may be served; and (b) in addition to the requirements of section 13 of the Infringements Act 2006, any particulars, not inconsistent with that Act, to be contained in a transport safety infringement notice; and s. 6 -- 12 of 81 -- Part 2—Transport and Marine Acts Enforcement-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 7 (c) the form of a withdrawal notice; and (d) the method of service of a withdrawal notice; and (e) the penalties for any transport safety infringement; and (f) the form of the document setting out particulars of prior convictions; and (g) the form of notices to be endorsed on the document setting out particulars of prior convictions; and (h) generally prescribing any other matter or thing required or permitted by this Subdivision to be prescribed or necessary to be prescribed to give effect to this Subdivision.". 7 New Subdivision 13 of Division 4B of Part VII inserted After Subdivision 12 of Division 4B of Part VII of the Transport Act 1983 insert— "Subdivision 13—Undertakings relating to contraventions of relevant safety laws 228ZZSA Definition In this Subdivision— relevant safety law means— (a) in the case of an accredited bus operator—a provision of the Bus Safety Act 2009 or the regulations made under that Act; (b) in the case of an accredited rail operator—a provision of the Rail Safety Act 2006 or the regulations made under that Act. s. 7 -- 13 of 81 -- Part 2—Transport and Marine Acts Enforcement-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 8 228ZZSB Safety Director may accept undertaking (1) The Safety Director may accept (by written notice) a written undertaking given by an accredited bus operator or accredited rail operator in connection with a matter relating to a contravention or alleged contravention by that operator of a relevant safety law. (2) However, the Safety Director must not accept an undertaking under subsection (1) if— (a) the undertaking is in connection with a matter relating to a contravention or alleged contravention of an indictable offence under a relevant safety law; and (b) the Safety Director considers that it would be appropriate for him or her to— (i) prosecute that offence; or (ii) seek advice from the Director of Public Prosecutions for Victoria as to whether that Director considers it appropriate for that Director to prosecute that offence. (3) An accredited bus operator or accredited rail operator whose undertaking has been accepted by the Safety Director under subsection (1) cannot vary or withdraw that undertaking without the Safety Director's consent. (4) Neither the Safety Director nor a transport safety officer may bring a proceeding for an offence against a relevant safety law if that offence is constituted by the contravention or alleged contravention to which the undertaking relates. s. 7 -- 14 of 81 -- Part 2—Transport and Marine Acts Enforcement-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 9 228ZZSC Varying or withdrawing undertaking (1) An accredited bus operator or accredited rail operator whose undertaking has been accepted by the Safety Director under section 228ZZSB(1) may apply to the Safety Director for consent to vary or withdraw that undertaking. (2) An application cannot be made under subsection (1) if there has been a breach of the undertaking. (3) Within 28 days after receiving an application, the Safety Director must— (a) make a decision whether to give or refuse to give his or her consent; and (b) notify the applicant of that decision and the reasons for it. 228ZZSD Review of refusal to vary or withdraw undertaking (1) An accredited bus operator or accredited rail operator whose application under section 228ZZSC(1) for consent to vary or withdraw an undertaking is refused may apply to VCAT for review of the decision of the Safety Director to refuse consent. (2) An application for review must be made within 28 days after the later of— (a) if the Safety Director makes a decision refusing to give consent, the date of the decision; or (b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the accredited bus operator or accredited rail operator requests a statement of reasons for the decision, the day on which the statement of s. 7 -- 15 of 81 -- Part 2—Transport and Marine Acts Enforcement-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 10 reasons is given to the operator or the operator is informed under section 46(5) of that Act that a statement of reasons will not be given. 228ZZSE Enforcement of undertaking (1) If the Safety Director considers that an accredited bus operator or accredited rail operator has contravened an undertaking accepted by the Safety Director, the Safety Director may apply to the Magistrates' Court for enforcement of the undertaking. (2) If the Magistrates' Court is satisfied that an accredited bus operator or accredited rail operator has contravened the undertaking, the Magistrates' Court may make— (a) an order that the operator must comply with the undertaking or take specified action to comply with the undertaking; or (b) any other order that it considers appropriate. (3) An accredited bus operator or accredited rail operator must comply with an order under subsection (2). Penalty: In the case of a natural person, 240 penalty units; In the case of a body corporate, 1200 penalty units.". s. 7 -- 16 of 81 -- Part 2—Transport and Marine Acts Enforcement-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 11 8 New section 230AI inserted After the heading to Division 6 of Part VII of the Transport Act 1983 insert— "230AI Definitions In this Division— relevant authorised officer means an authorised officer authorised by the Director under section 221A; relevant law means— (a) a relevant transport safety law; or (b) Division 4 or 5 of Part VI; or (c) any regulations made under this Act for the purposes of Division 4 or 5 of Part VI.". 9 Commercial benefits penalty order (1) For section 230B(1) of the Transport Act 1983 substitute— "(1) A court that finds a person guilty of an offence against a relevant law may, on application by any of the following, make an order under this section— (a) the prosecutor; or (b) the Safety Director; or (c) the licensing authority.". (2) In section 230B(2) of the Transport Act 1983, after "transport safety officer" insert "or a relevant authorised officer". s. 8 -- 17 of 81 -- Part 2—Transport and Marine Acts Enforcement-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 12 10 Supervisory intervention order (1) For section 230C(1) of the Transport Act 1983 substitute— "(1) A court that finds a person guilty of an offence against a relevant law may, on application by any of the following, make an order under this section— (a) the prosecutor; or (b) the Safety Director; or (c) the licensing authority.". (2) For section 230C(2) of the Transport Act 1983 substitute— "(2) The court may make a supervisory intervention order requiring the person (at the person's own expense and for a specified period not exceeding one year) to do all or any of the following— (a) to do specified things that the court considers will improve the person's compliance with a relevant law or specified aspects of a relevant law, including (for example) the following— (i) appointing or removing staff to or from particular activities or positions; (ii) training and supervising staff; (iii) obtaining expert advice as to maintaining appropriate compliance; (iv) installing monitoring, compliance, managerial or operational equipment; s. 10 -- 18 of 81 -- Part 2—Transport and Marine Acts Enforcement-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 13 (v) implementing monitoring, compliance, managerial or operational practices, systems or procedures; (b) to conduct specified monitoring, compliance, managerial or operational practices, systems or procedures subject to the direction of one or more of the following as specified in the order— (i) the Safety Director; or (ii) the licensing authority; or (iii) a person nominated by the Safety Director or the licensing authority (as the case requires); (c) to furnish compliance reports to one or more of the following as specified in the order— (i) the Safety Director; (ii) the licensing authority; (iii) the court; (d) to appoint a person to have responsibilities— (i) to assist the person in improving compliance with a relevant law or specified aspects of a relevant law; and (ii) to monitor the person's performance in complying with a relevant law or specified aspects of a relevant law and in complying with the requirements of the order; and s. 10 -- 19 of 81 -- Part 2—Transport and Marine Acts Enforcement-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 14 (iii) to furnish compliance reports to one or more of the following as specified in the order— (A) the Safety Director; (B) the licensing authority; (C) the court.". (3) After section 230C(4) of the Transport Act 1983 insert— "(4A) A court may only make an order under this section against a person if the court considers the person to be a systematic or persistent offender against the relevant law.". (4) In section 230C(5) of the Transport Act 1983— (a) for "relevant transport safety law" (wherever occurring) substitute "relevant law"; and (b) in paragraph (c) for "with rail transport." substitute— "with— (i) rail transport; or (ii) the use of a commercial passenger vehicle for the purpose of carrying passengers for hire or reward; or (iii) the use of a taxi-cab for plying for trade for the purpose referred to in subparagraph (ii); or (iv) the provision of taxi-cab network services (within the meaning of section 130A(1)).". (5) After section 230C(7)(a) of the Transport Act 1983 insert— "(ab) the licensing authority; or". s. 10 -- 20 of 81 -- Part 2—Transport and Marine Acts Enforcement-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 15 11 Exclusion orders (1) For section 230DA(1) of the Transport Act 1983 substitute— "(1) A court that finds a person guilty of an offence against a relevant law may make an order under this section on application by— (a) the prosecutor; or (b) the Safety Director; or (c) the licensing authority.". (2) For section 230DA(2) of the Transport Act 1983 substitute— "(2) For the purpose of restricting opportunities for the person to commit or be involved in the commission of further offences against relevant laws, the court may, if it considers it appropriate to do so, make an exclusion order prohibiting the person, for a specified period, from— (a) managing or operating rail infrastructure or rolling stock, or managing or operating a particular type of rail infrastructure or rolling stock; or (b) being an operator of a taxi-cab or being an operator of a particular type of taxi- cab (other than for the purpose of transferring a taxi-cab licence or assigning the right to operate the taxi- cab); or (c) operating a commercial passenger vehicle (other than a taxi-cab) or operating a particular type of commercial passenger vehicle (other than a taxi-cab); or s. 11 -- 21 of 81 -- Part 2—Transport and Marine Acts Enforcement-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 16 (d) providing a taxi-cab network service (within the meaning of section 130A(1)) or providing a particular type of taxi-cab network service; or (e) being a director, secretary or officer concerned in the management of a body corporate involved in the carrying out, in the State, of any of the activities referred to in paragraphs (a), (b), (c) and (d); or (f) being involved in the carrying out, in the State, of any of the activities referred to in paragraphs (a), (b), (c) and (d) except by— (i) driving a train or rolling stock or a commercial passenger vehicle (other than a taxi-cab); or (ii) operating a taxi-cab. (2A) The court may only make an order under this section if it considers the person to be a systematic or persistent offender against the relevant law.". (3) After section 230DA(4)(a) of the Transport Act 1983 insert— "(ab) the licensing authority; or". 12 Release on the giving of a undertaking (1) In section 230E(1) of the Transport Act 1983, for "relevant transport safety law" substitute "relevant law". (2) In section 230E(2)(b) of the Transport Act 1983, for "relevant transport safety law" substitute "relevant law". s. 12 -- 22 of 81 -- Part 2—Transport and Marine Acts Enforcement-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 17 (3) In section 230E(3) of the Transport Act 1983, after "Safety Director" (wherever occurring) insert "or licensing authority". 13 New section 230FA inserted After section 230F of the Transport Act 1983 insert— "230FA Adverse publicity order (1) A court that finds a person guilty of an offence— (a) against a relevant law; or (b) under Division 4 or 5 of Part VI or any regulations made under this Act for the purposes of either of those Divisions— may, on the application of the prosecutor, the Safety Director or the licensing authority, make an order under this section. (2) The court may make an adverse publicity order requiring the offender to do all or any of the following— (a) to take either or both of the following actions within the period specified in the order— (i) to publicise, in the way specified in the order, the offence, its consequences, the penalty imposed and any other related matter; (ii) to notify a specified person or specified class of persons, in the way specified in the order, of the offence, its consequences, the penalty imposed and any other related matter; and s. 13 -- 23 of 81 -- Part 2—Transport and Marine Acts Enforcement-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 18 (b) to give, as the case requires, the Safety Director or the licensing authority within 7 days after the end of the period specified in the order, evidence that the action or actions were taken by the offender in accordance with the order. (3) The court may make an order under this section in addition to— (a) imposing a penalty on the offender; or (b) making any other order that the court may make in relation to the offence. (4) This section does not limit a court's powers under any other provision of this Act.". 14 Section 230K substituted For section 230K of the Transport Act 1983 substitute— "230K Definitions In this Part— hazardous port activity provision means a provision of the Port Services Act 1995 or regulations made under that Act as to hazardous port activities, within the meaning of that Act; port safety infringement means an offence against a port safety infringement law that is prescribed for the purposes of Division 4A; port safety infringement law means a provision of— (a) Division 3 or 4 of Part 5B of the Port Services Act 1995; or s. 14 -- 24 of 81 -- Part 2—Transport and Marine Acts Enforcement-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 19 (b) any regulations made under section 98(1)(ca) to (cd) of that Act.". 15 New Division 4A of Part VIIA inserted After Division 4 of Part VIIA of the Transport Act 1983 insert— "Division 4A—Port safety infringement notices 230ZBA Port safety infringements (1) A port safety officer who has reason to believe that a person has committed a port safety infringement may serve a port safety infringement notice on that person. (2) An offence referred to in subsection (1) for which a port safety infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006. (3) The penalty for the purposes of this section in respect of any port safety infringement is the amount prescribed in respect of that infringement. 230ZBB Regulations The Governor in Council may make regulations for or with respect to— (a) prescribing port safety infringements for which a port safety infringement notice may be served; and (b) in addition to the requirements of section 13 of the Infringements Act 2006, any particulars, not inconsistent with that Act, to be contained in a port safety infringement notice; and s. 15 -- 25 of 81 -- Part 2—Transport and Marine Acts Enforcement-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 20 (c) the form of a withdrawal notice; and (d) the method of service of a withdrawal notice; and (e) the penalties for any port safety infringement; and (f) the form of the document setting out particulars of prior convictions; and (g) the form of notices to be endorsed on the document setting out particulars of prior convictions; and (h) generally prescribing any other matter or thing required or permitted by this Division to be prescribed or necessary to be prescribed to give effect to this Division.". Division 2—Marine Act 1988 16 New section 85AX inserted After section 85AW of the Marine Act 1988 insert— "85AX Adverse publicity order (1) A court that finds a person guilty of an offence against this Act or regulations made under this Act arising out of commercial marine operations may, on the application of the prosecutor or Director, make an order under this section. (2) The court may make an adverse publicity order requiring the offender to do all or any of the following— (a) to take either or both of the following actions within the period specified in the order— s. 16 See: Act No. 52/1988. Reprint No. 7 as at 12 December 2007 and amending Act Nos 17/2009, 68/2009, 69/2009 and 93/2009. LawToday: www. legislation. vic.gov.au -- 26 of 81 -- Part 2—Transport and Marine Acts Enforcement-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 21 (i) to publicise, in the way specified in the order, the offence, its consequences, the penalty imposed and any other related matter; (ii) to notify a specified person or specified class of persons, in the way specified in the order, of the offence, its consequences, the penalty imposed and any other related matter; and (b) to give the Director within 7 days after the end of the period specified in the order, evidence that the action or actions were taken by the offender in accordance with the order. (3) The court may make an order under this section in addition to— (a) imposing a penalty on the offender; or (b) making any other order that the court may make in relation to the offence. (4) This section does not limit the court's powers under any other provision of this Act.". __________________ s. 16 -- 27 of 81 -- Part 3—Transport Accreditation-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 22 PART 3—TRANSPORT ACCREDITATION-RELATED AMENDMENTS Division 1—Transport Act 1983 17 Definitions for the purpose of Part VI (1) In section 86(1) of the Transport Act 1983 insert the following definitions— "accredited operator, for sections 158AA, 158AB and 158AC, means the operator of the taxi- cab but only while the operator holds an accreditation as a taxi-cab operator under Division 4; 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. 17 -- 28 of 81 -- Part 3—Transport Accreditation-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 23 (d) an offence under a law of 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;". (2) In section 86(1) of the Transport Act 1983, in the definition of category 3 offence— (a) before paragraph (a) insert— "(aa) an offence specified in any of the following infringement notices— (i) a safety work infringement notice to which section 215C(1) applies; (ii) an infringement notice to which section 61A(2) of the Marine Act 1988 applies; (iii) a traffic infringement notice to which section 89A(2) of the Road Safety Act 1986 applies; or"; (b) in paragraph (a), for "or a category 2 offence" substitute ", a category 2 offence or an offence referred to in paragraph (aa)". 18 Purpose of accreditation In section 130 of the Transport Act 1983 omit "by ensuring that only suitable persons hold taxi- cab licences, operate taxi-cabs or permit them to be operated or provide taxi-cab network services". s. 18 -- 29 of 81 -- Part 3—Transport Accreditation-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 24 19 Definitions and interpretative provisions for purpose of Division 4 of Part VI (1) In section 130A(1) of the Transport Act 1983, in the definition of tier 2 offence, before paragraph (c) insert— "(bg) an applicable pre-1973 fraud or dishonesty offence; or (bh) a specified indictable fraud or dishonesty offence; or". (2) In section 130A(1) of the Transport Act 1983, in the definition of tier 2 offence, in paragraph (d), after "listed in" insert "paragraphs (a) to (bd), (bg) or (c) of". (3) In section 130A(1) of the Transport Act 1983, in the definition of tier 3 offence— (a) before paragraph (a) insert— "(aa) an offence specified in any of the following infringement notices— (i) a safety work infringement notice to which section 215C(1) applies; (ii) an infringement notice to which section 61A(2) of the Marine Act 1988 applies; (iii) a traffic infringement notice to which section 89A(2) of the Road Safety Act 1986 applies; or"; (b) in paragraph (a), for "or a tier 2 offence" substitute ", a tier 2 offence or an offence referred to in paragraph (aa)". s. 19 -- 30 of 81 -- Part 3—Transport Accreditation-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 25 (4) After section 130A(2)(c) of the Transport Act 1983 insert— "(ca) in relation to whom any of the following infringement notices has taken effect as a conviction for the offence specified in the notice— (i) a safety work infringement notice to which section 215C(1) applies; (ii) an infringement notice to which section 61A(2) of the Marine Act 1988 applies; (iii) a traffic infringement notice to which section 89A(2) of the Road Safety Act 1986 applies; or". 20 Offence of taxi-cab operator not to be accredited In section 131 of the Transport Act 1983 omit ", or permit the taxi-cab to be operated,". 21 Mandatory refusal of accreditation (1) For section 132D(1)(a)(i) of the Transport Act 1983 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". (2) For section 132D(1)(ab)(i) of the Transport Act 1983 substitute— "(i) has been found guilty of a tier 1 offence (other than an offence under section 318 of the Crimes Act 1958 or a specified indictable fraud or dishonesty offence) at any s. 20 -- 31 of 81 -- Part 3—Transport Accreditation-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 26 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". 22 Presumption in favour of refusal of accreditation (1) In section 132E(a) of the Transport Act 1983, after "offence" insert "at any time before the application for accreditation". (2) For section 132E(b) and (c) of the Transport Act 1983 substitute— "(b) as a taxi-cab operator if the licensing authority is aware that the applicant, or a relevant person in relation to the applicant, has been found guilty of— (i) 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 (ii) 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; or (c) as a provider of taxi-cab network services if the licensing authority is aware that the applicant, or a relevant person in relation to the applicant, has been found guilty of— (i) 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 s. 22 -- 32 of 81 -- Part 3—Transport Accreditation-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 27 before the application for accreditation; or (ii) 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; or (iii) an offence under section 318 of the Crimes Act 1958 at any time before the application for accreditation—". 23 Discretionary refusal of accreditation (1) In section 132F(3)(c) of the Transport Act 1983, for "Act" substitute "Act or regulations made under this Act". (2) The note at the foot of section 132F(5) of the Transport Act 1983 is repealed. (3) In section 132F(5)(b) of the Transport Act 1983, for "business." substitute "business; and". (4) At the foot of section 132F(5)(b) of the Transport Act 1983 insert— "Note A condition may be imposed under Subdivision 4 with respect to place of residence or business.". (5) After the note at the foot of section 132F(5)(b) of the Transport Act 1983 insert— "(c) an infringement notice that has been served on the applicant in relation to an offence under Part VI or under regulations made for the purposes of that Part or a traffic infringement within the meaning of the Road Safety Act 1986 that— (i) has not been withdrawn or cancelled; and s. 23 -- 33 of 81 -- Part 3—Transport Accreditation-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 28 (ii) is not deemed to be a charge in relation to the offence by operation of section 40(b) of the Infringements Act 2006; and (d) an infringement notice of the kind referred to in paragraph (c) that has been served on the applicant in relation to an offence referred to in that paragraph in relation to which information lodged under section 71(1)(a) of the Infringements Act 2006 is not deemed to be a charge by operation of section 71(1)(b) of that Act; and (e) in relation to an infringement notice referred to in paragraph (c) or (d)— (i) the nature and gravity of the infringement offence for which the infringement notice was served and the offence's relevance to the purpose for which the applicant seeks to be accredited; and (ii) when the infringement offence for which the infringement notice was served was alleged to have been committed; and (iii) whether the infringement offence for which the infringement notice was served still exists; and (iv) in the case of an applicant who is a natural person, the age of the applicant at the time of the infringement offence for which the infringement notice was served; and (v) in the case of an applicant who is a natural person, the applicant's behaviour since the alleged commission s. 23 -- 34 of 81 -- Part 3—Transport Accreditation-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 29 of the infringement offence for which the infringement notice was served; and (vi) in the case of an applicant who is a natural person, the likelihood of the applicant committing another infringement offence for which the infringement notice was served; and (vii) whether the infringement offence for which the infringement notice was served has been expiated; and (viii) 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; and (ix) in the case of an applicant who is a natural person, if the infringement notice was served for a traffic infringement for which demerit points were incurred under section 25 of the Road Safety Act 1986, the effect of the operation of that section on the applicant including the demerit points recorded against the applicant in the Demerits Register kept under that section; and (x) 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— (A) an illegal user statement; (B) a known user statement; s. 23 -- 35 of 81 -- Part 3—Transport Accreditation-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 30 (C) a sold vehicle statement; (D) an unknown user statement; and (xi) if the infringement notice was served for a traffic infringement and the applicant made a known user statement or a sold vehicle statement under Part 6AA of the Road Safety Act 1986 in relation to the traffic infringement, whether a person made a nomination rejection statement under that Part in response to the known user statement or sold vehicle statement; and (xii) any information that the applicant has given the licensing authority in relation to the infringement notice, including reasons why the infringement penalty stated in the infringement notice was paid; and (xiii) any other matter that the licensing authority considers relevant.". 24 Disciplinary actions that may be taken in relation to accreditations After section 135A(3) of the Transport Act 1983 insert— "(4) Despite subsection (3), the licensing authority must not take disciplinary action referred to in subsection (3) if a decision to refuse to issue or cancel an accreditation in respect of that person on a relevant ground referred to in that subsection has previously been overturned by VCAT.". s. 24 -- 36 of 81 -- Part 3—Transport Accreditation-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 31 25 Jurisdiction of VCAT in relation to mandatory refusal or cancellation of accreditation (1) For section 136(1) of the Transport Act 1983 substitute— "(1) This section applies to a person— (a) whose application for accreditation is refused (wholly or partly) on a ground set out in section 132D(1)(a) or (ab); or (b) whose accreditation is cancelled (wholly or partly) and who is disqualified from applying for an accreditation of that kind under section 135A(3). (1A) The person may apply to VCAT for an order that, as the case requires, the licensing authority— (a) approve an application for accreditation; or (b) not refuse an application for accreditation on a ground referred to in subsection (1)(a); or (c) reinstate an accreditation and not disqualify the person from applying for accreditation of that kind; or (d) not cancel an accreditation and disqualify that person from applying for an accreditation of that kind in reliance on section 135A(3).". (2) In section 136(2) of the Transport Act 1983, for "subsection (1)" substitute "subsection (1A)". (3) In section 136(2)(c) of the Transport Act 1983, for "of the applicant" substitute "and not disqualify the applicant from applying for accreditation of that kind". s. 25 -- 37 of 81 -- Part 3—Transport Accreditation-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 32 (4) In section 136(2)(d) of the Transport Act 1983, after "cancellation" (wherever occurring) insert "and disqualification". (5) After section 136(5) of the Transport Act 1983 insert— "(6) If VCAT refuses to make an order applied for under subsection (1A), VCAT may by order disqualify the person from applying for accreditation of the kind to which the application relates 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 the licensing authority.". 26 Review of decision by VCAT After section 136A(2)(a) of the Transport Act 1983 insert— "(ab) to disqualify a person from applying for accreditation; or". 27 Conditions—commercial passenger vehicles In section 144(1)(c) of the Transport Act 1983, before "that" insert "in the case of a commercial passenger vehicle that is not a taxi-cab,". 28 New sections 158AA to 158AC inserted After section 158A of the Transport Act 1983 insert— "158AA Offence for taxi-cab to be operated without permission of accredited operator or related person A person (the first person) must not permit another person to operate a taxi-cab unless the first person— s. 26 -- 38 of 81 -- Part 3—Transport Accreditation-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 33 (a) is the accredited operator; or (b) is a relevant person in relation to the accredited operator; or (c) is an employee of the accredited operator and does so under the express authority of the accredited operator. Penalty: 60 penalty units. 158AB Operator of taxi-cab commits offence if taxi-cab is operated by certain persons (1) If a taxi-cab is permitted to be operated by a person— (a) who is not the operator of the taxi-cab; and (b) who does not have the permission of any of the following persons to permit another person to operate the taxi- cab— (i) the operator of the taxi-cab; (ii) a relevant person in relation to the accredited operator; (iii) an employee of the accredited operator where that employee has given that permission under the express authority of the accredited operator— the operator of the taxi-cab is guilty of an offence and is liable to a penalty not exceeding 60 penalty units. s. 28 -- 39 of 81 -- Part 3—Transport Accreditation-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 34 (2) It is a defence to a prosecution for an offence against subsection (1) if the operator of the taxi-cab satisfies the court that the operator took all reasonable steps to stop the taxi-cab being operated by a person who did not have permission of the kind specified in subsection (1)(b). Note See also the definitions of operate and operator in section 86(1). 158AC Person operating taxi-cab commits offence if taxi-cab is operated by certain persons (1) If a taxi-cab is permitted to be operated by a person— (a) who is not the operator of the taxi-cab; and (b) who does not have the permission of any of the following persons to operate the taxi-cab— (i) the operator of the taxi-cab; (ii) a relevant person in relation to the accredited operator; (iii) an employee of the accredited operator where that employee has given that permission under the express authority of the accredited operator— the person operating the taxi-cab is guilty of an offence and is liable to a penalty not exceeding 60 penalty units. (2) It is a defence to a prosecution for an offence against subsection (1) if the person operating the taxi-cab satisfies the court that he or she took all reasonable steps to determine whether the person who gave permission to s. 28 -- 40 of 81 -- Part 3—Transport Accreditation-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 35 operate the taxi-cab could lawfully give that permission. Note See also the definitions of operate and operator in section 86(1).". 29 Interpretation After section 163(1)(c) of the Transport Act 1983 insert— "(ca) in relation to whom any of the following infringement notices has taken effect as a conviction for the offence specified in the notice— (i) a safety work infringement notice to which section 215C(1) applies; (ii) an infringement notice to which section 61A(2) of the Marine Act 1988 applies; (iii) a traffic infringement notice to which section 89A(2) of the Road Safety Act 1986 applies; or". 30 Matters to be considered by the Director when issuing or renewing an accreditation (1) In section 169(1A) of the Transport Act 1983, for "must" substitute "may". (2) After section 169(1A) of the Transport Act 1983 insert— "(1B) For the purposes of subsection (1), the Director may have regard to— (a) an infringement notice that has been served on the applicant in relation to an offence under Part VI or under regulations made for the purposes of that Part or a traffic infringement within s. 29 -- 41 of 81 -- Part 3—Transport Accreditation-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 36 the meaning of the Road Safety Act 1986 that— (i) has not been withdrawn or cancelled; and (ii) is not deemed to be a charge in relation to the offence by operation of section 40(b) of the Infringements Act 2006; and (b) an infringement notice of the kind referred to in paragraph (a) that has been served on the applicant in relation to an offence referred to in that paragraph in relation to which information lodged under section 71(1)(a) of the Infringements Act 2006 is not deemed to be a charge by operation of section 71(1)(b) of that Act; and (c) in relation to an infringement notice referred to in paragraph (a) or (b)— (i) the nature and gravity of the infringement offence for which the infringement notice was served and the offence's relevance to the purpose for which the applicant seeks to be accredited; and (ii) when the infringement offence for which the infringement notice was served was alleged to have been committed; and (iii) whether the infringement offence for which the infringement notice was served still exists; and s. 30 -- 42 of 81 -- Part 3—Transport Accreditation-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 37 (iv) the age of the applicant at the time of the infringement offence for which the infringement notice was served; and (v) the applicant's behaviour since the alleged commission of the infringement offence for which the infringement notice was served; and (vi) the likelihood of the applicant committing another infringement offence for which the infringement notice was served; and (vii) whether the infringement offence for which the infringement notice was served has been expiated; and (viii) 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; and (ix) if the infringement notice was served for a traffic infringement for which demerit points were incurred under section 25 of the Road Safety Act 1986, the effect of the operation of that section on the applicant including the demerit points recorded against the applicant in the Demerits Register kept under that section; and s. 30 -- 43 of 81 -- Part 3—Transport Accreditation-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 38 (x) 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— (A) an illegal user statement; (B) a known user statement; (C) a sold vehicle statement; (D) an unknown user statement; and (xi) if the infringement notice was served for a traffic infringement and the applicant made a known user statement or a sold vehicle statement under Part 6AA of the Road Safety Act 1986 in relation to the traffic infringement, whether a person made a nomination rejection statement under that Part in response to the known user statement or sold vehicle statement; and (xii) any information that the applicant has given the Director in relation to the infringement notice, including reasons why the infringement penalty stated in the infringement notice was paid; and (xiii) any other matter that the Director considers relevant.". s. 30 -- 44 of 81 -- Part 3—Transport Accreditation-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 39 31 Disqualification by Director from ability to apply for accreditation (1) After section 169C(1) of the Transport Act 1983 insert— "(1A) If the Director cancels a person's accreditation, the Director must determine that the applicant is disqualified from applying for accreditation under this Division for a period determined by the Director.". (2) In section 169C(2) of the Transport Act 1983, after "(1)" insert "or (1A)". 32 Jurisdiction of VCAT as to category 1 offenders (1) In section 169N(1)(b) of the Transport Act 1983, for "169E—" substitute "169E; or". (2) After section 169N(1)(b) of the Transport Act 1983 insert— "(c) who is disqualified from applying for a driver accreditation under section 169C(1A)—". (3) In section 169N(1) of the Transport Act 1983, after "the driver accreditation" insert "or cancel the disqualification". (4) In section 169N(2)(c) of the Transport Act 1983, for "applicant." substitute "applicant; or". (5) After section 169N(2)(c) of the Transport Act 1983 insert— "(d) make a determination cancelling the disqualification of the applicant.". s. 31 -- 45 of 81 -- Part 3—Transport Accreditation-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 40 (6) After section 169N(5) of the Transport Act 1983 insert— "(6) If VCAT refuses to make an order applied for under subsection (1), VCAT may by order disqualify the person from applying for a driver accreditation under this Division 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 the Director.". 33 Review of decision by VCAT In section 169O(1)(d) of the Transport Act 1983 omit "(where the person's application for the issue or renewal of that accreditation is refused)". Division 2—Transport (Compliance and Miscellaneous) Act 1983 34 New sections 169DA to 169DC inserted After section 169D of the Transport (Compliance and Miscellaneous) Act 1983 insert— "169DA Working with children check exemption notice (1) A person who— (a) holds a driver accreditation; or (b) has applied for a driver accreditation and whose application has not yet been determined— may apply to the Director for a working with children check exemption notice. (2) An application under subsection (1) must be in writing. s. 33 -- 46 of 81 -- Part 3—Transport Accreditation-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 41 (3) On receiving an application under subsection (1), the Director must issue to that person a working with children check exemption notice unless— (a) the accreditation was issued as a result of a decision under section 169(3), 169(4), 169N or 169O; or (b) the person has been given a negative notice under the Working with Children Act 2005 and has not subsequently been given an assessment notice under that Act; or (c) the person held a working with children check exemption notice which ceased to have effect under subsection (5) because that person's driver accreditation was cancelled or suspended; or (d) the person was, under section 32A of the Working with Children Act 2005, exempt from a working with children check within the meaning of that Act and ceased to be exempt because that person's driver accreditation was cancelled or suspended. (4) A working with children check exemption notice must state that the holder of the notice is exempt from a working with children check under the Working with Children Act 2005 in relation to work that requires a current driver accreditation under this Division. Note See section 32B of the Working with Children Act 2005. s. 34 -- 47 of 81 -- Part 3—Transport Accreditation-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 42 (5) A working with children check exemption notice ceases to have effect on the day— (a) the holder's driver accreditation is cancelled or suspended; or (b) the holder receives a negative notice under the Working with Children Act 2005. 169DB When Director must notify that working with children check exemption notice has ceased to have effect (1) This section applies if a working with children check exemption notice ceases to have effect because— (a) the holder's driver accreditation is cancelled, suspended or expires; or (b) the holder receives a negative notice under the Working with Children Act 2005. Note See section 169DA(5). (2) The Director must notify the holder of the working with children check exemption notice in writing that— (a) the working with children check exemption notice has ceased to have effect; and (b) he or she is required to return the working with children check exemption notice to the Director within 7 days after receipt of the notice under this section. s. 34 -- 48 of 81 -- Part 3—Transport Accreditation-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 43 169DC When working with children check exemption notice must be returned A person who receives a notice under section 169DB must return the working with children check exemption notice they hold to the Director within 7 days after the day on which they receive the notice. Penalty: 5 penalty units.". Division 3—Working with Children Act 2005 35 Accredited drivers (1) For the heading to section 32A of the Working with Children Act 2005 substitute— "Accredited drivers—initial arrangements". (2) In section 32A(1)(b) of the Working with Children Act 2005, for "Act." substitute "Act; or". (3) After section 32A(1)(b) of the Working with Children Act 2005 insert— "(c) the accreditation has been cancelled or suspended or has expired.". (4) In section 32A(3) of the Working with Children Act 2005, after "Transport Legislation Amendment (Driver and Industry Standards) Act 2008" insert "and before the commencement of section 36 of the Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010". s. 35 See: Act No. 57/2005. Reprint No. 2 as at 22 May 2008 and amending Act Nos 21/2008, 52/2008, 85/2008, 55/2009, 68/2009, 69/2009, 74/2009 and 91/2009. LawToday: www. legislation. vic.gov.au -- 49 of 81 -- Part 3—Transport Accreditation-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 44 36 New section 32B inserted After section 32A of the Working with Children Act 2005 insert— "32B Accredited commercial passenger vehicle drivers (1) In this section— exemption notice means a working with children check exemption notice issued by the Director of Public Transport under section 169DA of the Transport (Compliance and Miscellaneous) Act 1983. (2) A person who holds an exemption notice is exempt from a working with children check in relation to work that requires a current driver accreditation under Division 6 of Part VI of the Transport (Compliance and Miscellaneous) Act 1983.". __________________ s. 36 -- 50 of 81 -- Part 4—Rail Safety-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 45 PART 4—RAIL SAFETY-RELATED AMENDMENTS Division 1—Rail Safety Act 2006 37 Definitions and interpretation In section 3(1) of the Rail Safety Act 2006 insert the following definition— "accredited tourist and heritage railway operator means an accredited rail operator declared under section 3B to be an accredited tourist and heritage railway operator;". 38 New section 3B inserted Before section 4 of the Rail Safety Act 2006 insert— "3B Accredited tourist and heritage railway operator The Minister, by notice published in the Government Gazette, may declare an accredited rail operator to be an accredited tourist and heritage railway operator if the Minister considers that the operator is carrying out accredited rail operations for the purpose of operating a tourist and heritage railway.". s. 37 See: Act No. 9/2006. Reprint No. 1 as at 21 August 2008 and amending Act Nos 69/2007, 77/2008, 3/2009, 26/2009, 68/2009, 69/2009 and 74/2009. LawToday: www. legislation. vic.gov.au -- 51 of 81 -- Part 4—Rail Safety-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 46 39 New section 11A inserted After section 11 of the Rail Safety Act 2006 insert— "11A National consistency It is the intention of Parliament that this Act form part of a nationally consistent scheme that regulates and promotes the maintenance of, and continuous improvement in, rail safety.". 40 New sections 46A and 46B inserted After section 46 of the Rail Safety Act 2006 insert— "46A Initial and annual accreditation fees (1) An accredited rail operator must pay to the Safety Director— (a) for being accredited— (i) an initial accreditation fee of 500 fee units; or (ii) an initial accreditation fee specified or determined under the regulations in relation to that operator, if that fee is greater than 500 fee units; and (b) an annual accreditation fee of 500 fee units or an annual accreditation fee specified or determined under the regulations in relation to that operator, if that fee is greater than 500 fee units. (2) A fee referred to in subsection (1) must be paid to the Safety Director by the prescribed date and in accordance with the regulations. s. 39 -- 52 of 81 -- Part 4—Rail Safety-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 47 (3) This section is a condition of accreditation unless the accredited rail operator is granted an exemption under section 46B. 46B Fee exemptions for accredited tourist and heritage railway operators (1) An accredited tourist and heritage railway operator may apply to the Safety Director for an exemption from the requirement to pay a fee under section 46A. (2) On receipt of an application under subsection (1), the Safety Director may grant or refuse to grant an exemption. (3) If the Safety Director refuses to grant an exemption, the Safety Director must— (a) notify the applicant— (i) of that refusal; and (ii) that they have a right to seek review of the Safety Director's decision under Part 7; and (b) give the applicant a statement of reasons for the refusal. (4) A notification under subsection (3)(a) and a statement of reasons under subsection (3)(b) must be— (a) in writing; and (b) given to the applicant as soon as practicable after the Safety Director makes his or her decision to refuse to grant the exemption.". s. 40 -- 53 of 81 -- Part 4—Rail Safety-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 48 41 Exemption from ongoing compliance with risk management requirements (1) Section 66(1) of the Rail Safety Act 2006 is repealed. (2) Section 66(10) of the Rail Safety Act 2006 is repealed. 42 Reviewable decisions In the table in section 87(2) of the Rail Safety Act 2006— (a) after item 6 insert— "6A Section 46B (refusal to grant exemption) An accredited tourist and heritage railway operator whose interests are affected by the decision."; (b) in item 18 omit "(within the meaning of section 66(1))". 43 New Division 5 of Part 11 inserted After Division 4 of Part 11 of the Rail Safety Act 2006 insert— "Division 5—Other matters 183 Validation of payment of certain annual accreditation fees (1) A relevant fee paid to the Safety Director by an accredited rail operator who is a rail infrastructure manager before the commencement of section 43 of the Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 is, on that commencement, taken to be and to have always been an annual accreditation fee paid under section 46A(1)(b) as if that section had been in force on the date of payment. s. 41 -- 54 of 81 -- Part 4—Rail Safety-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 49 (2) In subsection (1) relevant fee means— (a) a fee of 500 fee units as at 29 September 2006; (b) a fee of 500 fee units as at 29 September 2007; (c) a fee of 500 fee units as at 29 September 2008. 184 Annual accreditation fee is payable for 2009–2010 (1) This section applies to an accredited rail operator (a relevant operator) who— (a) is a rail infrastructure manager; and (b) if section 46A had been in force before 30 September 2009, would have been required by that section to pay an annual accreditation fee of 500 fee units to the Safety Director before that date for the year commencing 30 September 2009; and (c) is not an accredited tourist and heritage railway operator that has been granted an exemption under section 46B. (2) A relevant operator must, before 1 July 2010, pay for the year commencing 30 September 2009 an annual accreditation fee of 500 fee units to the Safety Director. (3) Subsection (2) applies despite anything to the contrary in this Act, the regulations or the conditions of a relevant operator's accreditation. s. 43 -- 55 of 81 -- Part 4—Rail Safety-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 50 185 Existing initial and annual accreditation fee exemptions taken to be exemptions under this Act An exemption granted under regulation 52(3) or 53(3) of the Rail Safety Regulations 2006 as in force immediately before the commencement of section 40 of the Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 is on that commencement taken to be an exemption granted under section 46B.". Division 2—Road Management Act 2004 44 Duty of responsible road authority, infrastructure manager or works manager in relation to works on or in immediate vicinity of rail infrastructure or rolling stock At the foot of section 48B of the Road Management Act 2004 insert— "Note See also Division 2 of Part 4 of the Rail Safety Act 2006.". s. 44 See: Act No. 12/2004. Reprint No. 2 as at 11 October 2006 and amending Act Nos 61/2005, 74/2006, 85/2006, 69/2007, 74/2007, 13/2009, 17/2009, 28/2009, 68/2009, 87/2009 and 93/2009. LawToday www. legislation. vic.gov.au -- 56 of 81 -- Part 4—Rail Safety-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 51 45 Duty of rail operator in relation to works on or in immediate vicinity of road infrastructure At the foot of section 48DB of the Road Management Act 2004 insert— "Note See also Division 2 of Part 4 of the Rail Safety Act 2006.". Division 3—Transport Legislation Amendment Act 2007 46 Safety interface agreements In section 61 of the Transport Legislation Amendment Act 2007, at the foot of proposed section 34B of the Rail Safety Act 2006 insert— "Note See also Division 4A of Part 4 of the Road Management Act 2004.". __________________ s. 45 See: Act No. 69/2007. Statute Book: www. legislation. vic.gov.au -- 57 of 81 -- Part 5—Bus Safety-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 52 PART 5—BUS SAFETY-RELATED AMENDMENTS Division 1—Bus Safety Act 2009 47 Definitions (1) In section 3(1) of the Bus Safety Act 2009— (a) for the definition of commercial bus service substitute— "commercial bus service means— (a) a route bus service, if that bus service operates a bus built with seating positions for 13 or more adults (including the driver) to provide that service; (b) a demand responsive bus service, if that bus service operates a bus built with seating positions for 13 or more 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 positions for 13 or more adults (including the driver) to provide that service; (d) a courtesy bus service (other than a non-commercial courtesy bus service), if that bus service operates a bus built with seating positions for 13 or more adults (including the driver) to provide that service; (e) a bus service which is a prescribed class of commercial bus service; s. 47 See: Act No. 13/2009 and amending Act Nos 68/2009, 69/2009 and 93/2009. Law Today: www. legislation. vic.gov.au -- 58 of 81 -- Part 5—Bus Safety-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 53 (f) a bus service which is declared by the Safety Director to be a commercial bus service— but does not include— (g) a bus service in a class of bus service which is prescribed not to be a class of commercial bus service; (h) a bus service which is declared by the Safety Director not to be a commercial bus service;"; (b) for the definition of responsible person substitute— "responsible person, in relation to an applicant for accreditation or an accredited bus operator, means— (a) if the applicant or accredited bus operator is an individual, the applicant or accredited bus operator; or (b) in any other case, a relevant person nominated by the applicant or accredited bus operator as the responsible person;"; (c) in the definition of local bus service, after "by a bus" insert "built with seating positions for 13 or more adults (including the driver) and"; (d) in the definition of operator for "a person" (where first occurring) substitute "the person". s. 47 -- 59 of 81 -- Part 5—Bus Safety-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 54 (2) In section 3(1) of the Bus Safety Act 2009 insert the following definitions— "person includes a body corporate, unincorporated body or association and a partnership; relevant person, in relation to an applicant for accreditation to operate a commercial bus service or local bus service or an accredited bus operator, means— (a) if the applicant or accredited bus operator is a natural person, the applicant or operator; or (b) if the applicant or accredited bus operator is a partnership, a partner who is concerned, or takes part, in the management of the activities to which the application or accreditation relates; or (c) if the applicant or accredited bus operator is an unincorporated body or association other than a partnership, a member of the committee of management of the body or association who is concerned, or takes part, in the management of the activities to which the application or accreditation relates; or (d) if the applicant or accredited bus operator is a company, a co-operative or an incorporated association, an officer of the company, co-operative or incorporated association; or (e) if the applicant or accredited bus operator is a body corporate other than a company, co-operative or incorporated association, an officer of the body who is concerned, or takes s. 47 -- 60 of 81 -- Part 5—Bus Safety-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 55 part, in the management of the activities to which the application or accreditation relates;". 48 Registration of operator of bus services that are not commercial bus services or local bus services After section 22(8) of the Bus Safety Act 2009 insert— "(9) 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— (a) holds a full driver licence for the category of motor vehicle that person is driving for the registered bus operator; or (b) holds a driver licence issued in another jurisdiction that is equivalent to the licence specified in paragraph (a). Penalty: 60 penalty units. (10) In subsection (9)— full driver licence has the same meaning as it has in the Road Safety Act 1986.". 49 Application for accreditation For section 25(2) of the Bus Safety Act 2009 substitute— "(2) An application must— (a) be made in a manner and form determined by the Safety Director; s. 48 -- 61 of 81 -- Part 5—Bus Safety-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 56 (b) be accompanied by— (i) the application fee; (ii) evidence, as required by the regulations, that each relevant person satisfies the requirements for accreditation; (c) in the case of an application by a person that is not a natural person, nominate at least one relevant person as the responsible person; (d) be accompanied by any other matter that is required by the regulations.". 50 Accreditation application to be refused in certain circumstances (1) In section 27(a) of the Bus Safety Act 2009, for "responsible person" substitute "a relevant person". (2) At the end of section 27 of the Bus Safety Act 2009 insert— "(2) The Safety Director must not refuse to accredit an operator of a commercial bus service or local bus service on a ground referred to in subsection (1)(a) if a decision to refuse accreditation in respect of that operator has previously been overturned by VCAT.". 51 Accreditation may be refused in certain circumstances In section 28 of the Bus Safety Act 2009, for "responsible person" (wherever occurring) substitute "a relevant person". s. 50 -- 62 of 81 -- Part 5—Bus Safety-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 57 52 Decision on application may be postponed In section 29(a) of the Bus Safety Act 2009, for "responsible person" substitute "a relevant person". 53 Issue of certificate of accreditation In section 33(1)(b)(iii) of the Bus Safety Act 2009 omit "if there is a responsible person,". 54 Accredited bus operator to notify of relevant changes in circumstances In section 41(5) of the Bus Safety Act 2009, for "responsible person" substitute "relevant person". 55 Power of immediate suspension In section 48(3)(c) of the Bus Safety Act 2009, for "responsible person" substitute "a relevant person". 56 Mandatory cancellation (1) In section 49 of the Bus Safety Act 2009, for "responsible person" substitute "relevant person". (2) At the end of section 49 of the Bus Safety Act 2009 insert— "(2) The Safety Director must not cancel an accreditation of an accredited bus operator on a ground referred to in subsection (1) if a decision to refuse accreditation or a decision to cancel an accreditation in respect of that accredited bus operator on that ground has previously been overturned by VCAT.". s. 52 -- 63 of 81 -- Part 5—Bus Safety-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 58 57 Disciplinary action against an accredited bus operator In section 50 of the Bus Safety Act 2009— (a) in subsection (2), for "responsible person" substitute "relevant person"; (b) in subsection (4), for "responsible person" substitute "a relevant person". 58 Safety Director may set accreditation fees In section 67(1)(a) of the Bus Safety Act 2009 for "accreditation fees" substitute "application fees". 59 New section 69A inserted After section 69 of the Bus Safety Act 2009 insert— "69A Liability of officers of partnerships and unincorporated bodies or associations If— (a) this Act imposes a duty on a person or provides that a person is guilty of an offence; and (b) the person is a partnership or an unincorporated body or association (including a partnership or an unincorporated body or association representing the Crown)— the reference to the person is taken to be instead a reference to each officer of the partnership, body or association (as the case may be).". 60 Accreditation and registration In section 76(k) of the Bus Safety Act 2009, after "registration fees" insert ", application fees". s. 57 -- 64 of 81 -- Part 5—Bus Safety-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 59 61 New Division 3 inserted After Division 2 of Part 8 of the Bus Safety Act 2009 insert— "Division 3—Transitional provisions for operators who must be registered or accredited 78A Definition In this Division— commencement day means 31 December 2010. 78B Transitional provision for existing bus operators requiring registration from commencement day (1) This section applies to a person who was an operator of a bus service immediately before the commencement day and that bus service in respect of which the person is the operator, is on and from the commencement day, a bus service that is not a commercial bus service or a local bus service. (2) Subject to subsection (3), a person to whom this section applies is not required to comply with section 22 until 31 December 2011. (3) A person who is an operator of a bus service to whom this section applies is required to comply with section 22 before 31 December 2011 if the person is served with a notice from the Safety Director requiring the person to register as an operator of a bus service to which section 22 applies. s. 61 -- 65 of 81 -- Part 5—Bus Safety-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 60 (4) A notice served on a person under subsection (3) must— (a) be in writing; and (b) be served by registered or certified post; and (c) state that the person is required to apply for registration under section 22 within the period specified in the notice. (5) The period specified in a notice under subsection (4)(c) must not be less than 28 days after the notice is served on the person. 78C Transitional provision for bus operators no longer required to be accredited from commencement day Despite the repeal of Part 2 of the Public Transport Competition Act 1995 by this Act, a person who— (a) immediately before the commencement day, was accredited to operate a road transport passenger service within the meaning of the Public Transport Competition Act 1995; and (b) on and after the commencement day— (i) is not required to be accredited as an operator of a bus service under Division 2 of Part 4; and (ii) is required to be registered as an operator of a bus service under section 22— continues to be, on and after the commencement day, a person accredited under the Public Transport Competition Act 1995, as if Part 2 of that Act had not s. 61 -- 66 of 81 -- Part 5—Bus Safety-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 61 been repealed, until 31 December 2011 unless that person is registered under section 22 before 31 December 2011. 78D Transitional provision for drivers of commercial passenger vehicles (1) This section applies to a person who was licensed to operate a commercial passenger vehicle immediately before the commencement day under Division 5 of Part VI of the Transport Act 1983 and the vehicle in respect of which the person is licensed, is on and after the commencement day, a bus. (2) A person referred to in subsection (1) is, on and after the commencement day, deemed to comply with this Act and the regulations if the person complies with the conditions of his or her licence issued under Division 5 of Part VI of the Transport Act 1983 until the earlier of— (a) the person becoming a registered bus operator or an accredited bus operator; or (b) 31 December 2011.". 62 Consequential amendment of section 82 For section 82(4) of the Bus Safety Act 2009 substitute— "(4) Sections 36(1B) and 36(2) of the Public Transport Competition Act 1995 are repealed.". s. 62 -- 67 of 81 -- Part 5—Bus Safety-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 62 63 Section 89 substituted For section 89 of the Bus Safety Act 2009 substitute— '89 New section 191ZGA inserted After the heading to Subdivision 1 of Division 6 of Part 10A of the Road Safety Act 1986 insert— "191ZGA Fatigue regulated heavy vehicle that is a bus (1) For the purposes of this Subdivision and Subdivision 2, if a fatigue regulated heavy vehicle is a bus used to provide a bus service within the meaning of the Bus Safety Act 2009, any reference to the Corporation must be read as a reference to the Safety Director. (2) For the purposes of Subdivisions 4 and 5, if a fatigue regulated heavy vehicle is a bus used to provide a bus service within the meaning of the Bus Safety Act 2009, any reference to the Corporation must be read as a reference to the Safety Director to the extent that a provision in those subdivisions relates to accreditation.".'. 64 Amendment of Division 6 of Part VI—amendment of section 95 (1) In section 95(6) of the Bus Safety Act 2009, in proposed new section 166(1)(b) of the Transport Act 1983, for "a commercial bus service" substitute "a bus used to provide a commercial bus service". s. 63 -- 68 of 81 -- Part 5—Bus Safety-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 63 (2) For section 95(7) of the Bus Safety Act 2009 substitute— '(6A) For section 167(1C)(b) of the Transport Act 1983 substitute— "(b) the objective of ensuring that applicants are technically competent to operate— (i) a commercial passenger vehicle; or (ii) a bus used to provide a commercial bus service or local bus service within the meaning of the Bus Safety Act 2009.". (7) In section 167(1D)(d) of the Transport Act 1983, for "private bus services" substitute "local bus services".'. 65 Amendment of section 228S—Definitions (1) For section 96(2) of the Bus Safety Act 2009 substitute— '(2) In section 228S(1) of the Transport Act 1983, after paragraph (d) of the definition of compliance and investigative purposes insert— "(e) related to ascertaining whether an approved bus code of practice has been or is being complied with; (f) related to an audit under section 20 of the Bus Safety Act 2009;".'. (2) For section 96(3)(a) of the Bus Safety Act 2009 substitute— '(a) after paragraph (a) insert— "(aa) an operator of any bus service; or".'. s. 65 -- 69 of 81 -- Part 5—Bus Safety-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 64 66 Statute law revision In section 82(5) of the Bus Safety Act 2009, in proposed new section 38(2A) and (2B) of the Public Transport Competition Act 1995— (a) for "(2A) Without" substitute "(1A) Without"; (b) for "(2B) For" substitute "(1B) For". Division 2—Transport Act 1983 67 Definition for Part VI In section 86(1) of the Transport Act 1983— (a) in the definition of category 1 offence after paragraph (f) insert— "(fa) an offence against section 271.4 (trafficking in children), or section 271.7 (domestic trafficking in children), of the Criminal Code of the Commonwealth; or"; (b) in the definition of category 2 offence after paragraph (cj) insert— "(ck) 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; or". 68 Definition for Division 4 of Part VI In section 130A(1) of the Transport Act 1983, in the definition of tier 2 offence, after paragraph (bd) insert— "(be) an offence against section 271.3 (aggravated offence of trafficking in persons), or section 271.6 (aggravated offence of domestic s. 66 -- 70 of 81 -- Part 5—Bus Safety-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 65 trafficking in persons), of the Criminal Code of the Commonwealth; or (bf) an offence against section 271.4 (trafficking in children), or section 271.7 (domestic trafficking in children), of the Criminal Code of the Commonwealth; or". Division 3—Transport (Compliance and Miscellaneous) Act 1983 69 General inspection, inquiry and search powers (1) In section 228ZB(1) of the Transport (Compliance and Miscellaneous) Act 1983— (a) for "railway premises" (where first occurring) substitute "public transport premises"; (b) in paragraph (a), for "or any other thing in or on the railway premises" substitute "or a bus or any other thing in or on the public transport premises"; (c) in paragraph (b)(i), for "railway premises" substitute "public transport premises"; (d) in paragraph (b)(ii), for "in or on the railway premises" substitute "or a bus in or on the public transport premises"; (e) in paragraph (c), for "railway premises" substitute "public transport premises"; (f) in paragraph (f), after "accredited rail operator" insert "or an accredited or registered bus operator"; (g) in paragraphs (h) and (i), for "railway premises" substitute "public transport premises". s. 69 -- 71 of 81 -- Part 5—Bus Safety-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 66 (2) In section 228ZB(3) of the Transport (Compliance and Miscellaneous) Act 1983— (a) after "rolling stock" (where firstly and secondly occurring) insert "or a bus"; (b) after "one or more of the" insert "bus or". 70 Other amendments to Division 4B of Part VII of the Transport (Compliance and Miscellaneous) Act 1983 (1) In sections 228ZC(1), 228ZE, 228ZF, 228ZG, 228ZI and 228ZJ of the Transport (Compliance and Miscellaneous) Act 1983, for "railway premises" (wherever occurring) substitute "public transport premises". (2) In section 228ZO(3)(c) of the Transport (Compliance and Miscellaneous) Act 1983 after "rolling stock" (wherever occurring) insert "or a bus". (3) In sections 228ZP(a), 228ZT, 228ZZ, 228ZZA and 228ZZB(3) of the Transport (Compliance and Miscellaneous) Act 1983, for "railway premises" (wherever occurring) substitute "public transport premises". s. 70 -- 72 of 81 -- Part 5—Bus Safety-Related Amendments Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 67 Division 4—Public Transport Competition Act 1995 71 New section 38A inserted After section 38 of the Public Transport Competition Act 1995 insert— "38A Extension of operation of Regulations (1) Unless sooner revoked, the Public Transport Competition Regulations 1999 are revoked on 31 December 2010. (2) Section 5 of the Subordinate Legislation Act 1994 does not apply to the Public Transport Competition Regulations 1999. (3) This section applies despite anything to the contrary in the Subordinate Legislation (Public Transport Competition Regulations 1999 - Extension of Operation) Regulations 2009.". __________________ s. 71 See: Act No. 68/1995. Reprint No. 3 as at 12 December 2007 and amending Act Nos 2/2008, 13/2009 and 69/2009. LawToday: www. legislation. vic.gov.au -- 73 of 81 -- Part 6—Other Amendments to Acts Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 68 PART 6—OTHER AMENDMENTS TO ACTS Division 1—Transport 1983 72 Definitions In section 2(1) of the Transport Act 1983 insert the following definitions— "Southern Cross Station means those parts of the Southern Cross Station precinct that are declared to be the Southern Cross Station by Order under section 57(1); Southern Cross Station precinct means the land hatched on the plan in Schedule 2 to the Rail Corporations Act 1996 as in force immediately before the commencement of section 7 of the Transport Legislation General Amendments Act 2009;". 73 Regulations In section 56(1) of the Transport Act 1983— (a) in paragraph (b), after "anyone in" insert "Southern Cross Station or in"; and (b) in paragraph (ba), for "those vehicles or places" substitute "a vehicle or place referred to in paragraph (b)"; and (c) in paragraph (c)— (i) after "damage to" insert "Southern Cross Station or"; and (ii) after "undertaking" insert "in Southern Cross Station or"; and (d) in paragraph (d), after "onto" insert "Southern Cross Station or"; and (e) in paragraph (e), after "upon" insert "Southern Cross Station or"; and s. 72 -- 74 of 81 -- Part 6—Other Amendments to Acts Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 69 (f) in paragraph (f), after "from" insert "Southern Cross Station or"; and (g) in paragraph (g), after "vehicles standing" insert "in Southern Cross Station or"; and (h) in paragraph (ga), after "parking of vehicles" insert "in Southern Cross Station or"; and (i) in paragraph (h), after "placing by persons of refuse, rubbish or other materials" insert "in Southern Cross Station or"; and (j) in paragraph (k), after "emissions from" insert "Southern Cross Station or"; and (k) in paragraph (ma), after "onto" insert "Southern Cross Station or". 74 New section 57 inserted After section 56 of the Transport Act 1983 insert— "57 Declaration of Southern Cross Station for purposes of regulations (1) The Governor in Council may, by notice published in the Government Gazette, declare a part of the Southern Cross Station precinct to be the Southern Cross Station. (2) A declaration under subsection (1) may be by reference to a map.". 75 Conditions in relation to holiday surcharges (1) In section 144(2)(da) of the Transport Act 1983, after "surcharge" insert "or holiday surcharge". (2) In section 144(5) of the Transport Act 1983, after "surcharge" insert "or holiday surcharge". s. 74 -- 75 of 81 -- Part 6—Other Amendments to Acts Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 70 (3) In section 144(9) of the Transport Act 1983 insert the following definition— "holiday surcharge means that part of a taxi-cab fare or hiring rate specified as a holiday surcharge under section 144A(3);". 76 Determination of taxi fares or hiring rates In section 144A(3) of the Transport Act 1983, after "surcharge" insert "or a holiday surcharge". 77 Definitions for purposes of Part VII In section 208 of the Transport Act 1983— (a) in the definition of hand held reader— (i) after "devices" insert ", of a prescribed kind, that is"; (ii) for "displaying and recording" substitute "storing and displaying"; (b) in the definition of presribed device, in paragraph (b), omit "of a prescribed kind". 78 Regulations for ticket infringements and transport infringements After section 215(2)(a) of the Transport Act 1983 insert— "(ab) prescribe a lower amount of penalty for a transport infringement or ticket infringement committed by a person under the age of 18 years; and". 79 Evidentiary certificates—relevant transport safety laws In section 230A(2) of the Transport Act 1983, in the definition of exemption, in paragraph (a), after "section" insert "46B,". s. 76 -- 76 of 81 -- Part 6—Other Amendments to Acts Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 71 80 Amendment of Division heading In the heading to Division 6 of Part VII of the Transport Act 1983 omit "safety". 81 Statute law revision (1) In section 228Y(1)(a) of the Transport Act 1983 omit "who" (where secondly occurring). (2) In section 228ZZQ(1)(a) of the Transport Act 1983, for "7, 10 and 11" substitute "7, 9 and 10". Division 2—Rail Corporations Act 1996 82 New section 118A inserted After section 118 of the Rail Corporations Act 1996 insert— "118A Allocation statement relating to PTC (1) The relevant PTC allocation statement is taken, and is always to have been taken, to have the same force and effect it would have had the Minister fixed the date of 30 June 1998 under section 39(2) as the relevant date for the purposes of the relevant PTC allocation statement. (2) In this section— relevant PTC allocation statement means the allocation statement dated 30 June 1998— (a) allocating certain property, rights and liabilities of the PTC to RailTrack; and (b) given to the Minister in accordance with section 40; the PTC means the former Corporation (within the meaning of the Transport Act 1983).". s. 80 See: Act No. 79/1996. Reprint No. 4 as at 30 October 2006 and amending Act Nos 69/2007, 15/2008, 26/2009 and 69/2009. LawToday: www. legislation. vic.gov.au -- 77 of 81 -- Part 6—Other Amendments to Acts Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 72 Division 3—Road Safety Act 1986 83 Service of parking infringement notices (1) In section 87(1AD) of the Road Safety Act 1986, for "If an authorised officer" substitute "Subject to subsections (1AE) to (1AG), if an authorised officer". (2) After section 87(1AD) of the Road Safety Act 1986 insert— "(1AE) Before serving or causing to be served a parking infringement notice, an authorised officer within the meaning of section 208 of the Transport Act 1983 (as authorised under section 221AB of that Act) may serve a parking infringement advisory notice. (1AF) A parking infringement advisory notice must state that a parking infringement has been reported to the Department by the authorised officer. (1AG) A parking infringement advisory notice must be served by affixing or placing the notice on the relevant vehicle in a conspicuous manner.". Division 4—Marine Act 1988 84 Statute law revision In section 112D(2) of the Marine Act 1988— (a) in paragraph (a)(ii), for "paragraph (a)" substitute "subparagraph (i)"; (b) in paragraph (a)(iii), for "paragraph (a) or (b)" substitute "subparagraph (i) or (ii)". s. 83 See: Act No. 127/1986. Reprint No. 11 as at 29 September 2008 and amending Act Nos 19/1991, 30/2007, 2/2008, 12/2008, 46/2008, 77/2008, 13/2009, 17/2009, 28/2009, 55/2009, 68/2009, 69/2009 and 93/2009. LawToday: www. legislation. vic.gov.au -- 78 of 81 -- Part 6—Other Amendments to Acts Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 73 Division 5—Major Transport Projects Facilitation Act 2009 85 Statute law revision In section 214 of the Major Transport Projects Facilitation Act 2009, for "section 211(1)" substitute "section 213". __________________ s. 85 See: Act No. 56/2009 and amending Act Nos 69/2009 and 93/2009. LawToday: www. legislation. vic.gov.au -- 79 of 81 -- Part 7—Repeal of Amending Act Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 74 PART 7—REPEAL OF AMENDING ACT 86 Repeal This Act is repealed on 1 July 2012. 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. 86 -- 80 of 81 -- Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010 No. 19 of 2010 75 ENDNOTES † Minister's second reading speech— Legislative Assembly: 10 March 2010 Legislative Council: 25 March 2010 The long title for the Bill for this Act was "A Bill for an Act to amend the Transport Act 1983, the Bus Safety Act 2009, the Rail Safety Act 2006, the Marine Act 1988, the Rail Corporations Act 1996, the Road Safety Act 1986, the Working with Children Act 2005, the Public Transport Competition Act 1995, the Road Management Act 2004, the Transport Legislation Amendment Act 2007 and other Acts and for other purposes." Endnotes -- 81 of 81 --