Victorian Current Acts Victorian Current Acts(1) In this Act—
S. 3(1) def. of accreditation fee amended by No. 34/2023 s. 127(Sch. 1 item 1.1(a)).
"accreditation fee" means the fee to be paid in respect of an application for accreditation under Part 4 or any annual accreditation fee—
(a) set by Safe Transport Victoria under section 67; or
(b) if a fee has not been set by Safe Transport Victoria, the prescribed fee;
"accredited bus operator" means a bus operator accredited under Part 4;
S. 3(1) def. of accredited driver inserted by No. 34/2023 s. 3(1).
"accredited driver" means a person who holds a driver accreditation;
S. 3(1) def. of applicable pre-1973 fraud or dishonesty offence inserted by No. 49/2011 s. 28(2), repealed by No. 30/2021 s. 3(2).
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S. 3(1) def. of approved training course repealed by No. 30/2021 s. 3(2).
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"Australian Design Rules" means the Australian Design Rules for Motor Vehicles and Trailers, endorsed by the Australian Transport Advisory Council and published pursuant to section 7 of the Motor Vehicle Standards Act 1989 of the Commonwealth;
S. 3(1) def. of body corporate inserted by No. 27/2014 s. 133(1).
"body corporate "has the same meaning as corporation has in section 57A of the Corporations Act;
S. 3(1) def. of bus amended by Nos 6/2010 s. 203(1)(Sch. 6 item 4.2(a)) (as amended by No. 45/2010 s. 22), 35/2017 s. 72, 63/2017 s. 21(Sch. 1 item 1), 34/2023 s. 127(Sch. 1 item 1.1(b)).
"bus" means—
(a) a motor vehicle that has been built—
(i) with seating positions for 10 or more adults (including the driver); and
(ii) to comply with the requirements specified in the Australian Design Rules for a passenger omnibus (within the meaning of those Rules);
(b) a motor vehicle prescribed to be a bus;
(c) a motor vehicle which Safe Transport Victoria has declared to be a bus under section 7(1)—
but does not include—
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(e) a motor vehicle prescribed not to be a bus;
(f) a motor vehicle which Safe Transport Victoria has declared not to be a bus;
(g) a vehicle known as a Hummer;
Examples
1 A passenger car modified to have more than 9 seats (for example, a stretch limousine) is not a bus.
2 A motor vehicle that is built as a bus but which has had seats removed so that it seats less than 10 adults is still a bus.
3 A motor vehicle built overseas as a bus is a bus unless it is a motor vehicle built to be a Hummer.
S. 3(1) def. of bus premises inserted by No. 30/2021 s. 3(1)(a).
"bus premises" has the same meaning as it has in the Transport (Safety Schemes Compliance and Enforcement) Act 2014 ;
S. 3(1) def. of bus safety law inserted by No. 30/2021 s. 3(1)(a).
"bus safety law" means—
(a) this Act or the regulations; or
(b) a provision of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 that applies in relation to buses or bus premises;
"bus safety work" means an activity that may affect the safety of bus services including—
(a) driving a bus or activities associated with driving a bus;
(b) designing, constructing, supplying, repairing, modifying, maintaining, monitoring, examining or testing a bus;
(c) designing, constructing, supplying, installing, repairing, modifying, maintaining, monitoring, examining or testing equipment in or on a bus;
(d) setting or altering a schedule or timetable for a bus service;
(e) a prescribed activity;
"bus safety worker" means a person who has carried out, is carrying out or is about to carry out, bus safety work including a person who is—
(a) employed or engaged by a bus operator to carry out bus safety work;
(b) engaged by any other person to carry out bus safety work;
(c) a trainee;
(d) a volunteer;
"bus service" means the operation of one or more buses to provide a service for the transport of passengers by road;
"bus stop infrastructure" has the same meaning as it has in section 48H of the Road Management Act 2004 ;
"bus stopping point" has the same meaning as it has in section 48H of the Road Management Act 2004 ;
S. 3(1) def. of category 1 offence inserted by No. 34/2023 s. 3(1).
category 1 offence means an offence listed in Part 1 of Schedule 1;
S. 3(1) def. of category 2 offence inserted by No. 34/2023 s. 3(1).
category 2 offence means an offence listed in Part 2 of Schedule 1;
S. 3(1) def. of category 3 offence inserted by No. 34/2023 s. 3(1).
category 3 offence means an offence listed in Part 3 of Schedule 1;
S. 3(1) def. of commercial bus service substituted by No. 19/2010 s. 47(1)(a), amended by No. 34/2023 s. 127(Sch. 1 item 1.1(c)).
"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;
(f) a bus service which is declared by Safe Transport Victoria 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 Safe Transport Victoria not to be a commercial bus service;
S. 3(1) def. of commercial minibus inserted by No. 49/2011 s. 31(2).
"commercial minibus "service means—
(a) a route service, if that bus service operates a bus built with seating for 10, 11 or 12 adults (including the driver) to provide that service;
(b) a demand responsive bus service, if that bus service operates a bus built with seating for 10, 11 or 12 adults (including the driver) to provide that service;
(c) a tour and charter bus service, if that bus service operates a bus built with seating for 10, 11 or 12 adults (including the driver) to provide that service;
"community and private bus service "means a service—
(a) consisting of the carriage of passengers by a bus for or in connection with the activities of a religious, educational, health, welfare, philanthropic, sporting or social body; and
(b) which is provided for no consideration or for consideration which is limited to the costs or part of the costs incurred in making the journey;
S. 3(1) def. of co-operative amended by No. 9/2013 s. 42(Sch. 2 item 5).
"co-operative" has the same meaning as in the Co‑operatives National Law (Victoria);
S. 3(1) def. of correspond-ing Bus Safety Regulator amended by No. 34/2023 s. 127(Sch. 1 item 1.1(d)).
"corresponding Bus Safety Regulator" means—
(a) the person who, or body that, has functions or powers under a corresponding law that substantially correspond to the functions and powers of Safe Transport Victoria under this Act; or
(b) a person prescribed by the regulations as the corresponding Bus Safety Regulator for another State or Territory of the Commonwealth for the purposes of this Act;
"corresponding law" means—
(a) the law of another State or a Territory of the Commonwealth corresponding, or substantially corresponding, to this Act; or
(b) a law of another State or Territory of the Commonwealth that is declared under the regulations to be a corresponding law, whether or not the law corresponds, or substantially corresponds, to this Act;
"courtesy bus service" means a service consisting of the carriage of passengers by a bus for any consideration or in the course of any trade or business;
"demand responsive bus service" means a service consisting of the carriage of passengers by a bus for hire or reward within a specified area on a regular basis along a route which varies in accordance with the demand of prospective passengers and for which passengers are each charged a separate fare;
S. 3(1) def. of Department amended by Nos 70/2013 s. 4(Sch. 2 item 6), 30/2021 s. 3(1)(c).
"Department "means the Department of Transport;
S. 3(1) def. of disqualifying offence repealed by No. 30/2021 s. 3(2), new def. of disqualifying offence inserted by No. 34/2023 s. 3(1).
"disqualifying offence" means a category 1 offence, a category 2 offence or a category 3 offence;
S. 3(1) def. of drive inserted by No. 34/2023 s. 3(1).
"drive", in relation to a motor vehicle, includes being in control of a vehicle;
S. 3(1) def. of driver accreditation inserted by No. 34/2023 s. 3(1).
"driver accreditation" means an accreditation under Part 4A and in Division 6 of Part 4A includes an accreditation under Part 5 of the Commercial Passenger Vehicle Industry Act 2017 ;
"drug" means a substance that is a drug for the purposes of this Act by virtue of a declaration under section 8 or any other substance (other than alcohol) which, when consumed or used by a person, deprives that person (temporarily or permanently) of any of his or her normal mental or physical faculties;
S. 3(1) def. of highway inserted by No. 49/2011 s. 31(2).
"highway" has the same meaning as it has in the Road Safety Act 1986 ;
S. 3(1) def. of hire and drive bus service amended by No. 21/2012 s. 239(Sch. 6 item 6).
"hire and drive bus service" means a service consisting of the provision of a bus for hiring (otherwise than under a hire-purchase agreement within the meaning of the Australian Consumer Law and Fair Trading Act 2012 ) by a person for a certain period for valuable consideration on the condition that it will be driven during that period by the hirer or another person on behalf of the hirer;
"incorporated association" has the same meaning as in the Associations Incorporation Act 1981 ;
S. 3(1) def. of local bus service amended by Nos 19/2010 s. 47(1)(c), 49/2011 s. 31(1).
"local bus service" means a service consisting of the carriage of passengers by a bus built with seating positions for 13 or more adults (including the driver) and that—
(a) is operated on a regular basis or subject to demand; and
(b) is available for use by the general public; and
(c) is not operated for hire or reward;
S. 3(1) def. of motor vehicle inserted by No. 49/2011 s. 31(2).
"motor vehicle "means a motor vehicle within the meaning of the Road Safety Act 1986 and includes a trailer attached to the motor vehicle;
S. 3(1) def. of non-commercial courtesy bus service amended by No. 34/2023 s. 127(Sch. 1 item 1.1(e)).
"non-commercial courtesy bus service" means a bus service declared by Safe Transport Victoria under section 7(1)(c) to be a non-commercial courtesy bus service;
S. 3(1) def. of officer in relation to a body corporate (other than an incorporated association) inserted by No. 27/2014 s. 133(2).
"officer" in relation to a body corporate (other than an incorporated association) means—
(a) a person who is an officer (as defined by section 9 of the Corporations Act) of the body corporate; or
(b) a person (other than a person referred to in paragraph (a)), by whatever name called, who is concerned in, or takes part in, the management of the body corporate;
S. 3(1) def. of officer , in relation to a body corporate other than a company, co‑operative or incorporated association repealed by No. 27/2014 s. 133(2).
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S. 3(1) def. of officer , in relation to a company repealed by No. 27/2014 s. 133(2).
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"officer", in relation to a co-operative, means—
(a) a director or secretary of the co‑operative; or
(b) a person who is concerned, or takes part, in the management of the co‑operative, whether or not as a director;
S. 3(1) def. of officer , in relation to an incorporated association amended by No. 20/2012 s. 226(Sch. 5 item 2).
"officer", in relation to an incorporated association means—
(a) the secretary (within the meaning of the Associations Incorporation Reform Act 2012 ) of the incorporated association; or
(b) a member of the committee (within the meaning of the Associations Incorporation Reform Act 2012 ) of the incorporated association; or
(c) a person who is concerned, or takes part, in the management of the incorporated association;
S. 3(1) def. of operator amended by No. 19/2010 s. 47(1)(d).
"operator", in relation to a bus service, means the person who is responsible for controlling or directing the operations of a bus service in connection with a business or activity for, or involving, the transport of passengers by road by that bus service, but does not include a person who merely—
(a) arranges for the registration of a bus; or
(b) maintains or arranges for the maintenance of a bus;
S. 3(1) def. of person inserted by No. 19/2010 s. 47(2).
"person" includes a body corporate, unincorporated body or association and a partnership;
"prescribed" means prescribed by the regulations;
S. 3(1) def. of probationary driver licence inserted by No. 30/2021 s. 3(1)(a).
"probationary driver licence" has the same meaning as it has in section 3(1) of the Road Safety Act 1986 ;
"procurer" means a person who charters a bus service or otherwise engages with an operator for the purposes of using the bus service, whether or not the provision of the bus service is on a commercial basis;
S. 3(1) def. of registered bus operator repealed by No. 30/2021 s. 3(2).
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"regulations" means regulations made under this Act;
S. 3(1) def. of relevant person inserted by No. 19/2010 s. 47(2), amended by No. 30/2021 s. 3(1)(b).
"relevant person", in relation to an applicant for accreditation to operate a 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 part, in the management of the activities to which the application or accreditation relates;
S. 3(1) def. of responsible person substituted by No. 19/2010 s. 47(1)(b).
"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;
"route bus service" means a bus service consisting of the carriage of passengers by a bus for hire or reward operated along a fixed route on a regular basis;
S. 3(1) def. of Safe Transport Victoria inserted by No. 34/2023 s. 127(Sch. 1 item 1.1(f)).
"Safe Transport Victoria" has the same meaning as in section 3 of the Transport Integration Act 2010 ;
S. 3(1) def. of Safety Director substituted by No. 6/2010 s. 203(1)(Sch. 6 item 4.2(b)) (as amended by No. 45/2010 s. 22), repealed by No. 34/2023 s. 127(Sch. 1 item 1.1(g)).
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"Secretary "means the Secretary to the Department;
S. 3(1) def. of specified indictable fraud or dishonesty offence inserted by No. 49/2011 s. 28(2), repealed by No. 30/2021 s. 3(2).
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S. 3(1) def. of tier 1 offence amended by Nos 93/2009 s. 49(3)(a), 47/2016 s. 32, 34/2020 s. 160, repealed by No. 30/2021 s. 3(2).
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S. 3(1) def. of tier 2 offence amended by Nos 93/2009 s. 49(3)(b), 49/2011 s. 28(1), repealed by No. 30/2021 s. 3(2).
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S. 3(1) def. of tier 3 offence repealed by No. 30/2021 s. 3(2).
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"tour and charter bus service" means—
(a) a bus service operated for the carriage of tourists by a bus for hire or reward to a common destination; or
(b) a bus service operated for the carriage of a group of persons by bus for hire or reward by being previously booked or ordered by that group or by another person on behalf of that group and in respect of which the members of that group are not each charged a separate fare;
S. 3(1) def. of transport safety officer inserted by No. 30/2021 s. 3(1)(a).
"transport safety officer" has the same meaning as it has in the Transport (Safety Schemes Compliance and Enforcement) Act 2014 ;
"volunteer" means a person who is acting on a voluntary basis (irrespective of whether the person receives out-of-pocket expenses).
(2) For the purposes of the definition of route bus service in subsection (1)—
(a) a route is a fixed route even if—
(i) a stop on the route is not used on every journey, or ceases to be used altogether; or
(ii) different routes are used on different journeys of the bus service to get from one stop on the route to another stop on the route;
(b) a bus service operates on a regular basis even if—
(i) it only operates on any particular occasion if there is a sufficient level of demand for it; or
(ii) it requires a person using it to book or reserve a place before using it.
S. 3(3) amended by No. 55/2014 s. 142, substituted by No. 34/2023 s. 3(2).
(3) A reference to a person who has been found guilty of an offence is a reference to a person—
(a) against whom a court has made a formal finding that the person is guilty of the offence that has not been subsequently quashed or set aside by a court; or
(b) from whom a court has accepted a plea that the person is guilty of the offence that has not been subsequently quashed or set aside by a court; or
(c) from whom a court has accepted an admission under section 100 of the Sentencing Act 1991 that the person has committed the offence, or from whom a similar admission has been accepted under a provision of a law of a jurisdiction other than Victoria that substantially corresponds to that section, that has not been subsequently quashed or set aside by a court; or
(d) in relation to whom any of the following infringement notices has taken effect as a conviction for the offence specified in the notice—
(i) an infringement notice to which section 61A(2) of the Marine (Drug, Alcohol and Pollution Control) Act 1988 applies;
(ii) a traffic infringement notice to which section 89A(2) of the Road Safety Act 1986 applies; or
(e) against whom a finding has been made under—
(i) section 17(1)(b) or 38X(1)(b) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 that the person was not guilty of the offence because of mental impairment; or
(ii) section 17(1)(c) or 38X(1)(c) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 that the person committed the offence or an offence available as an alternative; or
(iii) the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 of not guilty because of mental impairment; or
(f) against whom a finding similar to a finding referred to in paragraph (e) has been made under a provision of a law of a jurisdiction other than Victoria that substantially corresponds to the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 or to a provision of that Act referred to in paragraph (e).
(4) A reference to a person who has been charged with an offence is a reference to a person—
S. 3(4)(a) amended by No. 68/2009 s. 97(Sch. item 14.1).
(a) against whom an indictment has been filed for the offence; or
S. 3(4)(b) amended by No. 68/2009 s. 97(Sch. item 14.2).
(b) against whom a charge-sheet charging the offence has been filed, whether or not—
(i) a summons to answer the charge; or
(ii) a warrant to arrest the person—
has been issued or served.
(5) A reference to a charge that has not been finally disposed of is a reference to a charge that has not been finally disposed of by—
S. 3(5)(a) amended by No. 68/2009 s. 97(Sch. item 14.3).
(a) being withdrawn or by the discontinuance of the prosecution; or
(b) the charge having been dismissed by a court; or
S. 3(5)(c) amended by No. 68/2009 s. 97(Sch. item 14.4).
(c) the person charged having been discharged by a court following a committal hearing; or
S. 3(5)(d) amended by No. 68/2009 s. 97(Sch. item 14.5).
(d) the person charged having been acquitted or found guilty of the offence by a court; or
(e) any other prescribed means.
S. 3A
inserted by No. 6/2010 s. 24(5)(Sch. 1 item 4) (as amended by No. 45/2010
s. 5).