Victorian Current Acts

COMMERCIAL PASSENGER VEHICLE INDUSTRY ACT 2017 - SECT 172

    (1)     An improvement notice must—

        (a)     if the notice relates to a contravention or likely contravention of this Act or the regulations—

              (i)     state that the regulator or the authorised officer believes the person—

    (A)     is contravening a provision of this Act or the regulations; or

    (B)     has contravened a provision of this Act or the regulations in circumstances that make it likely that the contravention will continue or be repeated; and

              (ii)     state the provision the regulator or the officer believes is being, or has been, contravened; and

              (iii)     briefly state how the provision is being, or has been, contravened; and

              (iv)     state the day before which the person is required to remedy the contravention or likely contravention; and

        (b)     in any other case—

              (i)     state that the regulator or the officer believes the person     is providing, or has provided, commercial passenger vehicle services that threaten safety; and

              (ii)     briefly state how the commercial passenger vehicle services are threatening, or have threatened, safety; and

              (iii)     state the day before which the person is required to provide commercial passenger vehicle services so that safety is not threatened or likely to be threatened; and

        (c)     set out the penalty for non-compliance with the notice; and

        (d)     inform the person that they have a right to seek review of the regulator's decision to serve the notice under Part 12; and

        (e)     state that the notice is served under section 171.

    (2)     An improvement notice served on a person on a ground stated in section 171(1)(a) or (b) may include directions concerning the action to be taken to remedy the contravention or prevent the likely contravention, to which the notice relates.

    (3)     An improvement notice served on a person on the ground stated in section 171(1)(c) may include directions concerning the action to be taken so that commercial passenger vehicle safety is not threatened or likely to be threatened.

    (4)     An improvement notice may include recommendations.

    (5)     The day stated for compliance with the improvement notice must be reasonable in all the circumstances.

S. 173 inserted by No. 63/2017 s. 18.