Victorian Current Acts

COMMERCIAL PASSENGER VEHICLE INDUSTRY ACT 2017 - SECT 207

    (1)     A court that finds a person guilty of an offence under this Act or the regulations may make an order under this section on application by—

        (a)     the prosecutor; or

        (b)     the regulator.

    (2)     The court may make an order under this section 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 this Act or the regulations, 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;

              (v)     implementing monitoring, compliance, managerial or operational practices, systems or procedures;

        (b)     implement 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 regulator;

              (ii)     a person nominated by the regulator;

        (c)     to furnish compliance reports to the regulator or the court, or both, as specified in the order;

        (d)     to appoint a person to have responsibilities—

              (i)     to assist the person in improving compliance with this Act or the regulations, or specified provisions of this Act or the regulations; and

              (ii)     to monitor the person's performance in complying with this Act or the regulations, or specified provisions of this Act or the regulations and in complying with the requirements of the order; and

              (iii)     to furnish compliance reports to the regulator the court, or both, as specified in the order.

    (3)     The court may specify matters that are to be dealt with in compliance reports and the form and manner in which, and the frequency with which, compliance reports are to be prepared and furnished.

    (4)     The court may require that compliance reports or parts of compliance reports be made public, and may specify the form and manner in which, and the frequency with which, they are to be made public.

    (5)     A court may only make an order under this section against a person if it considers the person to be a systematic or persistent offender against this Act or the regulations.

    (6)     The court may only make an order under this section if it is satisfied that the order is capable of improving the person's ability or willingness to comply with this Act or the regulations, having regard to—

        (a)     the offences against this Act or the regulations of which the person has been previously found guilty; and

        (b)     the offences against this Act or the regulations for which the person has been proceeded against by way of unwithdrawn infringement notices; and

        (c)     any other offences or other matters that the court considers to be relevant to the conduct of the person in connection with—

              (i)     the provision of commercial passenger vehicle services; or

              (ii)     the provision of booking services.

    (7)     An order under this section may direct that any other penalty or sanction imposed for the offence by the court is suspended until the court determines that there has been a substantial failure to comply with the order.

    (8)     The court may revoke or amend an order made under this section on the application of—

        (a)     the regulator; or

        (b)     the person in respect of whom the order was made, but only if the court is satisfied that there has been a change of circumstances warranting the revocation or amendment.

    (9)     In this section—

"compliance report", in relation to a person in respect of whom an order is made under this section, means a report relating to—

        (a)     the performance of the person in complying with—

              (i)     this Act or the regulations, or provisions of this Act or the regulations specified in the order; and

              (ii)     the requirements of the order; and

        (b)     without limiting paragraph (a)—

              (i)     things done by the person to ensure that any failure by the person to comply with this Act or the regulations, or the specified provisions of this Act or the regulations, does not continue; and

              (ii)     the results of those things having been done.

S. 208 inserted by No. 63/2017 s. 18.