Victorian Current Acts

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COMMERCIAL PASSENGER VEHICLE INDUSTRY ACT 2017 - SECT 209

Exclusion orders

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

        (a)     the prosecutor; or

        (b)     the regulator.

    (2)     For the purpose of restricting opportunities
for the person to commit or be involved in the commission of further offences against this Act or the regulations, the court may, if it considers it appropriate to do so, make an order under this section prohibiting the person, for a specified period, from—

        (a)     providing, or being otherwise involved in the providing of, commercial passenger vehicle services or booking services; or

        (b)     being a director, secretary or officer concerned in the management of a body corporate involved in providing commercial passenger vehicle services or booking services.

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

    (4)     The court may only make an order under this section if it is satisfied that the person should not continue the things that are the subject of the proposed order and that a supervisory intervention order is not appropriate, having regard to—

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

        (b)     any other offences or other matters that the court considers to be relevant to the conduct of the person in connection with the provision of commercial passenger vehicle services or booking services.

    (5)     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.

S. 210 inserted by No. 63/2017 s. 18.



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