Victorian Numbered Acts

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BUS SAFETY ACT 2009 (NO. 13 OF 2009)


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purpose  
   2.      Commencement  
   3.      Definitions  
   4.      Objects of bus safety  
   5.      Crown to be bound  
   6.      Interaction with Occupational Health and Safety Act  
   7.      Declaration powers of Safety Director  
   8.      Declaration of substances to be a drug  

   PART 2--PRINCIPLES OF BUS SAFETY

   9.      Principle of shared responsibility  
   10.     Principle of accountability for managing safety risks  
   11.     Principle of enforcement  
   12.     Principle of transparency and consistency  
   13.     Principle of participation, consultation and involvement of all affected persons  

   PART 3--BUS SAFETY DUTIES

           Division 1--The concept of ensuring safety

   14.     The concept of ensuring safety  

           Division 2--Safety duties

   15.     Duty of operator  
   16.     Duty of procurer  
   17.     Duty of bus safety worker  
   18.     Duties in relation to bus stopping points and bus stop infrastructure  

           Division 3--Bus inspections and safety audits

   19.     Bus safety inspections  
   20.     Safety audits  

   PART 4--ACCREDITATION AND REGISTRATION

           Division 1--Preliminary matters

   21.     Purpose of accreditation  
   22.     Registration of operator of bus services that are not commercial bus services or local bus services  
   23.     Registration or accreditation of taxi-cab that is a bus  

           Division 2--Accreditation

   24.     Offence for operator to operate commercial bus service or local bus service unless accredited  
   25.     Application for accreditation  
   26.     Criteria on which accreditation application to be assessed  

           Division 3--Accreditation refusal

   27.     Accreditation application to be refused in certain circumstances  
   28.     Accreditation may be refused in certain circumstances  
   29.     Decision on application may be postponed  
   30.     Disqualification from ability to apply for accreditation  
   31.     Notification and reasons to be given if accreditation refused  

           Division 4--Provisions relating to accreditation

   32.     Classes of accreditation  
   33.     Issue of certificate of accreditation  
   34.     Accreditation granted subject to conditions  
   35.     Mandatory conditions of accreditation  
   36.     Offence to fail to comply with conditions  
   37.     Time within which Safety Director must make decision whether to accredit  
   38.     How long accreditation lasts  
   39.     Accreditation cannot be transferred  

           Division 5--Variation and surrender of accreditation

   40.     Accredited bus operator may apply for variation  
   41.     Accredited bus operator to notify of relevant changes in circumstances  
   42.     Variation of accreditation on Safety Director's own initiative  
   43.     Surrender of accreditation  

           Division 6--Bus services under corresponding law

   44.     Unregistered and unaccredited operators from outside Victoria  
   45.     Criteria on which accreditation application of operator accredited under corresponding law to be assessed  
   46.     Notification of changes in circumstances in respect of accreditation under corresponding law  
   47.     Co-ordination between Safety Director and corresponding Bus Safety Regulator  

           Division 7--Suspension, cancellation and other disciplinary action

   48.     Power of immediate suspension  
   49.     Mandatory cancellation  
   50.     Disciplinary action against an accredited bus operator  
   51.     Procedure and powers concerning disciplinary inquiries  
   52.     Effect of suspension  

           Division 8--Miscellaneous

   53.     Operator to return certificate and plates when accreditation cancelled or surrendered  
   54.     Safety Director may request information  
   55.     Communication with responsible person  

   PART 5--ALCOHOL AND DRUG MANAGEMENT POLICY

   56.     Alcohol and drug management policy  
   57.     Form and content of alcohol and drug management policy  

   PART 6--REVIEW OF DECISIONS

   58.     Review by VCAT  

   PART 7--CODES OF PRACTICE

   59.     Codes of practice  
   60.     Revisions to approved codes of practice  
   61.     Revocation of approvals of codes of practice  
   62.     Availability of approved codes of practice  
   63.     Minister must consult before approving code of practice or revision to code of practice  
   64.     Effect of approved code of practice  

   PART 8--GENERAL

           Division 1--General

   65.     Notification of incidents  
   66.     Offence to provide false or misleading information  
   67.     Safety Director may set accreditation fees  
   68.     Imputing conduct to bodies corporate  
   69.     Liability of officers of bodies corporate  
   70.     Effect of compliance with regulations or approved codes of practice  
   71.     Tabling and disallowance of approved codes of practice  

           Division 2--Regulations

   72.     General  
   73.     Bus services and bus safety work  
   74.     Safety duties  
   75.     Inspections and safety audits  
   76.     Accreditation and registration  
   77.     Fees  
   78.     Transitional regulations  

   PART 9--AMENDMENTS TO OTHER ACTS AND REPEAL OF PART

           Division 1--Magistrates' Court Act 1989

   79.     Amendment of Schedule 4—Indictable offences which may be heard summarily  

           Division 2--Public Transport Competition Act 1995

   80.     Amendment of section 12—Duration of accreditation  
   81.     Section 1 substituted—Purpose of Act  
   82.     Consequential amendments  
   83.     Change of name of Act  
   84.     New section 4A inserted  

           Division 3--Rail Safety Act 2006

   85.     Amendment of section 55—Safety Director may vary, revoke or impose new conditions or restrictions of an accreditation on own initiative  

           Division 4--Road Management Act 2004

   86.     Consequential amendment  

           Division 5--Road Safety Act 1986

   87.     Definitions  
   88.     Amendment of Part 10A definitions  
   89.     New section 191BA inserted  

           Division 6--Safety on Public Land Act 2004

   90.     Consequential amendment  

           Division 7--Transport Act 1983

   91.     Definitions  
   92.     Consequential amendments  
   93.     Amendment of section 9ZA—Safety Director to conduct cost-benefit analysis of and consult about mandatory rail safety decisions  
   94.     Amendment of section 86—Definitions  
   95.     Amendment of Division 6 of Part VI  
   96.     Amendment of section 228S—Definitions  
   97.     Power of entry  
   98.     Procedure for entry with consent  
   99.     Improvement notices  
   100.    Prohibition notice  
   101.    Amendment of section 249B—Regulations with respect to services operated by a passenger transport company etc.  
   102.    Repeal of Part  
           ENDNOTES


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