Victorian Numbered Acts Victorian Numbered ActsAfter Division 4 of Part VIII of the Transport Act 1983 insert —
"appointed day" means the day on which section 10 of the Transport Legislation (Further Amendment) Act 2006 comes into operation;
"driver accreditation" has the same meaning as in Part VI;
"old driver's certificate" means a certificate, in force immediately before the appointed day, under section 156, as in force immediately before the appointed day.
(1) An old driver's certificate is deemed to be, on and from the appointed day, a driver accreditation.
(2) An old driver's certificate that is deemed to be a driver accreditation under sub-section (1)—
(a) is subject to any conditions to
which the certificate was subject immediately before the appointed day, and
any such conditions may be dealt with as if they were imposed under Division 6
of Part VI; and
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(b) remains in force for the remainder of the term that applied to the certificate immediately before the appointed day, unless, before the end of that term, the accreditation is suspended or cancelled under Division 6 of Part VI; and
(c) except where this section indicates a contrary intention, the provisions of Division 6 of Part VI apply accordingly.
(3) Despite sub-section (1), if a person who is the holder of an old driver's certificate is a person who has been found guilty of a category 1 offence, or is subject to the reporting obligations, or an order referred to in section 169(2)(c), the person is not deemed to be the holder of a driver accreditation.
(4) Sub-section (3) does not apply if the holder of the certificate can demonstrate to the satisfaction of the Director, having regard to the public care objective under Division 6 of Part VI, that it is appropriate for that person to be deemed to be the holder of such an accreditation.
(5) A person referred to in sub-section (3) may apply to VCAT for an order that his or her old driver's certificate be deemed to be a driver accreditation under this section.
(6) If VCAT makes an order under sub-section (5), sub-section (2) applies to the deemed driver accreditation.
(7) At least 28 days before the appointed day the Director must give each holder of an old driver's certificate to whom sub-section (3) applies written notice of the effect of sub-sections (3), (4), (5) and (6) and allow the person 28 days in which to provide the Director with information for the purposes of sub-section (4).
Despite the commencement of section 21 of the Transport Legislation (Further Amendment) Act 2006 , an accreditation under Division 4A of Part VII (and any condition to which the accreditation is subject) granted by the Secretary and in force immediately before that commencement is deemed to continue in force as if the accreditation were granted by the Director.
(1) Any reference to the Secretary in any relevant agreement, instrument, deed or other document, so far as it relates to any period after the commencement of section 31(1) of the Transport Legislation (Further Amendment) Act 2006 and if not inconsistent with the context or subject-matter, must be construed as a reference to the Director.
(2) In this section—
"relevant agreement, instrument, deed or other document" means any agreement, instrument, deed or other document—
(a) entered into under a relevant section of this Act or the Public Transport Competition Act 1995 ; and
(b) in force immediately before the commencement of section 31(1) of the Transport Legislation (Further Amendment) Act 2006 ;
"relevant section" means a section of this Act or the Public Transport Competition Act 1995 in which a reference to "Secretary" was amended by the Transport Legislation (Further Amendment) Act 2006 to be a reference to "Director".'.