Victorian Numbered Acts

TRANSPORT LEGISLATION AMENDMENT ACT 2007 (NO. 69 OF 2007) - SECT 37

After section 230D of the Transport Act 1983 insert —

    " 230DA     Exclusion orders

    (1)     A court that finds a person guilty of an offence against a relevant transport safety law may, on the application of the prosecutor or the Safety Director, if the court considers the person to be a systematic or persistent offender against the relevant transport safety laws, make an order under this section.

    (2)         For the purpose of restricting opportunities for the person to commit or be involved in the commission of further offences against relevant transport safety laws, the court may, if it considers it appropriate to do so, make an exclusion order prohibiting the person, for a specified period, from—

        (a)     managing rail infrastructure, or operating rolling stock, or managing or operating a particular type of rail infrastructure or rolling stock; or

        (b)     being a director, secretary or officer concerned in the management of a body corporate involved in managing rail infrastructure that is in the State or operating rolling stock in the State; or

        (c)     being involved in managing rail infrastructure that is in the State or operating rolling stock in the State except by driving a train or rolling stock.

    (3)     The court may only make an order under this section if it is satisfied that the person should not continue the things the subject of the proposed order and that a supervisory intervention order under section 230C is not appropriate, having regard to—

        (a)     the offences against a relevant transport safety law 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 rail operations.

    (4)     A court that has power to make an exclusion order may revoke or amend the exclusion order on the application of—

        (a)     the Safety Director; or

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

        230DB     Corporations Act displacement

Section 230DA is declared to be a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act in relation to the provisions of Chapter 2D of that Act.

Note

Section 5G of the Corporations Act provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency.

        230DC     Contravention of exclusion order

A person who is subject to an exclusion order must not engage in conduct that results in a contravention of the order.

Penalty:     In the case of a natural person, 120 penalty units;

In the case of a body corporate, 600 penalty units.".