Victorian Numbered Acts

TRANSPORT (SAFETY SCHEMES COMPLIANCE AND ENFORCEMENT) ACT 2014 (NO. 27 OF 2014)

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purpose  
   2.      Commencement  
   3.      Definitions  
   4.      Transport Integration Act 2010  
   5.      Act binds the Crown  

   PART 2--COMPLIANCE AND INVESTIGATORY POWERS

           Division 1--Entry and boarding

   6.      Entry into public transport premises, marine premises, rolling stock or bus or boarding vessel  
   7.      Notification of entry  

           Division 2--Powers on entry and boarding

   8.      General powers on entry or boarding  
   9.      Directions powers as to operation and movement of rolling stock and vehicles  
   10.     Directions powers in relation to vessels  
   11.     Detention of vessels for 48 hours  
   12.     Magistrates' Court may extend period of detention of vessel  
   13.     Persons assisting transport safety officers  
   14.     Use of electronic equipment  
   15.     Use of equipment to examine or process things  
   16.     Securing a site or restricting access to rolling stock, bus or vessel  
   17.     Directions for the protection of evidence  

           Division 3--Search warrants

   18.     Search warrants  
   19.     Seizure of things not mentioned in the warrant  
   20.     Announcement before entry or boarding on warrant  
   21.     Copy of warrant to be given to person with control or management of place, rolling stock, bus or vessel  

           Division 4--Other related investigatory powers

   22.     Power to require production of documents, devices or other things and answers to questions  
   23.     Abrogation of privilege against self-incrimination  
   24.     Warning to be given  
   25.     Power to copy and retain documents  
   26.     Inspecting and copying documents in custody of a transport safety officer under this Part  
   27.     Securing seized things  
   28.     Offence to tamper with seized thing  
   29.     Directions relating to seizure  
   30.     Transport safety officer may direct a thing's return  
   31.     Receipt for seized things  
   32.     Copies of certain seized things to be given  
   33.     Forfeiture of seized things  
   34.     Return of seized things  
   35.     Access to seized thing  

           Division 5--Damage and compensation

   36.     Damage etc to be minimised  
   37.     Transport safety officer to give notice of damage  
   38.     Compensation  
   39.     Limits on compensation  
   40.     Compensation may be claimed as part of a court proceeding  

           Division 6--Directions powers

   41.     Transport safety officers may require name and address  
   42.     Master or person operating vessel must stop vessel and provide licence or certificates when directed  
   43.     Direction to provide certain information  
   44.     Manner in which transport safety officers may give directions under this Part  
   45.     Directions may be given under more than one provision  

           Division 7--Other matters

   46.     Residential premises  
   47.     Use of force  
   48.     Power to use force against persons to be exercised only by police officers  
   49.     Manner in which transport safety officers must exercise powers  

   PART 3--ENFORCEMENT MEASURES

           Division 1--Improvement notices

   50.     Service of improvement notices  
   51.     Improvement notices—closures of level crossings, bridges or other structures  
   52.     Contents of improvement notices  
   53.     Directions in improvement notices  
   54.     Amendment of improvement notice  
   55.     Cancellation of improvement notices  
   56.     Clearance certificates for improvement notices  
   57.     Proceedings for offences not affected by improvement notices or clearance certificates  
   58.     Compliance with improvement notice  
   59.     Extension of time for compliance with improvement notices  

           Division 2--Prohibition notices

   60.     Service of prohibition notice  
   61.     Contents of prohibition notice  
   62.     Directions in prohibition notices  
   63.     Compliance with prohibition notice  
   64.     Amendment of prohibition notice  
   65.     Withdrawal of prohibition notices  
   66.     Certificates that matters that give rise to immediate risks to safety remedied  
   67.     Proceedings for offences not affected by prohibition notices or certificates  

           Division 3--Remedial action in relation to prohibition notices

   68.     When Safety Director may carry out action  
   69.     Power of Safety Director to take other remedial action  
   70.     Costs of remedial or other action  

           Division 4--Non-disturbance notices

   71.     Service of non-disturbance notice  
   72.     Contents of non-disturbance notice  
   73.     Compliance with non-disturbance notice  
   74.     Service of subsequent non-disturbance notices  
   75.     Cancellation of a non-disturbance notice  

           Division 5--General requirements applying to notices

   76.     Definition  
   77.     Notice to be in writing  
   78.     Minor variations of notices by transport safety officer  
   79.     Formal irregularities or defects in notice  
   80.     Serving notices  

           Division 6--Injunctions

   81.     Definition  
   82.     Injunctions for non-compliance with notices  

           Division 7--Enforceable voluntary undertakings

   83.     Enforceable voluntary undertaking  
   84.     Notice of decisions and reasons for decision  
   85.     When a transport safety undertaking is enforceable  
   86.     Compliance with transport safety undertaking  
   87.     Contravention of transport safety undertaking  
   88.     Withdrawal or variation of transport safety undertaking  
   89.     Proceedings for alleged contravention  

           Division 8--Additional enforcement measures relating to rail and bus safety

   90.     Response to certain safety reports  
   91.     Power to require works to stop  
   92.     Temporary closing of railway crossings, bridges etc.  

   PART 4--INFRINGEMENT NOTICES

           Division 1--Transport safety infringement notices

   93.     Transport safety infringements  

           Division 2--Safety work infringements

   94.     Safety work infringements  
   95.     Effect of safety work infringement  
   96.     Extension of time to object if no actual notice  
   97.     Application of Infringements Act 2006  
   98.     Proof of prior convictions  

   PART 5--REVIEW OF DECISIONS

   99.     Reviewable decisions  
   100.    Review by Safety Director  
   101.    Notification of decision of Safety Director  
   102.    Review by VCAT  

   PART 6--GENERAL LIABILITY AND COURT PROCESSES

           Division 1--General matters

   103.    Offence to give false or misleading information  

           Division 2--Director and officer criminal liability

   104.    Criminal liability of officers of bodies corporate—failure to exercise due diligence  

           Division 3--Proceedings and evidentiary provisions

   105.    Who may commence proceedings for offences against this Act or a transport safety or infrastructure law  
   106.    Limited period for prosecution of transport safety or infrastructure law indictable offences  
   107.    Evidentiary certificates—this Act or transport safety or infrastructure laws  

           Division 4--Court based sanctions

   108.    Definitions  
   109.    Commercial benefits order  
   110.    Supervisory intervention order  
   111.    Exclusion orders  
   112.    Adverse publicity order  
   113.    Release on the giving of a safety undertaking  
   114.    Variation or contravention of orders under section 113  

   PART 7--THE SAFETY DIRECTOR AND TRANSPORT SAFETY OFFICERS

           Division 1--The Safety Director

   115.    Safety Director has functions and powers of a transport safety officer  

           Division 2--Transport safety officers
           Subdivision

           1--Appointment
   116.    Appointment  
   117.    Identity cards  
   118.    Return of identity cards  
   119.    Production of identity card  

              Subdivision 2--Functions
              and powers of transport safety officers

   120.    Functions and powers  
   121.    Transport safety officers subject to Safety Director's direction  
   122.    Transport safety officer may take affidavits  
   123.    Attendance of transport safety officer at inquiries  

              Subdivision 3--Offences
              in relation to transport safety officers

   124.    Offence to hinder or obstruct transport safety officer  
   125.    Offence to impersonate transport safety officer  
   126.    Offence to assault, threaten or intimidate transport safety officer  

   PART 8--GENERAL

   127.    Legal professional privilege  
   128.    Recovery of costs  
   129.    Corporations Act displacement  
   130.    Civil liability not affected by a relevant rail safety duty law  
   131.    Service of documents  
   132.    Regulations  

   PART 9--AMENDMENT OF OTHER ACTS AND REPEALS

           Division 1--Bus Safety Act 2009

   133.    Definitions  
   134.    New section 69 substituted  

           Division 2--Marine Safety Act 2010

   135.    Definitions  

           Division 3--Rail Safety Act 2006

   136.    Definitions  

           Division 4--Transport (Compliance and Miscellaneous) Act 1983

   137.    Definitions  
   138.    Application of definitions to this Part  
   139.    Section 84 substituted  
   140.    New sections 84A and 84AA inserted  
   141.    Identity cards  
   142.    Division 2A of Part VII repealed  

           Division 2A--of Part VII of the Transport (Compliance and Miscellaneous) Act 1983 is repealed.

   143.    New section 226 substituted  
   144.    Division 4B of Part VII repealed  

           Division 4B--of Part VII of the Transport (Compliance and Miscellaneous) Act 1983 is repealed.

   145.    Section 229A repealed  
   146.    Section 229B repealed  
   147.    Section 230A repealed  
   148.    Definitions for the purposes of Division 6 of Part VII  
   149.    Commercial benefits penalty order  
   150.    Supervisory intervention order  
   151.    Exclusion orders  
   152.    Release on the giving of undertaking  
   153.    Variation or contravention of orders under section 230E  
   154.    Adverse publicity order  
   155.    Definitions for the purposes of Division 7 of Part VII  
   156.    Section 230H repealed  

           Division 5--Rail Safety National Law Application Act 2013

   157.    Repeal of references to Rail Safety National Law (Victoria)  

           Division 6--Transport Legislation Amendment (Rail Safety Local Operations and Other Matters) Act 2013

   158.    Statute law revision  

           Division 7--Victoria Police Act 2013 consequential amendment

   159.    Consequential amendment to the definition of police officer  

           Division 8--Repeal of amending Part

   160.    Repeal  
           ENDNOTES