Victorian Numbered Acts

TRANSPORT (SAFETY SCHEMES COMPLIANCE AND ENFORCEMENT) ACT 2014 (NO. 27 OF 2014) - SECT 139

For section 84 of the Transport (Compliance and Miscellaneous) Act 1983 substitute —

        '     84     Specific investigation powers—public transport safety matters or marine safety matters

For the purposes of this Part, Part 2 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 applies—

        (a)     as if a reference in that Part—

              (i)     to public transport premises includes a reference to any place where an incident involving a bus occurred and where the bus, or anything that is, or that is possibly, relevant to an investigation into the incident, is still present; and

              (ii)     to compliance and investigative purposes were a reference to the purpose of carrying out an investigation into a public transport safety matter or a marine safety matter; and

              (iii)     to a transport safety officer were a reference to the Chief Investigator, Transport Safety; and

        (b)     as if for the purpose of the application of Part 2, in section 3 there were inserted the following definition after the definition of "Secretary"—

""specified person" means—

        (a)     a rail transport operator; or

        (b)     an operator of any bus service; or

        (c)     an employee of a rail transport operator; or
s. 139

        (d)     a driver of a bus used to provide a bus service; or

        (e)     a contractor of a rail transport operator; or

        (f)     a procurer of a bus service within the meaning of the Bus Safety Act 2009 ; or

        (g)     a rail safety worker; or

        (h)     a bus safety worker; or

              (i)     a utility; or

        (j)     an employee of a utility; or

        (k)     a works contractor within the meaning of section 85 of the Electricity Industry Act 2000 , section 48A of the Road Management Act 2004 , section 137A(4) of the Water Act 1989 ; or

        (l)     a person authorised in writing by a gas distribution company or gas transmission company under section 148(7) or 149(6) of the Gas Industry Act 2001 ;

        (m)     a person whom the Chief Investigator believes on reasonable grounds may be able to provide information, documents or assistance for the purpose of carrying out an investigation into a public transport safety matter or a marine safety matter;"; and

        (c)     as if for section 8(1)(i) there were substituted—

    "(i)     seize any thing (including a document)—
s. 139

              (i)     at the premises or in a road vehicle at the premises; or

              (ii)     on the rolling stock, bus or vessel—

if the Chief Investigator reasonably believes that seizure of the thing is necessary for the purpose of carrying out an investigation into a public transport safety matter or a marine safety matter;"; and

        (d)     as if for section 8(1)(m) there were substituted—

    "(m)     exercise any power that is reasonably necessary to be exercised by the Chief Investigator for the purposes of an investigation into a public transport safety matter or a marine safety matter."; and

        (e)     as if for section 12(3) there were substituted—

    "(3)     The Magistrates' Court may order such an extension if satisfied that the continued detention of a vessel is necessary—

        (a)     for the purposes of an investigation into a marine safety matter; or

        (b)     because the vessel is, or is likely to be, required for the purposes of an investigation into a marine safety matter."; and
s. 139

        (f)         as if in section 13(2)(a) for "this Act or a transport safety or infrastructure law" there were substituted " this Part"; and

        (g)     as if in section 14(2) for "determining whether a provision of this Act or a transport safety or infrastructure law has been contravened" there were substituted "an investigation into a public transport safety matter or marine safety matter"; and

        (h)     as if for section 18(3)(a) there were substituted—

    "(a)     there is a particular thing or activity (the  evidence ) that may be significant to an investigation into a public transport safety matter or a marine safety matter; and"; and

              (i)     as if for section 18(4)(b) there were substituted—

    "(b)     a brief description of the investigation in respect of which the warrant is sought; and"; and

        (j)     as if for section 19(a)(ii) there were substituted—

    "(ii)     is of significance to an investigation into a public transport safety matter or a marine safety matter; and"; and

        (k)     as if in section 19(b) the words "or its use in the commission of an offence against this Act or a transport safety or infrastructure law" were omitted; and

        (l)     as if for section 22 there were substituted—

    "     22     Power to require production of documents and related items

    (1)     The Chief Investigator may, for the purposes of an investigation into a public transport safety matter or a marine safety matter, direct a specified person to provide to the Chief Investigator—

        (a)     any document required to be kept under a relevant transport safety or infrastructure law; and

        (b)     any documents, devices or other things in his, her or its possession or control relating to—

              (i)     the provision of bus services; or

              (ii)     railway operations; or

              (iii)     marine operations.

    (2)     The direction must state where and to whom the documents, devices or other things are to be produced.

    (3)     In giving a direction, the Chief Investigator may specify particular documents, devices or other things, or particular classes of documents, devices or other things.

    (4)     The Chief Investigator may do any or all of the following—

        (a)     inspect any documents, devices or other things that are produced;

        (b)     copy any documents, devices or other things that are produced;

        (c)     seize and remove any documents, devices or other things that are produced that the Chief Investigator believes on reasonable grounds are significant for the purposes of the investigation into the public transport safety matter or a marine safety matter."; and

        (m)     as if section 23(3) were omitted; and

        (n)     as if after section 24(3) there were inserted—

    "(4)     Nothing in this section limits the powers of the Chief Investigator under section 84AB."; and

        (o)     as if for section 33(1)(c) there were substituted—

    "(c)     reasonably believes it is necessary to forfeit the thing for the purpose of carrying out an investigation into a public transport safety matter or a marine safety matter."; and

        (p)     as if for section 34(3) there were substituted—

    "(3)     For the purposes of subsection (2), a reasonable ground to retain the thing is for the purpose of carrying out an investigation into a public safety matter or a marine safety matter."; and

        (q)     as if in section 36, the words "under a transport safety or infrastructure law or" were omitted; and

        (r)     as if in section 37(1), the words "under a transport safety or infrastructure law or" were omitted; and

        (s)     as if section 39(a) were omitted; and

        (t)     as if section 40(1)(b) were omitted; and

        (u)     as if for section 41(1) there were substituted—

    "(1)     The Chief Investigator may require a person to provide the person's name and residential address if the Chief Investigator believes, on reasonable grounds, that the person is a specified person."; and

              (v)     as if section 42 were omitted;" '.