Bus Safety Act 2009 - Australia (Part 1, 2)

Version No. 032

No. 13 of 2009
Version incorporating amendments as at
1 March 2022


TABLE OF PROVISIONS
Section Page

Part 1—Preliminary 1
1 Purpose 1
2 Commencement 1
3 Definitions 2
3A Transport Integration Act 2010 17
4 Objects of bus safety 17
5 Crown to be bound 18
6 Interaction with Occupational Health and Safety Act 18
7 Declaration powers of Safety Director 19
8 Declaration of substances to be a drug 21
Part 2—Principles of bus safety 22
9 Principle of shared responsibility 22
10 Principle of accountability for managing safety risks 22
11 Principle of enforcement 22
12 Principle of transparency and consistency 23
13 Principle of participation, consultation and involvement of all affected persons 23
Part 3—Bus safety duties 24
Division 1—The concept of ensuring safety 24
14 The concept of ensuring safety 24
Division 2—Safety duties 25
15 Duty of operator 25
16 Duty of procurer 25
17 Duty of bus safety worker 26
18 Duties in relation to bus stopping points and bus stop infrastructure 26
Division 3—Bus inspections and safety audits 27
19 Bus safety inspections 27
20 Safety audits 28
Part 4—Accreditation 29
Division 1—Preliminary 29
21 Purpose of accreditation 29
Division 2—Bus operator accreditation 30
22 Offence if operator of bus service is not accredited 30
23 Application for accreditation 30
24 Decision on application for accreditation 32
25 Accreditation to be refused in certain circumstances 33
26 Accreditation may be refused in certain circumstances 33
27 Disqualification from ability to apply for accreditation 33
28 Notification and reasons to be given if accreditation refused 33
Division 3—Provisions relating to accreditation 34
29 Classes of accreditation 34
30 Issue of certificate of accreditation 34
31 Conditions on accreditation 36
32 Offence to fail to comply with conditions of accreditation 38
33 Time within which Safety Director must make decision whether to accredit operator 38
34 Accreditation lasts until cancelled or surrendered 39
35 Accreditation cannot be transferred 39
36 Requirements relating to drivers who hold probationary driver licences 39
36A Annual accreditation fee 40
36B Offence for driver to provide bus service without appropriate driver licence 40
Division 4—Variation and surrender of accreditation 41
37 Accredited bus operator may apply for variation 41
38 Accredited bus operator to notify of relevant changes in circumstances 43
39 Variation of accreditation on Safety Director's own initiative 45
40 Surrender of accreditation 46
Division 5—Bus services under corresponding law 46
41 Unaccredited operators from outside Victoria 46
42 Criteria on which accreditation application of operator accredited or registered under corresponding law to be assessed 47
43 Notification of changes in circumstances in respect of accreditation or registration under corresponding law 48
44 Co-ordination between Safety Director and corresponding Bus Safety Regulator 49
Division 6—Suspension, cancellation and other disciplinary action 50
45 Immediate suspension of accreditation 50
46 Disciplinary action against an accredited bus operator 51
47 Procedure and powers concerning disciplinary inquiries 52
48 Procedure for taking disciplinary action 53
49 Effect of suspension 54
Division 7—Exemptions granted by the Safety Director 54
50 Definition 54
51 Accreditation exemption for operators 54
52 What applicant must demonstrate 55
53 Determination of application for exemption 55
54 Application for variation of an exemption 57
55 Determination of application for variation 58
55A Prescribed conditions and restrictions 60
55B Variation of conditions and restrictions 60
55C Safety Director may make changes to conditions or restrictions 61
55D Revocation or suspension of an exemption 62
55E Penalty for breach of condition or restriction 63
Division 8—Miscellaneous 63
55F Operator to return certificate when accreditation cancelled or surrendered 63
55G Safety Director may request information 64
55H Communication with responsible person 64
Part 5—Alcohol and drug management policy 65
56 Alcohol and drug management policy 65
57 Form and content of alcohol and drug management policy 65
Part 6—Review of decisions 68
58 Review by VCAT 68
Part 7—Codes of practice 70
59 Codes of practice 70
60 Revisions to approved codes of practice 70
61 Revocation of approvals of codes of practice 71
62 Availability of approved codes of practice 71
63 Minister must consult before approving code of practice or revision to code of practice 71
64 Effect of approved code of practice 72
Part 8—General 73
Division 1AA—Monitoring, compliance and enforcement policy 73
64A Safety Director to develop monitoring, compliance and enforcement policy 73
64B Safety Director must consult when developing or reviewing policy 73
64C Content of policy 74
64D Safety Director must coordinate and support implementation of policy 74
64E Certain persons to have regard to policy 75
Division 1—General 75
65 Notification of incidents 75
66 Offence to provide false or misleading information 75
67 Safety Director may set accreditation fees 76
68 Imputing conduct to bodies corporate 78
69 Criminal liability of officers of bodies corporate—failure to exercise due diligence 78
69A Liability of officers of partnerships and unincorporated bodies or associations 80
70 Effect of compliance with regulations or approved codes of practice 80
71 Tabling and disallowance of approved codes of practice 81
Division 2—Regulations 82
72 General 82
73 Bus services and bus safety work 83
74 Safety duties 84
75 Inspections and safety audits 85
76 Accreditation 87
76A Hazardous areas 88
77 Fees 89
Division 3—Transitional provisions for operators who must be registered or accredited 90
78A Definition 90
78B Transitional provision for existing bus operators requiring registration from commencement day 90
78C Transitional provision for bus operators no longer required to be accredited from commencement day 91
78D Transitional provision for drivers of commercial passenger vehicles 92
Division 4—Transitional provisions—Transport Legislation Miscellaneous Amendments Act 2021 92
79 Definitions 92
80 General transitional provision 93
81 Registered bus operators 93
82 Accredited bus operators 94

83 Inspection requirements 95
84 Re-enacted provisions 96
═══════════════
Endnotes 98
1 General information 98
2 Table of Amendments 100
3 Explanatory details 103
 





Version No. 032
Bus Safety Act 2009
No. 13 of 2009
Version incorporating amendments as at
1 March 2022

The Parliament of Victoria enacts:
Part 1—Preliminary
1 Purpose
The purpose of this Act is to—
(a) provide for the safe operation of bus services in Victoria;
S. 1(b) amended by No. 6/2010 s. 203(1) (Sch. 6 item 4.1) (as amended by No. 45/2010 s. 22).
(b) make related amendments to the Public Transport Competition Act 1995, the Rail Safety Act 2006, the Road Safety Act 1986, the Transport (Compliance and Miscellaneous) Act 1983 and certain other Acts;

(c) change the title of the Public Transport Competition Act 1995 to the Bus Services Act 1995.
2 Commencement
(1) This section and sections 1 and 80 come into operation on the day after the day on which this Act receives the Royal Assent.
(2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(3) If a provision of this Act does not come into operation before 31 December 2010, it comes into operation on that day.
3 Definitions
(1) In this Act—
accreditation fee means the fee to be paid in respect of an application for accreditation under Part 4 or any annual accreditation fee—
(a) set by the Safety Director under section 67; or
(b) if a fee has not been set by the Safety Director, the prescribed fee;
accredited bus operator means a bus operator accredited under Part 4;
S. 3(1) def. of applicable pre-1973 fraud or dishonesty offence inserted by No. 49/2011 s. 28(2), repealed by No. 30/2021 s. 3(2).
* * * * *





S. 3(1) def. of approved training course repealed by No. 30/2021 s. 3(2).
* * * * *



Australian Design Rules means the Australian Design Rules for Motor Vehicles and Trailers, endorsed by the Australian Transport Advisory Council and published pursuant to section 7 of the Motor Vehicle Standards Act 1989 of the Commonwealth;
S. 3(1) def. of body corporate inserted by No. 27/2014 s. 133(1).
body corporate has the same meaning as corporation has in section 57A of the Corporations Act;

S. 3(1) def. of bus amended by Nos 6/2010 s. 203(1)(Sch. 6 item 4.2(a)) (as amended by No. 45/2010 s. 22), 35/2017 s. 72, 63/2017 s. 21(Sch. 1 item 1).
bus means—
(a) a motor vehicle that has been built—
(i) with seating positions for 10 or more adults (including the driver); and
(ii) to comply with the requirements specified in the Australian Design Rules for a passenger omnibus (within the meaning of those Rules);
(b) a motor vehicle prescribed to be a bus;
(c) a motor vehicle which the Safety Director has declared to be a bus under section 7(1)—
but does not include—
* * * * *
(e) a motor vehicle prescribed not to be a bus;
(f) a motor vehicle which the Safety Director has declared not to be a bus;
(g) a vehicle known as a Hummer;
Examples
 A passenger car modified to have more than 9 seats (for example, a stretch limousine) is not a bus.
 A motor vehicle that is built as a bus but which has had seats removed so that it seats less than 10 adults is still a bus.
 A motor vehicle built overseas as a bus is a bus unless it is a motor vehicle built to be a Hummer.
S. 3(1) def. of bus premises inserted by No. 30/2021 s. 3(1)(a).
bus premises has the same meaning as it has in the Transport (Safety Schemes Compliance and Enforcement) Act 2014;

S. 3(1) def. of bus safety law inserted by No. 30/2021 s. 3(1)(a).
bus safety law means—
(a) this Act or the regulations; or
(b) a provision of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 that applies in relation to buses or bus premises;
bus safety work means an activity that may affect the safety of bus services including—
(a) driving a bus or activities associated with driving a bus;
(b) designing, constructing, supplying, repairing, modifying, maintaining, monitoring, examining or testing a bus;
(c) designing, constructing, supplying, installing, repairing, modifying, maintaining, monitoring, examining or testing equipment in or on a bus;
(d) setting or altering a schedule or timetable for a bus service;
(e) a prescribed activity;
bus safety worker means a person who has carried out, is carrying out or is about to carry out, bus safety work including a person who is—
(a) employed or engaged by a bus operator to carry out bus safety work;
(b) engaged by any other person to carry out bus safety work;
(c) a trainee;
(d) a volunteer;
bus service means the operation of one or more buses to provide a service for the transport of passengers by road;
bus stop infrastructure has the same meaning as it has in section 48H of the Road Management Act 2004;
bus stopping point has the same meaning as it has in section 48H of the Road Management Act 2004;
S. 3(1) def. of commercial bus service substituted by No. 19/2010 s. 47(1)(a).
commercial bus service means—
(a) a route bus service, if that bus service operates a bus built with seating positions for 13 or more adults (including the driver) to provide that service;
(b) a demand responsive bus service, if that bus service operates a bus built with seating positions for 13 or more adults (including the driver) to provide that service;
(c) a tour and charter bus service, if that bus service operates a bus built with seating positions for 13 or more adults (including the driver) to provide that service;
(d) a courtesy bus service (other than a non-commercial courtesy bus service), if that bus service operates a bus built with seating positions for 13 or more adults (including the driver) to provide that service;
(e) a bus service which is a prescribed class of commercial bus service;
(f) a bus service which is declared by the Safety Director to be a commercial bus service—
but does not include—
(g) a bus service in a class of bus service which is prescribed not to be a class of commercial bus service;
(h) a bus service which is declared by the Safety Director not to be a commercial bus service;
S. 3(1) def. of commercial minibus inserted by No. 49/2011 s. 31(2).
commercial minibus service means—
(a) a route service, if that bus service operates a bus built with seating for 10, 11 or 12 adults (including the driver) to provide that service;
(b) a demand responsive bus service, if that bus service operates a bus built with seating for 10, 11 or 12 adults (including the driver) to provide that service;
(c) a tour and charter bus service, if that bus service operates a bus built with seating for 10, 11 or 12 adults (including the driver) to provide that service;
community and private bus service means a service—
(a) consisting of the carriage of passengers by a bus for or in connection with the activities of a religious, educational, health, welfare, philanthropic, sporting or social body; and

(b) which is provided for no consideration or for consideration which is limited to the costs or part of the costs incurred in making the journey;
S. 3(1) def. of co-operative amended by No. 9/2013 s. 42(Sch. 2 item 5).
co-operative has the same meaning as in the Co operatives National Law (Victoria);


corresponding Bus Safety Regulator means—
(a) the person who, or body that, has functions or powers under a corresponding law that substantially correspond to the functions and powers of the Safety Director under this Act; or
(b) a person prescribed by the regulations as the corresponding Bus Safety Regulator for another State or Territory of the Commonwealth for the purposes of this Act;
corresponding law means—
(a) the law of another State or a Territory of the Commonwealth corresponding, or substantially corresponding, to this Act; or
(b) a law of another State or Territory of the Commonwealth that is declared under the regulations to be a corresponding law, whether or not the law corresponds, or substantially corresponds, to this Act;
courtesy bus service means a service consisting of the carriage of passengers by a bus for any consideration or in the course of any trade or business;
demand responsive bus service means a service consisting of the carriage of passengers by a bus for hire or reward within a specified area on a regular basis along a route which varies in accordance with the demand of prospective passengers and for which passengers are each charged a separate fare;
S. 3(1) def. of Department amended by Nos 70/2013 s. 4(Sch. 2 item 6), 30/2021 s. 3(1)(c).
Department means the Department of Transport;




S. 3(1) def. of disqualifying offence repealed by No. 30/2021 s. 3(2).
* * * * *


drug means a substance that is a drug for the purposes of this Act by virtue of a declaration under section 8 or any other substance (other than alcohol) which, when consumed or used by a person, deprives that person (temporarily or permanently) of any of his or her normal mental or physical faculties;
S. 3(1) def. of highway inserted by No. 49/2011 s. 31(2).
highway has the same meaning as it has in the Road Safety Act 1986;

S. 3(1) def. of hire and drive bus service amended by No. 21/2012 s. 239(Sch. 6 item 6).
hire and drive bus service means a service consisting of the provision of a bus for hiring (otherwise than under a hire-purchase agreement within the meaning of the Australian Consumer Law and Fair Trading Act 2012) by a person for a certain period for valuable consideration on the condition that it will be driven during that period by the hirer or another person on behalf of the hirer;
incorporated association has the same meaning as in the Associations Incorporation Act 1981;
S. 3(1) def. of local bus service amended by Nos 19/2010 s. 47(1)(c), 49/2011 s. 31(1).
local bus service means a service consisting of the carriage of passengers by a bus built with seating positions for 13 or more adults (including the driver) and that—
(a) is operated on a regular basis or subject to demand; and
(b) is available for use by the general public; and
(c) is not operated for hire or reward;
S. 3(1) def. of motor vehicle inserted by No. 49/2011 s. 31(2).
motor vehicle means a motor vehicle within the meaning of the Road Safety Act 1986 and includes a trailer attached to the motor vehicle;
non-commercial courtesy bus service means a bus service declared by the Safety Director under section 7(1)(c) to be a non-commercial courtesy bus service;
S. 3(1) def. of officer in relation to a body corporate (other than an incorporated association) inserted by No. 27/2014 s. 133(2).
officer in relation to a body corporate (other than an incorporated association) means—
(a) a person who is an officer (as defined by section 9 of the Corporations Act) of the body corporate; or
(b) a person (other than a person referred to in paragraph (a)), by whatever name called, who is concerned in, or takes part in, the management of the body corporate;
S. 3(1) def. of officer, in relation to a body corporate other than a company, co operative or incorporated association repealed by No. 27/2014 s. 133(2).
* * * * *






S. 3(1) def. of officer, in relation to a company repealed by No. 27/2014 s. 133(2).
* * * * *



officer, in relation to a co-operative, means—
(a) a director or secretary of the co operative; or
(b) a person who is concerned, or takes part, in the management of the co operative, whether or not as a director;
S. 3(1) def. of officer, in relation to an incorporated association amended by No. 20/2012 s. 226(Sch. 5 item 2).
officer, in relation to an incorporated association means—
(a) the secretary (within the meaning of the Associations Incorporation Reform Act 2012) of the incorporated association; or
(b) a member of the committee (within the meaning of the Associations Incorporation Reform Act 2012) of the incorporated association; or
(c) a person who is concerned, or takes part, in the management of the incorporated association;
S. 3(1) def. of operator amended by No. 19/2010 s. 47(1)(d).
operator, in relation to a bus service, means the person who is responsible for controlling or directing the operations of a bus service in connection with a business or activity for, or involving, the transport of passengers by road by that bus service, but does not include a person who merely—
(a) arranges for the registration of a bus; or
(b) maintains or arranges for the maintenance of a bus;
S. 3(1) def. of person inserted by No. 19/2010 s. 47(2).
person includes a body corporate, unincorporated body or association and a partnership;

prescribed means prescribed by the regulations;
S. 3(1) def. of probationary driver licence inserted by No. 30/2021 s. 3(1)(a).
probationary driver licence has the same meaning as it has in section 3(1) of the Road Safety Act 1986;
procurer means a person who charters a bus service or otherwise engages with an operator for the purposes of using the bus service, whether or not the provision of the bus service is on a commercial basis;
S. 3(1) def. of registered bus operator repealed by No. 30/2021 s. 3(2).
* * * * *



regulations means regulations made under this Act;
S. 3(1) def. of relevant person inserted by No. 19/2010 s. 47(2), amended by No. 30/2021 s. 3(1)(b).
relevant person, in relation to an applicant for accreditation to operate a bus service or an accredited bus operator, means—
(a) if the applicant or accredited bus operator is a natural person, the applicant or operator; or
(b) if the applicant or accredited bus operator is a partnership, a partner who is concerned, or takes part, in the management of the activities to which the application or accreditation relates; or
(c) if the applicant or accredited bus operator is an unincorporated body or association other than a partnership, a member of the committee of management of the body or association who is concerned, or takes part, in the management of the activities to which the application or accreditation relates; or
(d) if the applicant or accredited bus operator is a company, a co-operative or an incorporated association, an officer of the company, co-operative or incorporated association; or
(e) if the applicant or accredited bus operator is a body corporate other than a company, co-operative or incorporated association, an officer of the body who is concerned, or takes part, in the management of the activities to which the application or accreditation relates;
S. 3(1) def. of responsible person substituted by No. 19/2010 s. 47(1)(b).
responsible person, in relation to an applicant for accreditation or an accredited bus operator, means—
(a) if the applicant or accredited bus operator is an individual, the applicant or accredited bus operator; or
(b) in any other case, a relevant person nominated by the applicant or accredited bus operator as the responsible person;
route bus service means a bus service consisting of the carriage of passengers by a bus for hire or reward operated along a fixed route on a regular basis;
S. 3(1) def. of Safety Director substituted by No. 6/2010 s. 203(1)(Sch. 6 item 4.2(b)) (as amended by No. 45/2010 s. 22).
Safety Director means the Director, Transport Safety within the meaning of section 3 of the Transport Integration Act 2010;



Secretary means the Secretary to the Department;
S. 3(1) def. of specified indictable fraud or dishonesty offence inserted by No. 49/2011 s. 28(2), repealed by No. 30/2021 s. 3(2).
* * * * *





S. 3(1) def. of tier 1 offence amended by Nos 93/2009 s. 49(3)(a), 47/2016 s. 32, 34/2020 s. 160, repealed by No. 30/2021 s. 3(2).
* * * * *





S. 3(1) def. of tier 2 offence amended by Nos 93/2009 s. 49(3)(b), 49/2011 s. 28(1), repealed by No. 30/2021 s. 3(2).
* * * * *




S. 3(1) def. of tier 3 offence repealed by No. 30/2021 s. 3(2).
* * * * *


tour and charter bus service means—
(a) a bus service operated for the carriage of tourists by a bus for hire or reward to a common destination; or
(b) a bus service operated for the carriage of a group of persons by bus for hire or reward by being previously booked or ordered by that group or by another person on behalf of that group and in respect of which the members of that group are not each charged a separate fare;
S. 3(1) def. of transport safety officer inserted by No. 30/2021 s. 3(1)(a).
transport safety officer has the same meaning as it has in the Transport (Safety Schemes Compliance and Enforcement) Act 2014;
volunteer means a person who is acting on a voluntary basis (irrespective of whether the person receives out-of-pocket expenses).
(2) For the purposes of the definition of route bus service in subsection (1)—
(a) a route is a fixed route even if—
(i) a stop on the route is not used on every journey, or ceases to be used altogether; or
(ii) different routes are used on different journeys of the bus service to get from one stop on the route to another stop on the route;
(b) a bus service operates on a regular basis even if—
(i) it only operates on any particular occasion if there is a sufficient level of demand for it; or
(ii) it requires a person using it to book or reserve a place before using it.
(3) A reference to a person who has been found guilty of an offence is a reference to a person—
(a) against whom a court has made a formal finding that he or she is guilty of the offence; or
(b) from whom a court has accepted a plea that he or she is guilty of the offence; or
(c) from whom a court has accepted an admission under section 100 of the Sentencing Act 1991 that he or she has committed the offence, or from whom a similar admission has been accepted under equivalent provisions of the laws of a jurisdiction other than Victoria; or
(d) against whom a finding has been made under—
S. 3(3)(d)(i) amended by No. 55/2014 s. 142(a).
(i) section 17(1)(b) or 38X(1)(b) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 that he or she was not guilty of the offence or an offence available as an alternative because of mental impairment; or
(ii) the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 of not guilty because of mental impairment; or
S. 3(3)(d)(iii) amended by No. 55/2014 s. 142(b).
(iii) section 17(1)(c) or 38X(1)(c) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 that he or she committed the offence—
or against whom a similar finding has been made under equivalent provisions of the laws of a jurisdiction other than Victoria (including jurisdictions outside Australia)—
being an admission, plea or finding that has not been subsequently quashed or set aside by a court.
(4) A reference to a person who has been charged with an offence is a reference to a person—
S. 3(4)(a) amended by No. 68/2009 s. 97(Sch. item 14.1).
(a) against whom an indictment has been filed for the offence; or

S. 3(4)(b) amended by No. 68/2009 s. 97(Sch. item 14.2).
(b) against whom a charge-sheet charging the offence has been filed, whether or not—
(i) a summons to answer the charge; or
(ii) a warrant to arrest the person—
has been issued or served.
(5) A reference to a charge that has not been finally disposed of is a reference to a charge that has not been finally disposed of by—
S. 3(5)(a) amended by No. 68/2009 s. 97(Sch. item 14.3).
(a) being withdrawn or by the discontinuance of the prosecution; or

(b) the charge having been dismissed by a court; or
S. 3(5)(c) amended by No. 68/2009 s. 97(Sch. item 14.4).
(c) the person charged having been discharged by a court following a committal hearing; or

S. 3(5)(d) amended by No. 68/2009 s. 97(Sch. item 14.5).
(d) the person charged having been acquitted or found guilty of the offence by a court; or

(e) any other prescribed means.
S. 3A
inserted by No. 6/2010 s. 24(5)(Sch. 1 item 4) (as amended by No. 45/2010 s. 5).
3A Transport Integration Act 2010
This Act is transport legislation within the meaning of the Transport Integration Act 2010.


4 Objects of bus safety
(1) The objects of this Act are to promote—
(a) the safety of bus services;
(b) the effective management of safety risks in bus services;
(c) continuous improvement in bus safety management;
(d) public confidence in the safety of the transport of passengers by bus;
(e) the involvement of relevant stakeholders in bus safety;
(f) a safety culture among persons who participate in the provision of bus services.
(2) The Parliament does not intend by Part 2 to create in any person any legal right or give rise to any civil cause of action.
5 Crown to be bound
(1) This Act binds the Crown—
(a) in right of the State of Victoria;
(b) to the extent that the legislative power of the Parliament permits, the Crown in all its other capacities.
(2) To avoid doubt, the Crown is a body corporate for the purposes of this Act or the regulations.
6 Interaction with Occupational Health and Safety Act
(1) If a provision of the Occupational Health and Safety Act 2004 or the regulations made under that Act applies to an activity in respect of which a duty is imposed under Division 2 of Part 3, that provision continues to apply, and must be observed in addition to that Division and any regulations made under this Act for the purposes of that Division.
Note
See also section 51 of the Interpretation of Legislation Act 1984.
(2) If a provision of this Act or the regulations made under this Act is inconsistent with a provision of the Occupational Health and Safety Act 2004 or the regulations made under that Act, the Occupational Health and Safety Act 2004 or the regulations made under it prevail to the extent of the inconsistency.
(3) Compliance with this Act or the regulations made under this Act, or with any requirements imposed under this Act or the regulations, is not in itself a defence in any proceedings for an offence against the Occupational Health and Safety Act 2004 or the regulations made under that Act.
(4) Evidence of a relevant contravention of this Act or the regulations made under this Act is admissible in any proceedings for an offence against the Occupational Health and Safety Act 2004 or the regulations made under that Act.
7 Declaration powers of Safety Director
(1) Subject to subsection (2) , the Safety Director may declare by notice published in the Government Gazette that—
(a) a motor vehicle or class of motor vehicle that is a bus specified in paragraph (a) of the definition of bus in section 3(1) is not a motor vehicle or class of motor vehicle that is a bus within the meaning of that definition;
(b) a motor vehicle or class of motor vehicle that is not a bus specified in paragraph (a) of the definition of bus in section 3(1) is to be a motor vehicle or class of motor vehicle that is a bus within the meaning of that definition;
(c) a courtesy bus service within the meaning of the definition of courtesy bus service in section 3(1) is to be a non-commercial courtesy bus service for the purposes of section 3(1) if the Safety Director is satisfied that the operator of the service does not derive any profit from the provision of the service;
(d) a bus service that is not defined to be a commercial bus service, a community and private bus service, a courtesy bus service, a hire and drive bus service or a local bus service within the meaning of section 3(1), is a—
(i) commercial bus service; or
(ii) community and private bus service; or
(iii) courtesy bus service; or
(iv) hire and drive bus service; or
(v) local bus service—
within the meaning of that definition (as appropriate);
(e) a bus service that is defined to be a commercial bus service, a community and private bus service, a courtesy bus service, a hire and drive bus service or a local bus service within the meaning of section 3(1) is not a—
(i) commercial bus service; or
(ii) community and private bus service; or
(iii) courtesy bus service; or
(iv) hire and drive bus service; or
(v) local bus service—
within the meaning of that definition (as appropriate) despite the bus service meeting the specifications in that definition.



(2) If the Safety Director intends to make a declaration under subsection (1), the Safety Director must—
(a) advise operators and sectors of the industry that will be affected by the declaration, if declared, of the proposed declaration; and
(b) provide those operators and sectors with an opportunity to make a submission in relation to the proposed declaration.
(3) The Safety Director must have regard to any submissions received under subsection (2) before making the declaration.
8 Declaration of substances to be a drug
The Minister, by Order published in the Government Gazette, may declare any substance to be a drug for the purposes of Part 5.
 
Part 2—Principles of bus safety
9 Principle of shared responsibility
(1) The safe operation of bus services is the shared responsibility of—
(a) the operator; and
(b) bus safety workers; and
(c) procurers; and
(d) persons who determine the location of bus stopping points, or who design, construct, install, modify or maintain a bus stopping point or bus stop infrastructure; and
(e) the Safety Director; and
(f) members of the public.
(2) The level and nature of responsibility that a person referred to in subsection (1), or a person within a class of persons referred to in subsection (1), has for bus safety is dependent on—
(a) the nature of the risk to bus safety that the person creates from the carrying out of an activity or the making of a decision; and
(b) the capacity that that person has to control, eliminate or mitigate that risk or any other risk to bus safety.
10 Principle of accountability for managing safety risks
Managing risks associated with the provision of bus services is the responsibility of the person best able to control the risk.
11 Principle of enforcement
Enforcement of this Act and the regulations should be undertaken for the purpose of—
(a) protecting public safety;
(b) promoting improvement in bus safety;
(c) removing any incentive for unfair commercial advantage that might be derived from contravening the bus safety requirements under this Act or the regulations;
(d) influencing the attitude and behaviour of persons whose actions may have adverse impacts on bus safety.
12 Principle of transparency and consistency
Bus regulatory decision-making processes should be timely, transparent and nationally consistent.
13 Principle of participation, consultation and involvement of all affected persons
The persons and classes of persons referred to in sections 9(1)(a), 9(1)(b), 9(1)(c) and 9(1)(d) should—
(a) participate in or be able to participate in; and
(b) be consulted on; and
(c) be involved in—
the formulation and implementation of measures to manage risks to safety associated with the provision of bus services.
 

 

 









═══════════════