Bus Safety Act 2009 - Australia (Part 7)

Part 7—Codes of practice
59 Codes of practice
(1) For the purposes of providing practical guidance to accredited bus operators and any other person who may be placed under an obligation by or under this Act, the Minister may, subject to section 63, approve one or more codes of practice.
(2) A code of practice—
(a) may consist of any code, standard, rule, specification or provision relating to any aspect of the bus service; and
(b) may apply, incorporate or refer to any document formulated or published by any body or authority as in force at the time the code of practice is approved, or as amended, formulated or published from time to time.
(3) The approval of a code of practice takes effect on the day on which notice of the approval is published in the Government Gazette, or any later day specified in the notice.
Note
A code of practice approved under this section is disallowable by either House of Parliament: see section 71.
60 Revisions to approved codes of practice
(1) Subject to section 63, the Minister may—
(a) approve any revision of the whole, or any part, of an approved code of practice;
(b) revoke the approval of a code of practice.
(2) The approval of a revision to an approved code of practice takes effect on the day on which notice the approval of the revision is published in the Government Gazette, or on any later day specified in the notice.
61 Revocation of approvals of codes of practice
The approval of an approved code of practice ceases to be of effect at the end of the day on which notice of the revocation of the approval is published in the Government Gazette, or on any later day specified in the notice.
62 Availability of approved codes of practice
The Minister must cause—
(a) a current copy of every approved code of practice; and
(b) a copy of every document applied, incorporated or referred to in an approved code of practice (in the form in which that document has effect in the approved code of practice)—
to be made available for inspection by members of the public without charge at the office of the Safety Director during normal office hours.
63 Minister must consult before approving code of practice or revision to code of practice
Before the Minister approves a code of practice or any revision of the whole, or any part, of an approved code of practice under section 59 or 60, the Minister must consult with persons or bodies that may be affected by the code of practice, or revision of an approved code of practice, to be approved.






64 Effect of approved code of practice
A person is not liable to any civil or criminal proceedings by reason only that he, she or it has failed to observe any provision of an approved code of practice.
Note
A person who complies with a compliance code may however, be taken to have complied with this Act (see section 70).

Part 8—General
Pt 8 Div. 1AA (Heading and ss 64A–64E) inserted by No. 30/2021 s. 12.
Division 1AA—Monitoring, compliance and enforcement policy


S. 64A inserted by No. 30/2021 s. 12.
64A Safety Director to develop monitoring, compliance and enforcement policy
(1) The Safety Director must, in accordance with section 64B, develop a policy to promote compliance with, and enforcement of, this Act and the regulations.
(2) The policy must set out—
(a) proportionate, cost effective and efficient options for monitoring and promoting compliance with, and enforcement of, this Act and the regulations; and
(b) how enforcement agencies will use those options to monitor and promote compliance with, and enforcement of, this Act and the regulations.
(3) The Safety Director must publish the policy on the Safety Director's internet site no later than 12 months after the commencement of this section.
(4) The Safety Director must review the policy every 3 years in accordance with section 64B.
S. 64B inserted by No. 30/2021 s. 12.
64B Safety Director must consult when developing or reviewing policy
(1) When developing or reviewing the monitoring, compliance and enforcement policy, the Safety Director must consult—
(a) Victoria Police; and
(b) transport safety officers who carry out monitoring, compliance or enforcement functions under a bus safety law; and
(c) the Head, Transport for Victoria and the Secretary; and
(d) persons who participate in the bus service industry.
(2) The Safety Director may consult with persons who regulate bus services in other jurisdictions when developing and reviewing the policy if the Safety Director considers that it would be useful to do so.
S. 64C inserted by No. 30/2021 s. 12.
64C Content of policy
(1) The monitoring, compliance and enforcement policy must provide guidance on—
(a) the exercise of the following kinds of powers under a bus safety law—
(i) monitoring and compliance powers;
(ii) investigation powers;
(iii) enforcement powers; and
(b) the measures to be adopted by the Safety Director to promote compliance with and enforcement of this Act and the regulations.
(2) The policy may provide guidance on other matters relevant to monitoring compliance with and enforcement of this Act and the regulations.
S. 64D inserted by No. 30/2021 s. 12.
64D Safety Director must coordinate and support implementation of policy
(1) The Safety Director must provide training, guidance and support to transport safety officers for the purpose of coordinating and supporting the implementation of the monitoring, compliance and enforcement policy.
(2) In addition, the Safety Director may coordinate and support the implementation of the policy in any other manner the Safety Director determines to be appropriate.
S. 64E inserted by No. 30/2021 s. 12.
64E Certain persons to have regard to policy
Persons involved in compliance, monitoring and enforcement activities under a bus safety law, must, so far as is reasonably practicable, have regard to the monitoring, compliance and enforcement policy when performing functions and duties and exercising powers under that law.
Division 1—General
S. 65 amended by No. 30/2021 s. 9.
65 Notification of incidents
An accredited bus operator must notify the Safety Director of prescribed incidents in accordance with the regulations.
Penalty: 50 penalty units.
66 Offence to provide false or misleading information
(1) A person must not either deliberately or recklessly—
(a) provide any information under this Act that is false or misleading in a material detail; or
(b) provide under this Act any document that is false or misleading in a material detail; or
(c) make any representation under this Act that provides a false or misleading impression of a material detail; or
(d) fail to include any material matter in any information or document provided under this Act if the failure causes the information or document to be false or misleading; or
(e) engage in conduct, or a course of conduct, for a purpose that is relevant to this Act, if that conduct is misleading or deceptive, or is likely to mislead or deceive.
Penalty: 600 penalty units, in the case of a body corporate;
Level 9 imprisonment (6 months maximum) or 120 penalty units or both, in any other case.
(2) Subsection (1)(b) does not apply if, at the time the person provided the document to the person or body to whom the document was provided, the person either—
(a) informed that person or body that the record contained a material detail that was false or misleading and specified in what respect it was false or misleading; or
(b) took all reasonable steps to provide that person or body with that information.
(3) A reference in this section to "under this Act" or "relevant to this Act" is to be read as including a reference to any purpose associated with this Act or the regulations, and regardless of whether the information, document, representation or conduct was required to be provided or was provided voluntarily.
67 Safety Director may set accreditation fees
(1) The Safety Director may, by notice published in the Government Gazette, set—
S. 67(1)(a) amended by No. 19/2010 s. 58.
(a) application fees;


(b) annual accreditation fees;
(c) inspection fees.
(2) In setting fees, the Safety Director may provide for all or any of the following matters—
(a) specific fees;
(b) maximum or minimum fees;
(c) maximum and minimum fees;
(d) scales of fees;
(e) the payment of fees either generally or under specified conditions or in specified circumstances, including conditions or circumstances relating to the late lodgement of an application, or the late payment of fees under the Act;
(f) impose different fees on accredited bus operators, having regard to the nature, size and service being provided by the accredited bus operator.
(3) The Safety Director may provide for the reduction or waiver of fees set under subsection (1) in a particular case or a particular class of case if the Safety Director is satisfied that there are reasonable grounds to provide for the reduction, or the waiver, of fees.
(4) A fee set by the Safety Director is not limited to an amount that is related to the cost of providing a service.
(5) If the Safety Director intends to set fees under this section, the Safety Director must—
(a) advise operators and sectors of the industry that will be affected by the fees, if set, of the proposed fees; and
(b) provide those operators and sectors with an opportunity to make a submission in relation to the proposed fees.
(6) The Safety Director must have regard to any submissions received under subsection (5) before setting the proposed fees.
68 Imputing conduct to bodies corporate
For the purposes of this Act and the regulations, any conduct engaged in or on behalf of a body corporate by an employee, agent or officer (within the meaning given by section 9 of the Corporations Act) of the body corporate acting within the actual or apparent scope of his or her employment, or within his or her actual or apparent authority, is conduct also engaged in by the body corporate.
S. 69 substituted by No. 27/2014 s. 134
69 Criminal liability of officers of bodies corporate—failure to exercise due diligence
(1) If a body corporate commits an offence against a provision specified in subsection (2), an officer of the body corporate also commits an offence against the provision if the officer failed to exercise due diligence to prevent the commission of the offence by the body corporate.
(2) For the purposes of subsection (1), the following provisions are specified—
(a) section 15(1);
(b) section 17(1);
(c) section 18(1);
S. 69(2)(d) substituted by No. 30/2021 s. 10(1).
(d) section 22;


S. 69(2)(e) substituted by No. 30/2021 s. 10(2).
(e) section 32;

S. 69(2)(f) substituted by No. 30/2021 s. 10(2).
(f) section 38(1), (3) or (6);


S. 69(2)(g) substituted by No. 30/2021 s. 10(2).
(g) section 55E;


S. 69(2)(h) substituted by No. 30/2021 s. 10(2).
(h) section 55G(2);


(i) section 56(2);
(j) section 65;
(k) section 66(1).
(3) In determining whether an officer of a body corporate failed to exercise due diligence, a court may have regard to—
(a) what the officer knew, or ought reasonably to have known, about the commission of the offence by the body corporate; and
(b) whether or not the officer was in a position to influence the body corporate in relation to the commission of the offence by the body corporate; and
(c) what steps the officer took, or could reasonably have taken, to prevent the commission of the offence by the body corporate; and
(d) any other relevant matter.
(4) Without limiting any other defence available to the officer, an officer of a body corporate may rely on a defence that would be available to the body corporate if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the body corporate would bear.
(5) An officer of a body corporate may commit an offence against a provision specified in subsection (2) whether or not the body corporate has been prosecuted for, or found guilty of, an offence against that provision.
S. 69A inserted by No. 19/2010 s. 59.
69A Liability of officers of partnerships and unincorporated bodies or associations
If—
(a) this Act imposes a duty on a person or provides that a person is guilty of an offence; and
(b) the person is a partnership or an unincorporated body or association (including a partnership or an unincorporated body or association representing the Crown)—
the reference to the person is taken to be instead a reference to each officer of the partnership, body or association (as the case may be).
70 Effect of compliance with regulations or approved codes of practice
If—
(a) the regulations or an approved code of practice make provision for or with respect to a duty or obligation imposed by this Act or the regulations; and



(b) a person complies with the regulations or the approved code of practice to the extent that it makes that provision—
the person is, for the purposes of this Act and the regulations, taken to have complied with this Act or the regulations in relation to that duty or obligation.
71 Tabling and disallowance of approved codes of practice
(1) On or before the 6th sitting day after an approved code of practice is published in the Government Gazette, the Minister must ensure that a copy of that code is laid before each House of the Parliament.
(2) A failure to comply with subsection (1) does not affect the operation or effect of the code of practice but the Scrutiny of Acts and Regulations Committee of the Parliament may report the failure to each House of the Parliament.
(3) A code of practice may be disallowed in whole or in part by either House of Parliament.
(4) Part 5 of the Subordinate Legislation Act 1994 applies a code of practice as if—
(a) a reference in that Part to "statutory rule" were a reference to a code of practice; and
(b) a reference in section 23(1)(c) of that Act to "section 15(1)" were a reference to subsection (1).
(5) A reference to a code of practice in this section includes a reference to any amendment to, or revision of the whole or any part of, a code of practice.


Division 2—Regulations
72 General
(1) The Governor in Council may make regulations for or with respect to—
(a) prescribing forms to be used for the purposes of this Act;
(b) prescribing the keeping and the form of any records or other documents as may be necessary for the administration of this Act;
(c) the collection, provision, transfer, disclosure or use of information for the purposes of this Act;
(d) any matter or thing authorised or required to be prescribed or necessary to be prescribed for carrying this Act into effect.
(2) Regulations made under this Act—
(a) may be of general or of specially limited application;
(b) may differ according to differences in time, place or circumstance;
(c) may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by a specified person or specified class of persons;
(d) may provide in a specified case or class of case for the exemption of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions, and either wholly or to such extent as is specified;
(e) may confer powers or impose duties in connection with the regulations on any specified person or specified class of persons;
(f) may apply, adopt or incorporate with or without modification, any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any person—
(i) wholly or partially or as amended by the regulations; or
(ii) as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or
(iii) as formulated, issued, prescribed or published from time to time;
(g) may impose a penalty not exceeding 20 penalty units for any contravention of the regulations.
73 Bus services and bus safety work
(1) Without limiting the generality of section 72, the regulations may be made for or with respect to—
(a) prescribing a class of courtesy bus service to be a non-commercial courtesy bus service;
(b) prescribing a class of bus service to be a—
(i) commercial bus service; or
(ii) courtesy bus service; or
(iii) hire and drive bus service; or
(iv) community and private bus service; or
(v) local bus service;
(c) prescribing a class of bus service not to be a—
(i) commercial bus service; or
(ii) courtesy bus service; or
(iii) hire and drive bus service; or
(iv) community and private bus service; or
(v) local bus service;
S. 73(1)(d) substituted by No. 49/2011 s. 32.
(d) prescribing a motor vehicle or each motor vehicle within a class of motor vehicles to be a bus;
S. 73(1)(e) substituted by No. 49/2011 s. 32.
(e) prescribing a motor vehicle or each motor vehicle within a class of motor vehicles not to be a bus;
(f) prescribing activities to be bus safety work.
74 Safety duties
Without limiting the generality of section 72, the regulations may be made for or with respect to—
(a) specified safety obligations to be imposed on—
(i) operators, bus safety workers and procurers; and
(ii) persons who design, determine the location of, construct, install, modify and maintain, bus stopping points or bus stop infrastructure;
(b) prohibiting specified conduct by—
(i) operators, bus safety workers and procurers; and
(ii) persons who determine the location of, design, construct, install, modify or maintain, bus stopping points or bus stop infrastructure—
for bus safety purposes;
(c) the way in which duties or obligations imposed by this Act or the regulations are performed;
(d) regulating or requiring the taking of any action to avoid a hazard or incident in relation to operating bus services;
(e) regulating, requiring or prohibiting the taking of any action in the event of an incident in relation to the operation of bus services;
(f) regulating the engineering standards and specifications of buses and standards relating to the maintenance of buses, including in relation to safety equipment or devices to be installed on buses;
(g) regulating or requiring the examination, testing, maintenance or repair of buses, or equipment in, or on, a bus.
75 Inspections and safety audits
Without limiting the generality of section 72, the regulations may be made for or with respect to—
(a) bus inspections, including in relation to—
(i) the nature of the inspections;
(ii) the frequency of the inspections;
(iii) the manner in which inspections are to be carried out;
(iv) who may conduct the inspections and the qualifications, experience and certifications required by inspectors;
(v) the form and content of inspection reports;
(vi) circumstances when an inspector cannot conduct an inspection;

(b) regulating the manner in which inspectors are to make recommendations to operators including with respect to—
(i) the type and nature of recommendations which may be obligatory and require compliance by operators;
(ii) the consequences for noncompliance by operators with the recommendations made by inspectors;
(iii) the notification of the Safety Director by an operator if an operator is unable to comply with a recommendation;
(c) requiring inspectors to notify the Safety Director in prescribed circumstances;
(d) prescribing the process by which the Safety Director may impose requirements on operators, which must be complied with, following an inspection, or based on a notification by an inspector or an operator;
(e) prescribing the consequences for non-compliance by an operator with a requirement imposed by the Safety Director;
(f) regulating the notifications required before a safety audit can be conducted by the Safety Director on an operator;
(g) the manner in which a safety audit is to be conducted;
(h) the requirements the Safety Director may impose on an operator, which must be complied with, following a safety audit.

S. 76 (Heading) amended by No. 30/2021 s. 11(1).
76 Accreditation
Without limiting the generality of section 72, the regulations may be made for or with respect to—

S. 76(a)(b) repealed by No. 30/2021 s. 11(2)(a).
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(c) the form of a certificate of accreditation;
S. 76(d) amended by No. 30/2021 s. 11(2)(b).
(d) the requirements, manner and process to be observed by operators of a bus service applying for accreditation;
(e) prescribing the form of an application for accreditation;
(f) prescribing documents and things that must accompany an application for accreditation;
(g) matters to be considered by the Safety Director when determining an accreditation application;
S. 76(h) repealed by No. 30/2021 s. 11(2)(c).
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(i) prescribing classes of accreditation;
(j) prescribing conditions of accreditation;
S. 76(ja) inserted by No. 30/2021 s. 11(2)(d).
(ja) the requirements and process to be observed by operators of a bus service in relation to number plates issued to operators on accreditation, including with respect to the classes of number plates to which the requirements apply;
S. 76(jb) inserted by No. 30/2021 s. 11(2)(d).
(jb) prescribing the circumstances in which number plates issued to operators on accreditation must be returned;
S. 76(k) amended by Nos 19/2010 s. 60, 30/2021 s. 11(2)(e).
(k) prescribing application fees or accreditation fees.


S. 76A inserted by No. 30/2021 s. 13.
76A Hazardous areas
Without limiting the generality of section 72, the regulations may be made for or with respect to—
(a) the declaration of areas as hazardous areas;
(b) the approval of persons to drive vehicles seating more than 9 people (driver included) in hazardous areas;
(c) the approval of certain vehicles seating more than 9 people (driver included) for use in hazardous areas;
(d) the issue of authorities or permissions to persons to drive in hazardous areas;
(e) prescribing requirements for applicants to obtain an approval, authority or permission to drive in hazardous areas, including—
(i) requiring the applicant to pass a test;
(ii) the qualifications, experience and certifications required of applicants;
(f) prohibiting or regulating the use of certain vehicles seating more than 9 people (driver included) in hazardous areas;
(g) specifying requirements for vehicles operating in hazardous areas, including—
(i) the safety standards that vehicles must meet to operate in a hazardous area; and

(ii) any safety devices or equipment that must be carried in, or fitted to, the vehicle while operating in a hazardous area.
77 Fees
(1) A power conferred by this Act to make regulations providing for the imposition of fees may be exercised by providing for all or any of the following matters—
(a) specific fees;
(b) maximum or minimum fees;
(c) maximum and minimum fees;
(d) scales of fees;
(e) the payment of fees either generally or under specified conditions or in specified circumstances, including conditions or circumstances relating to the late lodgement of an application, or the late payment of fees, under this Act;
(f) the reduction, waiver or refund, in whole or in part, of the fees.
(2) If under subsection (1)(f) regulations provide for a reduction, waiver or refund, in whole or in part, of a fee, the reduction, waiver or refund may be expressed to apply either generally or specifically—
(a) in respect of certain matters or transactions or classes of matters or transactions; or
(b) in respect of certain documents or classes of documents; or
(c) when an event happens; or
(d) in respect of certain persons or classes of persons; or
(e) in respect of any combination of matters, transactions, documents, events or persons—
and may be expressed to apply subject to specified conditions or in the discretion of any specified person.
(3) A fee that may be imposed by regulation is not limited to an amount that is related to the cost of providing a service.
S. 78
expired by force of No. 13/2009 s. 78(4).
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Pt 8 Div. 3 (Heading and ss 78A–78D) inserted by No. 19/2010 s. 61.
Division 3—Transitional provisions for operators who must be registered or accredited


S. 78A inserted by No. 19/2010 s. 61.
78A Definition
In this Division—
commencement day means 31 December 2010.
S. 78B inserted by No. 19/2010 s. 61.
78B Transitional provision for existing bus operators requiring registration from commencement day
(1) This section applies to a person who was an operator of a bus service immediately before the commencement day and that bus service in respect of which the person is the operator, is on and from the commencement day, a bus service that is not a commercial bus service or a local bus service.
(2) Subject to subsection (3), a person to whom this section applies is not required to comply with section 22 until 31 December 2011.
(3) A person who is an operator of a bus service to whom this section applies is required to comply with section 22 before 31 December 2011 if the person is served with a notice from the Safety Director requiring the person to register as an operator of a bus service to which section 22 applies.
(4) A notice served on a person under subsection (3) must—
(a) be in writing; and
(b) be served by registered or certified post; and
(c) state that the person is required to apply for registration under section 22 within the period specified in the notice.
(5) The period specified in a notice under subsection (4)(c) must not be less than 28 days after the notice is served on the person.
S. 78C inserted by No. 19/2010 s. 61.
78C Transitional provision for bus operators no longer required to be accredited from commencement day
Despite the repeal of Part 2 of the Public Transport Competition Act 1995 by this Act, a person who—
(a) immediately before the commencement day, was accredited to operate a road transport passenger service within the meaning of the Public Transport Competition Act 1995; and
(b) on and after the commencement day—
(i) is not required to be accredited as an operator of a bus service under Division 2 of Part 4; and
(ii) is required to be registered as an operator of a bus service under section 22—
continues to be, on and after the commencement day, a person accredited under the Public Transport Competition Act 1995, as if Part 2 of that Act had not been repealed, until 31 December 2011 unless that person is registered under section 22 before 31 December 2011.
S. 78D inserted by No. 19/2010 s. 61.
78D Transitional provision for drivers of commercial passenger vehicles
(1) This section applies to a person who was licensed to operate a commercial passenger vehicle immediately before the commencement day under Division 5 of Part VI of the Transport Act 1983 and the vehicle in respect of which the person is licensed, is on and after the commencement day, a bus.
(2) A person referred to in subsection (1) is, on and after the commencement day, deemed to comply with this Act and the regulations if the person complies with the conditions of his or her licence issued under Division 5 of Part VI of the Transport Act 1983 until the earlier of—
(a) the person becoming a registered bus operator or an accredited bus operator; or
(b) 31 December 2011.
Pt 8 Div. 4 (Heading and new ss 79–84) inserted by No. 30/2021 s. 14.
Division 4—Transitional provisions—Transport Legislation Miscellaneous Amendments Act 2021

New s. 79 inserted by No. 30/2021 s. 14.
79 Definitions
In this Division—
commencement day means the day section 14 of the Transport Legislation Miscellaneous Amendments Act 2021 comes into operation;
new provision means a provision of this Act as in force on the commencement day;
old provision means a provision of this Act as in force immediately before the commencement day.
New s. 80 inserted by No. 30/2021 s. 14.
80 General transitional provision
(1) This Division does not affect or take away from the Interpretation of Legislation Act 1984.
(2) Without limiting subsection (1), in declaring that certain new provisions are to be treated as re-enacting with modifications certain old provisions, this Division must not be taken to limit the operation of any provision of the Interpretation of Legislation Act 1984 relating to the re-enactment.
(3) This Division applies despite anything to the contrary in any of the new provisions.
New s. 81 inserted by No. 30/2021 s. 14.
81 Registered bus operators
(1) An operator of a bus service that is not a commercial bus service or a local bus service that was registered under section 22 as in force immediately before the commencement day, on and from the commencement day—
(a) is taken to be an accredited bus operator under Part 4; and
(b) is subject to the conditions—
(i) specified under section 31; or
(ii) prescribed under section 31; or
(iii) imposed by the Safety Director in accordance with section 31.
(2) If an operator of a bus service specified in subsection (1) is granted a permission under section 22(5A) as in force immediately before the commencement day, that permission continues to apply on and after the commencement day subject to any conditions imposed by the Safety Director at the time the permission was granted.
(3) An application made by an operator of a bus service under section 22 as in force immediately before the commencement day that has not been determined by the Safety Director is, on and from the commencement day, taken to be an application for accreditation to operate that bus service under section 23.
(4) A certificate of registration issued to an operator specified in subsection (1) under section 22 as in force immediately before the commencement day, on and from the commencement day is taken to be a certificate of accreditation under section 30.
(5) If a certificate of registration referred to in subsection (4) specifies a registration number, on and from the commencement day, that number is taken to be an accreditation number allocated to the operator under section 30.
New s. 82 inserted by No. 30/2021 s. 14.
82 Accredited bus operators
(1) An operator of a commercial bus service or a local bus service that was accredited under Part 4 as in force immediately before the commencement day, on and from the commencement day—
(a) is taken to be an accredited bus operator under Part 4; and
(b) continues to be subject to any conditions imposed by the Safety Director under section 34(2) as in force immediately before the commencement day as if the Safety Director had imposed those conditions under section 31; and  
(c) is subject to any conditions—
(i) specified under section 31; or
(ii) prescribed under section 31; or
(iii) imposed by the Safety Director in accordance with section 31.
(2) An application made by an operator of a commercial bus service or a local bus service under section 25 as in force immediately before the commencement day that has not been determined by the Safety Director under section 26 as in force immediately before the commencement day is, on and from the commencement day, taken to be an application for accreditation to operate that bus service under section 23 and must be determined by the Safety Director in accordance with Division 2 of Part 4 and section 33.
(3) An accreditation granted to an operator of a commercial bus service or a local bus service that is subject to an expiry date under Part 4 as in force immediately before the commencement day, on and from the commencement day remains in force until the expiry of the period set by the Safety Director before the commencement day.
(4) If the Safety Director has disqualified an applicant from applying for accreditation for a specified period under section 30 as in force immediately before the commencement day, on and from the commencement day that disqualification is taken to be a disqualification under section 27 and applies for the same period.
New s. 83 inserted by No. 30/2021 s. 14.
83 Inspection requirements
If, immediately before the commencement day, a registered bus operator has ensured that a bus used to provide the bus service has undergone a safety inspection in accordance with the regulations, on and from the commencement day that bus safety inspection is taken to comply with the requirements for bus services operated by accredited bus operators under section 19.
New s. 84 inserted by No. 30/2021 s. 14.
84 Re-enacted provisions
An old provision specified in Column 1 of the Table is taken to be re-enacted (with modifications) by the new provision appearing opposite in Column 2 of the Table.
Table
Old provision New provision
Section 31 Section 28
Section 32 Section 29
Section 33 Section 30
Section 37 Section 33
Section 38 Section 34
Section 39 Section 35
Section 40 Section 37
Section 41 Section 38
Section 42 Section 39
Section 43 Section 40
Section 48 Section 45
Section 50 Section 46
Section 51 Section 47
Section 52 Section 49
Section 52A Section 50
Section 52B Section 51
Section 52C Section 52
Section 52D Section 53
Section 52E Section 54
Section 52F Section 55
Section 52G Section 55A
Section 52H Section 55B
Section 52I Section 55C
Section 52J Section 55D
Section 54 Section 55G
Section 55 Section 55H
Pt 9
(Headings and ss 79−102)
amended by Nos 68/2009 s. 97(Sch. item 14.10), 6/2010 s. 203(1)(Sch. 6 items 4.5−4.7) (as amended by No. 45/2010 s. 22), 19/2010 ss 62−66), repealed by No. 13/2009 s. 102.
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