Victorian Numbered Acts Victorian Numbered Acts(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;
"approved training course "means a course of training provided in this State or another State or Territory that—
(a) is prescribed; or
(b) is approved by the Safety Director;
"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;
"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—
(d) subject to section 23, a vehicle which is a taxi-cab in respect of which a taxi-cab licence is granted under the Transport Act 1983 ;
(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
1 A passenger car modified to have more than 9 seats (for example, a stretch limousine) is not a bus.
2 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.
3 A motor vehicle built overseas as a bus is a bus unless it is a motor vehicle built to be a Hummer.
"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 ;
"commercial bus service" means—
(a) a route bus service;
(b) a demand responsive bus service;
(c) a tour and charter bus service;
(d) a courtesy bus service (other than a non-commercial courtesy bus 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—
if that bus service operates a bus built with seating positions for 13 or more adults (including the driver) to provide that 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;
"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;
"co-operative" has the same meaning as in the Co-operatives Act 1996 ;
"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;
"Department "means the Department of Transport;
s. 3
"disqualifying offence" means a tier 1 offence, a tier 2 offence or a tier 3 offence;
"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;
"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 Fair Trading Act 1999 ) 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 ;
"local bus service" means a service consisting of the carriage of passengers by a bus 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;
Example
A bus service provided by a Council (within the meaning of the Local Government Act 1989 ) or a housing authority for the benefit of residents in a locality or members of the general public is a local bus service.
"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;
"officer", in relation to a body corporate other than a company, co-operative or incorporated association, means a member of the committee of management of the body corporate;
"officer", in relation to a company, means—
(a) a director or secretary of the company; or
(b) a person—
(i) who makes, or participates in making, decisions that affect the whole, or a substantial part, of the business of the company; or
(ii) who has the capacity to affect significantly the company's financial standing; or
(iii) in accordance with whose instructions or wishes the directors of the company are accustomed to act (excluding advice given by the person in the proper performance of functions attaching to the person's professional capacity or their business relationship with the directors of the company);
"officer", in relation to a co-operative, means—
(a) a director or secretary of the
co-operative; or
s. 3
(b) a person who is concerned, or takes part, in the management of the co-operative, whether or not as a director;
"officer", in relation to an incorporated association means—
(a) the public officer or secretary (within the meaning of the Associations Incorporation Act 1981 ) of the incorporated association; or
(b) a member of the committee (within the meaning of the Associations Incorporation Act 1981 ) of the incorporated association; or
(c) a person who is concerned, or takes part, in the management of the incorporated association;
"operator", in relation to a bus service, means a 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;
"prescribed" means prescribed by the regulations;
"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;
"registered bus operator" means an operator registered to operate a bus service under section 22;
"regulations" means regulations made under this Act;
"responsible person", in relation to an applicant for accreditation to operate a commercial bus service or local bus service or an accredited operator, means—
(a) if the applicant or accredited operator is a natural person, the applicant or operator; or
(b) if the applicant or accredited 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 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 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 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;
"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;
"Safety Director" means the Director, Public Transport Safety appointed under section 9L of the Transport Act 1983 ;
"Secretary "means the Secretary to the Department;
tier 1 offence means—
(a) an offence against the Crimes Act 1958 that involves sexual penetration (within the meaning given by section 35(1) of that Act); or
(b) an offence against a provision of the Crimes Act 1958 amended or repealed before the commencement of Part 2 of the Transport (Taxi-cab Accreditation and Other Amendments) Act 2006 of which the necessary elements at the time it was committed consisted of elements that constitute an offence referred to in paragraph (a); or
(c) an offence specified in clause 1 of Schedule 1 to the Sentencing Act 1991 , if the victim of the offence was a child or a person with a cognitive impairment, that is not an offence referred to in paragraph (a) or (b); or
(d) an offence against section 271.4 (trafficking in children), or section 271.7 (domestic trafficking in children), of the Criminal Code of the Commonwealth; or
(e) an offence against section 5A of the Crimes Act 1958 ; or
(f) an offence against section 318 of the Crimes Act 1958 ; or
(g) a child pornography offence within the meaning of the Working with Children Act 2005 ; or
(h) an offence within the meaning of Division 101 of the Criminal Code of the Commonwealth; or
(i) an offence specified in clause 3 of Schedule 1 to the Sentencing Act 1991 ; or
(j) an indictable offence involving fraud or dishonesty; or
(k) an offence specified in clause 4 of Schedule 1 to the Sentencing Act 1991 ; or
(l) an offence under a law of a jurisdiction other than Victoria (including jurisdictions outside Australia) that, if it had been committed in Victoria, would have constituted an offence of a kind listed in this definition;
tier 2 offence means—
(a) an offence specified in clause 1 of Schedule 1 to the Sentencing Act 1991 that is not an offence referred to in paragraph (a), (b), (c), (d), (e) or (f) of the definition of tier 1 offence ; or
(b) an offence specified in clause 2 of Schedule 1 to the Sentencing Act 1991 that is not an offence specified in clause 3 of that Schedule; or
(c) an offence against section 24 of the Crimes Act 1958 arising out of the driving of a motor vehicle by the offender; or
(d) an offence against section 319(1) of the Crimes Act 1958 ; or
(e) an offence against section 319(1A) of the Crimes Act 1958 ; or
(f) an offence against section 271.3 (aggravated offence of trafficking in persons), or section 271.6 (aggravated offence of domestic trafficking in persons), of the Criminal Code of the Commonwealth; or
(g) an offence against section 61 of the Road Safety Act 1986 resulting in a person being killed or suffering serious injury; or
(h) a summary offence involving fraud or dishonesty; or
(i) an offence against this Act; or
(j) an offence against the Bus Services Act 1995 ; or
(k) an offence under a law of a jurisdiction other than Victoria (including jurisdictions outside Australia) that, if it had been committed in Victoria, would have constituted an offence of a kind listed in this definition;
tier 3 offence means—
(a) a criminal offence that is not a tier 1 offence or a tier 2 offence; or
(b) an offence under a law of a jurisdiction other than Victoria (including jurisdictions outside Australia) that, if it had been committed in Victoria, would have constituted an offence of a kind listed in this definition;
"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;
"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—
s. 3
(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—
(i) section 17(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
(iii)
section 17(1)(c) of the Crimes (Mental Impairment and Unfitness to be Tried)
Act 1997 that he or she committed the offence—
s. 3
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—
(a) against whom a presentment has been made or an indictment has been laid for the offence; or
(b) against whom a charge has been filed for the offence, 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—
(a) being withdrawn or by the entering of a nolle prosequi; or
(b) the charge having been dismissed by a court; or
(c) the person against whom the charge has been laid having been discharged by a court following a committal hearing; or
(d) the person against whom the charge has been laid having been acquitted or found guilty of the offence that was the subject of the charge by a court; or
(e) any other prescribed means.