Victorian Numbered Acts

BUS SAFETY ACT 2009 (NO. 13 OF 2009) - SECT 42

    (1)     The Safety Director may at any time on his or her own initiative—

        (a)     vary or revoke a condition of an accreditation; or

        (b)     impose a new condition; or

        (c)     vary the class of an accreditation; or

        (d)     vary the scope of an accreditation by     adding a bus service or class of bus service to the accreditation.

    (2)     Before taking action under this section, the Safety Director must—

        (a)     give the accredited bus operator written notice of the action that the Safety Director proposes to take; and

        (b)     allow the accredited bus operator to make written representations about the intended action within 10 business days (or any other period that the Safety Director and the accredited bus operator agree to).
s. 42

    (3)     Subsection (2) does not apply if the Safety Director considers it necessary to take immediate action in the interest of public safety.

    (4)     If the Safety Director takes immediate action under this section, the Safety Director must notify the accredited bus operator within 48 hours of making the decision.

    (5)     The Safety Director must—

        (a)     give the accredited bus operator—

              (i)     details of any action taken under subsection (1); and

              (ii)     details of any change to the conditions of the accreditation that are required as a result of any amendment to the regulations; and

              (iii)     a statement of reasons for any action taken under subsection (1); and

        (b)     notify the accredited bus operator that the operator has a right to seek review of the Safety Director's decision under Part 6.

    (6)     The Safety Director must give the details, the statement of reasons and notice under subsection (5) in writing.