Victorian Numbered Acts

BUS SAFETY ACT 2009 (NO. 13 OF 2009) - SECT 40

    (1)     An accredited bus operator may apply to the Safety Director to—

        (a)     vary—

              (i)     a condition of an accreditation;

              (ii)     the class of bus service for which the operator is accredited to operate;

              (iii)     the scope of the accreditation by     adding a bus service or class of bus service to the accreditation;

              (iv)     the expiry date that may apply to the accreditation by changing that date or omitting that date;

        (b)     revoke a condition of an accreditation.

    (2)     An application must—

        (a)     be in writing; and

        (b)     set out the reasons for the variation or revocation of the condition.

    (3)     The Safety Director must consider an application he or she receives under this section within 3 months of receiving the application.

    (4)     The Safety Director may, as the case requires—

        (a)     grant or refuse to grant the variation;

        (b)     agree or refuse to agree to the revocation;

        (c)     make any variation to the accreditation that the Safety Director considers appropriate.

    (5)     If the Safety Director refuses to grant a variation or refuses to agree to a revocation, the Safety Director must—

        (a)     notify the accredited bus operator—

              (i)     of that refusal; and

              (ii)     that the accredited bus operator has a right to seek review of the Safety Director's decision under Part 6; and

        (b)     give the accredited bus operator a statement of reasons for the refusal.

    (6)     A notification under subsection (5)(a) and a statement of reasons under subsection (5)(b) must be—

        (a)     in writing; and

        (b)     given to the accredited bus operator as soon as practicable after the Safety Director makes his or her decision to refuse to grant the variation or to agree to the revocation (as the case requires).