Victorian Numbered Acts

BUS SAFETY ACT 2009 (NO. 13 OF 2009) - SECT 41

    (1)     If a relevant change in circumstances occurs with respect to an accreditation or an accredited bus operator, the accredited bus operator must notify the Safety Director of the change in writing within 7 days after becoming aware of the change.

Penalty:     In the case of a natural person, 240 penalty units;

In the case of a body corporate, 1200 penalty units.

    (2)     For the purposes of subsection (1), a relevant change in circumstances is a change in circumstances—

        (a)     that has resulted or will result in any particular set out in—

              (i)     the application for the accreditation or in any document that accompanied that application or was supplied in connection with it; or

              (ii)     the certificate of accreditation—

becoming inaccurate or inapplicable; or

        (b)     with respect to the manner of operating the commercial bus service or local bus service that has resulted or will or may result in the accredited bus operator not being able to comply with a requirement under this Act; or

        (c)     that has resulted or will or may result in a ground for refusal of accreditation referred to in section 27 or 28 becoming applicable to the accredited bus operator; or

        (d)     with respect to the number of buses or bus services being operated by the accredited bus operator.

    (3)     If the relevant change in circumstances has resulted or will result in any particular set out in the certificate of accreditation becoming inaccurate or inapplicable, the accredited bus operator must surrender the certificate to the Safety Director when the accredited operator notifies the Safety Director of the change under subsection (1).

Penalty:         In the case of a natural person, 240 penalty units;

In the case of a body corporate, 1200 penalty units.

    (4)     If a certificate of accreditation is surrendered to the Safety Director in accordance with subsection (3), the Safety Director may amend the certificate or issue a replacement certificate for the remainder of the period of the accreditation.

    (5)     The Safety Director may require a responsible person to provide any other information or comply with any other requirement (including a criminal records check) that the Safety Director reasonably requires to decide whether or not, because of a relevant change of circumstances, the accredited bus operator is a suitable person to continue to be accredited.

    (6)     A person must not fail to comply with a requirement under subsection (5).

Penalty:     1200 penalty units.