Victorian Numbered Acts

BUS SAFETY ACT 2009 (NO. 13 OF 2009) - SECT 7

    (1)     Subject to subsection (2)     , the Safety Director may declare by notice published in the Government Gazette that—

        (a)     a motor vehicle or class of motor vehicle that is a bus specified in paragraph (a) of the definition of bus in section 3(1) is not a motor vehicle or class of motor vehicle that is a bus within the meaning of that definition;

        (b)     a motor vehicle or class of motor vehicle that is not a bus specified in paragraph (a) of the definition of bus in section 3(1) is to be a motor vehicle or class of motor vehicle that is a bus within the meaning of that definition;

        (c)     a courtesy bus service within the meaning of the definition of courtesy bus service in section 3(1) is to be a non-commercial courtesy bus service for the purposes of section 3(1) if the Safety Director is satisfied that the operator of the service does not derive any profit from the provision of the service;    

        (d)     a bus service that is not defined to be a commercial bus service", a " community and private bus service , a "courtesy bus service", a hire and drive bus service or a local bus service within the meaning of section 3(1), is a—

              (i)     commercial bus service ; or

              (ii)     community and private bus service ; or

              (iii)     courtesy bus service ; or

              (iv)     hire and drive bus service ; or

              (v)     "local bus service"—

within the meaning of that definition (as appropriate);

        (e)     a bus service that is defined to be a commercial bus service", a " community and private bus service , a "courtesy bus service", a hire and drive bus service or a local bus service within the meaning of section 3(1) is not a—

              (i)     commercial bus service ; or

              (ii)     community and private bus service ; or

              (iii)     courtesy bus service ; or

              (iv)     hire and drive bus service ; or

              (v)     "local bus service"—

within the meaning of that definition (as appropriate) despite the bus service meeting the specifications in that definition.

    (2)     If the Safety Director intends to make a declaration under subsection (1), the Safety Director must—

        (a)     advise operators and sectors of the industry that will be affected by the declaration, if declared, of the proposed declaration; and

        (b)     provide those operators and sectors with an opportunity to make a submission in relation to the proposed declaration.

    (3)     The Safety Director must have regard to any submissions received under subsection (2) before making the declaration.