s 58

Review by VCAT

In force

S. 58(1) amended by No. 34/2023 s. 127(Sch. 1 item 1.48(a)).

(1)

A person may apply to VCAT for review of a decision by Safe Transport Victoria to—

S. 58(1)(a) substituted by No. 30/2021 s. 8(1)(a), amended by No. 34/2023 s. 127(Sch. 1 item 1.48(b)).

(a)

refuse accreditation to an operator to operate a bus service, including refusal made by Safe Transport Victoria under section 25;

(b)

impose a condition on the accreditation of an accredited bus operator;

(c)

not vary the accreditation following a request for variation by the accredited bus operator;

(d)

vary the accreditation of an accredited bus operator;

(e)

suspend or cancel the accreditation of an accredited bus operator;

S. 58(1)(f) amended by No. 49/2011 s. 26(a).

(f)

disqualify the operator from applying for accreditation;

S. 58(1)(g) inserted by No. 49/2011 s. 26(b), amended by No. 23/2013 s. 128(a), substituted by No. 30/2021 s. 8(1)(b).

(g)

refuse to give, or revoke, permission under section 36 to use drivers who hold probationary driver licences to drive buses for an accredited bus service;

S. 58(1)(h) inserted by No. 23/2013 s. 128(b).

(h)

refuse to grant an exemption;

S. 58(1)(i) inserted by No. 23/2013 s. 128(b).

(i)

grant an exemption subject to conditions or restrictions;

S. 58(1)(j) inserted by No. 23/2013 s. 128(b).

(j)

extend the relevant period of an application for—

(i)

an exemption;

(ii)

a variation of an exemption;

(iii)

a variation of conditions of or restrictions on an exemption;

S. 58(1)(k) inserted by No. 23/2013 s. 128(b).

(k)

refuse to vary conditions of or restrictions on an exemption;

S. 58(1)(l) inserted by No. 23/2013 s. 128(b).

(l)

vary the conditions of or restrictions on an exemption;

S. 58(1)(m) inserted by No. 23/2013 s. 128(b).

(m)

revoke or suspend an exemption.

(2)

An application for review must be made within 28 days after the later of—

(a)

the day on which the person is notified of the decision; or

(b)

if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.

S. 58(3) repealed by No. 30/2021 s. 8(2).

* * * * *

Pt 6 Div. 2 (Heading and s. 58A) inserted by No. 34/2023 s. 8.

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