vehicle includes any helicopter, aeroplane or other aircraft by which persons may be transported by air to or from medical services. 4 Non-application of Act s. 4 (1) This Act does not apply to— (a) any branch of the Australian Defence forces; and (b) any service in another State or a Territory of the Commonwealth, that operates an emergency service that corresponds in nature with the emergency service operated by an ambulance service in Victoria; and (c) any person in an emergency area who, in operating a non-emergency patient transport service, is acting under the authorisation or direction of— (i) the person who has declared the area to be an emergency area; or S. 4(1)(c)(ii) amended by No. 56/2011 s. 29(2). (ii) the Minister under the Emergency Management Act 1986; and (d) any other person or class of person whom the Governor in Council declares to be a person or class of person to whom this Act does not apply. s. 4 (2) For the purposes of subsection (1)(d), the Governor in Council may, by Order, declare a person or class of person to be a person or class of person to whom this Act does not apply. __________________
(b) whether or not the person is of sound financial reputation and stable financial background; (c) whether or not the person is of good repute, having regard to character, honesty and integrity; (d) whether or not the person, is a person in relation to whom, not more than 10 years have expired since that person was found guilty of— (i) an indictable offence against the person; or (ii) an offence involving dishonesty, fraud or trafficking in drugs of dependence— where the maximum penalty for the offence is more than 3 months imprisonment. (2) Subsection (1) is not to be taken to limit the circumstances in which a person may be considered not to be a fit and proper person for the purposes of this Act. 40 Endorsement of licence s. 40 If the Secretary— (a) varies a non-emergency patient transport service licence; or (b) varies a condition on a non-emergency patient transport service licence— whether or not the variation is made under section 24 or at the time of renewal— (c) the holder of the licence must produce the licence to the Secretary for endorsement of the variation; and (d) the Secretary must cause the licence to be endorsed with particulars of the variation.
(b) if sent to the person by post. 53 Offences by bodies corporate (1) If a body corporate contravenes a provision of this Act or the regulations, each director or officer of the body corporate is deemed to have contravened the provision, if the director or officer knowingly authorised or permitted the contravention. (2) A person may be proceeded against and found guilty under a provision in accordance with subsection (1) whether or not the body corporate has been proceeded against under that provision. (3) Nothing in this section affects any liability imposed on a body corporate for an offence committed by a body corporate against this Act or the regulations. 54 Imputing states of mind to bodies corporate s. 54 If, in any proceedings for an offence against this Act or the regulations, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show that— (a) the conduct was engaged in by an officer or agent of the body corporate within the scope of his or her actual or apparent authority; and (b) the officer or agent had that state of mind. 55 Liability of body corporate or employer for acts of others If an officer or agent of a body corporate engages in conduct on behalf of the body corporate within the scope of his or her actual or apparent authority, the body corporate must be taken for the purposes of a prosecution for an offence against this Act or the regulations, also to have engaged in
the conduct, unless the body corporate establishes that the body corporate took reasonable precautions and exercised due diligence to avoid the conduct. __________________ 56 Power to serve a notice s. 56 (1) An authorised officer may serve an infringement notice on any person that he or she has reason to believe has committed a prescribed offence against this Act or the regulations. S. 56(2) def. of authorised officer amended by No. 37/2014 s. 10(Sch. item 116.3). (2) In this Part authorised officer includes a police officer. S. 56(3) substituted by No. 32/2006 s. 94(Sch. item 35(1)). (3) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 and the penalty for that offence is the prescribed infringement penalty in respect of that offence. S. 57 substituted by No. 32/2006 s. 94(Sch. item 35(2)). 57 Form of notice For the purposes of section 56, an infringement notice must be in the form required by the Infringements Act 2006 and may contain any additional information approved by the Secretary. Ss 58–63 repealed by No. 32/2006 s. 94(Sch. item 35(3)). * * * * * __________________