Bus Services Act 1995

Version No. 037 Bus Services Act 1995 No. 68 of 1995 Version incorporating amendments as at 5 October 2011

TABLE OF PROVISIONS Section Page

1 Version No. 037 Bus Services Act 1995 No. 68 of 1995

Version incorporating amendments as at 5 October 2011

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

S. 1 1 Purpose substituted by No. 13/2009 The purpose of this Act is to implement a system s. 81. of service contracts for certain types of bus services and to provide for the service standards that are to apply in the provision of those bus services and other bus services. 2 Commencement (1) This Part comes into operation on the day on which this Act receives the Royal Assent. (2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (3) If a provision referred to in subsection (2) does not come into operation within the period of 6 months beginning on, and including, the day on which this Act receives the Royal Assent, it comes into operation on the first day after the end of that period. 3 Definitions (1) In this Act— S. 3(1) def. of * * * * * accredited person repealed by No. 13/2009 s. 82(1)(a).

2 S. 3(1) def. of bus has the same meaning as it has in section 3(1) bus of the Bus Safety Act 2009; amended by Nos 106/1997 s. 28(a), 69/2007 s. 41(2), substituted by No. 13/2009 s. 82(1)(b).

S. 3(1) def. of * * * * * courtesy service inserted by No. 106/1997 s. 28(b), repealed by No. 13/2009 s. 82(1)(a).

S. 3(1) def. of * * * * * disqualifying offence repealed by No. 34/2003 s. 20(a), new def. of disqualifying offence inserted by No. 49/2004 s. 18(a), repealed by No. 13/2009 s. 82(1)(a). s. 3 S. 3(1) def. of * * * * * hire and drive service inserted by No. 106/1997 s. 28(b), amended by No. 2/2008 s. 58, repealed by No. 13/2009 s. 82(1)(a).

* * * * *

3 S. 3(1) def. of motor vehicle inserted by No. 69/2007 s. 41(1), repealed by No. 49/2011 s. 33. S. 3(1) def. of * * * * * private bus service inserted by No. 106/1997 s. 28(b), repealed by No. 13/2009 s. 82(1)(a).

S. 3(1) def. of * * * * * public passenger vehicle repealed by No. 13/2009 s. 82(1)(a).

s. 3 S. 3(1) def. of regular passenger service substituted by No. 13/2009 s. 82(1)(c). regular passenger service means— (a) a route bus service within the meaning of the Bus Safety Act 2009; (b) a demand responsive bus service within the meaning of the Bus Safety Act 2009; (c) a prescribed class of bus service other than a prescribed class of route bus service or demand responsive bus service; (d) a bus service declared under section 4A to be a regular bus service— but does not include— (e) a bus service which is prescribed not to be a class of regular passenger service;

4 (f) a bus service which is declared under section 4A not to be a regular passenger service; S. 3(1) def. of * * * * * road transport passenger service amended by No. 49/2004 s. 18(b), repealed by No. 13/2009 s. 82(1)(a). S. 3(1) def. of Secretary means Secretary to the Department of Secretary amended by Infrastructure; No. 28/1996 s. 13. service contract means a contract entered into under Part 3; S. 3(1) def. of * * * * * temporary accreditation repealed by No. 13/2009 s. 82(1)(a). vehicle has the same meaning as in the Road s. 3 Safety Act 1986; S. 3(1) def. of working day, in relation to the Director, means working day amended by any day on which the principal office of the Nos 28/1996 Director is open to the public for business. s. 13, 47/2006 s. 36(Sch. 2 item 1).

S. 3(2) (2) Expressions used in this Act and in the Transport amended by Nos 6/1999 (Compliance and Miscellaneous) Act 1983 s. 3, 6/2010 (other than "operate") that are not defined in s. 203(1) (Sch. 6 subsection (1) or elsewhere in this Act have the item 39.1) (as same meanings as in the Transport (Compliance amended by No. 45/2010 and Miscellaneous) Act 1983 (including Part VI s. 22). of that Act).

5 S. 3(3) (3) This Act is to be read and construed as one with amended by the Transport (Compliance and Miscellaneous) No. 6/2010 s. 203(1) Act 1983. (Sch. 6 item 39.1) (as amended by No. 45/2010 s. 22).

S. 3(4) (4) The Governor in Council may, by Order published amended by No. 62/2001 in the Government Gazette, declare this Act to be s. 95. relevant legislation for the purposes of the Essential Services Commission Act 2001 and, on the publication of that Order, this Act is relevant legislation for the purposes of that Act. S. 3(5) (5) On and from the commencement of section 83 of inserted by No.s. 313/2009 the Bus Safety Act 2009, a reference to the s. 83(2). Public Transport Competition Act 1995 in any Act (other than in the Bus Safety Act 2009) or in any instrument made under any Act or in any other document of any kind, must be read and construed as a reference to the Bus Services Act 1995, unless the context otherwise requires. S. 3A * * * * * inserted by No. 106/1997 s. 29, amended by No. 6/1999 s. 4, repealed by No. 13/2009 s. 82(2). S. 3B * * * * * inserted by No. 95/2005 s. 6, repealed by No. 13/2009 s. 82(2).

3C Transport Integration Act 2010

6 S. 3C This Act is transport legislation within the inserted by meaning of the Transport Integration Act 2010. No. 6/2010 s. 24(5)(Sch. 1 item 11) (as amended by No. 45/2010 s. 5). 4 Crown to be bound This Act binds the Crown, not only in right of Victoria but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. S. 4A 4A Declaration power of Director inserted by No. 13/2009 s. 84. (1) Subject to subsection (2), the Director may declare by notice published in the Government Gazette that— s. 3C (a) a bus service that is a regular passenger service specified in paragraph (a) or (b) of the definition of regular passenger service in section 3(1) is not a regular passenger service within the meaning of that definition; (b) a bus service that is not specified in paragraph (a) or (b) of the definition of regular passenger service in section 3(1) is a bus service that is a regular passenger service within the meaning of that definition. (2) If the Director intends to make a declaration under subsection (1), the 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.

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

Pt 2 (Heading * * * * * and ss 5–24) amended by Nos 106/1997 ss 30, 31(1), 52/1998 s. 311 (Sch. 1 item 80.1), 6/1999 s. 5, 34/2003 ss 19, 20(b), 49/2004s. 4A s. 19, 95/2005 s. 7, 9/2006 ss 130–146, 47/2006 s. 36(Sch. 2 item 2), 69/2007 s. 42, 13/2009 s. 80, 69/2009 s. 54(Sch. Pt 2 item 41), 6/2010 s. 203(1) (Sch. 6 item 39.1) (as amended by No. 45/2010 s. 22), repealed by No. 13/2009 s. 82(3).

8 PART 3—REGULAR PASSENGER SERVICES

Pt 3 Div. 1 Division 1—Service contract requirement for regular (Heading) inserted by passenger services No. 69/2007 s. 43. S. 25 25 Service must not be operated or offered without (Heading) inserted by service contract No. 95/2005 s. 8(1). (1) A person must not operate a regular passenger S. 25 service within (or partly within) the State amended by No. 95/2005 otherwise than under the authority of a service s. 8(2)(ILA contract. s. 39B(1)). enalty:100 penalty units. S. 25(2) (2) A person must not offer a regular passenger inserted by No. 95/2005 service within (or partly within) the State to the s. 8(2). public, or a section of the public, otherwise than s. 25 under the authority of a service contract. enalty:100 penalty units. S. 25(3) (3) Subsection (1) or (2) does not apply if the person inserted by No. 69/2007 operates a regular passenger service within s. 44. (or partly within) the State— (a) under a subcontract or other arrangement with the holder of a service contract (the primary service contract); and (b) the subcontract or other arrangement is authorised or otherwise permitted under the primary service contract.

9 Pt 3 Div. 2 Division 2—Service contracts (Heading) inserted by No. 69/2007 s. 45. 26 Service contracts (1) A service contract sets out the terms and conditions on which a regular passenger service may be operated. S. 26(2) (2) The Director has authority on behalf of the Crown amended by Nos 45/1999 to enter into a service contract with an accredited s. 35(1), person. 47/2006 s. 35(1)(a).

S. 26(3) (3) The Director may invite accredited persons to amendeds. 26 by Nos 45/1999 tender for a service contract. s. 35(1), 47/2006 s. 35(1)(b).

S. 26(4) (4) In awarding a service contract the Director may amended by Nos 45/1999 apply any principles determined by him or her for s. 35(1), the purpose of awarding service contracts. 47/2006 s. 35(1)(c), substituted by No. 69/2007 s. 46. S. 26(4A) (4A) The Director must give a copy of the principles inserted by No. 69/2007 referred to in subsection (4) to— s. 46. (a) a person whom the Director invites to tender for a service contract; (b) a person who tenders for a service contract; (c) a person who applies to the Director for the granting of a service contract; (d) a person who requests, in writing, a copy of the principles.

10 S. 26(5) (5) Nothing in this section limits any authority amended by conferred on the Director by section 68(2) of the No. 45/1999 s. 35(1), Transport Integration Act 2010. substituted b y No. 6/2010 s. 203(1) (Sch. 6 item 39.2) (as amended by No. 45/2010 s. 22). 27 Nature of service contracts (1) A service contract cannot be entered into or renewed for a term exceeding 10 years. (2) A service contract must make provision for or with respect to— (a) the period for which it operates; (b) the manner in which it may be terminated; (c) standards relating to the provision of services s. 27 under the contract; (d) a scale of minimum service levels (determined according to such things as the periods of time during which services are to be operated, the extent of operation of services and the frequency of operation of services during specified periods); (e) if fares are to be charged, a scale of maximum fares; (f) the manner in which the holder of the service contract will be remunerated or gain revenue from the provision of services under the contract (including arrangements as to any subsidy); (g) any other matters required by this Act or the regulations to be specified in a service contract.

11 (3) A service contract may make provision for or with respect to— (a) reviewing or altering any fares or fare system in circumstances specified in the contract; S. 27(3)(b) (b) monetary or other penalties— substituted by No. 69/2007 s. 47. (i) for a breach of contract; (ii) for a failure (not being a breach of contract) to meet a performance requirement specified in the contract; (iii) payable on the termination of the contract; S. 27(3)(ba) (ba) the recovery of monetary and other penalties inserted by No. 69/2007 referred to in paragraph (b) in accordance s. 47. with the contract or this Act; (c) bonds for the performance of the obligations, or specified obligations, under the contract; (d) the variation of the contract; (e) the transfer, assignment, subcontracting or other dealing with any right, power or duty under the contract; S. 27(3)(f) (f) any other matter for or with respect to which amended by Nos 45/1999 the Director considers that provision should s. 35(2), be made in the public interest. 47/2006 s. 36(Sch. 2 items. 27 3(a)). (4) A service contract may provide for the periodic review, in the manner and at such periods as the contract may specify, of any matter for the time being determined by or under it. (5) Nothing in subsection (3) or (4) shall be taken to impose a duty on the Director to make provision for or with respect to any matter in a service

12 S. 27(5) contract that is enforceable in a court or tribunal amended by by any other person or body. Nos 45/1999 S.s. 27A35(2), 27A Civil penalty provisions in operative service inserted47/2006 by No.s. 36(Sch. 69/2007 2 contracts s.item 48. 3(b)). (1) In this section— operative service contract means a service contract that— (a) is in force on the day on which section 48 of the Transport Legislation Amendment Act 2007 comes into operation; or (b) is entered into on or after the day on s. 27A which section 48 of the Transport Legislation Amendment Act 2007 comes into operation. (2) This section applies if— (a) an operative service contract makes provision for or with respect to a penalty— (i) for a breach of the contract; or (ii) for a failure (not being a breach of contract) to meet a performance requirement specified in the contract; or (iii) that is payable on the termination of the contract; and (b) that provision is expressed under the operative service contract to be a civil penalty provision for the purposes of this Act. (3) A person is liable to pay, as a debt due to the State, the amount as required by a civil penalty provision in an operative service contract despite anything to the contrary in a rule of, or principle at, common law.

13 28 Regions or routes of operation (1) A service contract must specify a region or route of operation. (2) A service contract operating on a specified route may confer on the holder of the contract the exclusive right, subject to this Part, to operate regular passenger services of the relevant kind on the specified route. S. 28(3) * * * * * amended by Noss. 2845/1999 s. 35(3), 47/2006 s. 36(Sch. 2 item 4), repealed by No. 69/2007 s. 49. (4) A service contract operating in a specified region may— (a) confer on the holder of the contract the exclusive right, subject to this Part, to operate regular passenger services of the relevant kind in the specified region; or (b) confer on the holder of the contract the exclusive right, subject to this Part, to operate regular passenger services of the relevant kind in the specified region except with respect to a specified route or routes. (5) A service contract may provide for other matters relevant to the operation of passenger transport services within the specified region or on the specified route.

14 (6) A right conferred on the holder of a service contract— (a) cannot affect or limit the ability of another person to operate, during the term of the contract, a service that is not a regular passenger service; and (b) will be subject to any other qualifications applying generally to service contracts of that kind that may be prescribed by the regulations (or specified in the contract itself) during the term of the contract. S. 29 * * * * * amended by Nos 45/1999 s. 35(4), 47/2006 s. 36(Sch. 2 item 5), repealed by No. 69/2007 s. 50.

Pt 3 Div. 3 Division 3—Variation, suspension, cancellation of service (Heading) inserted by contracts No. 69/2007 s. 51.

30 Variation, suspension or cancellation of service contracts s. 30 S. 30(1) amended by Nos 45/1999 s. 35(5), 47/2006 s. 36(Sch. 2 item 6(a)), 69/2007 s. 52(1). (1) A service contract may, in accordance with the regulations or the service contract, be varied, suspended or cancelled by the Director if the Director is satisfied that— (a) there has been a serious or frequent failure on the part of the holder of the contract to

15 observe the terms and conditions of the contract; or

(b) the holder has been found guilty of an offence against this Act or the regulations committed during the term of the contract. S. 30(2) (2) If the service contract does not provide for any amended by Nos 45/1999 manner by which the Director may vary, suspend s. 35(5), or cancel the service contract, the Director must— 47/2006 s. 36(Sch. 2 item 6(b)), (a) give a person referred to in subsection (1)(a) substituted by written notice of the intended action under No. 69/2007 s. 52(2). that subsection; and (b) allow that person to make written representations about that intended action within 10 working days before taking the intended action against that person. (3) A service contract is automatically cancelled if the holder of the contract ceases to be an accredited person or ceases to be an accredited person of an appropriate kind. S. 30(4) (4) Nothing in this Act prevents the Director from amended by Nos 45/1999 making such arrangements as the Director thinks s. 35(5), fit for the provision, by an accredited person, of 47/2006 s. 36(Sch. 2 temporary services (for a period not exceeding item 6(c)). 12 months) in place of a regular passenger service for the time being discontinued by a variation, suspension or cancellation of a service contract under this section.

Pt 3 Div. 4 Division 4—New regular passenger services (Heading and ss 30A–30Z) inserted by Subdivision 1—Interpretation No. 69/2007 s. 53. 30A Definitions

16 S. 30A In this Division— inserted by No. 69/2007 affected exclusive region means an exclusive s. 53. region within which there will be a part of a route of operation for a new regular passenger service (whether or not that route of operation will overlap with or cross a route of operation along which a regular passenger service is provided);

s. 30A affected exclusive route of operation means an exclusive route of operation— (a) that will overlap with a part of a route of operation for a new regular passenger service; or (b) over which a part of a route of operation for a new regular passenger service will cross; affected service contract holder means a person who holds a service contract under which the person provides a regular passenger service — (a) along an affected exclusive route of operation; or (b) within an affected exclusive region; exclusive region means a region of operation s. 30A specified in a service contract within which the holder of the service contract provides a regular passenger service on an exclusive basis; exclusive right of operation means a right, conferred under a service contract, to provide a regular passenger service— (a) along an exclusive route of operation; or (b) within an exclusive region,

17 except to the extent that that right is modified by the service contract, or extinguished by the service contract or by force of operation of a provision of this Act; exclusive route of operation means a route of operation specified in a service contract along which the holder of the service contract provides a regular passenger service on an exclusive basis; materially affected, in relation to an affected exclusive route of operation or affected exclusive region, has the meaning given by section 30B(2); materially affected service contract holder has the meaning given by section 30B; stage 2 procurement process means the process provided for under section 30J. S. 30B 30B When is an affected service contract holder a inserted by No. 69/2007 materially affected service contract holder? s. 53. (1) An affected service contract holder is a materially affected service contract holder if— (a) the affected service contract holder provides a regular passenger service— (i) along an affected exclusive route of operation that will be materially affected; or (ii) within an affected exclusive region that s. 30B will be materially affected; or (b) a determination under section 30C applies to that affected service contract holder. (2) For the purposes of this section, an affected exclusive route of operation, or an affected exclusive region, will be materially affected if—

18 where—

Xro is the relevant overlap (expressed as a percentage); and N is the number of affected service contract holders. (3) In subsection (2), relevant overlap means—

where— A is— (a) in the case of an affected exclusive route of operation—that part, or the sum of the parts, of the affected exclusive route of operation, as measured in vehicle service kilometres, that will, when the new regular passenger service is provided, overlap with, or cross, any part of the route of operation for the new regular passenger service (as measured in vskms); (b) in the case of an affected exclusive region—that part, or the sum of the parts, of the route of operation along which the new regular passenger service will be provided that will be within that affected exclusive region of operation, as measured in vskms, (whether or not that route of operation will overlap with or cross another route s. 30B of operation); B means the total length of the route of operation along which the new regular passenger service will be provided (as measured in vskms).

19 (4) In this section— vehicle service kilometres or vskms means the length (measured in kilometres) of a route, or a part or a route, of operation for the provision of a regular passenger service multiplied by the number of times the regular passenger service is provided on that route in a day. S. 30C 30C Certain affected service contract holders may be inserted by No. 69/2007 materially affected service contract holders s. 53. On application by an affected service contract holder, the Director may determine that that affected service contract holder is a materially affected service contract holder for the purposes of this Division if— (a) the affected service contract holder provides a regular passenger service along an affected exclusive route of operation or within an s. 30C affected exclusive region and that holder would be a materially affected service contract holder under section 30B(1)(a) if, in section 30B(2) for—

"Xro > ", there were substituted—

"Xro > "; and (b) the provision of a new regular passenger service will, in the Director's opinion, have a significant adverse impact on the business of that affected service contract holder.

Subdivision 2—Stage 1 procurement process (affected service contract holders)

20 S. 30D 30D Proposed new regular passenger services that will inserted by affect only one service contract holder No. 69/2007 s. 53. (1) This section applies if— (a) the Director considers that a new regular passenger service should be provided; and (b) there will be only one affected service contract holder when that regular passenger service is provided. (2) The Director must give the affected service contract holder the opportunity to negotiate s. 30D exclusively with the Director for the right to provide the new regular passenger service. (3) If, after 28 days from commencing negotiations with the affected service contract holder, the Director has not received from the affected service contract holder a written offer for the provision of the new regular passenger service by that contract holder setting out terms and conditions that the Director considers are reasonable in light of— (a) the nature and extent of that new regular passenger service; and (b) the provisions of this Act and the regulations; and (c) the circumstances of the case— the exclusive right of operation of the affected service contract holder is, to the extent necessary to enable another person to provide the new regular passenger service, extinguished by force of this subsection when, as the case requires, a service contract or a variation of service contract for the provision of the new regular passenger service takes effect. S. 30E 30E Proposed new regular passenger service that will inserted by No. 69/2007 affect more than one existing service contract holder s. 53. —Stage 1

21 (1) This section applies if— (a) the Director considers that a new regular passenger service should be provided; and (b) there will be more than one affected service contract holder when that regular passenger service is provided. (2) The Director must give each of the affected service contract holders an opportunity to s. 30E negotiate with the Director for the right to provide the new regular passenger service. S. 30F 30F Outcome of stage 1 of procurement process if an inserted by No. 69/2007 affected service contract holder is successful s. 53. (1) This section applies if, following negotiations with each of the affected service contract holders in accordance with section 30E, the Director and one or more of those affected service contract holders agree that the service contract holder or contract holders (as the case requires) (a successful party) may provide the new regular passenger service. (2) The exclusive right of operation of every other affected service contract holder to provide a regular passenger service is, to the extent necessary to enable a successful party to provide the new regular passenger service, extinguished by force of this subsection when, as the case requires, the service contract or variation of service contract for the provision of the new regular passenger service takes effect.

S. 30G 30G End of stage 1 process—No agreement (and there is inserted by No. 69/2007 no materially affected service contract holder) s. 53. (1) This section applies if—

22 (a) after 28 days from commencing negotiations with each of the affected service contract holders in accordance with section 30E, the Director is unable to agree on the terms and conditions for the provision of the new regular passenger service with any of the affected service contract holders; and s. 30G (b) none of the affected service contract holders is a materially affected service contract holder; and (c) the Director is of the view that it is in the public interest that the new regular passenger service should be provided. (2) The exclusive rights of operation of all of the affected service contract holders are, to the extent necessary to enable another person to provide the new regular passenger service, extinguished by force of this subsection when, as the case requires, a service contract or a variation of service contract for the provision of the new regular passenger service takes effect. S. 30H 30H End of stage 1 process—No agreement (and there is inserted by No. 69/2007 a materially affected service contract holder) s. 53. (1) This section applies if— (a) after 28 days from commencing negotiations with each of the affected service contract holders in accordance with section 30E, the Director is unable to agree on the terms and conditions for the provision of the new regular passenger service with any of the affected service contract holders; and (b) at least one of the affected service contract holders is a materially affected service contract holder. (2) The Director must take action under—

23 (a) section 30I if there is only one materially affected service contract holder; (b) section 30J if there is more than one materially affected service contract holder.

Subdivision 3—Stage 2 procurement process (materially affected service contract holders)

S. 30I 30I Stage 2 procurement process—Only one materially inserted by affected service contract holder No. 69/2007 s. 53. (1) The Director must give the materially affected service contract holder the opportunity to negotiate exclusively with the Director for the right to provide the new regular passenger service. (2) If, following negotiations with the materially affected service contract holder, the Director and that contract holder agree that the contract holder may provide the new regular passenger service, s. 30I the exclusive right of operation of every other affected service contract holder to provide a regular passenger service is, to the extent necessary to enable the materially affected service contract holder to provide the new regular passenger service, extinguished by force of this subsection when, as the case requires, the service contract or variation of service contract for the provision of the new regular passenger service takes effect.

(3) If, however, after 28 days from commencing negotiations with the materially affected service contract holder, the Director has not received from the materially affected service contract holder a written offer for the provision of the new regular passenger service by that contract holder on terms

24 and conditions that the Director considers are reasonable in light of— (a) the nature and extent of that new regular passenger service; and (b) the provisions of this Act and the regulations; and (c) the circumstances of the case— the exclusive right of operation of the affected service contract holder is, to the extent necessary to enable another person to provide the new regular passenger service, extinguished by force of this subsection when, as the case requires, a service contract or a variation of service contract for the provision of the new regular passenger service takes effect. S. 30J 30J Stage 2 procurement process—More than one inserted by No. 69/2007 materially affected service contract holder s. 53. The Director must invite all materially affected service contract holders to participate in a process (to be determined by the Director) for the procurement of the new regular passenger service. S. 30K 30K Outcome of stage 2 procurement process—More inserted by No. 69/2007 than one materially affected service contract holder s. 53. (1) Subsection (2) applies if, following the stage 2 procurement process, the Director and one or s. 30J more of the materially affected service contract holders agree that the service contract holder or contract holders (as the case requires) (a successful party) may provide the new regular passenger service. (2) The exclusive right of operation of every other affected service contract holder to provide a regular passenger service is, to the extent necessary to enable a successful party to provide the new regular passenger service, extinguished

25 by force of this subsection when, as the case requires, the service contract or variation of service contract for the provision of the new regular passenger service takes effect. (3) If, however, following the stage 2 procurement process, the Director— (a) is unable to agree on the terms and conditions for the provision of the new regular passenger service with any of the materially affected service contract holders; and (b) is of the view that it is in the public interest that the new regular passenger service should be provided— the exclusive right of operation of every other affected service contract holder is, to the extent necessary to enable another person to provide the new regular passenger service, extinguished by force of this subsection when, as the case requires, a service contract or a variation of service contract for the provision of the new regular passenger service takes effect.

Division 5—Transfer of property used in provision of regular passenger services

S. 30L 30L Definitions inserted by No. 69/2007 In this Division— s. 53. associated operator means a person specified in a primary contract— (a) as an associated operator; and (b) as a person to whom this Division applies; former property means relevant property that, s. 30L under this Division, has vested in the State or

26 another person in accordance with an allocation statement; former transferor instrument means an instrument or an oral agreement subsisting immediately before the relevant date— (a) to which the transferor was a party; or (b) that was given to, or in favour of, the transferor; or (c) that refers to the transferor; or (d) under which— (i) money is, or may become, payable to or by the transferor; or s. 30L (ii) other property is to be, or may become liable to be, transferred to or by the transferor; primary contract means a service contract referred to in section 30M(1) (as amended from time to time); property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description; related contract means a contract entered into by the holder of a primary contract, or an associated operator, and the Director or a nominee of the Director in accordance with the primary contract, and if such a contract is amended, that contract as amended;

related deed means a deed— (a) known as an option deed under a primary contract; and

27 (b) entered into by the holder of that primary contract, or an associated operator, and the Director or a nominee of the Director in accordance with the primary contract— and if the deed is amended, that deed as amended; relevant property means property of a holder of a service contract, or an associated operator, which, under a primary contract, the parties to that contract agree is relevant property for the purposes of this Division; relevant date, in relation to an allocation statement under section 30N or relevant property allocated under such a statement, means the date, or the date and time, fixed by the Minister under section 30N(5) for the purposes of that statement; rights means all rights, powers, privileges and immunities, whether actual, contingent or s. 30L prospective; transferee means a person to whom relevant property is allocated under an allocation statement under section 30N; transferor means the holder of a service contract, or an associated operator, from which relevant property is transferred under an allocation statement under section 30N.

S. 30M 30M Property of certain holders of service contracts and inserted by No. 69/2007 associated operators s. 53. (1) This section applies if—

28 (a) a provision of a service contract provides for the transfer of relevant property of the holder of that contract, or an associated operator, to the State or any other person (whether in accordance with that service contract or a related contract or a related deed) in circumstances specified in that contract; and (b) that provision is expressed to be a transfer provision for the purposes of this Division. (2) The Director may give to the Minister, at a time, or within a period, determined under the primary contract, a statement or statements to be approved by the Minister relating to any or all of the relevant property. S. 30N 30N Allocation statement inserted by No. 69/2007 s. 53. (1) A statement under section 30M— (a) must allocate relevant property to or between the State and such persons as the Director nominates in writing; and (b) must be signed by the Director. (2) If a statement under this section is approved by the Minister—

s. 30M (a) the Minister must sign the statement; and (b) the statement is an allocation statement for the purposes of this Division. (3) The Minister may at any time direct the Director to amend a statement given under this section as specified in the direction. (4) An allocation statement under this section may be amended in writing signed by the Minister. (5) The Minister, by notice published in the Government Gazette, may fix the relevant date for the purposes of an allocation statement under this section.

29 (6) In this section, statement and allocation statement include a statement or allocation statement amended in accordance with this section. S. 30O 30O Relevant property transferred in accordance with inserted by No. 69/2007 statement s. 53. On the relevant date, the relevant property that is allocated under an allocation statement under section 30N vests in the State or another person in accordance with the statement. S. 30P 30P Allocation of relevant property subject to inserted by No. 69/2007 encumbrances s. 53. Unless an allocation statement under section 30N otherwise provides if, under this Division, relevant property vests in a transferee under section 30O, the relevant property so vested is subject to the encumbrances (if any) to which it was subject immediately before so vesting. S. 30Q 30Q Certificate of Director inserted by No. 69/2007 s. 53. (1) A certificate signed by the Director certifying that s. 30O property of the transferor specified in the certificate has been allocated under an allocation statement in accordance with section 30N is, unless revoked under subsection (2), conclusive evidence that the property— (a) has been so allocated; and (b) vested in the transferee on the relevant date. (2) If the Minister so directs the Director in writing, the Director must revoke a certificate given under subsection (1) by issuing another certificate in place of the first certificate. (3) The Director— (a) must keep a register of certificates issued under this section; and

30 (b) must make the register reasonably available for inspection by a transferee or other interested person. S. 30R 30R Consideration for transferred property inserted by No. 69/2007 s. 53. The consideration payable to the transferor by the State or a transferee on behalf of the State in respect of relevant property that is allocated under an allocation statement is the amount determined in accordance with— (a) the primary contract; and (b) a related contract. S. 30S 30S Former transferor instruments and agreements inserted by No. 69/2007 s. 53. (1) Each former transferor instrument relating to former property continues to have effect according to its tenor on and after the relevant date in relation to that property as if a reference in the instrument to the transferor were a reference to the transferee. (2) Where, under an allocation statement, a transferor's interest in an agreement vests in a s. 30R transferee under section 30O— (a) the transferee becomes, on the relevant date, a party to the agreement in place of the transferor; and (b) on and after the relevant date, the agreement has effect as if the transferee had always been a party to the agreement.

S. 30T 30T Interests in land inserted by No. 69/2007 s. 53. Without prejudice to the generality of this Division if, immediately before the relevant date, a transferor is, in relation to former property, the

31 registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after that date— (a) the transferee is to be taken to be the registered proprietor of that interest in land; and (b) the transferee has the same rights and remedies in respect of that interest as the transferor had. S. 30U 30U Amendment of Register inserted by No. 69/2007 s. 53. The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument and certificate of the Director referred to in section 30Q, must make any amendments in the Register that are necessary because of the operation of this Division. S. 30V 30V Proceedings inserted by No. 69/2007 s. 53. Unless an allocation statement otherwise provides, s. 30T if, immediately before the relevant date, proceedings relating to former property (including arbitration proceedings) to which a transferor was a party were pending or existing in any court or tribunal, then, on and after that date, the transferee is substituted for the transferor as a party to the proceedings and has the same rights in the proceedings as the transferor had. S. 30W 30W Taxes inserted by No. 69/2007 s. 53. Duty and any other tax chargeable under an Act is payable in respect of the vesting of relevant property under this Division as if the vesting were effected by an instrument. S. 30X 30X Evidence inserted by No. 69/2007 s. 53. Documentary or other evidence that would have been admissible for or against the interests of a transferor in relation to former property if this

32 Division had not been enacted is admissible for or against the interests of the transferee. S. 30Y 30Y Validity of things done under this Division inserted by No. 69/2007 s. 53. (1) Nothing effected or to be effected by this Division or done or suffered under this Division— s. 30X (a) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any person guilty of a civil wrong; or (b) is to be regarded as placing any person in breach of, or as constituting a default under, any Act or other law or obligation or any provision in any agreement, arrangement or understanding including, but not limited to, any provision or obligation prohibiting, restricting or regulating the assignment, transfer, sale or disposal of any property or the disclosure of any information; or (c) is to be regarded as fulfilling any condition that allows a person to exercise a power, right or remedy in respect of or to terminate any agreement or obligation; or (d) is to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a change in the beneficial or legal ownership of any relevant property; or (e) is to be regarded as causing any contract or instrument to be void or otherwise unenforceable; or (f) is to be regarded as frustrating any contract; or (g) releases any surety or other obligor wholly or in part from any obligation.

33 (2) In this section Act does not include the Charter of Human Rights and Responsibilities. S. 30Z 30Z Corporations Act displacement inserted by No. 69/2007 s. 53. The provisions of this Division are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act in relation to the provisions of Chapter 5 of that Act. Note Section 5G of the Corporations Act provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency. ______

s. 30Z

34 PART 4—MISCELLANEOUS

S. 31 * * * * * amended by No. 52/1998 s. 311(Sch. 1 item 80.2), repealed by No. 34/2003 s. 20(b).

S. 32 * * * * * amended by Nos 28/1996 s. 16(3), 106/1997 s. 31(2)(3), 52/1998 s. 311(Sch. 1 item 80.3) (as amended by No. 101/1998 s. 22(1)(l)), repealed by No. 34/2003 s. 20(b).

S. 33 * * * * * amended by No. 106/1997 s. 31(4), repealed by No. 34/2003 s. 20(b).

34 Fees s. 34 S. 34(1) amended by Nos 9/2006 s. 147(1), 47/2006 s. 36(Sch. 2 item 7(a)). (1) For the purposes of this Act, the Director or Safety Director may demand, levy and recover fees in accordance with this section.

(2) If the Director or Safety Director supplies any service under this Act, there may be charged a fee determined by the Director or the Safety Director

35 S. 34(2) (as the case requires) with the approval of the amended by Minister (not exceeding the prescribed amount, if Nos 9/2006 s. 147(2), any). 47/2006 S. 34(3) s. 36(Sch. 2 (3) The Director or Safety Director must cause a copy amended by item 7(b)). Nos 9/2006 of a determination under subsection (2) to be s. 147(1), published in the Government Gazette. 47/2006 s. 36(Sch. 2 item 7(c)).

(4) The section does not affect the operation of a provision of this Act or the regulations relating to fees to which this section applies. S. 34(5) (5) A fee levied under this section must be paid to the amended by Nos 9/2006 Director or Safety Director (as the case requires) s. 147(3), by the person at whose request the service is 47/2006 s. 36(Sch. 2 supplied. item 7(d)).

S. 34(6) (6) A fee due to the Director or Safety Director amended by Nos 9/2006 (as the case requires) under this section may be s. 147(3), recovered as a debt in a court of competent 47/2006 s. 36(Sch. 2 jurisdiction. item 7(e)).

(7) If the fee is not paid within 30 days after the date that it was required to be paid, the amount payable includes an additional amount by way of interest on the fee due at the rate for the time being fixed under section 2 of the Penalty Interest Rates Act 1983. S. 35 35 Delegation amended by Nos 28/1996 s. 14, 45/1999 s. 35(6) (ILA s. 39B(1)).

S. 35(1) repealed by No. 47/2006 s. 36(Sch. 2 item 8). s. 35

36 * * * * *

S. 35(2) (2) The Director may, by instrument, delegate to— inserted by No. 45/1999 s. 35(6). (a) an officer or other person by name; or (b) the holder of an office or position; or (c) a body— any power of the Director under this Act other than this power of delegation. S. 35(3) (3) The Safety Director may, by instrument, delegate inserted by No. 9/2006 to— s. 148. (a) an officer or other person by name; or (b) the holder of an office or position; or (c) a body— any power of the Safety Director under this Act other than this power of delegation. 36 No compensation payable s. 36 S. 36(1) amended by No. 9/2006 s. 149(1), repealed by No. 47/2006 s. 35(2). * * * * *

S. 36(1A) (1A) No compensation is payable to any person in inserted by No. 45/1999 respect of or as a consequence of any decision of s. 36. the Director under this Act— (a) to enter into or not to enter into a service contract with any person; (b) not to renew a service contract; (ba) to prohibit a person from driving a vehicle;

37 S. 36(1A)(ba) inserted by No. 47/2006 s. 35(3). (c) to vary, suspend or cancel a service contract. S. 36(1B) * * * * * inserted by No. 9/2006 s. 149(2), repealed by No. 13/2009 s. 82(4) (as amended by No. 19/2010 s. 62).

s. 37 S. 36(2) repealed by No. 13/2009 s. 82(4) (as amended by No. 19/2010 s. 62). * * * * *

S. 37 37 Supreme Court—limitation of jurisdiction amended by No. 45/1999 s. 37 (ILA (1) It is the intention of this section to alter or vary s. 39B(1)). section 85 of the Constitution Act 1975 to the extent necessary to prevent the Supreme Court awarding compensation in respect of or as a consequence of any decision referred to in section 36(1) or any matter referred to in section 36(2) or entertaining proceedings referred to in section 36(2). S. 37(2) (2) It is the intention of section 36(1A) to alter or vary inserted by No. 45/1999 section 85 of the Constitution Act 1975. s. 37.

38 Regulations (1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or

38 necessary to be prescribed to give effect to this Act. S. 38(1A) (1A) Without limiting the generality of subsection (1), inserted by No. 13/2009 regulations may be made under this Act for or s. 82(5) (as with respect to— amendeds. 37 by No. 19/2010 s. 66). (a) service standards or other requirements, restrictions or conditions which are to apply in the provision of bus services; (b) prescribing a class of bus service to be a regular passenger service; (c) prescribing a class of bus service not to be a regular passenger service; (d) regulating the standards relating to the maintenance of buses, including in relation to safety equipment or devices to be installed on buses; (e) regulating or requiring the examination, testing, maintenance or repair of buses, or equipment in, or on, a bus; (f) imposing duties on drivers. S. 38(1B) (1B) For the purposes of this section, service standards inserted by No. 13/2009 or other requirements, restrictions or conditions s. 82(5) (as includes any matter relating to— amended by No. 19/2010 s. 66). (a) the condition of a bus and the equipment to be installed in, or objects to be attached to, a bus; (b) the conduct, powers and obligations of the driver of a bus; (c) ticketing, fares and timetables; (d) the operation of a bus for a particular purpose. s. 38

39 (2) A power conferred by this Act to make regulations may be exercised— (a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified case or class of case; and (b) so as to make, as respects the cases in relation to which the power is exercised— (i) the same provision for all cases in relation to which the power is exercised, or different provisions for different cases or classes of case, or different provisions for the same case or class of case for different purposes; or (ii) any such provision either unconditionally or subject to any specified condition. (3) Regulations made under this Act may be made— (a) so as to apply— (i) at all times or at a specified time; or (ii) throughout the whole of the State or in a specified part of the State; or (iii) as specified in both subparagraphs (i) and (ii); and (b) so as to require a matter affected by the regulations to be— (i) in accordance with a specified standard or specified requirement; or

40 (ii) approved by or to the satisfaction of a specified person or a specified class of person; or (iii) as specified in both subparagraphs (i) and (ii); and (c) so as to apply, adopt or incorporate any matter contained in any document whatsoever whether— (i) wholly or partially or as amended by the regulations; or (ii) as in force at a particular time or as in s. 38 force from time to time; and (d) so as to confer a discretionary authority or impose a duty on a specified person or a specified class of person; and (e) so as to provide in a specified case or class of case for the exemption of people or things or a class of people or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified; and (f) so as to impose a penalty not exceeding 20 penalty units for a contravention of the regulations. S. 38A 38A Extension of operation of Regulations inserted by No. 19/2010 s. 71. (1) Unless sooner revoked, the Public Transport Competition Regulations 1999 are revoked on 31 December 2010.

41 s. 38A (2) Section 5 of the Subordinate Legislation Act 1994 does not apply to the Public Transport Competition Regulations 1999. (3) This section applies despite anything to the contrary in the Subordinate Legislation (Public Transport Competition Regulations 1999 - Extension of Operation) Regulations 2009. S. 39 * * * * * amended by Nos 106/1997 s. 32(a)(b), 6/1999 s. 6, repealed by No. 13/2009 s. 82(6).

New s. 40 * * * * * inserted by No. 106/1997 s. 33, amended by No. 6/1999 s. 7, repealed by No. 13/2009 s. 82(6).

Pt 5 (Heading * * * * * and ss 40–48) repealed by No. 28/1996 s. 15.

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42 ENDNOTES

. General Information Minister's second reading speech— Legislative Assembly: 11 May 1995 Legislative Council: 3 October 1995 The long title for the Bill for this Act was "A Bill to improve the operation of road-based public transport by providing for the accreditation of operators and implementing a system of service contracts for certain types of transport service, to amend the Transport Act 1983 and for other purposes.". Endnotes Constitution Act 1975: Section 85(5) statement: Legislative Assembly: 11 May 1995 Legislative Council: 3 October 1995 Absolute majorities: Legislative Assembly: 5 September 1995 Legislative Council: 10 October 1995 The Public Transport Competition Act 1995 was assented to on 17 October 1995 and came into operation as follows: Part 1 (sections 1–4) on 17 October 1995: section 2(1); sections 40–42, 45–48 on 23 November 1995: Government Gazette 23 November 1995 page 3234; rest of Act on 17 April 1996: section 2(3). The title of this Act was changed from the Public Transport Competition Act 1995 to the Bus Services Act 1995 by section 83(1) of the Bus Safety Act 2009, No. 13/2009.

43 . Table of Amendments This Version incorporates amendments made to the Bus Services Act 1995 by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Transport (Rail Safety) Act 1996, No. 28/1996 Assent Date: 22.10.96 Commencement Date: Ss 13–15, 16(3) on 1.1.98: s. 2(4) Current State: This information relates only to the provision/s amending the Bus Services Act 1995 Transport Acts (Amendment) Act 1997, No. 106/1997 Assent Date: 16.12.97 Endnotes Commencement Date: Ss 30, 31(1)–(3), 32 on 17.3.98: Government Gazette 12.3.98 p. 520; ss 28, 29, 31(4), 33 on 1.7.98: s. 2(3) Current State: This information relates only to the provision/s amending the Bus Services Act 1995 Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998 (as amended by No. 101/1998) Assent Date: 2.6.98 Commencement Date: S. 311(Sch. 1 items 80.1, 80.2) on 1.7.98: Government Gazette 18.6.98 p. 1512 Current State: This information relates only to the provision/s amending the Bus Services Act 1995 Transport Acts (Further Amendment) Act 1999, No. 6/1999 Assent Date: 28.4.99 Commencement Date: Ss 3–7 on 28.4.99: s. 2(1) Current State: This information relates only to the provision/s amending the Bus Services Act 1995 Rail Corporations and Transport Acts (Amendment) Act 1999, No. 45/1999 Assent Date: 8.6.99 Commencement Date: Pt 4 (ss 35–37) on 8.6.99: s. 2(1) Current State: This information relates only to the provision/s amending the Bus Services Act 1995 Essential Services Commission Act 2001, No. 62/2001 Assent Date: 23.10.01 Commencement Date: S. 95 on 1.1.02: s. 2 Current State: This information relates only to the provision/s amending the Bus Services Act 1995 Transport (Miscellaneous Amendments) Act 2003, No. 34/2003 Assent Date: 27.5.03 Commencement Date: Ss 19, 20 on 28.5.03: s. 2(1) Current State: This information relates only to the provision/s amending the Bus Services Act 1995

44 Transport Legislation (Miscellaneous Amendments) Act 2004, No. 49/2004 Assent Date: 16.6.04 Commencement Date: Ss 18, 19 on 17.6.04: s. 2(1) Current State: This information relates only to the provision/s amending the Bus Services Act 1995 Transport Legislation (Further Miscellaneous Amendments) Act 2005, No. 95/2005 Assent Date: 29.11.05 Commencement Date: Ss 6–8 on 10.2.06: Government Gazette 9.2.06 p. 208 Current State: This information relates only to the provision/s amending the Bus Services Act 1995 Rail Safety Act 2006, No. 9/2006 Assent Date: 4.4.06 Commencement Date: S. 147 on 25.7.06; ss 130–146, 148, 149 on 1.8.06: Special Gazette (No. 181) 25.7.06 p. 1 Current State: This information relates only to the provision/s amending the Bus Services Act 1995 Transport Legislation (Further Amendment) Act 2006, No. 47/2006 Assent Date: 25.7.06 Commencement Date: S. 36(Sch. 2 items 1–8) on 26.7.06: s. 2(1); s. 35(1)(3) on 8.8.06: Special Gazette (No. 199) 8.8.06 p. 1; s. 35(2) on 1.7.07: s. 2(6) Current State: This information relates only to the provision/s amending the Bus Services Act 1995 Transport Legislation Amendment Act 2007, No. 69/2007 Assent Date: 11.12.07 Commencement Date: S. 42 on 1.7.07: s. 2(5); ss 41, 4353 on 12.12.07: s. 2(1) Current State: This information relates only to the provision/s amending the Bus Services Act 1995 Fair Trading and Consumer Acts Further Amendment Act 2008, No. 2/2008 Assent Date: 11.2.08 Commencement Date: S. 58 on 1.12.08: s. 2(4) Current State: This information relates only to the provision/s amending the Bus Services Act 1995 Bus Safety Act 2009, No. 13/2009 (as amended by No. 19/2010) Assent Date: 7.4.09 Commencement Date: S. 80 on 8.4.09: s. 2(1); ss 81–84 on 31.12.10: s. 2(3) Current State: This information relates only to the provision/s amending the Bus Services Act 1995 Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009

45 Assent Date: 24.11.09 Commencement Date: S. 54(Sch. Pt 2 item 41) on 1.1.10: s. 2(2) Current State: This information relates only to the provision/s Endnotes amending the Bus Services Act 1995

Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010) Assent Date: 2.3.10 Commencement Date: Ss 24(5)(Sch. 1 item 11), 203(1)(Sch. 6 item 39) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1 Current State: This information relates only to the provision/s amending the Bus Services Act 1995 Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010, No. 19/2010 Assent Date: 18.5.10 Commencement Date: S. 71 on 22.5.10: Government Gazette 20.5.10 p. 988 Current State: This information relates only to the provision/s amending the Bus Services Act 1995 Transport Legislation Amendment (Public Transport Safety) Act 2011, No. 49/2011 Assent Date: 22.9.11 Commencement Date: S. 33 on 5.10.11: Special Gazette (No. 313) 4.10.11 p. 1 (see Erratum: Special Gazette (No. 315) 4.10.11 p. 1) Current State: This information relates only to the provision/s amending the Bus Services Act 1995 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Endnotes

46 . Explanatory Details No entries at date of publication.

Endnotes