[6.4] Section 2 (1), definition of motor omnibus service —

    Omit the definition, substitute the following definition:

[6.5] Section 2 (1), definitions of section sign , stopping place , ticket and zone sign —

    Omit the definitions.

[6.6] Section 2 (2)—

    Omit the subsection, substitute the following section:

“ 3     Purchase of tickets for someone else

    For this Act, a ticket purchased by a person for someone else is taken to have been purchased by the other person.

Note      A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations and a determination made by the Minister under s 23 (see Legislation Act 2001 , s 104).”.

[6.7] Section 3—

    Omit the section, substitute the following section:

“ 4     Establishment etc of motor omnibus services

    The Minister may establish, maintain and conduct such motor omnibus services within the ACT as the Minister considers appropriate.”.

[6.8] Sections 4 and 4A—

    Omit the sections.

[6.9] Section 4BA (2) —

    Omit “he or she shall, by notice published in the Gazette ”, substitute “the Minister must, in writing”.

[6.10] New section 4BA (5) —

    Insert after section 4BA (4) the following subsection:

“ (5)     A notification or determination under subsection (2) is a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act 2001 .”.

[6.11] Section 4D—

    Omit the section.

[6.12] Section 6 (3) —

    Omit “or the regulations”.

[6.13]  Section 6 (3), new note—

    Insert the following note:

“ Note      A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act 2001 , s 104).”.

[6.14] Sections 8 (1), 9 (1) and 11—

    Omit “or the regulations”.

[6.15] Section 12 (2)—

    Omit “shall be in a form approved by the Chief Executive and”.

[6.16] Section 12 (2), new note—

    Insert the following note:

“ Note     If a form is approved under s 24 (Approved forms) for a notice, the form must be used.”.

[6.17] Section 22—

    Omit “or the regulations”.

[6.18] Sections 23 and 24—

    Omit the sections, substitute the following sections:

“ 23     Determination of fees and charges

“ (1)     The Minister may, in writing, determine fees and charges for this Act.

Note     The Legislation Act 2001 contains provisions about the making of determinations and regulations relating to fees (which includes charges and other amounts) (see pt 6.3).

“ (2)     A determination is a disallowable instrument.

Note     A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001 .”.

24     Approved forms

“ (1)     The Minister may, in writing, approve forms for this Act.

“ (2)     If the Minister approves a form for a particular purpose, the approved form must be used for that purpose.

“ (3)     An approved form is a notifiable instrument.

Note      A notifiable instrument must be notified under the Legislation Act 2001 .

25     Regulation-making power

“ (1)     The Executive may make regulations for this Act.

Note      Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001 .

“ (2)     The regulations may make provision in relation to—

        (a)     the conduct of drivers employed on a motor omnibus service; and

        (b)     the conditions under which passengers are carried on a motor omnibus service; and

        (c)     the behaviour of people intending to enter, and passengers in, an omnibus.

“ (3)       The regulations may also prescribe offences for contraventions of the regulations and prescribe maximum penalties of not more than 10 penalty units for offences against the regulations.”.

PART 6.2—MOTOR OMNIBUS SERVICES REGULATIONS 1955

[6.19] Regulation 3, definition of charges determination —

    Omit the definition, substitute the following definition:

[6.20] Regulation 3, definitions of smoking offence and the Act —

    Omit the definitions.

[6.21] Regulation 3, new note—

    Insert the following note:

“Note      A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act 2001 , s 104).”.

[6.22] Regulation 17 (3)—

    Omit the subregulation.

[6.23] Regulation 25A—

    Omit the regulation.

[6.24] Regulation 28, new note —

    Insert the following note:

“ Note     A person may not smoke in an omnibus (see Smoke-free Areas (Enclosed Public Places) Act 1994 ).”.

[6.25] Regulation 36A—

    Omit the regulation.

[6.26] Schedule, part 2, items for regulations 25A and 36A—

    Omit the items.

[Presentation speech made in Assembly on 7 September 2000]

© Australian Capital Territory 2000