New South Wales Consolidated Acts

PASSENGER TRANSPORT ACT 1990 - SECT 16

16 Service contracts

(1) The terms and conditions on which any regular passenger service is to be carried on within, or partly within, New South Wales are to be set forth in a contract entered into between an accredited service operator or, in the case of a ferry service, the operator and TfNSW (on behalf of the Crown).

(2) TfNSW may invite contracts by tender or in such other manner as TfNSW thinks fit.

(3) A person who:

(a) carries on a regular passenger service (other than a transitway service) otherwise than under the authority of a service contract, or

(b) carries on a public passenger service along any part of a transitway route otherwise than under the authority of a service contract for a regular bus service,

is guilty of an offence.

Maximum penalty: 1,000 penalty units.

(3A) Nothing in this section requires a person who carries on a regular bus service within or on a region, corridor, route or other area to enter into a service contract with TfNSW in respect of the service if:

(a) the person is an accredited service provider, and

(b) the service is being provided under a subcontract or other arrangement with the holder of a service contract in respect of provision of the service within or on the region, corridor, route or area (the "primary service contract"), and

(c) the subcontract or other arrangement is authorised or otherwise permitted under the primary service contract.

(4) This section has effect subject to this Act and the regulations.