New South Wales Consolidated Acts

PASSENGER TRANSPORT ACT 1990 - SECT 17A

17A Service contracts for ferry services

(1) A service contract relating to a ferry service must make provision with respect to:

(a) the period for which it operates, and

(b) the manner in which it may be terminated, and

(c) standards of safety for passengers and the public, and of maintenance, and

(d) requirements relating to the financial viability of the operator, and

(e) requirements relating to the fitness of the operator to be an operator and the character of the operator or of any directors and managers of the operator, and

(f) any other matters required by this Act or the regulations to be specified in it.

(2) A service contract relating to a ferry service may make provision for or with respect to:

(a) monetary or other penalties for breaches of the contract and the recovery of any such penalties, and

(b) bonds for the performance of any or any specified obligations under the contract, and

(c) such other matters as the parties think fit to include in the circumstances of the case.

(3) The contract may provide for the periodic review, in a manner and at such periods as the contract may specify, of any matter for the time being determined by or under it.

(4) It is the duty of the Director-General to ensure that any regular passenger service contract is not inconsistent with:

(a) the government’s standards of safety for passengers and the public and maintenance, and

(b) standards for, or any other requirements relating to, ferries, the operator of the service or employees of the operator under this or any other Act or any regulation, and

(c) the terms and conditions of any certificate or other authority issued to an employee of the operator of the service under any other Act or regulation.

(5) However, in the event of any inconsistency between any such standards or requirements or terms or conditions and the provisions of the contract, the provisions of the contract prevail to the extent of the inconsistency.