New South Wales Consolidated Acts

PASSENGER TRANSPORT ACT 1990 - SECT 28C

28C Performance standards

(1) A service contract for a regular bus service is to provide for performance standards to be observed by the operator of the service.

(2) Without limiting subsection (1), the performance standards may include any model performance standards for regular bus services that the Director-General may, by order published in the Gazette, approve from time to time.

(3) Before the Director-General makes an order under subsection (2) approving a model performance standard, the Director-General must consult with each of the following about the standard:

(a) the Transport Advisory Group constituted under the Transport Administration Act 1988 ,

(b) the Bus and Coach Association of New South Wales,

(c) such other persons or bodies as the Minister may direct.

(4) The performance standards are to include standards concerning greenhouse emissions by buses that have been developed by the Director-General following consultation with the NSW Greenhouse Office in the Cabinet Office.

(5) Performance standards are to be enforced by civil penalty provision or in such other manner as the contract may provide.

(6) In subsection (5), "civil penalty provision" means a provision of a service contract that is expressed to be a civil penalty provision for the purposes of this section.

(7) Despite anything to the contrary in any Act or other law, a person who breaches a civil penalty provision is liable to pay, as a debt due to the State, an amount determined in accordance with the service contract as the penalty for the breach of that provision.