PASSENGER TRANSPORT ACT 1990 - SECT 65
Prevention of proceedings concerning transitways
PASSENGER TRANSPORT ACT 1990 - SECT 65
Prevention of proceedings concerning transitways
65 Prevention of proceedings concerning transitways
(1) No compensation is payable to or by any person for loss or damage arising
directly or indirectly from-- (a) the entry of parties, under and in
accordance with Part 3, into a service contract for a transitway service , or
(b) the determination or variation, under and in accordance with Subdivision 3
of Division 3 of Part 3, of a transitway route , or (c) the determination,
under and in accordance with Subdivision 3 of Division 3 of Part 3, of an
emergency route , or (d) the use, by a person authorised under section 28H to
do so, of an emergency route for the operation of a transitway service , or
(e) the variation of a region or route, or the extinguishment or compromise of
a right, by the operation of section 28I, or (f) the exercise, under and in
accordance with this Act or the Transport Administration Act 1988 , of any
function of TfNSW concerning transitway routes , emergency routes or
transitway services , and no proceedings for damages or other relief, whether
grounded on the provisions of any contract or otherwise arising at law or in
equity, for the purpose of restraining any action referred to in paragraphs
(a)-(d) or (f), or of obtaining compensation in respect of any such loss or
damage, may be instituted or maintained. (2) Without limiting the generality
of subsection (1), no compensation is payable by or on behalf of the Crown for
the introduction of transitway services . (3) For the purposes of subsection
(2), compensation for the introduction of transitway services includes-- (a)
compensation because of the enactment or operation of the amendments made to
this Act by the Passenger Transport Amendment (Transitways) Act 2001 , or for
any consequence of that enactment or operation, and (b) compensation because
of any statement or conduct relating to a matter referred to in paragraph (a)
or to any aspect of transitway services . (4) This section applies to or in
respect of any act, statement or conduct whether occurring before or after the
commencement of this section. (5) In this section--
"compensation" includes damages or any other form of monetary compensation .
"conduct" includes a representation of any kind-- (a) whether made verbally or
in writing, and (b) whether negligent, false, misleading or otherwise.
"the Crown" means the Crown within the meaning of the
Crown Proceedings Act 1988 , and includes TfNSW and any officer of the
Ministry of Transport. (6) Nothing in this section affects a right conferred
by a service contract for a transitway service . (7) This section has effect
despite any provision of this or any other Act.
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