TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 43 Obligation to hold service contracts

TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 43

43 Obligation to hold service contracts

(1) A person must not provide a public passenger service for an area or route if the area or route is a service contract area or route for public passenger services of that kind unless the person is entitled to provide the public passenger service under—

(a) a service contract; or

(b) a written agreement with the chief executive; or

(c) with the chief executive’s approval, a written agreement with the holder of a service contract.

Penalty—

Maximum penalty—

(a) if a holder of a service contract has the exclusive right to operate the public passenger service for the area or route—160 penalty units; or

(b) if the service contract area or route is in the integrated mass transit area—160 penalty units; or

(c) in any other case—30 penalty units.

(2) For a service contract area or route that is not in the integrated mass transit area, a written agreement with the chief executive mentioned in subsection (1) (b) may be made only if—

(a) the chief executive has invited a service contract holder for the service contract area or route to offer to provide the public passenger service and the holder—

(i) refused the invitation; or

(ii) makes an offer that, in the chief executive’s opinion, is not appropriate for the public passenger service; or

(iii) did not respond to the invitation within the time allowed for a response to it; or

(b) the public passenger service is not a service of a kind to which an existing service contract applies.

(3) A person must not provide a service for which a service contract is required under section 42A unless the person is entitled to provide the service under a service contract.

Penalty—

Maximum penalty—30 penalty units.