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TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 62AE When public offer must be invited, and when offers may be invited in another way

TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 62AE

When public offer must be invited, and when offers may be invited in another way

62AE When public offer must be invited, and when offers may be invited in another way

(1) This section applies if the chief executive proposes to enter into a prescribed school service contract and—
(a) no operator is entitled to, or is to be given, the first opportunity to make an offer for the contract under section 62AC or 62AD ; or
(b) an operator has been given a notice under section 62AC or 62AD inviting the operator to offer for the contract and—
(i) the operator fails to make an offer within the time stated in the notice; or
(ii) the operator refuses the invitation; or
(iii) the operator makes an offer that the chief executive decides is unacceptable under section 59 .
(2) The chief executive must, by public notice, invite offers from the public, within a stated reasonable time, for a service contract to provide the service.
(3) However if—
(a) an operator makes an offer, within the time stated in a notice given under section 62AC or 62AD ; and
(b) the chief executive considers the offer substantially meets the requirements of an offer that would be acceptable under section 59 ;
the chief executive may defer inviting public offers to allow an opportunity for a contract to be concluded with the operator.
(4) The chief executive may invite offers, other than by public notice under subsection (2) , in any way the chief executive considers appropriate, but only if the chief executive has already invited offers from the public under subsection (2) .
(5) A time allowed to a person, under a notice or otherwise, for making an offer does not prevent the person from making an offer or further offer after that time.