{"id":"bus-services-act-1995","name":"Bus Services Act 1995","slug":"bus-services-act-1995","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177995,"registerId":"vic-bus-services-act-1995-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Bus Services Act 1995","content":"Version No. 045\n\n**Bus Services Act 1995**\n\n**No. 68 of 1995**\n\nVersion incorporating amendments as at  \n6 August 2025\n\n**table of provisions**\n\n*Section Page*\n\nPart 1—Preliminary 1\n\n1 Purpose 1\n\n2 Commencement 1\n\n3 Definitions 1\n\n3C Transport Integration Act 2010 6\n\n4 Crown to be bound 6\n\n4A Declaration power of the Head, Transport for Victoria 7\n\nPart 3—Regular passenger services 9\n\nDivision 1—Service contract requirement for regular passenger services 9\n\n25 Service must not be operated or offered without service contract 9\n\nDivision 2—Service contracts 10\n\n26 Service contracts 10\n\n27 Nature of service contracts 12\n\n27A Civil penalty provisions in operative service contracts 14\n\n28 Regions or routes of operation 15\n\nDivision 3—Variation, suspension, cancellation of service contracts 17\n\n30 Variation, suspension or cancellation of service contracts 17\n\nDivision 4—New regular passenger services 18\n\nSubdivision 1—Interpretation 18\n\n30A Definitions 18\n\n30B When is an affected service contract holder a materially affected service contract holder? 20\n\n30C Certain affected service contract holders may be materially affected service contract holders 22\n\nSubdivision 2—Stage 1 procurement process (affected service contract holders) 23\n\n30D Proposed new regular passenger services that will affect only one service contract holder 23\n\n30E Proposed new regular passenger service that will affect more than one existing service contract holder—Stage 1 24\n\n30F Outcome of stage 1 of procurement process if an affected service contract holder is successful 24\n\n30G End of stage 1 process—No agreement (and there is no materially affected service contract holder) 25\n\n30H End of stage 1 process—No agreement (and there is a materially affected service contract holder) 26\n\nSubdivision 3—Stage 2 procurement process (materially affected service contract holders) 26\n\n30I Stage 2 procurement process—Only one materially affected service contract holder 26\n\n30J Stage 2 procurement process—More than one materially affected service contract holder 28\n\n30K Outcome of stage 2 procurement process—More than one materially affected service contract holder 28\n\nDivision 5—Transfer of property used in provision of regular passenger services 29\n\n30L Definitions 29\n\n30M Property of certain holders of service contracts and associated operators 31\n\n30N Allocation statement 32\n\n30O Relevant property transferred in accordance with statement 33\n\n30P Allocation of relevant property subject to encumbrances 33\n\n30Q Certificate signed by the Head, Transport for Victoria 33\n\n30R Consideration for transferred property 34\n\n30S Former transferor instruments and agreements 34\n\n30T Interests in land 35\n\n30U Amendment of Register 35\n\n30V Proceedings 35\n\n30W Taxes 36\n\n30X Evidence 36\n\n30Y Validity of things done under this Division 36\n\n30Z Corporations Act displacement 37\n\nPart 4—Miscellaneous 38\n\n34 Fees 38\n\n36 No compensation payable 40\n\n37 Supreme Court—limitation of jurisdiction 41\n\n38 Regulations 42\n\n38A Extension of operation of Regulations 44\n\nEndnotes 46\n\n1 General information 46\n\n2 Table of Amendments 48\n\n3 Explanatory details 52\n\n**Version No.** **045**\n\n**Bus Services Act 1995**\n\n**No. 68 of 1995**\n\nVersion incorporating amendments as at  \n6 August 2025\n\n**The Parliament of Victoria enacts as follows:**\n\nPart 1—Preliminary\n\nS. 1 substituted by No. 13/2009 s. 81.\n\n\t1 Purpose\n\nThe purpose of this Act is to implement a system of service contracts for certain types of bus services and to provide for the service standards that are to apply in the provision of those bus services and other bus services.\n\n\t2 Commencement\n\n(1) This Part comes into operation on the day on which this Act receives the Royal Assent.\n\n(2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.\n\n(3) If a provision referred to in subsection (2) does not come into operation within the period of 6 months beginning on, and including, the day on which this Act receives the Royal Assent, it comes into operation on the first day after the end of that period.\n\n\t3 Definitions\n\n(1) In this Act—\n\nS. 3(1) def. of *accredited person* repealed by No. 13/2009 s. 82(1)(a).\n\n* * * * *\n\nS. 3(1) def. of *bus* amended by Nos 106/1997 s. 28(a), 69/2007 s. 41(2), substituted by No. 13/2009 s. 82(1)(b).\n\n***bus*** has the same meaning as it has in section 3(1) of the **Bus Safety Act 2009**;\n\nS. 3(1) def. of *courtesy service* inserted by No. 106/1997 s. 28(b), repealed by No. 13/2009 s. 82(1)(a).\n\n* * * * *\n\nS. 3(1) def. of *disqualifying offence* repealed by No. 34/2003 s. 20(a), new def. of *disqualifying offence* inserted by No. 49/2004 s. 18(a), repealed by No. 13/2009 s. 82(1)(a).\n\n* * * * *\n\nS. 3(1) def. of *hire and drive service* inserted by No. 106/1997 s. 28(b), amended by No. 2/2008 s. 58, repealed by No. 13/2009 s. 82(1)(a).\n\n* * * * *\n\nS. 3(1) def. of *motor vehicle* inserted by No. 69/2007 s. 41(1), repealed by No. 49/2011 s. 33.\n\n* * * * *\n\nS. 3(1) def. of *private bus service* inserted by No. 106/1997 s. 28(b), repealed by No. 13/2009 s. 82(1)(a).\n\n* * * * *\n\nS. 3(1) def. of *public passenger vehicle* repealed by No. 13/2009 s. 82(1)(a).\n\n* * * * *\n\nS. 3(1) def. of *Public Transport Development Authority* inserted by No. 61/2011 s. 25(Sch. 1 item 1.1(a)), repealed by No. 49/2019 s. 186(Sch. 4 item 5.1(a)).\n\n* * * * *\n\nS. 3(1) def. of *regular passenger service* substituted by No. 13/2009 s. 82(1)(c).\n\n***regular passenger service*** means—\n\n(a) a route bus service within the meaning of the **Bus Safety Act 2009**;\n\n(b) a demand responsive bus service within the meaning of the **Bus Safety Act 2009**;\n\n(c) a prescribed class of bus service other than a prescribed class of route bus service or demand responsive bus service;\n\n(d) a bus service declared under section 4A to be a regular bus service—\n\nbut does not include—\n\n(e) a bus service which is prescribed not to be a class of regular passenger service;\n\n(f) a bus service which is declared under section 4A not to be a regular passenger service;\n\nS. 3(1) def. of *road transport passenger service* amended by No. 49/2004 s. 18(b), repealed by No. 13/2009 s. 82(1)(a).\n\n* * * * *\n\nS. 3(1) def. of *Secretary* amended by Nos 28/1996  \ns. 13, 70/2013 s. 4(Sch. 2 item 7), substituted by No. 49/2019 s. 186(Sch. 4 item 5.1(b)), amended by No. 25/2025 s. 106(Sch. 1 item 6).\n\n***Secretary*** means Secretary to the Department of Transport and Planning;\n\n***service contract*** means a contract entered into under Part 3;\n\nS. 3(1) def. of *temporary accreditation* repealed by No. 13/2009 s. 82(1)(a).\n\n* * * * *\n\n***vehicle*** has the same meaning as in the **Road Safety Act 1986**;\n\nS. 3(1) def. of *working day* amended by Nos 28/1996 s. 13, 47/2006 s. 36(Sch. 2 item 1), 61/2011 s. 25(Sch. 1 item 1.1(b)), repealed by No. 49/2019 s. 186(Sch. 4 item 5.1(c)).\n\n* * * * *\n\nS. 3(2) amended by Nos 6/1999 s. 3, 6/2010 s. 203(1)  \n(Sch. 6 item 39.1) (as amended by No. 45/2010 s. 22).\n\n(2) Expressions used in this Act and in the **Transport (Compliance and Miscellaneous) Act 1983** (other than \"operate\") that are not defined in subsection (1) or elsewhere in this Act have the same meanings as in the **Transport (Compliance and Miscellaneous) Act 1983** (including Part VI of that Act).\n\nS. 3(3) amended by No. 6/2010 s. 203(1)  \n(Sch. 6 item 39.1) (as amended by No. 45/2010 s. 22).\n\n(3) This Act is to be read and construed as one with the **Transport (Compliance and Miscellaneous) Act 1983**.\n\nS. 3(4) amended by No. 62/2001 s. 95.\n\n(4) The Governor in Council may, by Order published in the Government Gazette, declare this Act to be relevant legislation for the purposes of the **Essential Services Commission Act 2001** and, on the publication of that Order, this Act is relevant legislation for the purposes of that Act.\n\nS. 3(5) inserted by No. 13/2009 s. 83(2).\n\n(5) On and from the commencement of section 83 of the **Bus Safety Act 2009**, a reference to the **Public Transport Competition Act 1995** in any Act (other than in the **Bus Safety Act 2009**) or in any instrument made under any Act or in any other document of any kind, must be read and construed as a reference to the **Bus Services Act 1995**, unless the context otherwise requires.\n\nS. 3A  \ninserted by No. 106/1997 s. 29, amended by No. 6/1999 s. 4, repealed by No. 13/2009 s. 82(2).\n\n* * * * *\n\nS. 3B inserted by No. 95/2005 s. 6, repealed by No. 13/2009 s. 82(2).\n\n* * * * *\n\nS. 3C inserted by No. 6/2010 s. 24(5)(Sch. 1 item 11) (as amended by No. 45/2010 s. 5).\n\n\t3C Transport Integration Act 2010\n\nThis Act is transport legislation within the meaning of the **Transport Integration Act 2010**.\n\n\t4 Crown to be bound\n\nThis Act binds the Crown, not only in right of Victoria but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.\n\nS. 4A (Heading) amended by Nos 61/2011 s. 25(Sch. 1 item 1.2), 49/2019 s. 186(Sch. 4 item 5.2).\n\nS. 4A  \ninserted by No. 13/2009 s. 84.\n\n\t4A Declaration power of the Head, Transport for Victoria\n\nS. 4A(1) amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.3).\n\n(1) Subject to subsection (2), the Head, Transport for Victoria may declare by notice published in the Government Gazette that—\n\n(a) a bus service that is a regular passenger service specified in paragraph (a) or (b) of the definition of ***regular passenger service*** in section 3(1) is not a regular passenger service within the meaning of that definition;\n\n(b) a bus service that is not specified in paragraph (a) or (b) of the definition of ***regular passenger service*** in section 3(1) is a bus service that is a regular passenger service within the meaning of that definition.\n\nS. 4A(2) amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.3).\n\n(2) If the Head, Transport for Victoria intends to make a declaration under subsection (1), the Head, Transport for Victoria must—\n\n(a) advise operators and sectors of the industry that will be affected by the declaration, if declared, of the proposed declaration; and\n\n(b) provide those operators and sectors with an opportunity to make a submission in relation to the proposed declaration.\n\nS. 4A(3) amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.3).\n\n(3) The Head, Transport for Victoria must have regard to any submissions received under subsection (2) before making the declaration.\n\nPt 2 (Heading and ss 5–24) amended by Nos 106/1997 ss 30, 31(1), 52/1998 s. 311 (Sch. 1 item 80.1), 6/1999 s. 5, 34/2003 ss 19, 20(b), 49/2004 s. 19, 95/2005 s. 7, 9/2006 ss 130–146, 47/2006 s. 36(Sch. 2 item 2), 69/2007 s. 42, 13/2009 s. 80, 69/2009 s. 54(Sch. Pt 2 item 41), 6/2010 s. 203(1)  \n(Sch. 6 item 39.1) (as amended by No. 45/2010 s. 22), repealed by No. 13/2009 s. 82(3).\n\n* * * * *\n\nPart 3—Regular passenger services\n\nPt 3 Div. 1 (Heading) inserted by No. 69/2007 s. 43.\n\nDivision 1—Service contract requirement for regular passenger services\n\nS. 25 (Heading) inserted by No. 95/2005 s. 8(1).\n\nS. 25 amended by No. 95/2005 s. 8(2)(ILA s. 39B(1)).\n\n\t25 Service must not be operated or offered without service contract\n\n(1) A person must not operate a regular passenger service within (or partly within) the State otherwise than under the authority of a service contract.\n\n1. 100 penalty units.\n\n\nS. 25(2) inserted by No. 95/2005 s. 8(2).\n\n(2) A person must not offer a regular passenger service within (or partly within) the State to the public, or a section of the public, otherwise than under the authority of a service contract.\n\n1. 100 penalty units.\n\n\nS. 25(3) inserted by No. 69/2007 s. 44.\n\n(3) Subsection (1) or (2) does not apply if the person operates a regular passenger service within (or partly within) the State—\n\n(a) under a subcontract or other arrangement with the holder of a service contract (the ***primary service contract***); and\n\n(b) the subcontract or other arrangement is authorised or otherwise permitted under the primary service contract.\n\nPt 3 Div. 2 (Heading) inserted by No. 69/2007 s. 45.\n\nDivision 2—Service contracts\n\n\t26 Service contracts\n\n(1) A service contract sets out the terms and conditions on which a regular passenger service may be operated.\n\nS. 26(2) amended by Nos 45/1999 s. 35(1), 47/2006 s. 35(1)(a), substituted by No. 61/2011 s. 25(Sch. 1 item 1.4), amended by No. 49/2019 s. 186(Sch. 4 item 5.4(a)).\n\n(2) The Head, Transport for Victoria may enter into a service contract with an accredited person.\n\nS. 26(3) amended by Nos 45/1999 s. 35(1), 47/2006 s. 35(1)(b), 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.4(a)).\n\n(3) The Head, Transport for Victoria may invite accredited persons to tender for a service contract.\n\nS. 26(4) amended by Nos 45/1999 s. 35(1), 47/2006 s. 35(1)(c), substituted by No. 69/2007 s. 46, amended by Nos 61/2011 s. 25(Sch. 1 items 1.3, 1.5), 3/2017 s. 50(Sch. 1 item 1), 49/2019 s. 186(Sch. 4 item 5.4(a)(b)).\n\n(4) In awarding a service contract the Head, Transport for Victoria may apply any principles determined by the Secretary for the purpose of awarding service contracts.\n\nS. 26(4A) inserted by No. 69/2007 s. 46, amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.4(a)).\n\n(4A) The Head, Transport for Victoria must give a copy of the principles referred to in subsection (4) to—\n\nS. 26(4A)(a) amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.4(a)).\n\n(a) a person whom the Head, Transport for Victoria invites to tender for a service contract;\n\n(b) a person who tenders for a service contract;\n\nS. 26(4A)(c) amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.4(a)).\n\n(c) a person who applies to the Head, Transport for Victoria for the granting of a service contract;\n\n(d) a person who requests, in writing, a copy of the principles.\n\nS. 26(5) amended by No. 45/1999 s. 35(1), substituted by No. 6/2010 s. 203(1)  \n(Sch. 6 item 39.2) (as amended by No. 45/2010 s. 22), amended by Nos 61/2011 s. 25(Sch. 1 items 1.3, 1.6), 49/2019 s. 186(Sch. 4 item 5.4(c)).\n\n(5) Nothing in this section limits any authority conferred on the Head, Transport for Victoria by section 64Q of the **Transport Integration Act 2010**.\n\n\t27 Nature of service contracts\n\n(1) A service contract cannot be entered into or renewed for a term exceeding 10 years.\n\n(2) A service contract must make provision for or with respect to—\n\n(a) the period for which it operates;\n\n(b) the manner in which it may be terminated;\n\n(c) standards relating to the provision of services under the contract;\n\n(d) a scale of minimum service levels (determined according to such things as the periods of time during which services are to be operated, the extent of operation of services and the frequency of operation of services during specified periods);\n\n(e) if fares are to be charged, a scale of maximum fares;\n\n(f) the manner in which the holder of the service contract will be remunerated or gain revenue from the provision of services under the contract (including arrangements as to any subsidy);\n\n(g) any other matters required by this Act or the regulations to be specified in a service contract.\n\n(3) A service contract may make provision for or with respect to—\n\n(a) reviewing or altering any fares or fare system in circumstances specified in the contract;\n\nS. 27(3)(b) substituted by No. 69/2007 s. 47.\n\n(b) monetary or other penalties—\n\n(i) for a breach of contract;\n\n(ii) for a failure (not being a breach of contract) to meet a performance requirement specified in the contract;\n\n(iii) payable on the termination of the contract;\n\nS. 27(3)(ba) inserted by No. 69/2007 s. 47.\n\n(ba) the recovery of monetary and other penalties referred to in paragraph (b) in accordance with the contract or this Act;\n\n(c) bonds for the performance of the obligations, or specified obligations, under the contract;\n\n(d) the variation of the contract;\n\n(e) the transfer, assignment, subcontracting or other dealing with any right, power or duty under the contract;\n\nS. 27(3)(f) amended by Nos 45/1999 s. 35(2), 47/2006 s. 36(Sch. 2 item 3(a)), 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.5).\n\n(f) any other matter for or with respect to which the Head, Transport for Victoria considers that provision should be made in the public interest.\n\n(4) A service contract may provide for the periodic review, in the manner and at such periods as the contract may specify, of any matter for the time being determined by or under it.\n\nS. 27(5) amended by Nos 45/1999 s. 35(2), 47/2006 s. 36(Sch. 2 item 3(b)), 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.5).\n\n(5) Nothing in subsection (3) or (4) shall be taken to impose a duty on the Head, Transport for Victoria to make provision for or with respect to any matter in a service contract that is enforceable in a court or tribunal by any other person or body.\n\nS. 27A inserted by No. 69/2007 s. 48.\n\n\t27A Civil penalty provisions in operative service contracts\n\n(1) In this section—\n\n***operative service contract*** means a service contract that—\n\n(a) is in force on the day on which section 48 of the **Transport Legislation Amendment Act 2007** comes into operation; or\n\n(b) is entered into on or after the day on which section 48 of the **Transport Legislation Amendment Act 2007** comes into operation.\n\n(2) This section applies if—\n\n(a) an operative service contract makes provision for or with respect to a penalty—\n\n(i) for a breach of the contract; or\n\n(ii) for a failure (not being a breach of contract) to meet a performance requirement specified in the contract; or\n\n(iii) that is payable on the termination of the contract; and\n\n(b) that provision is expressed under the operative service contract to be a civil penalty provision for the purposes of this Act.\n\n(3) A person is liable to pay, as a debt due to the State, the amount as required by a civil penalty provision in an operative service contract despite anything to the contrary in a rule of, or principle at, common law.\n\n\t28 Regions or routes of operation\n\n(1) A service contract must specify a region or route of operation.\n\n(2) A service contract operating on a specified route may confer on the holder of the contract the exclusive right, subject to this Part, to operate regular passenger services of the relevant kind on the specified route.\n\nS. 28(3) amended by Nos 45/1999 s. 35(3), 47/2006 s. 36(Sch. 2 item 4), repealed by No. 69/2007 s. 49.\n\n* * * * *\n\n(4) A service contract operating in a specified region may—\n\n(a) confer on the holder of the contract the exclusive right, subject to this Part, to operate regular passenger services of the relevant kind in the specified region; or\n\n(b) confer on the holder of the contract the exclusive right, subject to this Part, to operate regular passenger services of the relevant kind in the specified region except with respect to a specified route or routes.\n\n(5) A service contract may provide for other matters relevant to the operation of passenger transport services within the specified region or on the specified route.\n\n(6) A right conferred on the holder of a service contract—\n\n(a) cannot affect or limit the ability of another person to operate, during the term of the contract, a service that is not a regular passenger service; and\n\n(b) will be subject to any other qualifications applying generally to service contracts of that kind that may be prescribed by the regulations (or specified in the contract itself) during the term of the contract.\n\nS. 29 amended by Nos 45/1999 s. 35(4), 47/2006 s. 36(Sch. 2 item 5), repealed by No. 69/2007 s. 50.\n\n* * * * *\n\nPt 3 Div. 3 (Heading) inserted by No. 69/2007 s. 51.\n\nDivision 3—Variation, suspension, cancellation of service contracts\n\n\t30 Variation, suspension or cancellation of service contracts\n\nS. 30(1) amended by Nos 45/1999 s. 35(5), 47/2006 s. 36(Sch. 2 item 6(a)), 69/2007 s. 52(1), 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.6).\n\n(1) A service contract may, in accordance with the regulations or the service contract, be varied, suspended or cancelled by the Head, Transport for Victoria if the Head, Transport for Victoria is satisfied that—\n\n(a) there has been a serious or frequent failure on the part of the holder of the contract to observe the terms and conditions of the contract; or\n\n(b) the holder has been found guilty of an offence against this Act or the regulations committed during the term of the contract.\n\nS. 30(2) amended by Nos 45/1999 s. 35(5), 47/2006 s. 36(Sch. 2 item 6(b)), substituted by No. 69/2007 s. 52(2), amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.6).\n\n(2) If the service contract does not provide for any manner by which the Head, Transport for Victoria may vary, suspend or cancel the service contract, the Head, Transport for Victoria must—\n\n(a) give a person referred to in subsection (1)(a) written notice of the intended action under that subsection; and\n\n(b) allow that person to make written representations about that intended action within 10 working days before taking the intended action against that person.\n\n(3) A service contract is automatically cancelled if the holder of the contract ceases to be an accredited person or ceases to be an accredited person of an appropriate kind.\n\nS. 30(4) amended by Nos 45/1999 s. 35(5), 47/2006 s. 36(Sch. 2 item 6(c)), 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.6).\n\n(4) Nothing in this Act prevents the Head, Transport for Victoria from making such arrangements as the Head, Transport for Victoria thinks fit for the provision, by an accredited person, of temporary services (for a period not exceeding 12 months) in place of a regular passenger service for the time being discontinued by a variation, suspension or cancellation of a service contract under this section.\n\nS. 30(5) inserted by No. 49/2019 s. 186(Sch. 4 item 5.7).\n\n(5) For the purpose of subsection 2(b), ***working day*** means any day which is not a holiday within the meaning of section 44(4) of the **Interpretation of Legislation Act 1984**.\n\nPt 3 Div. 4 (Heading and ss 30A–30Z) inserted by No. 69/2007 s. 53.\n\nDivision 4—New regular passenger services\n\nSubdivision 1—Interpretation\n\nS. 30A inserted by No. 69/2007 s. 53.\n\n\t30A Definitions\n\nIn this Division—\n\n***affected exclusive region*** means an exclusive region within which there will be a part of a route of operation for a new regular passenger service (whether or not that route of operation will overlap with or cross a route of operation along which a regular passenger service is provided);\n\n***affected exclusive route of operation*** means an exclusive route of operation—\n\n(a) that will overlap with a part of a route of operation for a new regular passenger service; or\n\n(b) over which a part of a route of operation for a new regular passenger service will cross;\n\n***affected service contract holder*** means a person who holds a service contract under which the person provides a regular passenger service—\n\n(a) along an affected exclusive route of operation; or\n\n(b) within an affected exclusive region;\n\n***exclusive region*** means a region of operation specified in a service contract within which the holder of the service contract provides a regular passenger service on an exclusive basis;\n\n***exclusive right of operation*** means a right, conferred under a service contract, to provide a regular passenger service—\n\n(a) along an exclusive route of operation; or\n\n(b) within an exclusive region,\n\nexcept to the extent that that right is modified by the service contract, or extinguished by the service contract or by force of operation of a provision of this Act;\n\n***exclusive route of operation*** means a route of operation specified in a service contract along which the holder of the service contract provides a regular passenger service on an exclusive basis;\n\n***materially affected***, in relation to an affected exclusive route of operation or affected exclusive region,  has the meaning given by section 30B(2);\n\n***materially affected service contract holder*** has the meaning given by section 30B;\n\n***stage 2 procurement process*** means the process provided for under section 30J.\n\nS. 30B inserted by No. 69/2007 s. 53.\n\n\t30B When is an affected service contract holder a materially affected service contract holder?\n\n(1) An affected service contract holder is a materially affected service contract holder if—\n\n(a) the affected service contract holder provides a regular passenger service—\n\n(i) along an affected exclusive route of operation that will be materially affected; or\n\n(ii) within an affected exclusive region that will be materially affected; or\n\n(b) a determination under section 30C applies to that affected service contract holder.\n\n(2) For the purposes of this section, an affected exclusive route of operation, or an affected exclusive region, will be ***materially affected*** if—\n\nXro > ![]()\n\nwhere—\n\n**X**ro is the relevant overlap (expressed as a percentage); and\n\n**N** is the number of affected service contract holders.\n\n(3) In subsection (2), ***relevant overlap*** means—\n\n![]()\n\nwhere—\n\n**A** is—\n\n(a) in the case of an affected exclusive route of operation—that part, or the sum of the parts, of the affected exclusive route of operation, as measured in vehicle service kilometres, that will, when the new regular passenger service is provided, overlap with, or cross, any part of the route of operation for the new regular passenger service (as measured in vskms);\n\n(b) in the case of an affected exclusive region—that part, or the sum of the parts, of the route of operation along which the new regular passenger service will be provided that will be within that affected exclusive region of operation, as measured in vskms, (whether or not that route of operation will overlap with or cross another route of operation);\n\n**B** means the total length of the route of operation along which the new regular passenger service will be provided (as measured in vskms).\n\n(4) In this section—\n\n***vehicle service kilometres*** or ***vskms*** means the length (measured in kilometres) of a route, or a part or a route, of operation for the provision of a regular passenger service multiplied by the number of times the regular passenger service is provided on that route in a day.\n\nS. 30C inserted by No. 69/2007 s. 53, amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.8(a)).\n\n\t30C Certain affected service contract holders may be materially affected service contract holders\n\nOn application by an affected service contract holder, the Head, Transport for Victoria may determine that that affected service contract holder is a materially affected service contract holder for the purposes of this Division if—\n\n(a) the affected service contract holder provides a regular passenger service along an affected exclusive route of operation or within an affected exclusive region and that holder\n\nwould be a materially affected service contract holder under section 30B(1)(a) if, in section 30B(2) for—\n\n\"Xro > ![]()\",\n\nthere were substituted—\n\n\"Xro > ![]()\"; and\n\nS. 30C(b) amended by Nos 61/2011 s. 25(Sch. 1 item 1.7), 49/2019 s. 186(Sch. 4 item 5.8(b)).\n\n(b) the provision of a new regular passenger service will, in the Head, Transport for Victoria's opinion, have a significant adverse impact on the business of that affected service contract holder.\n\nSubdivision 2—Stage 1 procurement process (affected service contract holders)\n\nS. 30D inserted by No. 69/2007 s. 53.\n\n\t30D Proposed new regular passenger services that will affect only one service contract holder\n\n(1) This section applies if—\n\nS. 30D(1)(a) amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.9).\n\n(a) the Head, Transport for Victoria considers that a new regular passenger service should be provided; and\n\n(b) there will be only one affected service contract holder when that regular passenger service is provided.\n\nS. 30D(2) amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.9).\n\n(2) The Head, Transport for Victoria must give the affected service contract holder the opportunity to negotiate exclusively with the Head, Transport for Victoria for the right to provide the new regular passenger service.\n\nS. 30D(3) amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.9).\n\n(3) If, after 28 days from commencing negotiations with the affected service contract holder, the Head, Transport for Victoria has not received from the affected service contract holder a written offer for the provision of the new regular passenger service by that contract holder setting out terms and conditions that the Head, Transport for Victoria considers are reasonable in light of—\n\n(a) the nature and extent of that new regular passenger service; and\n\n(b) the provisions of this Act and the regulations; and\n\n(c) the circumstances of the case—\n\nthe exclusive right of operation of the affected service contract holder is, to the extent necessary to enable another person to provide the new regular passenger service, extinguished by force of this subsection when, as the case requires, a service contract or a variation of service contract for the provision of the new regular passenger service takes effect.\n\nS. 30E inserted by No. 69/2007 s. 53.\n\n\t30E Proposed new regular passenger service that will affect more than one existing service contract holder—Stage 1\n\n(1) This section applies if—\n\nS. 30E(1)(a) amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.10).\n\n(a) the Head, Transport for Victoria considers that a new regular passenger service should be provided; and\n\n(b) there will be more than one affected service contract holder when that regular passenger service is provided.\n\nS. 30E(2) amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.10).\n\n(2) The Head, Transport for Victoria must give each of the affected service contract holders an opportunity to negotiate with the Head, Transport for Victoria for the right to provide the new regular passenger service.\n\nS. 30F inserted by No. 69/2007 s. 53.\n\n\t30F Outcome of stage 1 of procurement process if an affected service contract holder is successful\n\nS. 30F(1) amended by Nos. 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.11).\n\n(1) This section applies if, following negotiations with each of the affected service contract holders in accordance with section 30E, the Head, Transport for Victoria and one or more of those affected service contract holders agree that the service contract holder or contract holders (as the case requires) (a ***successful party***) may provide the new regular passenger service.\n\n(2) The exclusive right of operation of every other affected service contract holder to provide a regular passenger service is, to the extent necessary to enable a successful party to provide the new regular passenger service, extinguished by force of this subsection when, as the case requires, the service contract or variation of service contract for the provision of the new regular passenger service takes effect.\n\nS. 30G inserted by No. 69/2007 s. 53.\n\n\t30G End of stage 1 process—No agreement (and there is no materially affected service contract holder)\n\n(1) This section applies if—\n\nS. 30G(1)(a) amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.12).\n\n(a) after 28 days from commencing negotiations with each of the affected service contract holders in accordance with section 30E, the Head, Transport for Victoria is unable to agree on the terms and conditions for the provision of the new regular passenger service with any of the affected service contract holders; and\n\n(b) none of the affected service contract holders is a materially affected service contract holder; and\n\nS. 30G(1)(c) amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.12).\n\n(c) the Head, Transport for Victoria is of the view that it is in the public interest that the new regular passenger service should be provided.\n\n(2) The exclusive rights of operation of all of the affected service contract holders are, to the extent necessary to enable another person to provide the new regular passenger service, extinguished by force of this subsection when, as the case requires, a service contract or a variation of service contract for the provision of the new regular passenger service takes effect.\n\nS. 30H inserted by No. 69/2007 s. 53.\n\n\t30H End of stage 1 process—No agreement (and there is a materially affected service contract holder)\n\n(1) This section applies if—\n\nS. 30H(1)(a) amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.13).\n\n(a) after 28 days from commencing negotiations with each of the affected service contract holders in accordance with section 30E, the Head, Transport for Victoria is unable to agree on the terms and conditions for the provision of the new regular passenger service with any of the affected service contract holders; and\n\n(b) at least one of the affected service contract holders is a materially affected service contract holder.\n\nS. 30H(2) amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.13).\n\n(2) The Head, Transport for Victoria must take action under—\n\n(a) section 30I if there is only one materially affected service contract holder;\n\n(b) section 30J if there is more than one materially affected service contract holder.\n\nSubdivision 3—Stage 2 procurement process (materially affected service contract holders)\n\nS. 30I  \ninserted by No. 69/2007 s. 53.\n\n\t30I Stage 2 procurement process—Only one materially affected service contract holder\n\nS. 30I(1) amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.14).\n\n(1) The Head, Transport for Victoria must give the materially affected service contract holder the opportunity to negotiate exclusively with the Head, Transport for Victoria for the right to provide the new regular passenger service.\n\nS. 30I(2) amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.14).\n\n(2) If, following negotiations with the materially affected service contract holder, the Head, Transport for Victoria and that contract holder agree that the contract holder may provide the new regular passenger service, the exclusive right of operation of every other affected service contract holder to provide a regular passenger service is, to the extent necessary to enable the materially affected service contract holder to provide the new regular passenger service, extinguished by force of this subsection when, as the case requires, the service contract or variation of service contract for the provision of the new regular passenger service takes effect.\n\nS. 30I(3) amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.14).\n\n(3) If, however, after 28 days from commencing negotiations with the materially affected service contract holder, the Head, Transport for Victoria has not received from the materially affected service contract holder a written offer for the provision of the new regular passenger service by that contract holder on terms and conditions that the Head, Transport for Victoria considers are reasonable in light of—\n\n(a) the nature and extent of that new regular passenger service; and\n\n(b) the provisions of this Act and the regulations; and\n\n(c) the circumstances of the case—\n\nthe exclusive right of operation of the affected service contract holder is, to the extent necessary to enable another person to provide the new regular passenger service, extinguished by force of this subsection when, as the case requires, a service contract or a variation of service contract for the provision of the new regular passenger service takes effect.\n\nS. 30J inserted by No. 69/2007 s. 53, amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.15).\n\n\t30J Stage 2 procurement process—More than one materially affected service contract holder\n\nThe Head, Transport for Victoria must invite all materially affected service contract holders to participate in a process (to be determined by the Head, Transport for Victoria) for the procurement of the new regular passenger service.\n\nS. 30K inserted by No. 69/2007 s. 53.\n\n\t30K Outcome of stage 2 procurement process—More than one materially affected service contract holder\n\nS. 30K(1) amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.16).\n\n(1) Subsection (2) applies if, following the stage 2 procurement process, the Head, Transport for Victoria and one or more of the materially affected service contract holders agree that the service contract holder or contract holders (as the case requires) (a ***successful party***) may provide the new regular passenger service.\n\n(2) The exclusive right of operation of every other affected service contract holder to provide a regular passenger service is, to the extent necessary to enable a successful party to provide the new regular passenger service, extinguished by force of this subsection when, as the case requires, the service contract or variation of service contract for the provision of the new regular passenger service takes effect.\n\nS. 30K(3) amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.16).\n\n(3) If, however, following the stage 2 procurement process, the Public Head, Transport for Victoria—\n\n(a) is unable to agree on the terms and conditions for the provision of the new regular passenger service with any of the materially affected service contract holders; and\n\n(b) is of the view that it is in the public interest that the new regular passenger service should be provided—\n\nthe exclusive right of operation of every other affected service contract holder is, to the extent necessary to enable another person to provide the new regular passenger service, extinguished by force of this subsection when, as the case requires, a service contract or a variation of service contract for the provision of the new regular passenger service takes effect.\n\nDivision 5—Transfer of property used in provision of regular passenger services\n\nS. 30L inserted by No. 69/2007 s. 53.\n\n\t30L Definitions\n\nIn this Division—\n\n***associated operator*** means a person specified in a primary contract—\n\n(a) as an associated operator; and\n\n(b) as a person to whom this Division applies;\n\nS. 30L def. of *former property* amended by Nos 61/2011 s. 25(Sch. 1 item 1.8(a)), 49/2019 s. 186(Sch. 4 item 5.17(a)).\n\n***former property*** means relevant property that, under this Division, has vested in the Head, Transport for Victoria or another person in accordance with an allocation statement;\n\n***former transferor instrument*** means an instrument or an oral agreement subsisting immediately before the relevant date—\n\n(a) to which the transferor was a party; or\n\n(b) that was given to, or in favour of, the transferor; or\n\n(c) that refers to the transferor; or\n\n(d) under which—\n\n(i) money is, or may become, payable to or by the transferor; or\n\n(ii) other property is to be, or may become liable to be, transferred to or by the transferor;\n\n***primary contract*** means a service contract referred to in section 30M(1) (as amended from time to time);\n\n***property*** means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;\n\nS. 30L def. of *related contract* substituted by No. 61/2011 s. 25(Sch. 1 item 1.8(b)), amended by No. 49/2019 s. 186(Sch. 4 item 5.17(b)).\n\n***related contract*** means a contract between the holder of the primary contract, or an associated operator, and the Head, Transport for Victoria in accordance with the primary contract, and if such contract is amended, that contract as amended;\n\nS. 30L def. of *related deed* amended by Nos 61/2011 s. 25(Sch. 1 item 1.8(c)), 49/2019 s. 186(Sch. 4 item 5.17(c)).\n\n***related deed*** means a deed—\n\n(a) known as an option deed under a primary contract; and\n\n(b) between the holder of the primary contract, or an associated operator, and the Head, Transport for Victoria in accordance with the primary contract—\n\nand if the deed is amended, that deed as amended;\n\n***relevant property*** means property of a holder of a service contract, or an associated operator, which, under a primary contract, the parties to that contract agree is relevant property for the purposes of this Division;\n\n***relevant date***, in relation to an allocation statement under section 30N or relevant property allocated under such a statement, means the date, or the date and time, fixed by the Minister under section 30N(5) for the purposes of that statement;\n\n***rights*** means all rights, powers, privileges and immunities, whether actual, contingent or prospective;\n\n***transferee*** means a person to whom relevant property is allocated under an allocation statement under section 30N;\n\n***transferor*** means the holder of a service contract, or an associated operator, from which relevant property is transferred under an allocation statement under section 30N.\n\nS. 30M inserted by No. 69/2007 s. 53.\n\n\t30M Property of certain holders of service contracts and associated operators\n\n(1) This section applies if—\n\nS. 30M(1)(a) amended by Nos 61/2011 s. 25(Sch. 1 item 1.9), 49/2019 s. 186(Sch. 4 item 5.18).\n\n(a) a provision of a service contract provides for the transfer of relevant property of the holder of that contract, or an associated operator, to the Head, Transport for Victoria or any other person (whether in accordance with that service contract or a related contract or a related deed) in circumstances specified in that contract; and\n\n(b) that provision is expressed to be a transfer provision for the purposes of this Division.\n\nS. 30M(2) amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.18).\n\n(2) The Head, Transport for Victoria may give to the Minister, at a time, or within a period, determined under the primary contract, a statement or statements to be approved by the Minister relating to any or all of the relevant property.\n\nS. 30N inserted by No. 69/2007 s. 53.\n\n\t30N Allocation statement\n\n(1) A statement under section 30M—\n\nS. 30N(1)(a) amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.19(a)).\n\n(a) must allocate relevant property to or between the State and such persons as the Head, Transport for Victoria nominates in writing; and\n\nS. 30N(1)(b) amended by Nos 61/2011 s. 25(Sch. 1 item 1.10), 49/2019 s. 186(Sch. 4 item 5.19(b)).\n\n(b) must be signed by the Head, Transport for Victoria.\n\n(2) If a statement under this section is approved by the Minister—\n\n(a) the Minister must sign the statement; and\n\n(b) the statement is an allocation statement for the purposes of this Division.\n\nS. 30N(3) amended by No. 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.19(a)).\n\n(3) The Minister may at any time direct the Head, Transport for Victoria to amend a statement given under this section as specified in the direction.\n\n(4) An allocation statement under this section may be amended in writing signed by the Minister.\n\n(5) The Minister, by notice published in the Government Gazette, may fix the relevant date for the purposes of an allocation statement under this section.\n\n(6) In this section, ***statement***  and ***allocation statement*** include a statement or allocation statement amended in accordance with this section.\n\nS. 30O inserted by No. 69/2007 s. 53.\n\n\t30O Relevant property transferred in accordance with statement\n\nOn the relevant date, the relevant property that is allocated under an allocation statement under section 30N vests in the State or another person in accordance with the statement.[[1]](#endnote-2)\n\nS. 30P inserted by No. 69/2007 s. 53.\n\n\t30P Allocation of relevant property subject to encumbrances\n\nUnless an allocation statement under section 30N otherwise provides if, under this Division, relevant property vests in a transferee under section 30O, the relevant property so vested is subject to the encumbrances (if any) to which it was subject immediately before so vesting.\n\nS. 30Q (Heading) amended by Nos 61/2011 s. 25(Sch. 1 item 1.11(a)), 49/2019 s. 186(Sch. 4 item 5.20).\n\nS. 30Q inserted by No. 69/2007 s. 53.\n\n\t30Q Certificate signed by the Head, Transport for Victoria\n\nS. 30Q(1) amended by Nos 61/2011 s. 25(Sch. 1 item 1.11(b)), 49/2019 s. 186(Sch. 4 item 5.21(a)).\n\n(1) A certificate signed by the Head, Transport for Victoria certifying that property of the transferor specified in the certificate has been allocated under an allocation statement in accordance with section 30N is, unless revoked under subsection (2), conclusive evidence that the property—\n\n(a) has been so allocated; and\n\n(b) vested in the transferee on the relevant date.\n\nS. 30Q(2) amended by Nos 61/2011 s. 25(Sch. 1 item 1.11(c)(d)), 49/2019 s. 186(Sch. 4 item 5.21).\n\n(2) If the Minister so directs the Head, Transport for Victoria in writing, the Head, Transport for Victoria must revoke a certificate given under subsection (1) by issuing another certificate in place of the first certificate.\n\nS. 30Q(3) amended by Nos 61/2011 s. 25(Sch. 1 item 1.11(e)), 49/2019 s. 186(Sch. 4 item 5.21(b)).\n\n(3) The Head, Transport for Victoria—\n\n(a) must keep a register of certificates issued under this section; and\n\n(b) must make the register reasonably available for inspection by a transferee or other interested person.\n\nS. 30R inserted by No. 69/2007 s. 53, amended by Nos 61/2011 s. 25(Sch. 1 item 1.12), 49/2019 s. 186(Sch. 4 item 5.22).\n\n\t30R Consideration for transferred property\n\nThe consideration payable to the transferor by the Head, Transport for Victoria or a transferee on behalf of the Head, Transport for Victoria in respect of relevant property that is allocated under an allocation statement is the amount determined in accordance with—\n\n(a) the primary contract; and\n\n(b) a related contract.\n\nS. 30S inserted by No. 69/2007 s. 53.\n\n\t30S Former transferor instruments and agreements\n\n(1) Each former transferor instrument relating to former property continues to have effect according to its tenor on and after the relevant date in relation to that property as if a reference in the instrument to the transferor were a reference to the transferee.\n\n(2) Where, under an allocation statement, a transferor's interest in an agreement vests in a transferee under section 30O—\n\n(a) the transferee becomes, on the relevant date, a party to the agreement in place of the transferor; and\n\n(b) on and after the relevant date, the agreement has effect as if the transferee had always been a party to the agreement.\n\nS. 30T inserted by No. 69/2007 s. 53.\n\n\t30T Interests in land\n\nWithout prejudice to the generality of this Division if, immediately before the relevant date, a transferor is, in relation to former property, the registered proprietor of an interest in land under the **Transfer of Land Act 1958**, then on and after that date—\n\n(a) the transferee is to be taken to be the registered proprietor of that interest in land; and\n\n(b) the transferee has the same rights and remedies in respect of that interest as the transferor had.\n\nS. 30U inserted by No. 69/2007 s. 53, amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.23).\n\n\t30U Amendment of Register\n\nThe Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument and certificate of the Head, Transport for Victoria referred to in section 30Q, must make any amendments in the Register that are necessary because of the operation of this Division.\n\nS. 30V inserted by No. 69/2007 s. 53.\n\n\t30V Proceedings\n\nUnless an allocation statement otherwise provides, if, immediately before the relevant date, proceedings relating to former property (including arbitration proceedings) to which a transferor was a party were pending or existing in any court or tribunal, then, on and after that date, the transferee is substituted for the transferor as a party to the proceedings and has the same rights in the proceedings as the transferor had.\n\nS. 30W inserted by No. 69/2007 s. 53.\n\n\t30W Taxes\n\nDuty and any other tax chargeable under an Act is payable in respect of the vesting of relevant property under this Division as if the vesting were effected by an instrument.\n\nS. 30X inserted by No. 69/2007 s. 53.\n\n\t30X Evidence\n\nDocumentary or other evidence that would have been admissible for or against the interests of a transferor in relation to former property if this Division had not been enacted is admissible for or against the interests of the transferee.\n\nS. 30Y inserted by No. 69/2007 s. 53.\n\n\t30Y Validity of things done under this Division\n\n(1) Nothing effected or to be effected by this Division or done or suffered under this Division—\n\n(a) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any person guilty of a civil wrong; or\n\n(b) is to be regarded as placing any person in breach of, or as constituting a default under, any Act or other law or obligation or any provision in any agreement, arrangement or understanding including, but not limited to, any provision or obligation prohibiting, restricting or regulating the assignment, transfer, sale or disposal of any property or the disclosure of any information; or\n\n(c) is to be regarded as fulfilling any condition that allows a person to exercise a power, right or remedy in respect of or to terminate any agreement or obligation; or\n\n(d) is to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a change in the beneficial or legal ownership of any relevant property; or\n\n(e) is to be regarded as causing any contract or instrument to be void or otherwise unenforceable; or\n\n(f) is to be regarded as frustrating any contract; or\n\n(g) releases any surety or other obligor wholly or in part from any obligation.\n\n(2) In this section ***Act*** does not include the Charter of Human Rights and Responsibilities.\n\nS. 30Z inserted by No. 69/2007 s. 53.\n\n\t30Z Corporations Act displacement\n\nThe provisions of this Division are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act in relation to the provisions of Chapter 5 of that Act.\n\n**Note**\n\nSection 5G of the Corporations Act provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency.\n\nPart 4—Miscellaneous\n\nS. 31 amended by No. 52/1998  \ns. 311(Sch. 1 item 80.2), repealed by No. 34/2003 s. 20(b).\n\n* * * * *\n\nS. 32 amended by Nos 28/1996 s. 16(3), 106/1997  \ns. 31(2)(3), 52/1998  \ns. 311(Sch. 1 item 80.3) (as amended by No. 101/1998  \ns. 22(1)(l)), repealed by No. 34/2003 s. 20(b).\n\n* * * * *\n\nS. 33 amended by No. 106/1997 s. 31(4), repealed by No. 34/2003 s. 20(b).\n\n* * * * *\n\n\t34 Fees\n\nS. 34(1) amended by Nos 9/2006 s. 147(1), 47/2006 s. 36(Sch. 2 item 7(a)), 61/2011 s. 25(Sch. 1 item 1.13), 49/2019 s. 186(Sch. 4 item 5.24), 34/2023 s. 127(Sch. 1 item 2.1(a)).\n\n(1) For the purposes of this Act, the Head, Transport for Victoria or Safe Transport Victoria may demand, levy and recover fees in accordance with this section.\n\nS. 34(2) amended by Nos 9/2006 s. 147(2), 47/2006 s. 36(Sch. 2 item 7(b)), 61/2011 s. 25(Sch. 1 item 1.13), 49/2019 s. 186(Sch. 4 item 5.24), 34/2023 s. 127(Sch. 1 item 2.1(b)).\n\n(2) If the Head, Transport for Victoria or Safe Transport Victoria supplies any service under this Act, there may be charged a fee determined by the Head, Transport for Victoria or Safe Transport Victoria (as the case requires) with the approval of the Minister (not exceeding the prescribed amount, if any).\n\nS. 34(3) amended by Nos 9/2006 s. 147(1), 47/2006 s. 36(Sch. 2 item 7(c)), 61/2011 s. 25(Sch. 1 item 1.13), 49/2019 s. 186(Sch. 4 item 5.24), 34/2023 s. 127(Sch. 1 item 2.1(a)).\n\n(3) The Head, Transport for Victoria or Safe Transport Victoria must cause a copy of a determination under subsection (2) to be published in the Government Gazette.\n\n(4) The section does not affect the operation of a provision of this Act or the regulations relating to fees to which this section applies.\n\nS. 34(5) amended by Nos 9/2006 s. 147(3), 47/2006 s. 36(Sch. 2 item 7(d)), 61/2011 s. 25(Sch. 1 item 1.13), 49/2019 s. 186(Sch. 4 item 5.24), 34/2023 s. 127(Sch. 1 item 2.1(a)).\n\n(5) A fee levied under this section must be paid to the Head, Transport for Victoria or Safe Transport Victoria (as the case requires) by the person at whose request the service is supplied.\n\nS. 34(6) amended by Nos 9/2006 s. 147(3), 47/2006 s. 36(Sch. 2 item 7(e)), 61/2011 s. 25(Sch. 1 item 1.13), 49/2019 s. 186(Sch. 4 item 5.24), 34/2023 s. 127(Sch. 1 item 2.1(a)).\n\n(6) A fee due to the Head, Transport for Victoria or Safe Transport Victoria (as the case requires) under this section may be recovered as a debt in a court of competent jurisdiction.\n\n(7) If the fee is not paid within 30 days after the date that it was required to be paid, the amount payable includes an additional amount by way of interest on the fee due at the rate for the time being fixed under section 2 of the **Penalty Interest Rates Act 1983**.\n\nS. 35 amended by Nos 28/1996  \ns. 14, 45/1999 s. 35(6), 9/2006 s. 148, 47/2006 s. 36(Sch. 2 item 8), repealed by No. 61/2011 s. 25(Sch. 1 item 1.14).\n\n* * * * *\n\n\t36 No compensation payable\n\nS. 36(1) amended by No. 9/2006 s. 149(1), repealed by No. 47/2006 s. 35(2).\n\n* * * * *\n\nS. 36(1A) inserted by No. 45/1999 s. 36, amended by Nos 61/2011 s. 25(Sch. 1 item 1.15), 49/2019 s. 186(Sch. 4 item 5.25).\n\n(1A) No compensation is payable to any person in respect of or as a consequence of any decision of the Head, Transport for Victoria under this Act—\n\n(a) to enter into or not to enter into a service contract with any person;\n\n(b) not to renew a service contract;\n\nS. 36(1A)(ba) inserted by No. 47/2006 s. 35(3).\n\n(ba) to prohibit a person from driving a vehicle;\n\n(c) to vary, suspend or cancel a service contract.\n\nS. 36(1B) inserted by No. 9/2006 s. 149(2), repealed by No. 13/2009 s. 82(4) (as amended by No. 19/2010 s. 62).\n\n* * * * *\n\nS. 36(2) repealed by No. 13/2009 s. 82(4) (as amended by No. 19/2010 s. 62).\n\n* * * * *\n\nS. 37 amended by No. 45/1999 s. 37 (ILA s. 39B(1)).\n\n\t37 Supreme Court—limitation of jurisdiction\n\n(1) It is the intention of this section to alter or vary section 85 of the **Constitution Act 1975** to the extent necessary to prevent the Supreme Court awarding compensation in respect of or as a consequence of any decision referred to in section 36(1) or any matter referred to in section 36(2) or entertaining proceedings referred to in section 36(2).\n\nS. 37(2) inserted by No. 45/1999 s. 37.\n\n(2) It is the intention of section 36(1A) to alter or vary section 85 of the **Constitution Act 1975**.\n\n\t38 Regulations\n\n(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.\n\nS. 38(1A) inserted by No. 13/2009 s. 82(5) (as amended by No. 19/2010 s. 66).\n\n(1A) Without limiting the generality of subsection (1), regulations may be made under this Act for or with respect to—\n\n(a) service standards or other requirements, restrictions or conditions which are to apply in the provision of bus services;\n\n(b) prescribing a class of bus service to be a regular passenger service;\n\n(c) prescribing a class of bus service not to be a regular passenger service;\n\n(d) regulating the standards relating to the maintenance of buses, including in relation to safety equipment or devices to be installed on buses;\n\n(e) regulating or requiring the examination, testing, maintenance or repair of buses, or equipment in, or on, a bus;\n\n(f) imposing duties on drivers.\n\nS. 38(1B) inserted by No. 13/2009 s. 82(5) (as amended by No. 19/2010 s. 66).\n\n(1B) For the purposes of this section, ***service standards or other requirements, restrictions or conditions*** includes any matter relating to—\n\n(a) the condition of a bus and the equipment to be installed in, or objects to be attached to, a bus;\n\n(b) the conduct, powers and obligations of the driver of a bus;\n\n(c) ticketing, fares and timetables;\n\n(d) the operation of a bus for a particular purpose.\n\n(2) A power conferred by this Act to make regulations may be exercised—\n\n(a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified case or class of case; and\n\n(b) so as to make, as respects the cases in relation to which the power is exercised—\n\n(i) the same provision for all cases in relation to which the power is exercised, or different provisions for different cases or classes of case, or different provisions for the same case or class of case for different purposes; or\n\n(ii) any such provision either unconditionally or subject to any specified condition.\n\n(3) Regulations made under this Act may be made—\n\n(a) so as to apply—\n\n(i) at all times or at a specified time; or\n\n(ii) throughout the whole of the State or in a specified part of the State; or\n\n(iii) as specified in both subparagraphs (i) and (ii); and\n\n(b) so as to require a matter affected by the regulations to be—\n\n(i) in accordance with a specified standard or specified requirement; or\n\n(ii) approved by or to the satisfaction of a specified person or a specified class of person; or\n\n(iii) as specified in both subparagraphs (i) and (ii); and\n\n(c) so as to apply, adopt or incorporate any matter contained in any document whatsoever whether—\n\n(i) wholly or partially or as amended by the regulations; or\n\n(ii) as in force at a particular time or as in force from time to time; and\n\n(d) so as to confer a discretionary authority or impose a duty on a specified person or a specified class of person; and\n\n(e) so as to provide in a specified case or class of case for the exemption of people or things or a class of people or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified; and\n\n(f) so as to impose a penalty not exceeding 20 penalty units for a contravention of the regulations.\n\nS. 38A inserted by No. 19/2010 s. 71.\n\n\t38A Extension of operation of Regulations\n\n(1) Unless sooner revoked, the Public Transport Competition Regulations 1999 are revoked on 31 December 2010.\n\n(2) Section 5 of the **Subordinate Legislation Act 1994** does not apply to the Public Transport Competition Regulations 1999.\n\n(3) This section applies despite anything to the contrary in the Subordinate Legislation (Public Transport Competition Regulations 1999 - Extension of Operation) Regulations 2009.\n\nS. 39 amended by Nos 106/1997 s. 32(a)(b), 6/1999 s. 6, repealed by No. 13/2009 s. 82(6).\n\n* * * * *\n\nNew s. 40 inserted by No. 106/1997 s. 33, amended by No. 6/1999 s. 7, repealed by No. 13/2009 s. 82(6).\n\n* * * * *\n\nPt 5 (Heading and ss 40–48) repealed by No. 28/1996 s. 15.\n\n* * * * *\n\n\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n*Minister's second reading speech—*\n\n*Legislative Assembly: 11 May 1995*\n\n*Legislative Council: 3 October 1995*\n\nThe long title for the Bill for this Act was \"A Bill to improve the operation of road-based public transport by providing for the accreditation of operators and implementing a system of service contracts for certain types of transport service, to amend the **Transport Act 1983** and for other purposes.\".\n\n**Constitution Act 1975**:\n\n*Section 85(5) statement:*\n\n*Legislative Assembly: 11 May 1995*\n\n*Legislative Council: 3 October 1995*\n\n*Absolute majorities:*\n\n*Legislative Assembly: 5 September 1995*\n\n*Legislative Council: 10 October 1995*\n\nThe **Public Transport Competition Act 1995** was assented to on 17 October 1995 and came into operation as follows:\n\nPart 1 (sections 1–4) on 17 October 1995: section 2(1); sections 40–42,  \n45–48 on 23 November 1995: Government Gazette 23 November 1995 page 3234; rest of Act on 17 April 1996: section 2(3).\n\nThe title of this Act was changed from the **Public Transport Competition Act 1995** to the **Bus Services Act 1995** by section 83(1) of the **Bus Safety Act 2009**, No. 13/2009.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Bus Services Act 1995** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Transport (Rail Safety) Act 1996, No. 28/1996**\n\n| Assent Date: | 22.10.96 |\n| --- | --- |\n| Commencement Date: | Ss 13–15, 16(3) on 1.1.98: s. 2(4) |\n| Current State: | This information relates only to the provision/s amending the **Bus Services Act 1995** |\n\n\n**Transport Acts (Amendment) Act 1997, No. 106/1997**\n\n| Assent Date: | 16.12.97 |\n| --- | --- |\n| Commencement Date: | Ss 30, 31(1)–(3), 32 on 17.3.98: Government Gazette 12.3.98 p. 520; ss 28, 29, 31(4), 33 on 1.7.98: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Bus Services Act 1995** |\n\n\n**Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998** (as amended by No. 101/1998)\n\n| Assent Date: | 2.6.98 |\n| --- | --- |\n| Commencement Date: | S. 311(Sch. 1 items 80.1, 80.2) on 1.7.98: Government Gazette 18.6.98 p. 1512 |\n| Current State: | This information relates only to the provision/s amending the **Bus Services Act 1995** |\n\n\n**Transport Acts (Further Amendment) Act 1999, No. 6/1999**\n\n| Assent Date: | 28.4.99 |\n| --- | --- |\n| Commencement Date: | Ss 3–7 on 28.4.99: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Bus Services Act 1995** |\n\n\n**Rail Corporations and Transport Acts (Amendment) Act 1999, No. 45/1999**\n\n| Assent Date: | 8.6.99 |\n| --- | --- |\n| Commencement Date: | Pt 4 (ss 35–37) on 8.6.99: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Bus Services Act 1995** |\n\n\n**Essential Services Commission Act 2001, No. 62/2001**\n\n| Assent Date: | 23.10.01 |\n| --- | --- |\n| Commencement Date: | S. 95 on 1.1.02: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Bus Services Act 1995** |\n\n\n**Transport (Miscellaneous Amendments) Act 2003, No. 34/2003**\n\n| Assent Date: | 27.5.03 |\n| --- | --- |\n| Commencement Date: | Ss 19, 20 on 28.5.03: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Bus Services Act 1995** |\n\n\n**Transport Legislation (Miscellaneous Amendments) Act 2004, No. 49/2004**\n\n| Assent Date: | 16.6.04 |\n| --- | --- |\n| Commencement Date: | Ss 18, 19 on 17.6.04: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Bus Services Act 1995** |\n\n\n**Transport Legislation (Further Miscellaneous Amendments) Act 2005, No. 95/2005**\n\n| Assent Date: | 29.11.05 |\n| --- | --- |\n| Commencement Date: | Ss 6–8 on 10.2.06: Government Gazette 9.2.06 p. 208 |\n| Current State: | This information relates only to the provision/s amending the **Bus Services Act 1995** |\n\n\n**Rail Safety Act 2006, No. 9/2006**\n\n| Assent Date: | 4.4.06 |\n| --- | --- |\n| Commencement Date: | S. 147 on 25.7.06; ss 130–146, 148, 149 on 1.8.06: Special Gazette (No. 181) 25.7.06 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Bus Services Act 1995** |\n\n\n**Transport Legislation (Further Amendment) Act 2006, No. 47/2006**\n\n| Assent Date: | 25.7.06 |\n| --- | --- |\n| Commencement Date: | S. 36(Sch. 2 items 1–8) on 26.7.06: s. 2(1); s. 35(1)(3) on 8.8.06: Special Gazette (No. 199) 8.8.06 p. 1; s. 35(2) on 1.7.07: s. 2(6) |\n| Current State: | This information relates only to the provision/s amending the **Bus Services Act 1995** |\n\n\n**Transport Legislation Amendment Act 2007, No. 69/2007**\n\n| Assent Date: | 11.12.07 |\n| --- | --- |\n| Commencement Date: | S. 42 on 1.7.07: s. 2(5); ss 41, 43‑53 on 12.12.07: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Bus Services Act 1995** |\n\n\n**Fair Trading and Consumer Acts Further Amendment Act 2008, No. 2/2008**\n\n| Assent Date: | 11.2.08 |\n| --- | --- |\n| Commencement Date: | S. 58 on 1.12.08: s. 2(4) |\n| Current State: | This information relates only to the provision/s amending the **Bus Services Act 1995** |\n\n\n**Bus Safety Act 2009, No. 13/2009** (as amended by No. 19/2010)\n\n| Assent Date: | 7.4.09 |\n| --- | --- |\n| Commencement Date: | S. 80 on 8.4.09: s. 2(1); ss 81–84 on 31.12.10: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Bus Services Act 1995** |\n\n\n**Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009**\n\n| Assent Date: | 24.11.09 |\n| --- | --- |\n| Commencement Date: | S. 54(Sch. Pt 2 item 41) on 1.1.10: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Bus Services Act 1995** |\n\n\n**Transport Integration Act 2010, No. 6/2010** (as amended by No. 45/2010)\n\n| Assent Date: | 2.3.10 |\n| --- | --- |\n| Commencement Date: | Ss 24(5)(Sch. 1 item 11), 203(1)(Sch. 6 item 39) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Bus Services Act 1995** |\n\n\n**Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010, No. 19/2010**\n\n| Assent Date: | 18.5.10 |\n| --- | --- |\n| Commencement Date: | S. 71 on 22.5.10: Government Gazette 20.5.10 p. 988 |\n| Current State: | This information relates only to the provision/s amending the **Bus Services Act 1995** |\n\n\n**Transport Legislation Amendment (Public Transport Safety) Act 2011, No. 49/2011**\n\n| Assent Date: | 22.9.11 |\n| --- | --- |\n| Commencement Date: | S. 33 on 5.10.11: Special Gazette (No. 313) 4.10.11 p. 1 (see Erratum: Special Gazette (No. 315) 4.10.11 p. 1) |\n| Current State: | This information relates only to the provision/s amending the **Bus Services Act 1995** |\n\n\n**Transport Legislation Amendment (Public Transport Development Authority) Act 2011, No. 61/2011**\n\n| Assent Date: | 15.11.11 |\n| --- | --- |\n| Commencement Date: | S. 25 on 15.12.11: Special Gazette (No. 407) 13.12.11 p. 1; Sch. 1 item 1 on 2.4.12: Special Gazette (No. 101) 27.3.12 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Bus Services Act 1995** |\n\n\n**Statute Law Revision Act 2013, No. 70/2013**\n\n| *Assent Date:* | 19.11.13 |\n| --- | --- |\n| *Commencement Date:* | S. 4(Sch. 2 item 7) on 1.12.13: s. 2(1) |\n| *Current State:* | This information relates only to the provision/s amending the **Bus Services Act 1995** |\n\n\n**Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017, No. 3/2017**\n\n| Assent Date: | 14.2.17 |\n| --- | --- |\n| Commencement Date: | S. 50(Sch. 1 item 1) on 12.4.17: Special Gazette (No. 117) 12.4.17 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Bus Services Act 1995** |\n\n\n**Transport Legislation Amendment Act 2019, No. 49/2019**\n\n| Assent Date: | 3.12.19 |\n| --- | --- |\n| Commencement Date: | S. 186(Sch. 4 item 5) on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Bus Services Act 1995** |\n\n\n**Transport Legislation Amendment Act 2023, No. 34/2023**\n\n| Assent Date: | 21.11.23 |\n| --- | --- |\n| Commencement Date: | S. 127(Sch. 1 item 2) on 22.11.23: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Bus Services Act 1995** |\n\n\n**Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025, No. 25/2025**\n\n| Assent Date: | 5.8.25 |\n| --- | --- |\n| Commencement Date: | S. 106(Sch. 1 item 6) on 6.8.25: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Bus Services Act 1995** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\n1. S. 30O: The amendment proposed by section 25(Schedule 1 item 1.9) of the **Transport Legislation Amendment (Public Transport Development Authority) Act 2011**, No. 61/2011 is not included in this publication due to an incorrect reference to section 30O(1)(a).\n\n  Schedule 1 item 1.9 reads as follows:\n\n  1 Bus Services Act 1995\n\n  1.9 In sections 30M(1)(a) and 30O(1)(a) for \"State\" **substitute** \"Public Transport Development Authority\". [↑](#endnote-ref-2)","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1995 purpose of 'improving road-based public transport through accreditation and service contracts.' The original Act included operator accreditation (now removed to the Bus Safety Act 2009), competition provisions, and broader public transport regulation. The 2007 amendments added the complex two-stage procurement process (Division 4) and the asset transfer scheme (Division 5)—essentially creating a statutory framework for compulsory acquisition and transfer of private property when contracts change hands. The 2009 amendments stripped out most safety/accreditation functions, narrowing the Act's focus to contract management but deepening its complexity in property and procurement matters. The Act has transformed from a broad public transport competition statute into a specialised commercial contract and asset-transfer mechanism."},"complexity_factors":["Extensive cross-referencing to other Acts including the Bus Safety Act 2009, Transport Integration Act 2010, Transport (Compliance and Miscellaneous) Act 1983, and Corporations Act","Mathematical formula in section 30B(2)-(3) for determining 'materially affected' status using 'vehicle service kilometres' (vskms)","Nested conditional logic in Division 4 (sections 30A-30K) with multiple stages, exceptions, and branching pathways for procurement processes","27 defined terms in section 30A alone, plus numerous others throughout","Complex property transfer mechanisms in Division 5 (sections 30L-30Z) with automatic vesting, encumbrance preservation, and statutory substitution in legal proceedings","Multiple repealed and substituted sections with extensive amendment history (45 versions)","Interaction between exclusive rights, extinguishment provisions, and public interest tests","Discretionary powers subject to procedural requirements (consultation, time limits, Gazette notices)"],"plain_english_summary":"**What this law does:**\n\nThis is the **Bus Services Act 1995** (formerly called the Public Transport Competition Act 1995), a Victorian law that sets up a system of **service contracts** for bus companies operating regular passenger services—think route buses and on-demand buses that follow set routes or respond to passenger requests.\n\n**Key points:**\n\n- **No contract, no service:** It's illegal to operate or offer a regular passenger bus service in Victoria without a service contract from the government (specifically, the Head of Transport for Victoria). Breaking this rule attracts heavy fines (up to 100 penalty units).\n\n- **What contracts cover:** Service contracts can last up to 10 years and must spell out service standards, minimum service levels, maximum fares, how the operator gets paid (including subsidies), and penalties for poor performance. They can also grant **exclusive rights** to operate on specific routes or in specific regions.\n\n- **Changing or ending contracts:** The government can vary, suspend, or cancel contracts if operators seriously breach terms or commit offences under the Act. Operators automatically lose their contract if they lose their safety accreditation.\n\n- **Adding new services (the complicated bit):** If the government wants to introduce a new bus service that overlaps with an existing operator's exclusive territory, there's a detailed two-stage negotiation process. Existing operators get first shot at running the new service. If they can't agree on terms, the government can extinguish their exclusive rights and give the contract to someone else—**but only if** it's in the public interest or the overlap is \"material\" (calculated using a mathematical formula involving \"vehicle service kilometres\").\n\n- **Transferring assets:** When contracts change hands, the Act provides a streamlined mechanism for transferring buses, depots, and other property from the old operator to the new one, including automatic transfer of land titles and existing contracts.\n\n- **No compensation:** Importantly, the government can make decisions about who gets contracts (or doesn't) without paying compensation, and the Supreme Court can't award compensation for these decisions.\n\n**Who it affects:**\n- Bus operators wanting to run regular services in Victoria\n- Passengers who rely on bus services\n- The Department of Transport and Planning (which manages the contracts)\n\n**Why it matters:**\nThis law ensures bus services meet government standards for safety, reliability, and coverage while giving the state control over who operates where. It balances protecting existing operators' investments with the need to improve services for the public."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Compared with the Act’s original long title (implement accreditation and service contracts for certain road-based public transport), the current version has materially broadened and deepened the State’s statutory toolkit. Key additions and scope expansions include: (a) detailed staged procurement and negotiated-rights procedures for introducing new services (ss 30A–30K) rather than a simple accreditation/contracting framework; (b) a comprehensive statutory regime for allocation and vesting of operators’ property and contractual rights to the State or nominated transferees (ss 30L–30Y), including procedural effects on land titles, proceedings and encumbrances; (c) explicit civil-penalty treatment of contract penalties (s 27A) and limits on compensation and certain judicial remedies (ss 36, 37); and (d) wider administrative powers for the Head and the Minister (declarations under s 4A, fee-making under s 34, broad regulation-making under s 38). These changes shift the Act from a comparatively narrow market-entry and accreditation statute towards a comprehensive statutory regime for contracting, procurement, asset transfer and centralized control of network design. Sections cited: ss 30A–30K (procurement), ss 30L–30Z (property transfer), s 27A (civil penalties), s 4A (declaration power), ss 36–37 (compensation/ remedies)."},"complexity_factors":["Multiple statutory definitions across s 3 and Division-specific definitions (20+ defined terms relevant to contracting and procurement).","Procurement procedure with conditional branches and timelines (ss 30D–30K): Stage 1 and Stage 2, negotiation periods, success/failure paths and extinguishment of exclusivity.","Numerical, formulaic test for \"materially affected\" in s 30B using vehicle service kilometres (vskms) and proportional overlap; introduces measurement and calculation complexity.","Extensive asset-transfer regime in ss 30L–30Y: allocation statements, Ministerial approval, vesting, treatment of encumbrances, substitution in proceedings, registry amendments and tax duties.","Cross-references to multiple other Acts (Bus Safety Act 2009, Transport Integration Act 2010, Corporations Act, Road Safety Act 1986, Interpretation of Legislation Act 1984) increasing interpretive complexity.","Significant administrative discretion: Head, Secretary and Minister have overlapping decision points (declarations, contract awards, allocation statements, fee approvals).","Enforcement and remedy rules: civil-penalty provisions in contracts (s 27A), debt recovery, limits on compensation and intended limits on Supreme Court jurisdiction (ss 27A, 36, 37).","Regulation-making power with broad scope (service standards, safety, driver duties, ticketing, fare structure) and multiple forms of application (s 38 and 38(1A)–(1B)).","Corporations Act displacement clause (s 30Z) creates potential inconsistency-resolving complexity when corporate law issues arise.","Patchwork of historical amendments and repeals (many insertion/repeal notes) meaning interpretation requires checking amendment history and external instruments."],"plain_english_summary":"**What this law does (mechanics first)**\n\n- Creates a formal system of *service contracts* that a bus operator must hold to run a \"regular passenger service\" in Victoria (see section 25). Operating or offering such services without a service contract attracts a penalty (100 penalty units) unless the operator is authorised under a subcontract permitted by the primary contract (s 25(1)–(3)).\n\n- Gives the Head, Transport for Victoria (the Head) power to enter into, invite tenders for, and set the terms of service contracts with accredited operators (s 26). The Secretary may determine principles the Head may apply when awarding contracts and those principles must be given to tenderers (s 26(4)–(4A)).\n\n- Prescribes what service contracts must and may contain: term limits (maximum 10 years), termination rules, service standards and minimum service levels, fare limits, payment/remuneration arrangements (including subsidies), penalties, bonds and other contractual mechanisms (s 27(1)–(5), s 27A). Some penalty clauses can be treated and enforced as civil penalties recoverable as a debt to the State (s 27A).\n\n- Requires service contracts to specify a route or region of operation and allows those contracts to confer exclusive rights to operate in that route/region subject to this Act and regulations (s 28(1)–(6)).\n\n- Sets out a staged procurement process for introducing new regular passenger services where existing contract holders may be \"affected\" or \"materially affected\" (ss 30A–30K). The Head must first negotiate with affected contract holders (stage 1), and if negotiations fail and some holders are materially affected, a second procurement stage applies with special rules and timelines (ss 30D–30K). The Act contains a formula (based on vehicle service kilometres, \"vskms\") to decide when an affected holder is \"materially affected\" (s 30B).\n\n- Provides a mechanism for transferring property used in operating services (rolling stock, equipment, contractual rights, land interests and other assets) through an *allocation statement* signed by the Head and approved by the Minister; on the relevant date the property vests in the transferee and associated procedural effects (vesting, register amendment, substitution in proceedings, treatment of encumbrances and taxes) follow (ss 30L–30Y). Those provisions can displace inconsistent provisions in the Corporations Act to the extent necessary (s 30Z).\n\n- Gives the Head administrative powers including declaring certain services to be (or not be) regular passenger services after consultation, making fees (s 4A, s 34), varying/suspending/cancelling service contracts for serious failures or offences (s 30), and making arrangements for temporary replacement services (s 30(4)).\n\n- Limits compensation and judicial remedies for decisions under the Act: no compensation for decisions to enter/not enter or vary/suspend/cancel a service contract (s 36(1A)); the Act signals an intention to limit Supreme Court compensation jurisdiction in specified cases (s 37).\n\n- Grants regulation-making power for service standards, classes of services, maintenance and driver duties, and allows penalties (up to 20 penalty units) for regulation breaches (s 38(1A)–(1B), s 38(3)(f)).\n\n\n**Who this affects**\n\n- Bus operators and accredited persons: they must hold service contracts to lawfully provide regular passenger services and meet contractually-prescribed standards, fare rules and performance requirements (ss 25, 26, 27, 28).\n\n- Existing holders of service contracts: may be \"affected\" or \"materially affected\" by new services and are given staged negotiation/procurement rights; their exclusive rights can be extinguished to the extent necessary to allow new services (ss 30A–30K).\n\n- Associated operators and third parties who hold property used in services: property can be allocated/transferred by allocation statements, and existing contractual rights and ongoing proceedings can be transferred to transferees (ss 30L–30V).\n\n- The Head, Transport for Victoria and the Minister: they exercise discretion over declarations, procurement, allocation statements, fees and enforcement (ss 4A, 26, 30, 30M–30N, 34).\n\n- Passengers and the public: indirectly affected through service standards, minimum service levels, fare caps and decisions about which services are provided.\n\n\n**Why it matters (purpose claims and practical tests)**n\nThe Act’s stated purpose is to implement a system of service contracts and prescribe service standards for bus services (s 1). The statute operationalises that purpose by creating: a contract-first market entry rule; an administrative procurement process for allocating new services; mechanisms to give and extinguish exclusivity; statutory pathways to transfer assets and contractual rights; and enforcement and fee powers.\n\nTesting the source’s purpose-claims against costs, incentives and trade-offs:\n\n- Who pays: operators bear compliance costs (accreditation, tendering, contractual performance, bonds, penalties), may have to provide or forfeit exclusive routes if procurement outcomes require it, and may receive or pay consideration for transferred property determined under contracts (ss 25, 27, 30R). The State (via the Head/Minister) pays consideration when acquiring property under allocation statements as determined by the contracts (s 30R).\n\n- Who decides: the Head (and Minister for allocation approval) holds significant discretion over procurement, declarations, contract awards, and allocation statements (ss 4A, 26, 30D–30K, 30N). The Secretary sets principles applied in awarding contracts (s 26(4)–(4A)). Regulations further flesh out standards and duties (s 38).\n\n- Behavioural change: operators must participate in competitive or negotiated procurement, comply with contractually-set service standards, and may restructure operations to meet service obligations or protect against having exclusive rights extinguished. The possibility of property vesting under allocation statements changes incentives around investment in infrastructure or fleet (ss 27, 30D–30K, 30L–30R).\n\n- Trade-offs and opportunity costs: the Act prioritises government-directed allocation of services and oversight over a free-entry model. That can centralise planning and create predictability for integrated network design, but it concentrates decision-making power in administrative hands and may reduce operators’ bargaining leverage. The Act limits compensation (s 36) which reduces State financial exposure but increases commercial risk for operators.\n\n- Implementation and compliance risk: the rules create procedural complexity (staged procurement, formulaic tests for being materially affected), valuation and timing risk when property transfers occur, and uncertainty where the Head has broad discretion (ss 30B, 30C, 30N, 30R). Enforcement via civil-penalty provisions and statutory debt recovery (s 27A) increases compliance stakes.\n\n- Effects on private choice and competition: the Act permits exclusive rights to support contract stability but also contains clear mechanisms allowing the State to extinguish exclusivity when introducing new services. That design creates concentrated, identifiable benefits for successful contractors and diffuse costs across operators who may lose exclusivity or face new competition (ss 28, 30D–30K).\n\n\n**Key practical points for operators and advisors**\n\n- Do not operate a regular passenger service without a service contract: criminal/penalty exposure (s 25).\n- Check whether a route is a declared regular passenger service — the Head can add or remove services after consultation (s 4A).\n- Contracts are limited to 10 years and can include civil-penalty clauses that the State can recover as a debt (ss 27(1), 27A).\n- If a new service is proposed, affected holders get priority negotiation rights under a rigid timetable; if negotiations fail their exclusivity can be extinguished to permit new contracts (ss 30D–30K).\n- Property used in providing services can be allocated/vested to the State or another transferee by allocation statement approved by the Minister, with legal substitution in contracts and proceedings; participants should understand the primary contract clauses that trigger transfer and how consideration is determined (ss 30M–30R).\n- The Act restricts compensation for many State decisions and signals limits on Supreme Court remedies in specific circumstances (ss 36, 37).\n\n\n**Relevant sections cited (selective)**\n\n- Requirement to hold a service contract: s 25\n- Contracting powers and tendering principles: s 26 (and 26(4A))\n- Contract content and limits: s 27; civil penalty treatment: s 27A\n- Regions/routes and exclusivity: s 28\n- Procurement stages for new services: ss 30A–30K (includes materially affected test at s 30B)\n- Property allocation and vesting process: ss 30L–30O, 30Q–30R\n- Fees, regulation-making and standards: ss 34, 38\n- No-compensation clause and limitation on remedies: ss 36, 37\n\n\n**Bottom line (neutral, mechanical)**\n\nThe Act converts bus network control into a contract-driven regulatory architecture. It compels operators to work through service contracts, gives the Head and Minister significant powers to allocate routes and transfer assets, sets out staged procurement and negotiation rights for affected operators, and limits compensation and some judicial remedies. These mechanisms concentrate decision rights with State officials and create legal pathways that change commercial incentives for investment, bidding behaviour and contract performance."},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The original title — *Public Transport Competition Act 1995* — strongly suggests the law was initially designed to manage competitive tendering and market-based reform in public transport, consistent with 1990s microeconomic reform trends. The rename to *Bus Services Act 1995* indicates the scope evolved away from pure competition regulation toward broader service delivery, licensing, and operational oversight of bus services specifically."},"complexity_factors":["Limited information provided in the source text — only metadata and version history visible, no substantive provisions analysed","The Act has been consolidated and amended multiple times since 1995, meaning current obligations may differ significantly from the original","Name change from Public Transport Competition Act suggests a substantive shift in regulatory focus, adding interpretive complexity","Intersection with other Victorian transport laws (e.g. Transport Integration Act 2010) likely adds layered obligations","Licensing and accreditation regimes in transport law can be technically complex for operators to navigate"],"plain_english_summary":"The Bus Services Act 1995 (Victoria) is the legal framework that governs who may operate bus services, under what conditions, and how those services are overseen. It affects bus operators, their staff and subcontractors, passengers, and the Victorian Government — ensuring safety, accountability, regulated routes and standards so bus transport runs reliably and lawfully."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/bus-services-act-1995","history":"/api/acts/bus-services-act-1995/history","analysis":"/api/acts/bus-services-act-1995/analysis","conflicts":"/api/acts/bus-services-act-1995/conflicts","importantCases":"/api/acts/bus-services-act-1995/important-cases","documents":"/api/acts/bus-services-act-1995/documents"}}