{"id":"nsw:act-2014-046","name":"Passenger Transport Act 2014","slug":"passenger-transport-act-2014","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"46 of 2014","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29779,"registerId":"nsw-act-2014-046-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Passenger Transport Act 2014](/view/html/inforce/current/act-2014-046).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Objects of Act","content":"#### 3 Objects of Act\n\n3 Objects of Act\n\n> The objects of this Act are as follows—\n> \n> > (a) to facilitate the delivery of safe, reliable, efficient and integrated public passenger services that are responsive to customer needs,\n> \n> > (b) to regulate certain public passenger services and the providers of those services,\n> \n> > (c) to facilitate a flexible service procurement framework for public passenger services for the State that—\n> > \n> > > (i) establishes clear lines of accountability for operators of services, and\n> > \n> > > (ii) provides mechanisms to improve access to public transport, and\n> > \n> > > (iii) encourages innovation in service development, including the use of new technologies.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n4 Definitions\n\n> > (1) In this Act—\n> > \n> > accredited means accredited under this Act for the time being.\n> > \n> > air route licence means a licence for a regulated air route in force under Division 2 of Part 3.\n> > \n> > air transport service—see section 7.\n> > \n> > authorised means authorised under this Act for the time being.\n> > \n> > authorised officer means an authorised officer appointed under Division 1 of Part 9 or a police officer.\n> > \n> > Board of Inquiry means a Board of Inquiry constituted by the Minister under section 140.\n> > \n> > bus means—\n> > \n> > > (a) a motor vehicle that seats more than 12 adults, or\n> > \n> > > (b) a vehicle of any class prescribed by the regulations for the purposes of this definition.\n> > \n> > bus service means a public passenger service provided by a bus, and includes a community transport service that provides transport by bus.\n> > \n> > charter service means a public passenger service provided by a bus or a ferry where—\n> > \n> > > (a) the provision of the service is pre-booked for hire for an agreed fee and individual fares are not payable by the passengers to the operator or driver, and\n> > \n> > > (b) the hirer is entitled to determine the route for the journey and the time of travel, and\n> > \n> > > (c) all passengers’ journeys have a common origin or common destination, or both, and\n> > \n> > > (d) the service is not provided in accordance with a fixed schedule.\n> > \n> > Chief Investigator means the Chief Investigator of the Office of Transport Safety Investigations appointed under section 45 of the [Transport Administration Act 1988](/view/html/inforce/current/act-1988-109).\n> > \n> > close associate—see section 13.\n> > \n> > community transport service—see section 6.\n> > \n> > driver of a vehicle means the person who drives the vehicle or, if it is an aircraft or a vessel, is the pilot of the aircraft or the master for the time being of the vessel and drive a vehicle includes pilot an aircraft or vessel.\n> > \n> > driver authority means an authority to drive a vehicle granted under Part 4.\n> > \n> > fare includes any consideration paid or given to use a public passenger service (whether or not it is paid or given to the operator or driver), but does not include a consideration of a kind prescribed by the regulations for the purposes of this definition.\n> > \n> > ferry means—\n> > \n> > > (a) a vessel that seats more than 8 adults, or\n> > \n> > > (b) a vessel of any class prescribed by the regulations for the purposes of this definition.\n> > \n> > ferry service means a public passenger service provided by means of a ferry.\n> > \n> > IPART means the Independent Pricing and Regulatory Tribunal established under the [Independent Pricing and Regulatory Tribunal Act 1992](/view/html/inforce/current/act-1992-039).\n> > \n> > licensed means licensed under this Act for the time being.\n> > \n> > motor vehicle means a vehicle that is built to be propelled by a motor that forms part of the vehicle, but does not include an aircraft, a train or a vessel.\n> > \n> > operate a public passenger service means to carry on the business of providing the service.\n> > \n> > passenger—see section 5 (6).\n> > \n> > passenger service contract means a contract entered into under Division 1 of Part 3.\n> > \n> > premises include a vehicle.\n> > \n> > public passenger service—see section 5 (1).\n> > \n> > rail passenger service means the carriage of passengers for a fare by train, but does not include any rail passenger service of a class prescribed for the purposes of this definition.\n> > \n> > railway has the same meaning as it has in the [Rail Safety National Law (NSW)](/view/html/inforce/current/act-2012-82a), but does not include a railway to which that Law does not apply.\n> > \n> > railway operations has the same meaning as it has in the [Rail Safety National Law (NSW)](/view/html/inforce/current/act-2012-82a), but does not include any thing to which that Law does not apply.\n> > \n> > railway premises has the same meaning as it has in the [Rail Safety National Law (NSW)](/view/html/inforce/current/act-2012-82a), and includes a vehicle being used by the operator of a rail passenger service for the carriage of passengers in connection with that service, but does not include any railway premises to which that Law does not apply.\n> > \n> > regular air service—see section 7 (4).\n> > \n> > regulated air route means an air route declared to be a regulated air route under section 7 (2).\n> > \n> > road means a road within the meaning of section 4 (1) of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018) (other than a road that is the subject of a declaration made under section 18 (1) (b) of that Act relating to all of the provisions of that Act).\n> > \n> > road related area means a road related area within the meaning of section 4 (1) of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018) (other than a road related area that is the subject of a declaration made under section 18 (1) (b) of that Act relating to all of the provisions of that Act).\n> > \n> > smartcard has the same meaning as in the [Passenger Transport Act 1990](/view/html/inforce/current/act-1990-039).\n> > \n> > smartcard reader has the same meaning as in the [Passenger Transport Act 1990](/view/html/inforce/current/act-1990-039).\n> > \n> > Sydney Metro means Sydney Metro constituted under the [Transport Administration Act 1988](/view/html/inforce/current/act-1988-109).\n> > \n> > tourist service means a public passenger service provided by a bus or ferry or other vehicle prescribed by the regulations for the purposes of this definition that is a pre-booked service designed to transport tourists to destinations on a publicly available itinerary, or a service designed to transport tourists where the journeys of each passenger have a common origin or destination (or both).\n> > \n> > train has the same meaning as in the [Rail Safety National Law (NSW)](/view/html/inforce/current/act-2012-82a), and includes a vehicle being used by the operator of a rail passenger service for the carriage of passengers in connection with that service.\n> > \n> > Note.\n> > \n> > A train is defined as being 2 or more units of rolling stock coupled together, at least 1 of which is a locomotive or other self-propelled unit or a unit of rolling stock that is a locomotive or other self-propelled unit. Rolling stock includes a light rail vehicle.\n> > \n> > Transport for NSW or TfNSW means Transport for NSW constituted under the [Transport Administration Act 1988](/view/html/inforce/current/act-1988-109).\n> > \n> > transport safety employee means an operator of a bus service or ferry service who performs transport safety work and any of the following persons who performs transport safety work for the operator—\n> > \n> > > (a) an employee or contractor of the operator,\n> > \n> > > (b) a person who performs the work on a voluntary basis for the operator (irrespective of whether the person receives out-of-pocket expenses).\n> > \n> > transport safety inquiry means an inquiry under Division 3 of Part 8.\n> > \n> > transport safety investigation means an investigation under section 133.\n> > \n> > transport safety investigator means a transport safety investigator appointed under section 146.\n> > \n> > transport safety work means any of the following classes of work carried out in relation to a bus service or a ferry service—\n> > \n> > > (a) work relating to the driving or operation of a vehicle, the loading or disembarking of passengers, the movement of a vehicle or the berthing of a vessel,\n> > \n> > > (b) work relating to the repair, maintenance or upgrading of vehicles, terminals, wharves or maintenance facilities,\n> > \n> > > (c) work involving the development, management or monitoring of safe working systems for public passenger services,\n> > \n> > > (d) any other work that is prescribed by the regulations as transport safety work.\n> > \n> > vehicle includes an aircraft, a train, or a vessel.\n> > \n> > Note.\n> > \n> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.\n> \n> > (2) Notes included in this Act do not form part of this Act.\n> \n> **s 4:** Am 2016 No 34, Sch 5 \\[1\\]–\\[4\\]; 2018 No 18, Sch 2.12 \\[1\\]; 2020 No 30, Sch 4.60\\[2\\]; 2025 No 77, Sch 5\\[1\\].","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Public passenger services","content":"#### 5 Public passenger services\n\n5 Public passenger services\n\n> > (1) In this Act, public passenger service means the transport, by a motor vehicle, vessel, aircraft, train, or other vehicle prescribed by the regulations for the purposes of this definition, of passengers within, or partly within, New South Wales for a fare.\n> \n> > (2) A community transport service is also a public passenger service for the purposes of this Act.\n> \n> > (3) The regulations may provide that the provision of any transport prescribed by the regulations for the purposes of this section is or is not a public passenger service.\n> \n> > (4) A road-ferry service under the control of a roads authority under the [Roads Act 1993](/view/html/inforce/current/act-1993-033) is not a public passenger service.\n> \n> > (5) A service providing transport by a motor vehicle that is generally conducted on land that is not a road or road related area is not a public passenger service.\n> \n> > (5A) Subject to this Act, a passenger service under the [Point to Point Transport (Taxis and Hire Vehicles) Act 2016](/view/html/inforce/current/act-2016-034) is not a public passenger service.\n> \n> > (6) In this Act, passenger does not include a transport safety employee employed with respect to a public passenger service or any person carrying out work for the operator of a public passenger service, or any authorised officer or transport safety investigator, while carrying out work or on duty in that capacity.\n> \n> **s 5:** Am 2016 No 34, Sch 5 \\[5\\].","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Community transport services","content":"#### 6 Community transport services\n\n6 Community transport services\n\n> In this Act, community transport service means the transport, by a vehicle, of specified individuals or specified classes of individuals under a community transport agreement entered into by the operator of the service with TfNSW.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Air transport services","content":"#### 7 Air transport services\n\n7 Air transport services\n\n> > (1) In this Act, air transport service means a public passenger service that consists of transport by an aircraft on a regular air service for a regulated air route.\n> \n> > (2) The Minister may, by order published in the Gazette, declare a specified air route from a place in New South Wales to another place in New South Wales to be a regulated air route.\n> \n> > (3) In determining whether to make an order the Minister must have regard to the following matters—\n> > \n> > > (a) the needs of the public of New South Wales as a whole, and of the public of any area or district, for air transport services along the route,\n> > \n> > > (b) fostering competition between airlines in relation to the route,\n> > \n> > > (c) the effect, if any, on the maintenance and development of adequate and reasonable public air transport services within New South Wales of the operation of aircraft over the route,\n> > \n> > > (d) the effect, if any, on the economic development of, or on the environment in, any area or district within New South Wales, of the operation of aircraft over the route.\n> \n> > (4) A service is a regular air service for the purposes of this section if it is provided—\n> > \n> > > (a) in accordance with a fixed schedule, or\n> > \n> > > (b) on 5 or more occasions within any period of 28 days.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":null,"content":"#### 8\n\n8, 9 (Repealed)","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Act to be construed not to exceed legislative power of State","content":"#### 10 Act to be construed not to exceed legislative power of State\n\n10 Act to be construed not to exceed legislative power of State\n\n> > (1) This Act is to be construed as operating to the full extent of, but so as not to exceed, the legislative power of the State.\n> \n> > (2) If a provision of this Act, or the application of a provision of this Act to a person, subject matter or circumstance, would, but for this section, be construed as being in excess of the legislative power of the State—\n> > \n> > > (a) it is a valid provision to the extent to which it is not in excess of the power, and\n> > \n> > > (b) the remainder of this Act, and the application of the provision to other persons, subject matters or circumstances, is not affected.\n> \n> > (3) This section applies to this Act in addition to, and without limiting the effect of, any provision of this Act.","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Act to bind Crown","content":"#### 11 Act to bind Crown\n\n11 Act to bind Crown\n\n> This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.","sortOrder":11},{"sectionNumber":"Part 2","sectionType":"part","heading":"Accreditation of operators of public passenger services","content":"# Part 2 Accreditation of operators of public passenger services\n\nPart 2 Accreditation of operators of public passenger services","sortOrder":12},{"sectionNumber":"Division 1","sectionType":"division","heading":"Preliminary","content":"## Division 1 Preliminary\n\nDivision 1 Preliminary","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":null,"content":"#### 12\n\n12 (Repealed)","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Meaning of “close associate”","content":"#### 13 Meaning of “close associate”\n\n13 Meaning of “close associate”\n\n> > (1) For the purposes of this Act, a person is a close associate of an applicant for accreditation as an operator, or an operator, of a public passenger service if the person—\n> > \n> > > (a) holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in the person’s own right or on behalf of any other person), in the business of the applicant or operator that is or will be carried on under the authority of the accreditation, and by virtue of that interest or power is or will be able (in the opinion of TfNSW) to exercise a significant influence over or with respect to the management or operation of that business, or\n> > \n> > > (b) holds or will hold any relevant position, whether in the person’s own right or on behalf of any other person, in the business of the applicant or operator that is or will be carried on under the authority of the accreditation, or\n> > \n> > > (c) is or will be engaged as a contractor or employed in the business of the applicant or operator that is or will be carried on under the authority of the accreditation.\n> \n> > (2) For the purposes of this section, a financial institution is not a close associate by reason only of having a relevant financial interest in relation to a business.\n> \n> > (3) The provisions of this section extend to relevant financial interests and relevant powers even if those interests and powers are not payable, exercisable or otherwise enforceable as a matter of law or equity, but are nevertheless payable, exercisable or otherwise enforceable as a matter of fact.\n> \n> > (4) In this section—\n> > \n> > relevant financial interest, in relation to a business, means—\n> > \n> > > (a) any share in the capital of the business, or\n> > \n> > > (b) any entitlement to receive any income derived from the business, or to receive any other financial benefit or financial advantage from the carrying on of the business, whether the entitlement arises at law or in equity or otherwise, or\n> > \n> > > (c) any entitlement to receive any rent, profit or other income in connection with the use or occupation of premises on which the business is or is to be carried on (such as, for example, an entitlement of the owner of the premises at which the business is carried on to receive rent as lessor of the premises).\n> > \n> > relevant position means—\n> > \n> > > (a) the position of director, manager or corporate secretary, or\n> > \n> > > (b) any other position, however designated, if it is an executive position.\n> > \n> > relevant power means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others—\n> > \n> > > (a) to participate in any directorial, managerial or executive decision, or\n> > \n> > > (b) to elect or appoint any person to any relevant position.\n> \n> **s 13:** Am 2020 No 30, Sch 4.60\\[4\\].","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Application of Part","content":"#### 14 Application of Part\n\n14 Application of Part\n\n> This Part does not apply to the following public passenger services—\n> \n> > (a) a service that is provided using aircraft, other than an air transport service,\n> \n> > (b) a service that is provided using a vessel or a train (not being a motor vehicle being used by the operator of a rail passenger service for the carriage of passengers in connection with that service).\n> > \n> > Note.\n> > \n> > For accreditation of public passenger services provided by train (including light rail), see the [Rail Safety National Law (NSW)](/view/html/inforce/current/act-2012-82a) and for provisions relating to ferries or other vessels, see the [Marine Safety Act 1998](/view/html/inforce/current/act-1998-121).","sortOrder":17},{"sectionNumber":"Division 2","sectionType":"division","heading":"Accreditation offences","content":"## Division 2 Accreditation offences\n\nDivision 2 Accreditation offences","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Operator of public passenger service must be accredited","content":"#### 15 Operator of public passenger service must be accredited\n\n15 Operator of public passenger service must be accredited\n\n> A person must not operate a public passenger service unless the person is accredited as the operator of that service.\n> \n> Maximum penalty—1,000 penalty units.\n> \n> **s 15:** Am 2016 No 34, Sch 5 \\[8\\].","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Operator of public passenger service must comply with accreditation conditions","content":"#### 16 Operator of public passenger service must comply with accreditation conditions\n\n16 Operator of public passenger service must comply with accreditation conditions\n\n> An operator of a public passenger service must not contravene a condition of the operator’s accreditation.\n> \n> Maximum penalty—1,000 penalty units.","sortOrder":20},{"sectionNumber":"Division 3","sectionType":"division","heading":"Applications for accreditation","content":"## Division 3 Applications for accreditation\n\nDivision 3 Applications for accreditation","sortOrder":21},{"sectionNumber":"17","sectionType":"section","heading":"Applications for accreditation","content":"#### 17 Applications for accreditation\n\n17 Applications for accreditation\n\n> > (1) The following persons may apply for accreditation as an operator of a public passenger service—\n> > \n> > > (a) an individual,\n> > \n> > > (b) 2 or more individuals who intend to carry on the public passenger service jointly under a partnership or other agreement,\n> > \n> > > (c) a body corporate incorporated under a law of this or any other jurisdiction (including the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth, the [Associations Incorporation Act 2009](/view/html/inforce/current/act-2009-007) and the [Co-operatives National Law (NSW)](/view/html/inforce/current/act-2012-29a)).\n> \n> > (2) An application for accreditation is to be made to TfNSW for the public passenger service.\n> \n> > (3) An application is—\n> > \n> > > (a) to be in a form approved by TfNSW, and\n> > \n> > > (b) to contain the information that TfNSW requires to be provided, and\n> > \n> > > (c) in the case of a body corporate, to specify one or more directors or managers as nominated directors or managers for the purposes of this Part, and\n> > \n> > > (d) to be accompanied by the fee prescribed by the regulations.\n> \n> > (4) TfNSW may, by written notice given to the applicant, require the applicant to provide further information relevant to the application that is specified in the notice.\n> \n> > (5) TfNSW may from time to time determine the number of persons who are to be nominated as directors or managers under this section, either generally or in any particular case or class of cases.\n> \n> **s 17:** Am 2020 No 30, Sch 4.60\\[4\\] \\[5\\].","sortOrder":22},{"sectionNumber":"18","sectionType":"section","heading":"Determination of applications for accreditation generally","content":"#### 18 Determination of applications for accreditation generally\n\n18 Determination of applications for accreditation generally\n\n> > (1) TfNSW may determine an application for accreditation as an operator of a public passenger service by granting or refusing the application.\n> \n> > (2) TfNSW must not grant an application for accreditation as the operator of a public passenger service unless it is satisfied that the applicant meets the general standards for accreditation or the standards for a current operator.\n> \n> > (3) The general standards for accreditation (other than as the operator of a public passenger service that is an air transport service) are as follows—\n> > \n> > > (a) that the applicant is a fit and proper person to be responsible for the management of a public passenger service,\n> > \n> > > (b) in the case of a body corporate, that the directors or managers nominated for the purposes of this Part are fit and proper persons to be responsible for the management of a public passenger service,\n> > \n> > > (c) that the applicant has demonstrated the capacity to comply with the standards for financial viability, passenger and public safety and vehicle maintenance prescribed by the regulations for any such service or operator.\n> > \n> > > (d) (Repealed)\n> \n> > (4) The general standards for accreditation as an operator of a public passenger service that is an air transport service are as follows—\n> > \n> > > (a) that the applicant is a fit and proper person to be responsible for the management of a public passenger service,\n> > \n> > > (b) in the case of a body corporate, that the directors or managers nominated for the purposes of this Part are fit and proper persons to be responsible for the management of a public passenger service,\n> > \n> > > (c) that the applicant and the applicant’s aircraft, pilots and passengers will be adequately insured,\n> > \n> > > (d) that the applicant owns, or has sufficient rights to operate, the aircraft to be used by the applicant.\n> \n> > (5) The standards for a current operator are as follows—\n> > \n> > > (a) that the applicant is the holder of an accreditation to operate another public passenger service of the same or a different kind,\n> > \n> > > (b) that the applicant has demonstrated that the applicant complies with any standards applicable to the accreditation being applied for that are additional to those for the accreditation currently held,\n> > \n> > > (c) that the applicant is not the subject of any action being taken or proposed to be taken by TfNSW relating to an accreditation held by the applicant.\n> \n> > (6) In the case of a joint application for an accreditation, each individual applying for the joint accreditation must meet the requirements for accreditation.\n> \n> > (7) The regulations may prescribe additional standards that are required to be met for accreditation as an operator of a public passenger service, either generally or in a particular case or class of cases.\n> \n> **s 18:** Am 2016 No 34, Sch 5 \\[9\\]; 2020 No 30, Sch 4.60\\[4\\] \\[5\\].","sortOrder":23},{"sectionNumber":"19","sectionType":"section","heading":"Close associates","content":"#### 19 Close associates\n\n19 Close associates\n\n> TfNSW may refuse to grant an accreditation on the ground that a close associate of the applicant has previously held an accreditation (whether for the operation of the same or a different public passenger service), or an air route licence, that has been cancelled.\n> \n> **s 19:** Am 2020 No 30, Sch 4.60\\[5\\].","sortOrder":24},{"sectionNumber":"20","sectionType":"section","heading":"Grants of accreditation","content":"#### 20 Grants of accreditation\n\n20 Grants of accreditation\n\n> > (1) An accreditation to operate a public passenger service granted by TfNSW may accredit the operator—\n> > \n> > > (a) to operate one or more specified public passenger services, or\n> > \n> > > (b) to operate a public passenger service having specified characteristics.\n> \n> > (2) TfNSW may grant an application for accreditation unconditionally or subject to the conditions specified by TfNSW in the accreditation.\n> > \n> > Note.\n> > \n> > TfNSW may also vary the conditions of an accreditation at any time (see section 26).\n> \n> **s 20:** Am 2020 No 30, Sch 4.60\\[5\\]–\\[7\\].","sortOrder":25},{"sectionNumber":"21","sectionType":"section","heading":"Form of accreditation","content":"#### 21 Form of accreditation\n\n21 Form of accreditation\n\n> An accreditation is to be in the form approved by TfNSW.\n> \n> **ss 21–23:** Am 2020 No 30, Sch 4.60\\[4\\].","sortOrder":26},{"sectionNumber":"22","sectionType":"section","heading":"Term of accreditation","content":"#### 22 Term of accreditation\n\n22 Term of accreditation\n\n> > (1) An accreditation is in force for the period specified by TfNSW in the accreditation unless it is sooner cancelled.\n> \n> > (2) An accreditation does not have effect while suspended and the suspension of an accreditation does not affect the day on which the term of an accreditation expires.\n> \n> **ss 21–23:** Am 2020 No 30, Sch 4.60\\[4\\].","sortOrder":27},{"sectionNumber":"23","sectionType":"section","heading":"Renewal of accreditation","content":"#### 23 Renewal of accreditation\n\n23 Renewal of accreditation\n\n> > (1) An accreditation may be renewed on application to TfNSW made before the accreditation expires.\n> \n> > (2) This Act applies to an application for the renewal of an accreditation in the same way as it applies to an application for an accreditation.\n> \n> **ss 21–23:** Am 2020 No 30, Sch 4.60\\[4\\].","sortOrder":28},{"sectionNumber":"24","sectionType":"section","heading":"Notice of accreditation decision","content":"#### 24 Notice of accreditation decision\n\n24 Notice of accreditation decision\n\n> > (1) TfNSW must give an applicant for accreditation or renewal of an accreditation written notice of the decision on the application.\n> \n> > (2) If notice of a decision is not given to an applicant within 90 days of an application being made, the application is taken to have been refused.\n> \n> > (3) Subsection (2) does not prevent an application from being granted after the period of 90 days has elapsed.\n> \n> **s 24:** Am 2020 No 30, Sch 4.60\\[8\\].","sortOrder":29},{"sectionNumber":"25","sectionType":"section","heading":"Joint accreditation","content":"#### 25 Joint accreditation\n\n25 Joint accreditation\n\n> If 2 or more individuals are jointly accredited as operators of a public passenger service, each of those individuals has the obligations of an operator of that service under this Act or the regulations.","sortOrder":30},{"sectionNumber":"Division 4","sectionType":"division","heading":"Conditions of accreditation","content":"## Division 4 Conditions of accreditation\n\nDivision 4 Conditions of accreditation","sortOrder":31},{"sectionNumber":"26","sectionType":"section","heading":"Conditions of accreditation generally","content":"#### 26 Conditions of accreditation generally\n\n26 Conditions of accreditation generally\n\n> > (1) An accreditation to operate a public passenger service is subject to the following conditions—\n> > \n> > > (a) any conditions imposed by TfNSW and in force from time to time,\n> > \n> > > (b) any conditions specified by this Act or prescribed by the regulations.\n> \n> > (2) TfNSW may at any time, by written notice given to an accredited operator, impose a condition on the accreditation or vary or revoke a condition of the accreditation imposed by TfNSW.\n> \n> > (3) TfNSW must not impose a condition on an accreditation that is inconsistent with this Act or the regulations.\n> \n> > (4) Without limiting subsection (1), the regulations may prescribe conditions of accreditation relating to reporting occurrences of a specified kind to TfNSW or other persons.\n> \n> **s 26:** Am 2020 No 30, Sch 4.60\\[4\\] \\[5\\].","sortOrder":32},{"sectionNumber":"27","sectionType":"section","heading":"Changes to nominated directors and managers","content":"#### 27 Changes to nominated directors and managers\n\n27 Changes to nominated directors and managers\n\n> > (1) An operator of a public passenger service may, by written notice given to TfNSW, nominate, or revoke the nomination of, a director or manager for the purposes of this Part.\n> > \n> > Note.\n> > \n> > An accreditation may be suspended or cancelled if the operator does not meet an accreditation standard, including the requirement that a nominated director or manager be a fit and proper person to be responsible for the management of a public passenger service. An accreditation is automatically suspended if there are no nominated directors or managers for a body corporate.\n> \n> > (2) It is a condition of the accreditation of a body corporate that is an operator of a public passenger service that the operator give written notice to TfNSW, within 21 days, if a director or manager of the body corporate nominated for the purposes of this Part dies or ceases to be a director or manager of the body corporate.\n> \n> **s 27:** Am 2020 No 30, Sch 4.60\\[4\\].","sortOrder":33},{"sectionNumber":"28","sectionType":"section","heading":"Operation of regulated air routes","content":"#### 28 Operation of regulated air routes\n\n28 Operation of regulated air routes\n\n> It is a condition of the accreditation of an operator of an air transport service that the operator must not operate a regular air service on a regulated air route unless the operator holds an air route licence for that route.","sortOrder":34},{"sectionNumber":"29","sectionType":"section","heading":"Bus services—drug and alcohol programs and testing","content":"#### 29 Bus services—drug and alcohol programs and testing\n\n29 Bus services—drug and alcohol programs and testing\n\n> > (1) Drug and alcohol program It is a condition of an accreditation of an operator of a bus service—\n> > \n> > > (a) that the operator prepares and implements a drug and alcohol program for its transport safety employees that complies with guidelines approved by TfNSW for the purposes of this section and published in the Gazette, and\n> > \n> > > (b) that the operator ensures that all transport safety employees employed, or contracted, by the operator to perform transport safety work are not under the influence of alcohol or any other drug when about to carry out, or while on duty for the purposes of carrying out (whether or not carrying out), transport safety work.\n> \n> > (2) The drug and alcohol program is to include any matters required to be included by the guidelines approved by TfNSW for the purposes of this section.\n> \n> > (3) Without limiting subsection (1) (a), the guidelines are to include provisions for or with respect to the following—\n> > \n> > > (a) protocols for fair procedures relating to the operation of the drug and alcohol program,\n> > \n> > > (b) education and assistance of transport safety employees in relation to the drug and alcohol program.\n> \n> > (4) Random testing TfNSW may at any time arrange with accredited operators of bus services for the random testing of any person about to carry out transport safety work or on duty for the purposes of carrying out transport safety work for the presence of alcohol or any other drug to ensure that the operators are complying with the conditions imposed by this section.\n> \n> > (5) Definition For the purposes of this section, a transport safety employee is to be regarded as being about to carry out transport safety work if the employee—\n> > \n> > > (a) has left home or a temporary residence for work (being transport safety work), and\n> > \n> > > (b) has not commenced work after having so left home or the temporary residence.","sortOrder":35},{"sectionNumber":"30","sectionType":"section","heading":"Other Acts not affected by testing provisions","content":"#### 30 Other Acts not affected by testing provisions\n\n30 Other Acts not affected by testing provisions\n\n> Nothing in this Act or the regulations derogates from the operation of Division 4 of Part 2 of Schedule 3 to the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018).\n> \n> Note.\n> \n> Schedule 2 contains regulation-making powers for procedures for testing for alcohol and other drugs.","sortOrder":36},{"sectionNumber":"31","sectionType":"section","heading":"Bus services—safety management systems","content":"#### 31 Bus services—safety management systems\n\n31 Bus services—safety management systems\n\n> > (1) It is a condition of the accreditation of an operator of a bus service that the operator has, and implements, a safety management system that complies with this section.\n> \n> > (2) The safety management system must be documented and must—\n> > \n> > > (a) identify any significant risks that have arisen or may arise from providing the bus service, including carrying out any associated transport safety work, and\n> > \n> > > (b) specify the controls (including audits, expertise, resources and staff) that are to be employed by the operator to manage the risks and to monitor safety outcomes in relation to the provision of the bus service, and\n> > \n> > > (c) comply with any requirements prescribed by the regulations or set out in any guidelines issued by TfNSW under this section and published in the Gazette.\n> \n> > (3) TfNSW may issue guidelines with respect to policy objectives and safety initiatives to be adopted by operators in safety management systems.\n> \n> > (4) An operator must, if directed to do so by TfNSW, vary a safety management system.\n> \n> Note.\n> \n> A community transport service that uses buses is also a bus service.","sortOrder":37},{"sectionNumber":"32","sectionType":"section","heading":null,"content":"#### 32\n\n32 (Repealed)","sortOrder":38},{"sectionNumber":"Division 5","sectionType":"division","heading":"Variation, suspension or cancellation of accreditation","content":"## Division 5 Variation, suspension or cancellation of accreditation\n\nDivision 5 Variation, suspension or cancellation of accreditation","sortOrder":40},{"sectionNumber":"33","sectionType":"section","heading":"Variation, suspension or cancellation of accreditation generally","content":"#### 33 Variation, suspension or cancellation of accreditation generally\n\n33 Variation, suspension or cancellation of accreditation generally\n\n> > (1) TfNSW may vary, suspend or cancel the accreditation of an operator if—\n> > \n> > > (a) the operator does not comply with a standard required to be met for accreditation as the operator of the public passenger service to which the accreditation relates, or\n> > \n> > > (b) the operator fails to comply with a condition of the accreditation, or\n> > \n> > > (c) the operator fails to comply with this Act or the regulations or an applicable passenger service contract or air route licence, or\n> > \n> > > (d) a close associate of the operator has previously held an accreditation (whether for the operation of the same or a different public passenger service), or an air route licence, that has been cancelled, or\n> > \n> > > (e) for any other reason it thinks fit.\n> > \n> > Note.\n> > \n> > TfNSW may also vary the conditions of an accreditation at any time (see section 26).\n> \n> > (2) Without limiting subsection (1), TfNSW may take action under this section on the ground that an accredited operator of a public passenger service or a director or manager nominated for the purposes of this Part is not a fit and proper person to be responsible for the management of a public passenger service if TfNSW is of the opinion that the operator has failed, on written request given to the operator by TfNSW, to provide TfNSW with sufficient evidence that the operator, director or manager is a fit and proper person to be responsible for the management of a public passenger service.\n> \n> > (3) TfNSW may take action against an operator or person on the ground referred to in subsection (2) without making a written request referred to in that subsection.\n> \n> **s 33:** Am 2020 No 30, Sch 4.60\\[4\\] \\[5\\].","sortOrder":41},{"sectionNumber":"34","sectionType":"section","heading":null,"content":"#### 34\n\n34 (Repealed)","sortOrder":42},{"sectionNumber":"35","sectionType":"section","heading":"Automatic suspensions","content":"#### 35 Automatic suspensions\n\n35 Automatic suspensions\n\n> > (1) If 2 or more individuals hold a joint accreditation and any one of them dies or ceases to jointly provide the public passenger service—\n> > \n> > > (a) the accreditation is automatically suspended 21 days after the death or cessation if TfNSW has not been notified before that time of the death or cessation, and\n> > \n> > > (b) the accreditation may be cancelled, suspended or varied under this Act because of the death or cessation (whether before or after any such cessation).\n> \n> > (2) If an accredited operator that is a body corporate ceases to have any directors or managers who are nominated for the purposes of this Part, the accreditation is automatically suspended when the body ceases to have any directors or managers so nominated.\n> \n> **s 35:** Am 2020 No 30, Sch 4.60\\[4\\].","sortOrder":44},{"sectionNumber":"Part 3","sectionType":"part","heading":"Service procurement","content":"# Part 3 Service procurement\n\nPart 3 Service procurement","sortOrder":45},{"sectionNumber":"36","sectionType":"section","heading":"Passenger service contracts","content":"#### 36 Passenger service contracts\n\n36 Passenger service contracts\n\n> > (1) TfNSW may enter into a passenger service contract on behalf of the State for the provision of a public passenger service with an accredited operator of a public passenger service or the operator of a public passenger service who is not required to be accredited under this Act.\n> \n> > (2) TfNSW may enter into a passenger service contract that is subject to a condition precedent that requires a party to obtain an accreditation to operate a public passenger service.\n> \n> > (3) A passenger service contract may relate to, but is not limited to, any of the following—\n> > \n> > > (a) a particular area or route,\n> > \n> > > (b) one or more modes of transport,\n> > \n> > > (c) services for specified passengers or classes of passengers.\n> \n> > (4) TfNSW may invite passenger service contracts by tender or in any other manner TfNSW thinks fit.\n> \n> > (5) A passenger service contract is to specify the term of the contract.\n> \n> > (6) A passenger service contract is not to provide a right to renew the contract.\n> \n> > (7) A passenger service contract may provide for the operator of the public passenger service to have the first right to negotiate a further contract, subject to meeting any specified requirements.\n> \n> > (8) A passenger service contract must provide for the performance standards to be met by the operator of the public passenger service.","sortOrder":47},{"sectionNumber":"36A","sectionType":"section","heading":"Contracts for passenger services under Point to Point Transport (Taxis and Hire Vehicles) Act 2016","content":"#### 36A Contracts for passenger services under Point to Point Transport (Taxis and Hire Vehicles) Act 2016\n\n36A Contracts for passenger services under [Point to Point Transport (Taxis and Hire Vehicles) Act 2016](/view/html/inforce/current/act-2016-034)\n\n> > (1) TfNSW may enter into a passenger service contract on behalf of the State for the provision of a service with the provider of a passenger service within the meaning of the [Point to Point Transport (Taxis and Hire Vehicles) Act 2016](/view/html/inforce/current/act-2016-034).\n> \n> > (2) TfNSW may enter into a passenger service contract that is subject to a condition precedent that requires a party to comply with the requirements to obtain an accreditation to operate a public passenger service.\n> \n> > (3) This Act (other than section 36 (1) and (2)) applies to a passenger service contract under this section as if it were a passenger service contract entered into with an operator of a public passenger service.\n> \n> **s 36A:** Ins 2016 No 34, Sch 5 \\[10\\].","sortOrder":48},{"sectionNumber":"36B","sectionType":"section","heading":"Contracts for Sydney Metro passenger services","content":"#### 36B Contracts for Sydney Metro passenger services\n\n36B Contracts for Sydney Metro passenger services\n\n> > (1) Sydney Metro may enter into a passenger service contract on behalf of the State for the provision of a metro public passenger service with an accredited operator of a public passenger service or the operator of a public passenger service who is not required to be accredited under this Act.\n> \n> > (2) Sydney Metro may enter into a passenger service contract that is subject to a condition precedent that requires a party to obtain an accreditation to operate a public passenger service.\n> \n> > (3) A passenger service contract under this section—\n> > \n> > > (a) is to specify the term of the contract, and\n> > \n> > > (b) is not to provide a right to renew the contract, and\n> > \n> > > (c) may provide for the operator of the public passenger service to have the first right to negotiate a further contract, subject to meeting any specified requirements, and\n> > \n> > > (d) must provide for the performance standards to be met by the operator of the public passenger service.\n> \n> > (4) This Act (other than section 36 (1) and (2)) applies to a passenger service contract under this section as if it were a passenger service contract entered into with an operator of a public passenger service.\n> \n> > (5) A reference in another provision of this Act to TfNSW in relation to a passenger service contract or the provision of a public passenger service is taken to include a reference to Sydney Metro in relation to a passenger service contract entered into under this section or the provision of a metro public passenger service, as the case requires.\n> \n> > (6) In this section, metro public passenger service means a public passenger service provided by means of a metro within the meaning of the [Transport Administration Act 1988](/view/html/inforce/current/act-1988-109).\n> \n> **s 36B:** Ins 2018 No 18, Sch 2.12 \\[2\\].","sortOrder":49},{"sectionNumber":"37","sectionType":"section","heading":"Further contracts","content":"#### 37 Further contracts\n\n37 Further contracts\n\n> > (1) TfNSW may enter into a further passenger service contract with an operator on, before or after the expiry of the term of a passenger service contract with the operator.\n> \n> > (2) A further contract may be on the same or different terms.\n> \n> > (3) However, nothing in this Part confers a right to or expectation of a further contract.","sortOrder":50},{"sectionNumber":"38","sectionType":"section","heading":"Enforcement of performance standards and civil penalties","content":"#### 38 Enforcement of performance standards and civil penalties\n\n38 Enforcement of performance standards and civil penalties\n\n> > (1) Performance standards provided for by a passenger service contract are to be enforced by civil penalty provisions or in any other manner that the contract may provide.\n> \n> > (2) A person who contravenes a provision of a passenger service contract that is enforceable by a civil penalty provision is liable to pay, as a debt due to the State, an amount determined in accordance with the contract as the penalty for the contravention.\n> \n> > (3) A passenger service contract may provide that an amount payable under a civil penalty provision may also be recovered by withholding amounts otherwise payable under the contract and may contain other related provisions.\n> \n> > (4) Subsection (1) does not limit the provisions of a passenger service contract that may be enforced by civil penalty provisions.\n> \n> > (5) In this section—\n> > \n> > civil penalty provision means a provision of a passenger service contract that provides for the payment of an amount of penalty for the contravention of a specified provision of the contract.\n> \n> > (6) This section has effect despite any other law.","sortOrder":51},{"sectionNumber":"39","sectionType":"section","heading":"Regular timetabled services must have contract","content":"#### 39 Regular timetabled services must have contract\n\n39 Regular timetabled services must have contract\n\n> > (1) A person must not operate a public passenger service that is conducted according to regular routes and timetables or according to regular routes and at regular intervals otherwise than under the authority of a passenger service contract.\n> > \n> > Maximum penalty—1,000 penalty units.\n> \n> > (2) This section does not apply to the following public passenger services—\n> > \n> > > (a) an air transport service,\n> > \n> > > (b) a bus service or a ferry service conducted according to one or more regular routes, in which each passenger is transported for a distance of not less than 40 kilometres,\n> > \n> > > (c) a tourist service,\n> > \n> > > (d) a community transport service.\n> \n> > (3) This section does not apply to an operator of a public passenger service if—\n> > \n> > > (a) the person is an accredited operator of the public passenger service or is not required to be accredited, and\n> > \n> > > (b) the service is operated under a subcontract or other arrangement with the holder of the passenger service contract for the service, and\n> > \n> > > (c) the subcontract or other arrangement is authorised under the passenger service contract.\n> \n> > (4) This section does not apply to a public passenger service exempted by TfNSW by order published in the Gazette. An exemption may be unconditional or subject to conditions specified in the order.\n> \n> > (5) TfNSW must have regard to any applicable policy approved by the Minister for the purposes of subsection (4) before making an order under that subsection.","sortOrder":52},{"sectionNumber":"40","sectionType":"section","heading":"Exclusive rights","content":"#### 40 Exclusive rights\n\n40 Exclusive rights\n\n> > (1) A passenger service contract may confer on the operator of a bus service, ferry service or rail passenger service the exclusive right to operate a service conducted according to regular routes and timetables or according to regular routes and at regular intervals in the area or route to which the contract applies.\n> \n> > (2) An exclusive right granted under a contract under this section does not affect any right to provide the following bus, ferry or rail passenger services in the same area or on the same route—\n> > \n> > > (a) a service conducted according to one or more regular routes, in which each passenger is transported for a distance of not less than 40 kilometres,\n> > \n> > > (b) a tourist service.\n> \n> > (3) The following are specifically authorised by this Act for the purposes of the [Competition and Consumer Act 2010](http://www.legislation.gov.au/) of the Commonwealth and the Competition Code of New South Wales—\n> > \n> > > (a) any passenger service contract or other agreement containing a provision authorised by this section or giving effect to a provision of this section,\n> > \n> > > (b) the entering or making of any such contract or agreement,\n> > \n> > > (c) conduct authorised or required by or under the terms or conditions of any such contract or agreement.\n> \n> > (4) Conduct authorised by subsection (3) is authorised only to the extent (if any) that it would otherwise contravene Part IV of the [Competition and Consumer Act 2010](http://www.legislation.gov.au/) of the Commonwealth and the Competition Code of New South Wales.\n> \n> > (5) TfNSW is to cause a register to be kept of all exclusive rights in force under a term of a contract that is authorised under this section and is to make that register publicly available.","sortOrder":53},{"sectionNumber":"41","sectionType":"section","heading":"Operator of regulated air route must be licensed","content":"#### 41 Operator of regulated air route must be licensed\n\n41 Operator of regulated air route must be licensed\n\n> A person must not operate an air transport service unless the person holds an air route licence for the regulated air route for which the service is provided.\n> \n> Maximum penalty—1,000 penalty units.","sortOrder":55},{"sectionNumber":"42","sectionType":"section","heading":"Licence holder must comply with conditions","content":"#### 42 Licence holder must comply with conditions\n\n42 Licence holder must comply with conditions\n\n> The holder of an air route licence must not contravene a condition of the licence.\n> \n> Maximum penalty—1,000 penalty units.","sortOrder":56},{"sectionNumber":"43","sectionType":"section","heading":"Applications for air route licences","content":"#### 43 Applications for air route licences\n\n43 Applications for air route licences\n\n> > (1) The following persons may apply for a licence for a regulated air route—\n> > \n> > > (a) an individual,\n> > \n> > > (b) 2 or more individuals who intend to operate the route under a partnership or other agreement,\n> > \n> > > (c) a body corporate incorporated under a law of this or any other jurisdiction (including the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth, the [Associations Incorporation Act 2009](/view/html/inforce/current/act-2009-007) and the [Co-operatives National Law (NSW)](/view/html/inforce/current/act-2012-29a)).\n> \n> > (2) An application for an air route licence is to be made to TfNSW.\n> \n> > (3) TfNSW may invite applications by tender or in any other form for an air route licence for one or more specified regulated air routes and may specify the time within which the applications are to be made. TfNSW is not required to consider any application that is not made within the specified time.\n> \n> > (4) An application is—\n> > \n> > > (a) to be in a form approved by TfNSW, and\n> > \n> > > (b) to contain the information that TfNSW requires to be provided, and\n> > \n> > > (c) in the case of an application for which tenders have been invited, to be accompanied by a sealed tender if required by TfNSW, and\n> > \n> > > (d) to be accompanied by the fee prescribed by the regulations.\n> \n> > (5) TfNSW may, by written notice given to the applicant, require the applicant to provide further information relevant to the application that is specified in the notice.","sortOrder":57},{"sectionNumber":"44","sectionType":"section","heading":"Determination of applications for air route licence","content":"#### 44 Determination of applications for air route licence\n\n44 Determination of applications for air route licence\n\n> > (1) TfNSW may determine an application for an air route licence by granting or refusing the application.\n> \n> > (2) In determining an application for an air route licence, TfNSW must take into account the following matters and is not to consider any additional matters—\n> > \n> > > (a) the air transport service needs of the public in relation to the route concerned and whether the grant of the licence will meet those needs,\n> > \n> > > (b) the allocation of air transport routes so as to facilitate the provision of adequate and reasonable public passenger transport by air in New South Wales by more than one airline and to discourage the development of any monopoly of the provision of such transport in New South Wales,\n> > \n> > > (c) the effect, if any, of the operation of the service over the proposed routes on the maintenance and orderly development of adequate and reasonable public passenger transport by air in New South Wales,\n> > \n> > > (d) the effect, if any, on the economic development or on the environment of any area within New South Wales, of the operation of aircraft by the applicant over the proposed routes.\n> \n> > (3) Nothing in this Part requires TfNSW to grant an air route licence for which applications have been invited to be made or have otherwise been made.\n> \n> Note.\n> \n> A person who operates a regulated air route under an air route licence is also required to comply with the requirements of the [Civil Aviation Act 1988](http://www.legislation.gov.au/) of the Commonwealth. These include a requirement to hold an Air Operator’s Certificate of the appropriate kind granted by the Civil Aviation Safety Authority of the Commonwealth under that Act.","sortOrder":58},{"sectionNumber":"45","sectionType":"section","heading":"Grants of air route licences","content":"#### 45 Grants of air route licences\n\n45 Grants of air route licences\n\n> > (1) An air route licence is to specify the regulated air route or routes to which it applies.\n> \n> > (2) TfNSW may grant an application for an air route licence unconditionally or subject to the conditions specified by TfNSW in the licence.\n> > \n> > Note.\n> > \n> > TfNSW may also vary the conditions of a licence at any time (see section 51).","sortOrder":59},{"sectionNumber":"46","sectionType":"section","heading":"Form of air route licence","content":"#### 46 Form of air route licence\n\n46 Form of air route licence\n\n> An air route licence is to be in the form approved by TfNSW.","sortOrder":60},{"sectionNumber":"47","sectionType":"section","heading":"Term of air route licence","content":"#### 47 Term of air route licence\n\n47 Term of air route licence\n\n> > (1) An air route licence is in force for the period specified by TfNSW in the licence unless it is sooner cancelled.\n> \n> > (2) An air route licence does not have effect while suspended and the suspension of an air route licence does not affect the day on which the term of an air route licence expires.","sortOrder":61},{"sectionNumber":"48","sectionType":"section","heading":"No renewals of air route licences","content":"#### 48 No renewals of air route licences\n\n48 No renewals of air route licences\n\n> > (1) There is no right to a renewal of an air route licence.\n> \n> > (2) However, this section does not prevent a person from being granted an air route licence for the same regulated air route for which the person was the previous holder of an air route licence.","sortOrder":62},{"sectionNumber":"49","sectionType":"section","heading":"Notice of decision","content":"#### 49 Notice of decision\n\n49 Notice of decision\n\n> > (1) TfNSW must give an applicant for an air route licence written notice of the decision on the application.\n> \n> > (2) If notice of a decision is not given to an applicant within 90 days of an application being made, the application is taken to have been refused.\n> \n> > (3) Subsection (2) does not prevent an application from being granted after the period of 90 days has elapsed.","sortOrder":63},{"sectionNumber":"50","sectionType":"section","heading":"Joint holders","content":"#### 50 Joint holders\n\n50 Joint holders\n\n> If 2 or more individuals are jointly holders of an air route licence, each of those individuals has the obligations of a holder of that licence under this Act or the regulations.","sortOrder":64},{"sectionNumber":"51","sectionType":"section","heading":"Conditions of air route licences","content":"#### 51 Conditions of air route licences\n\n51 Conditions of air route licences\n\n> > (1) An air route licence is subject to the following conditions—\n> > \n> > > (a) any conditions imposed by TfNSW and in force from time to time,\n> > \n> > > (b) any conditions specified by this Act or prescribed by the regulations.\n> \n> > (2) TfNSW may at any time, by written notice given to the holder of an air route licence, impose a condition on the licence or vary or revoke a condition of the licence imposed by TfNSW.\n> \n> > (3) In deciding whether to impose a condition on an air route licence or to vary or revoke a condition of a licence, TfNSW must have regard to the matters set out in section 44 (2).\n> \n> > (4) TfNSW must not impose a condition on an air route licence that is inconsistent with this Act or the regulations.","sortOrder":65},{"sectionNumber":"52","sectionType":"section","heading":"Variation, suspension or cancellation of air route licence","content":"#### 52 Variation, suspension or cancellation of air route licence\n\n52 Variation, suspension or cancellation of air route licence\n\n> TfNSW may vary, suspend or cancel an air route licence if—\n> \n> > (a) having regard to the matters specified in section 44 (2) that TfNSW thinks relevant, TfNSW thinks it appropriate to do so, or\n> \n> > (b) the holder ceases to be accredited to operate an air transport service, or\n> \n> > (c) the holder ceases to operate a regulated air route to which the licence relates or fails to operate it to the satisfaction of TfNSW.\n> \n> Note.\n> \n> TfNSW may also vary the conditions of a licence at any time (see section 51).","sortOrder":66},{"sectionNumber":"53","sectionType":"section","heading":"Temporary air route licences","content":"#### 53 Temporary air route licences\n\n53 Temporary air route licences\n\n> > (1) TfNSW may grant a temporary air route licence for a regulated air route to an accredited operator of a public passenger service if—\n> > \n> > > (a) the licence of a current holder of an air route licence for the regulated air route (the current holder) is suspended or cancelled or TfNSW is of the opinion that the current holder is failing to operate the regulated air route or failing to operate it to the satisfaction of TfNSW, and\n> > \n> > > (b) TfNSW is of the opinion that the issue of the temporary air route licence is necessary to maintain an air transport service pending the determination or completion of action against the current holder’s air route licence or the granting of a new air route licence.\n> \n> > (2) TfNSW may determine the procedures for applications for and the granting of, the requirements for and any conditions of a temporary air route licence.\n> \n> > (3) TfNSW may suspend, vary or cancel a temporary air route licence at any time and for any reason.\n> \n> > (4) A temporary air route licence ceases to have effect if—\n> > \n> > > (a) TfNSW gives written notice to that effect to the holder of the temporary licence, or\n> > \n> > > (b) TfNSW grants an air route licence for the same regulated air route.\n> \n> > (5) No compensation is payable to any person by or on behalf of TfNSW or otherwise by or on behalf of the State for loss or damage arising directly or indirectly from the grant of or any action taken with respect to a temporary air route licence, or a licence held by a current holder or a current holder, under this section. No proceedings for damages or other relief, whether grounded at law or in equity, for the purpose of restraining the taking of an action under this section, or of obtaining compensation in respect of any such loss or damage may be maintained.\n> \n> > (6) Subsection (5) extends to the following—\n> > \n> > > (a) compensation because of any act, statement or conduct relating to the grant of or any action taken with respect to a temporary air route licence or the operation of an air transport service,\n> > \n> > > (b) any person exercising a function or engaging in conduct for the purposes of this section at the request or direction of TfNSW or otherwise by or on behalf of the Crown, other than the current holder or a person who provided services on behalf of the current holder.\n> \n> > (7) In this section—\n> > \n> > compensation includes damages or any other form of compensation (whether or not monetary).\n> > \n> > conduct includes any act or omission, whether unconscionable, misleading, deceptive or otherwise.\n> > \n> > statement includes a representation of any kind—\n> > \n> > > (a) whether made verbally or in writing, and\n> > \n> > > (b) whether negligent, false, misleading or otherwise.\n> > \n> > the State means the Crown within the meaning of the [Crown Proceedings Act 1988](/view/html/inforce/current/act-1988-070) and includes an officer, employee or agent of the Crown.","sortOrder":67},{"sectionNumber":"54","sectionType":"section","heading":"Joint licences","content":"#### 54 Joint licences\n\n54 Joint licences\n\n> If 2 or more individuals hold a joint air route licence and any one of them dies or ceases to jointly provide the air transport service concerned—\n> \n> > (a) the air route licence is automatically suspended 21 days after the death or cessation if TfNSW has not been notified before that time of the death or cessation, and\n> \n> > (b) the licence may be cancelled, suspended or varied under this Act because of the death or cessation (whether before or after any such cessation).","sortOrder":68},{"sectionNumber":"Part 4","sectionType":"part","heading":"Driver authorities","content":"# Part 4 Driver authorities\n\nPart 4 Driver authorities","sortOrder":69},{"sectionNumber":"55","sectionType":"section","heading":"Application of Part","content":"#### 55 Application of Part\n\n55 Application of Part\n\n> This Part applies to drivers of motor vehicles used for the purposes of the following public passenger services—\n> \n> > (a) a bus service,\n> \n> > (b), (c) (Repealed)\n> \n> > (d) a tourist service provided by a bus,\n> \n> > (e) a charter service provided by a bus,\n> \n> > (f) any other public passenger service prescribed for the purposes of this section.\n> \n> **s 55:** Am 2016 No 34, Sch 5 \\[6\\] \\[11\\].","sortOrder":71},{"sectionNumber":"56","sectionType":"section","heading":"Types and classes of driver authority","content":"#### 56 Types and classes of driver authority\n\n56 Types and classes of driver authority\n\n> The regulations may provide for the types and classes of driver authorities.","sortOrder":72},{"sectionNumber":"57","sectionType":"section","heading":"Driver for public passenger service must hold driver authority","content":"#### 57 Driver for public passenger service must hold driver authority\n\n57 Driver for public passenger service must hold driver authority\n\n> A person must not drive a vehicle used to provide a public passenger service referred to in section 55 unless the person is the holder of a driver authority to drive a vehicle of that kind for a service of that kind.\n> \n> Maximum penalty—100 penalty units.","sortOrder":74},{"sectionNumber":"58","sectionType":"section","heading":"Driver of public passenger service must comply with driver authority conditions","content":"#### 58 Driver of public passenger service must comply with driver authority conditions\n\n58 Driver of public passenger service must comply with driver authority conditions\n\n> The holder of a driver authority must not contravene a condition of the driver authority.\n> \n> Maximum penalty—100 penalty units.","sortOrder":75},{"sectionNumber":"59","sectionType":"section","heading":"Applications for driver authority","content":"#### 59 Applications for driver authority\n\n59 Applications for driver authority\n\n> > (1) An individual who is not less than 20 years of age may apply for a driver authority.\n> \n> > (2) An application for a driver authority is to be made to TfNSW.\n> \n> > (3) An application is—\n> > \n> > > (a) to be in a form approved by TfNSW, and\n> > \n> > > (b) to contain the information that TfNSW requires to be provided, and\n> > \n> > > (c) to be accompanied by the fee prescribed by the regulations.\n> \n> > (4) TfNSW may, by written notice given to the applicant, require the applicant to provide further information relevant to the application that is specified in the notice.","sortOrder":77},{"sectionNumber":"60","sectionType":"section","heading":"Determination of applications for driver authorities generally","content":"#### 60 Determination of applications for driver authorities generally\n\n60 Determination of applications for driver authorities generally\n\n> > (1) TfNSW may determine an application for a driver authority by granting or refusing the application.\n> \n> > (2) TfNSW must not grant an application for a driver authority to drive a vehicle used to provide a public passenger service unless it is satisfied that the applicant meets the general standards for an authority or the standards for a current driver.\n> \n> > (3) The general standards for a driver authority are as follows—\n> > \n> > > (a) that the applicant is at least 20 years of age,\n> > \n> > > (b) that the applicant is of good repute and is in all other respects a fit and proper person to be the driver of a vehicle used to provide a public passenger service,\n> > \n> > > (c) that the applicant has demonstrated sufficient responsibility and aptitude to drive the vehicle to which the authority relates in accordance with law and custom and the standards under which the public passenger service operates,\n> > \n> > > (d) that the applicant holds an unrestricted driver licence (within the meaning of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018)) to drive a vehicle to which the authority relates or any other licence to drive the vehicle prescribed by the regulations for the purposes of this subsection.\n> \n> > (4) The standards for a current driver are as follows—\n> > \n> > > (a) that the applicant is the holder of a driver authority to drive a vehicle used to provide a public passenger service of the same or a different kind,\n> > \n> > > (b) that the standards required to be met for the grant of the driver authority are substantially similar to those required for the authority being applied for or the applicant has demonstrated that the applicant meets any additional standards applicable to the driver authority being applied for,\n> > \n> > > (c) that the applicant is not the subject of any action being taken or proposed to be taken by TfNSW relating to a driver authority held by the applicant.\n> \n> > (5) The regulations may prescribe additional standards that are required to be met for the grant of a driver authority, either generally or in a particular case or class of cases.","sortOrder":78},{"sectionNumber":"61","sectionType":"section","heading":"Additional standards for bus drivers","content":"#### 61 Additional standards for bus drivers\n\n61 Additional standards for bus drivers\n\n> It is also a standard for a driver authority to drive a bus used to provide a bus service that the applicant has successfully completed a bus driver training course approved by TfNSW and conducted by a registered training organisation or TfNSW is satisfied the applicant has the appropriate competence.","sortOrder":79},{"sectionNumber":"62","sectionType":"section","heading":null,"content":"#### 62\n\n62 (Repealed)","sortOrder":80},{"sectionNumber":"63","sectionType":"section","heading":"Applications after refusal or cancellation","content":"#### 63 Applications after refusal or cancellation\n\n63 Applications after refusal or cancellation\n\n> > (1) TfNSW may refuse to consider an application for a driver authority if the applicant—\n> > \n> > > (a) has made an unsuccessful application for a driver authority or was the holder of a driver authority (whether of the same or a different kind) that has been cancelled under this Act, and\n> > \n> > > (b) the application is made within 12 months after the refusal or the cancellation took effect.\n> \n> > (2) There is no right to apply to the Civil and Administrative Tribunal for an administrative review of a decision under this section to refuse to consider an application.","sortOrder":82},{"sectionNumber":"64","sectionType":"section","heading":"Conditions of driver authorities","content":"#### 64 Conditions of driver authorities\n\n64 Conditions of driver authorities\n\n> TfNSW may grant an application for a driver authority unconditionally or subject to the conditions specified by TfNSW in the authority.","sortOrder":83},{"sectionNumber":"65","sectionType":"section","heading":"Form of driver authority","content":"#### 65 Form of driver authority\n\n65 Form of driver authority\n\n> > (1) A driver authority is to be in the form approved by TfNSW.\n> \n> > (2) The regulations may make provision for or with respect to the issue, use or replacement of or other dealings with driver authority cards for holders of driver authorities.","sortOrder":84},{"sectionNumber":"66","sectionType":"section","heading":"Term of driver authority","content":"#### 66 Term of driver authority\n\n66 Term of driver authority\n\n> > (1) A driver authority is in force for the period specified by TfNSW in the authority unless it is sooner cancelled.\n> \n> > (2) A driver authority does not have effect while suspended and the suspension of an authority does not affect the day on which the term of an authority expires.","sortOrder":85},{"sectionNumber":"67","sectionType":"section","heading":"Renewal of driver authority","content":"#### 67 Renewal of driver authority\n\n67 Renewal of driver authority\n\n> > (1) A driver authority may be renewed on application to TfNSW made before the expiry of the authority.\n> \n> > (2) This Act applies to an application for the renewal of a driver authority in the same way as it applies to an application for an authority.","sortOrder":86},{"sectionNumber":"68","sectionType":"section","heading":"Notice of decision","content":"#### 68 Notice of decision\n\n68 Notice of decision\n\n> > (1) TfNSW must give an applicant for a driver authority or renewal of an authority written notice of the decision on the application.\n> \n> > (2) If notice of a decision is not given to an applicant within 90 days of an application being made, the application is taken to have been refused.\n> \n> > (3) Subsection (2) does not prevent an application from being granted after the period of 90 days has elapsed.","sortOrder":87},{"sectionNumber":"69","sectionType":"section","heading":"Conditions of driver authorities generally","content":"#### 69 Conditions of driver authorities generally\n\n69 Conditions of driver authorities generally\n\n> > (1) A driver authority to drive a vehicle used to provide a public passenger service is subject to the following conditions—\n> > \n> > > (a) any conditions imposed by TfNSW and in force from time to time,\n> > \n> > > (b) any conditions specified by this Act or prescribed by the regulations.\n> \n> > (2) TfNSW may at any time, by written notice given to the holder of a driver authority, impose a condition on the authority or vary or revoke a condition of the authority imposed by TfNSW.\n> \n> > (3) TfNSW must not impose a condition on a driver authority that is inconsistent with this Act or the regulations.\n> \n> > (4) Without limiting subsection (1), the regulations may prescribe conditions on a driver authority relating to reporting occurrences of a specified kind to TfNSW or other persons.","sortOrder":89},{"sectionNumber":"70","sectionType":"section","heading":null,"content":"#### 70\n\n70 (Repealed)","sortOrder":90},{"sectionNumber":"71","sectionType":"section","heading":"Variation, suspension or cancellation of driver authorities generally","content":"#### 71 Variation, suspension or cancellation of driver authorities generally\n\n71 Variation, suspension or cancellation of driver authorities generally\n\n> > (1) TfNSW may vary, suspend or cancel a driver authority if—\n> > \n> > > (a) the holder does not comply with a standard required to be met for the grant of a driver authority of that kind, or\n> > \n> > > (b) the holder fails to comply with a condition of the driver authority, or\n> > \n> > > (c) the holder fails to comply with this Act or the regulations, or\n> > \n> > > (d) a driver licence held by the holder is cancelled, suspended or expires or the holder is otherwise disqualified from driving a motor vehicle, or\n> > \n> > > (e) proceedings have been commenced against the holder for an offence of a kind prescribed by the regulations, or\n> > \n> > > (f) for any other reason it thinks fit.\n> > \n> > Note.\n> > \n> > TfNSW may also vary the conditions of a driver authority at any time (see section 69).\n> \n> > (2) Without limiting subsection (1), TfNSW may take action under this section on the ground that the holder of a driver authority is not of good repute and in all other respects a fit and proper person to hold a driver authority if TfNSW is satisfied that the holder has failed, on written request given to the holder by TfNSW, to provide TfNSW with sufficient evidence that the holder is a person of good repute and is in all other respects a fit and proper person to hold a driver authority.\n> \n> > (3) TfNSW may take action against the holder of a licence on the ground referred to in subsection (2) without making a written request referred to in that subsection.","sortOrder":93},{"sectionNumber":"Part 5","sectionType":"part","heading":null,"content":"# Part 5\n\nParts 5, 6\n\n72–120 (Repealed)\n\n**pt 5:** Rep 2016 No 34, Sch 5 \\[12\\].\n\n**Parts 6 (ss 72–120):** Rep 2016 No 34, Sch 5 \\[12\\].","sortOrder":94},{"sectionNumber":"Part 7","sectionType":"part","heading":"Passenger transport fares, concessions and fees","content":"# Part 7 Passenger transport fares, concessions and fees\n\nPart 7 Passenger transport fares, concessions and fees","sortOrder":95},{"sectionNumber":"121","sectionType":"section","heading":"Definition","content":"#### 121 Definition\n\n121 Definition\n\n> In this Part—\n> \n> fares order means an order made by TfNSW under section 125.","sortOrder":97},{"sectionNumber":"122","sectionType":"section","heading":"Application of Division","content":"#### 122 Application of Division\n\n122 Application of Division\n\n> This Division applies to the following public passenger services—\n> \n> > (a) a public passenger service operated by a corporation constituted under the [Transport Administration Act 1988](/view/html/inforce/current/act-1988-109) or the regulations under that Act,\n> \n> > (b) (Repealed)\n> \n> > (c) a service provided by an operator under a passenger service contract (other than a corporation referred to in paragraph (a)), if the contract so provides,\n> \n> > (d) any other service prescribed by the regulations for the purposes of this Part.\n> \n> **s 122:** Am 2016 No 34, Sch 5 \\[6\\].","sortOrder":99},{"sectionNumber":"123","sectionType":"section","heading":"Referrals to IPART","content":"#### 123 Referrals to IPART\n\n123 Referrals to IPART\n\n> > (1) The Minister may, with the approval of the Minister administering the [Independent Pricing and Regulatory Tribunal Act 1992](/view/html/inforce/current/act-1992-039), refer all or any of the services provided by one or more public passenger services to IPART for determination of or a recommendation as to the following—\n> > \n> > > (a) appropriate maximum fares for the service or services,\n> > \n> > > (b) appropriate maximum fares for specified fares or classes of fares for the service or services.\n> \n> > (2) A referral may do any or all of the following—\n> > \n> > > (a) specify a period within which IPART is to report to the Minister on its determination or recommendation,\n> > \n> > > (b) require IPART to consider specified matters when making its investigations for the purposes of its report.\n> \n> > (3) A matter relating to a service referred to in section 122 (a) or (c) may be referred to IPART under this section for a recommendation or for a determination.\n> \n> > (4) A matter relating to any other public passenger service may be referred to IPART under this section only for a recommendation.\n> \n> > (5) IPART may request the Minister to refer a matter to IPART under this section.\n> \n> > (6) A referral may be varied or withdrawn by the Minister, with the approval of the Minister administering the [Independent Pricing and Regulatory Tribunal Act 1992](/view/html/inforce/current/act-1992-039). A variation or withdrawal of a referral does not affect the operation of this Act or that Act in respect of a report on the referral, or the subject-matter of the report, if the report was received by the Minister from IPART before the variation or withdrawal.\n> \n> **s 123:** Am 2015 No 15, Sch 1.19 \\[1\\].","sortOrder":100},{"sectionNumber":"124","sectionType":"section","heading":"IPART investigations and determinations","content":"#### 124 IPART investigations and determinations\n\n124 IPART investigations and determinations\n\n> > (1) IPART is to conduct investigations and report to the Minister on the appropriate maximum fares if a referral is made under this Part.\n> \n> > (2) IPART may report to the Minister on any matter it considers relevant that arises from an investigation under this Part.\n> \n> > (3) IPART is to consider the following matters in making a determination or recommendation under this Part—\n> > \n> > > (a) the cost of providing the services,\n> > \n> > > (b) the need for greater efficiency in the supply of services so as to reduce costs for the benefit of consumers and taxpayers,\n> > \n> > > (c) the protection of consumers from abuses of monopoly power in terms of prices, pricing policies and standards of service,\n> > \n> > > (d) the social impact of the determination or recommendation,\n> > \n> > > (e) the impact of the determination or recommendation on the use of the public passenger transport network and the need to increase the proportion of travel undertaken by sustainable modes such as public transport,\n> > \n> > > (f) standards of quality, reliability and safety of the services (whether those standards are specified by legislation, agreement or otherwise),\n> > \n> > > (g) the effect of the determination or recommendation on the level of Government funding,\n> > \n> > > (h) any matter specified in the referral to IPART,\n> > \n> > > (i) any other matter IPART considers relevant.\n> \n> > (4) IPART must indicate what regard it has had to the matters specified in this section in any report of a determination or recommendation under this Part.\n> \n> > (5) If IPART makes a determination or recommendation to increase the maximum fare for a service provided by a corporation constituted under the [Transport Administration Act 1988](/view/html/inforce/current/act-1988-109) or under a passenger service contract that provides (however expressed) for the payment of fare revenue to TfNSW, IPART is required to assess and report on the likely annual cost to the Consolidated Fund if the fare were not increased to the maximum permitted and compensation were paid to the corporation or TfNSW for the revenue foregone by an appropriation from the Consolidated Fund.\n> \n> > (6) Sections 13A–14A and Divisions 6 and 7 of Part 3 of the [Independent Pricing and Regulatory Tribunal Act 1992](/view/html/inforce/current/act-1992-039) apply to an investigation and report by IPART under this Part in the same way as they apply to a determination, investigation or report under that Act. The provisions so apply as if a reference in those provisions to the Minister were a reference to the Minister administering this Act.\n> \n> **s 124:** Am 2015 No 15, Sch 2.39 \\[1\\].","sortOrder":101},{"sectionNumber":"125","sectionType":"section","heading":"Fares orders","content":"#### 125 Fares orders\n\n125 Fares orders\n\n> > (1) TfNSW may, by order published on the NSW legislation website (a fares order), determine the following for all or any of the services provided by one or more public passenger services—\n> > \n> > > (a) the maximum fares for the service or services,\n> > \n> > > (b) specified maximum fares or classes of fares for the service or services.\n> \n> > (2) TfNSW may not determine a fare that exceeds any maximum fare determined by IPART under this Part or that is determined otherwise than in accordance with a methodology determined by IPART under this Part.\n> \n> > (3) TfNSW may have regard to any recommendation of IPART under this Part when making a fares order.\n> \n> > (4) A fares order may specify a fare or specify the manner in which a fare is to be calculated.\n> \n> > (5) (Repealed)\n> \n> > (6) A person must not demand a fare for the provision of a service that—\n> > \n> > > (a) exceeds the amount of the fare determined for the service under a fares order, or\n> > \n> > > (b) contravenes arrangements for remuneration approved by a fares order.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (7) A fares order prevails to the extent of any inconsistency with an order made under Division 5 of Part 8 of the [Transport Administration Act 1988](/view/html/inforce/current/act-1988-109).\n> \n> > (8) This section does not prevent the operator of a public passenger service from demanding a fare that is, or making contracts or arrangements for the provision of a service for which the fare is, lower than that determined under a fares order, subject to the provisions of any applicable passenger service contract.\n> \n> **s 125:** Am 2016 No 34, Sch 5 \\[6\\] \\[13\\].","sortOrder":102},{"sectionNumber":"126","sectionType":"section","heading":null,"content":"#### 126\n\n126, 127 (Repealed)","sortOrder":103},{"sectionNumber":"128","sectionType":"section","heading":"Conditions of travel or ticketing","content":"#### 128 Conditions of travel or ticketing\n\n128 Conditions of travel or ticketing\n\n> > (1) Regulations may be made for or with respect to the following matters for a public passenger service (other than an air transport service)—\n> > \n> > > (a) conditions of travel for passengers,\n> > \n> > > (b) conditions for the carriage of freight or other things,\n> > \n> > > (c) conditions for the provision of tickets.\n> \n> > (2) Without limiting subsection (1), the regulations may—\n> > \n> > > (a) provide for a deemed contract between a passenger and the operator of the public passenger service relating to the provision of transport to a passenger using the service, and\n> > \n> > > (b) specify rights, obligations and liabilities under any such contract, and\n> > \n> > > (c) exculpate TfNSW or the operator of a public passenger service from liability, or otherwise limit the liability of TfNSW or an operator, in connection with the provision of a public passenger service, and\n> > \n> > > (d) exclude TfNSW from being taken to be, or being, the operator of a public passenger service for the purposes of the provision of transport to a passenger.\n> \n> > (3) A regulation made under this section prevails to the extent of any inconsistency with an order made under Division 5 of Part 8 of the [Transport Administration Act 1988](/view/html/inforce/current/act-1988-109).\n> \n> **s 128:** Am 2016 No 34, Sch 5 \\[14\\].","sortOrder":106},{"sectionNumber":"128A","sectionType":"section","heading":"Smartcard terms and conditions","content":"#### 128A Smartcard terms and conditions\n\n128A Smartcard terms and conditions\n\n> > (1) TfNSW may, by order published in the Gazette, determine terms and conditions for the use of smartcards.\n> \n> > (2) Without limiting subsection (1), an order published under subsection (1) may make provision for terms and conditions relating to the following—\n> > \n> > > (a) payments for, and the use of, smartcards as an authority to travel,\n> > \n> > > (b) the validity, cancellation, registration and expiry of smartcards,\n> > \n> > > (c) the transfer, refund and forfeiture of smartcard balances,\n> > \n> > > (d) requiring proof of use of, and proof of entitlement to use, smartcards,\n> > \n> > > (e) exculpating TfNSW from liability, or otherwise limiting the liability of TfNSW, in connection with the use of smartcards.\n> \n> > (3) An order published under subsection (1) may—\n> > \n> > > (a) apply generally or be limited in its application by reference to specified exceptions or factors, and\n> > \n> > > (b) apply differently according to different factors of a specified kind.\n> \n> **s 128A:** Ins 2025 No 77, Sch 5\\[3\\].","sortOrder":107},{"sectionNumber":"129","sectionType":"section","heading":"Minister to determine subsidy scheme and concessions","content":"#### 129 Minister to determine subsidy scheme and concessions\n\n129 Minister to determine subsidy scheme and concessions\n\n> > (1) The Minister may approve, by order published in the Gazette, a scheme for Government subsidised travel on public passenger services, passenger services under the [Point to Point Transport (Taxis and Hire Vehicles) Act 2016](/view/html/inforce/current/act-2016-034) or other Government subsidised travel.\n> \n> > (2) Without limiting subsection (1), an order under this section may—\n> > \n> > > (a) determine the classes of persons who are entitled to travel free or to the benefit of a fare concession on a service, or to have the benefit of other Government subsidised travel, and\n> > \n> > > (b) specify ancillary matters, including the level of concessions available to specified classes of persons and the services on which and times when free travel or fare concessions are available.\n> \n> **s 129:** Am 2016 No 34, Sch 5 \\[15\\].","sortOrder":109},{"sectionNumber":"130","sectionType":"section","heading":"Administration of subsidy schemes and concessions","content":"#### 130 Administration of subsidy schemes and concessions\n\n130 Administration of subsidy schemes and concessions\n\n> > (1) TfNSW is to administer, or arrange for the administration of, any scheme approved by an order under this Division.\n> \n> > (2) TfNSW must give effect to the order and may, subject to that order, determine the conditions for the issue, cancellation, replacement and use of passes or vouchers for persons entitled to travel free or to the benefit of a fare concession or entitled to the benefit of other Government subsidised travel.\n> \n> > (3) A determination by TfNSW may provide for (but is not limited to) the following—\n> > \n> > > (a) procedures for assessing eligibility,\n> > \n> > > (b) notification by recipients of changes in eligibility circumstances,\n> > \n> > > (c) suspension of benefits,\n> > \n> > > (d) fees payable to TfNSW to cover administrative costs relating to the determination of concession or subsidised travel applications and the issue and replacement of passes and other matters related to its functions under this section.\n> \n> > (4) Despite this Division, the regulations may provide that persons of a specified class are not entitled to a benefit under a scheme approved under this Division. This subsection applies despite any determination or direction of the Minister or an operator of a service or the [Anti-Discrimination Act 1977](/view/html/inforce/current/act-1977-048).\n> \n> > (5) Payments required to be made in accordance with a scheme approved under this Division are to be made from such money as may be provided by Parliament.\n> \n> > (6) Regulations may be made for or with respect to the following matters—\n> > \n> > > (a) prohibiting the provision of false or misleading information relating to applications for, or dealings with, a concession or other benefit under a scheme approved under this Division,\n> > \n> > > (b) prohibiting or regulating the use of, or other matters relating to, passes or vouchers used in connection with a scheme approved under this Division,\n> > \n> > > (c) imposing penalties for failing to comply with the conditions for free or concession passes for travel or for other Government subsidised travel,\n> > \n> > > (d) the recovery of amounts overpaid or wrongly received under a scheme approved under this Division.","sortOrder":110},{"sectionNumber":"Part 8","sectionType":"part","heading":"Safety information and investigations","content":"# Part 8 Safety information and investigations\n\nPart 8 Safety information and investigations","sortOrder":111},{"sectionNumber":"131","sectionType":"section","heading":"Bus safety reports","content":"#### 131 Bus safety reports\n\n131 Bus safety reports\n\n> > (1) TfNSW may require the operator of a bus service to provide to TfNSW information as to measures taken by the operator to promote safety, or relating to safety, that TfNSW reasonably requires.\n> \n> > (2) TfNSW may, by written notice, require the operator of a bus service to submit a safety report to TfNSW.\n> \n> > (3) The operator of a bus service must comply with a requirement under this section to provide information to TfNSW and must provide the information in the form and manner approved by TfNSW.\n> > \n> > Maximum penalty—500 penalty units.\n> \n> > (4) TfNSW is to make available to the Chief Investigator all information provided to TfNSW under this section that relates to a transport accident or incident that may affect the safe provision of a bus service.","sortOrder":113},{"sectionNumber":"132","sectionType":"section","heading":"Notifiable occurrences relating to buses","content":"#### 132 Notifiable occurrences relating to buses\n\n132 Notifiable occurrences relating to buses\n\n> > (1) The operator of a bus service must report to TfNSW or any other person prescribed by the regulations, in accordance with the regulations, on any notifiable occurrence that affects the bus service.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (2) The regulations may—\n> > \n> > > (a) prescribe the kinds of occurrences that are notifiable occurrences, and\n> > \n> > > (b) prescribe the time within which and the manner in which a notifiable occurrence or class of occurrences is to be reported, and\n> > \n> > > (c) prescribe matters that are to be reported about notifiable occurrences or classes of notifiable occurrences.","sortOrder":114},{"sectionNumber":"133","sectionType":"section","heading":"Chief Investigator may investigate transport accidents or incidents","content":"#### 133 Chief Investigator may investigate transport accidents or incidents\n\n133 Chief Investigator may investigate transport accidents or incidents\n\n> > (1) The Chief Investigator may investigate any transport accident or incident that may affect the safe provision of railway operations, a bus service or a ferry service (a safety incident).\n> \n> > (2) The Minister may require the Chief Investigator to investigate and report to the Minister on a safety incident.\n> \n> > (3) A transport safety investigation may extend to all relevant events and circumstances preceding the safety incident.\n> \n> > (4) The Chief Investigator may, at any time, discontinue a transport safety investigation, other than an investigation requested by the Minister.","sortOrder":116},{"sectionNumber":"134","sectionType":"section","heading":"Investigation not affected by other inquiries or proceedings","content":"#### 134 Investigation not affected by other inquiries or proceedings\n\n134 Investigation not affected by other inquiries or proceedings\n\n> A transport safety investigation may be carried out and a report provided on a safety incident under this Division whether or not—\n> \n> > (a) an investigation is being, or has been, conducted under any other Act or law (including a law of the Commonwealth) relating to the same matter, or\n> \n> > (b) the matter is or may be subject to any criminal or civil proceedings, or\n> \n> > (c) the matter is the subject of an inquest or inquiry under the [Coroners Act 2009](/view/html/inforce/current/act-2009-041), or\n> \n> > (d) the matter is or may be the subject of a transport safety inquiry.","sortOrder":117},{"sectionNumber":"135","sectionType":"section","heading":"Conduct of transport safety investigation","content":"#### 135 Conduct of transport safety investigation\n\n135 Conduct of transport safety investigation\n\n> The Chief Investigator is to conduct a transport safety investigation in the manner the Chief Investigator thinks appropriate.","sortOrder":118},{"sectionNumber":"136","sectionType":"section","heading":"Provision of information and production of documents to Chief Investigator","content":"#### 136 Provision of information and production of documents to Chief Investigator\n\n136 Provision of information and production of documents to Chief Investigator\n\n> > (1) The Chief Investigator may, by written notice, require either or both of the following—\n> > \n> > > (a) the attendance of any person at any place to answer questions in relation to a transport safety investigation,\n> > \n> > > (b) the production of any documents or other things required for the purposes of any such investigation.\n> \n> > (2) The Chief Investigator may require a person to answer questions in relation to a transport safety investigation.\n> \n> > (3) A person must not, without reasonable excuse, fail to comply with a requirement made of the person under this section.\n> > \n> > Maximum penalty—100 penalty units.\n> > \n> > Note.\n> > \n> > Clause 29 of Schedule 1 provides protection in relation to self-incriminating evidence.\n> \n> > (4) A person attending at a place to answer questions is to be paid expenses of the amount or at the rate approved by the Minister for the purposes of this section.\n> \n> > (5) The notice under subsection (1) must be signed by the Chief Investigator and specify the time and place at which the person is required to attend to answer questions or produce the documents or other things.\n> \n> > (6) The Chief Investigator may require a person who attends to answer questions under this section to answer the questions on oath or affirmation and, for that purpose, the Chief Investigator—\n> > \n> > > (a) may require the person to take an oath or to make an affirmation, and\n> > \n> > > (b) may administer an oath to, or take an affirmation from, the person.","sortOrder":119},{"sectionNumber":"137","sectionType":"section","heading":"Reports on transport safety investigations","content":"#### 137 Reports on transport safety investigations\n\n137 Reports on transport safety investigations\n\n> > (1) The Chief Investigator must provide to the Minister a written report on a transport safety investigation, including any discontinued investigation.\n> \n> > (2) The Chief Investigator may provide a copy of a draft report, or proposed recommendations in a report, on a confidential basis, to the Minister or any other person before completing the report—\n> > \n> > > (a) if the Chief Investigator thinks that it is desirable or necessary to do so for the purposes of transport safety, or\n> > \n> > > (b) to allow the making of submissions about the draft report, or\n> > \n> > > (c) to give advance notice of the likely form of the report.\n> \n> > (3) The Chief Investigator may include in a report on a transport safety investigation any submissions made in response to a draft report or draft recommendations, safety action statements or safety recommendations.\n> \n> > (4) If the Chief Investigator discontinues an investigation, the Chief Investigator must provide to the Minister, within 28 days, a written report setting out the reasons for discontinuing the investigation and a report on the investigation.\n> \n> > (5) In this section—\n> > \n> > safety action statement means a statement—\n> > \n> > > (a) setting out any safety issues identified during the course of an investigation that should be addressed, or\n> > \n> > > (b) setting out any steps taken by persons to remedy safety issues identified during the course of an investigation.","sortOrder":120},{"sectionNumber":"138","sectionType":"section","heading":"Obligations of persons who receive draft reports or recommendations","content":"#### 138 Obligations of persons who receive draft reports or recommendations\n\n138 Obligations of persons who receive draft reports or recommendations\n\n> > (1) A person must not copy, or disclose to a person or a court, the contents of a draft report or draft recommendations provided to the person under this Division, except—\n> > \n> > > (a) as required or authorised by or under this or any other Act, or\n> > \n> > > (b) where necessary to take steps to remedy safety issues identified in the draft report, or\n> > \n> > > (c) where necessary to prepare submissions on the draft report or draft recommendations.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (2) A person who is provided with a draft report under this Division—\n> > \n> > > (a) cannot be required to disclose it to a person or a court, and\n> > \n> > > (b) is not entitled to take any disciplinary action against an employee of the person on the basis of the report.","sortOrder":121},{"sectionNumber":"139","sectionType":"section","heading":"Compliance with subpoenas and directions relating to safety incidents","content":"#### 139 Compliance with subpoenas and directions relating to safety incidents\n\n139 Compliance with subpoenas and directions relating to safety incidents\n\n> A person who is or was the Chief Investigator or a transport safety investigator is not obliged to comply with a subpoena or similar direction of a court in relation to civil proceedings to attend and answer questions relating to an accident or incident or other event, occurrence, practice or matter the subject of a transport safety investigation, if the Chief Investigator has issued a certificate stating that the person is or was involved in any such transport safety investigation.","sortOrder":122},{"sectionNumber":"140","sectionType":"section","heading":"Minister may constitute Board of Inquiry for transport safety inquiry","content":"#### 140 Minister may constitute Board of Inquiry for transport safety inquiry\n\n140 Minister may constitute Board of Inquiry for transport safety inquiry\n\n> > (1) The Minister may constitute one or more persons as a Board of Inquiry to conduct an inquiry into and report on any transport accident or incident or any other event, occurrence, practice or matter that may affect the safe provision of railway operations, a bus service or a ferry service (a transport safety inquiry).\n> \n> > (2) The Board of Inquiry must, within the period required by the Minister, prepare a report as to the causes of the accident or incident or on the event, occurrence, practice or matter and provide a copy of the report to the Minister.\n> \n> > (3) The Minister may not terminate a transport safety inquiry.\n> \n> > (4) A transport safety inquiry may be carried out and a report provided whether or not—\n> > \n> > > (a) an investigation is being, or has been, conducted under any other Act or law (including a law of the Commonwealth) relating to the same matter, or\n> > \n> > > (b) the matter is or may be subject to any criminal or civil proceedings, or\n> > \n> > > (c) the matter is the subject of an inquest or inquiry under the [Coroners Act 2009](/view/html/inforce/current/act-2009-041).","sortOrder":124},{"sectionNumber":"141","sectionType":"section","heading":"Chief Investigator may request transport safety inquiry","content":"#### 141 Chief Investigator may request transport safety inquiry\n\n141 Chief Investigator may request transport safety inquiry\n\n> > (1) The Chief Investigator may, if he or she considers it to be appropriate in the circumstances, by written notice to the Minister, request that a transport safety inquiry be conducted into any transport accident or incident or any other event, occurrence, practice or matter that may affect the safe provision of railway operations, a ferry service or a bus service.\n> \n> > (2) If the Minister receives a request under this section, the Minister is to—\n> > \n> > > (a) constitute a Board of Inquiry to conduct a transport safety inquiry into the accident, incident, event, occurrence, practice or matter, or\n> > \n> > > (b) within one month after receiving the notice, provide the Chief Investigator with written reasons for not doing so and table the notice and the reasons in each House of Parliament.","sortOrder":125},{"sectionNumber":"142","sectionType":"section","heading":"Conduct of transport safety inquiry","content":"#### 142 Conduct of transport safety inquiry\n\n142 Conduct of transport safety inquiry\n\n> > (1) A Board of Inquiry is to determine its own procedure, except as provided by this Act or the regulations.\n> \n> > (2) A Board of Inquiry may, at a transport safety inquiry, take evidence on oath or affirmation and, for that purpose, the person or persons constituting the Board—\n> > \n> > > (a) may require a person appearing at the inquiry to give evidence, to take an oath or to make an affirmation in a form approved by the person presiding, and\n> > \n> > > (b) may administer an oath to, or take an affirmation from, a person appearing at the inquiry.\n> \n> > (3) In conducting a transport safety inquiry, a Board of Inquiry—\n> > \n> > > (a) is not bound to act in a formal manner, and\n> > \n> > > (b) is not bound by the rules of evidence and may inform itself on any matter in any way that it considers appropriate.\n> \n> > (4) If the Board of Inquiry agrees, an agent (including a legal practitioner) may represent a person or body at a transport safety inquiry.","sortOrder":126},{"sectionNumber":"143","sectionType":"section","heading":"Assessors","content":"#### 143 Assessors\n\n143 Assessors\n\n> > (1) A Board of Inquiry, when conducting, and making a determination in respect of, a transport safety inquiry is to sit with any assessors that may be appointed by the Minister for the purposes of the inquiry.\n> \n> > (2) An assessor sitting with a Board of Inquiry has the power to advise the Board of Inquiry but not to adjudicate on any matter before the Board of Inquiry.\n> \n> > (3) A Board of Inquiry has the right to consult, either collectively or individually, and either in public or in private, with assessors sitting with it.","sortOrder":127},{"sectionNumber":"144","sectionType":"section","heading":"Witnesses and evidence at transport safety inquiries","content":"#### 144 Witnesses and evidence at transport safety inquiries\n\n144 Witnesses and evidence at transport safety inquiries\n\n> > (1) A Board of Inquiry may summon a person to appear at a transport safety inquiry to give evidence and to produce any documents that are specified in the summons.\n> \n> > (2) A Board of Inquiry may require a person appearing at a transport safety inquiry to do any one or more of the following—\n> > \n> > > (a) be sworn or affirmed,\n> > \n> > > (b) produce a document,\n> > \n> > > (c) answer a question.\n> \n> > (3) A person attending as a witness before a Board of Inquiry is to be paid expenses of the amount or at the rate approved by the Minister for the purposes of this section.\n> \n> > (4) A person must not, without reasonable excuse, fail to comply with a requirement made of the person under this section.\n> > \n> > Maximum penalty—\n> > \n> > > (a) in the case of a body corporate, 500 penalty units or, in the case of a second or subsequent offence by a body corporate under this section, 750 penalty units, or\n> > \n> > > (b) in the case of an individual, 250 penalty units or, in the case of a second or subsequent offence by an individual under this section, 375 penalty units.","sortOrder":128},{"sectionNumber":"145","sectionType":"section","heading":"Compliance with subpoenas and directions relating to safety incidents","content":"#### 145 Compliance with subpoenas and directions relating to safety incidents\n\n145 Compliance with subpoenas and directions relating to safety incidents\n\n> A person who is or was a member of a Board of Inquiry or an authorised officer is not obliged to comply with a subpoena or similar direction of a court in relation to civil proceedings to attend and answer questions relating to an accident or incident or other event, occurrence, practice or matter the subject of a transport safety inquiry, if the Minister has issued a certificate stating that the person is or was involved in a transport safety inquiry.","sortOrder":129},{"sectionNumber":"146","sectionType":"section","heading":"Appointment of transport safety investigators","content":"#### 146 Appointment of transport safety investigators\n\n146 Appointment of transport safety investigators\n\n> > (1) The Chief Investigator may appoint an authorised person (within the meaning of section 45DA of the [Transport Administration Act 1988](/view/html/inforce/current/act-1988-109)) as a transport safety investigator for the purposes of conducting a transport safety investigation.\n> > \n> > Note.\n> > \n> > Section 45DA of the [Transport Administration Act 1988](/view/html/inforce/current/act-1988-109) permits the Chief Investigator to delegate any of his or her functions.\n> \n> > (2) The Chief Investigator must issue a transport safety investigator with an identity card.\n> \n> > (3) The identity card must—\n> > \n> > > (a) be in the form approved by the Minister, and\n> > \n> > > (b) contain a recent photograph of the person.\n> \n> > (4) A transport safety investigator must not exercise a function conferred by or under this Act unless an identity card has been issued to the investigator by the Chief Investigator.","sortOrder":131},{"sectionNumber":"147","sectionType":"section","heading":"Identity cards","content":"#### 147 Identity cards\n\n147 Identity cards\n\n> > (1) This section applies to a transport safety investigator who is exercising, or about to exercise, a function under this Act.\n> \n> > (2) A transport safety investigator must—\n> > \n> > > (a) carry his or her identity card at all times when exercising a power under this Act to enter premises or a power that is exercisable after entering premises, and\n> > \n> > > (b) produce his or her identity card if requested to do so by a person in relation to whom the investigator is exercising, or about to exercise, the power.\n> \n> > (3) A person who has ceased to be a transport safety investigator must not, without reasonable excuse, refuse or fail to return to the Chief Investigator, within the period specified by the Chief Investigator in a request for the return of the card, any identity card issued to the person by the Chief Investigator.\n> \n> > (4) Subsection (2) does not apply to a power conferred by a search warrant.\n> \n> Maximum penalty—15 penalty units.","sortOrder":132},{"sectionNumber":"148","sectionType":"section","heading":"Functions relating to transport safety investigations","content":"#### 148 Functions relating to transport safety investigations\n\n148 Functions relating to transport safety investigations\n\n> A transport safety investigator may exercise the functions conferred by Part 1 of Schedule 1 if the investigator believes on reasonable grounds that it is necessary to do so for the purposes of, or in connection with, a transport safety investigation.","sortOrder":133},{"sectionNumber":"149","sectionType":"section","heading":"Tabling of reports of transport safety investigations and transport safety inquiries","content":"#### 149 Tabling of reports of transport safety investigations and transport safety inquiries\n\n149 Tabling of reports of transport safety investigations and transport safety inquiries\n\n> > (1) The Minister is to lay (or cause to be laid) a report on a transport safety investigation or a transport safety inquiry before both Houses of Parliament as soon as reasonably practicable, but not later than 7 days, after the Minister receives the report.\n> \n> > (2) If a House of Parliament is not sitting when the Minister seeks to lay a report before it, the Minister may present copies of the report to the Clerk of the House concerned.\n> \n> > (3) The report—\n> > \n> > > (a) is, on presentation and for all purposes, taken to have been laid before the House, and\n> > \n> > > (b) may be printed by authority of the Clerk of the House, and\n> > \n> > > (c) if so printed, is for all purposes taken to be a document published by or under the authority of the House, and\n> > \n> > > (d) is to be recorded—\n> > > \n> > > > (i) in the case of the Legislative Council, in the Minutes of the Proceedings of the Legislative Council, and\n> > > \n> > > > (ii) in the case of the Legislative Assembly, in the Votes and Proceedings of the Legislative Assembly,\n> > > \n> > > on the first sitting day of the House after receipt of the report by the Clerk.","sortOrder":135},{"sectionNumber":"150","sectionType":"section","heading":"Confidential reporting of safety information by transport safety employees","content":"#### 150 Confidential reporting of safety information by transport safety employees\n\n150 Confidential reporting of safety information by transport safety employees\n\n> > (1) The Chief Investigator may establish a system for the voluntary reporting by transport safety employees or rail safety workers (within the meaning of the [Rail Safety National Law (NSW)](/view/html/inforce/current/act-2012-82a)) of matters that may affect the safe provision of railway operations, a ferry service or a bus service.\n> \n> > (2) The Chief Investigator must not disclose to any other person, or to any court, any information that may identify an employee who provides information under any such voluntary reporting system unless—\n> > \n> > > (a) the employee consents to the disclosure, or\n> > \n> > > (b) the Chief Investigator or a court is of the opinion that it is necessary in the public interest that the information be disclosed.\n> \n> > (3) Nothing in this section prevents the Chief Investigator from disclosing information obtained under this section to the regulator.\n> \n> > (4) Regulations may be made for or with respect to the following matters—\n> > \n> > > (a) the form and manner in which reports may be made,\n> > \n> > > (b) the manner in which reports are to be dealt with and the purposes for which information reported under this section may be used,\n> > \n> > > (c) other requirements for a system established under this section.\n> \n> > (5) In this section—\n> > \n> > regulator means—\n> > \n> > > (a) in relation to a bus service or a ferry service—TfNSW, or\n> > \n> > > (b) in relation to railway operations—the National Rail Safety Regulator under the [Rail Safety National Law (NSW)](/view/html/inforce/current/act-2012-82a), or\n> > \n> > > (c) any other person prescribed by the regulations for the purposes of this definition.","sortOrder":136},{"sectionNumber":"151","sectionType":"section","heading":"Recommendations arising from investigations","content":"#### 151 Recommendations arising from investigations\n\n151 Recommendations arising from investigations\n\n> > (1) The Minister, in consultation with TfNSW, may, by written notice, direct a person who carries on a ferry service to comply with a recommendation contained in a report on a transport safety investigation or transport safety inquiry provided to the Minister under this Part.\n> \n> > (2) A person who, without reasonable excuse, fails to comply with a requirement of the Minister under this section is guilty of an offence.\n> > \n> > Maximum penalty—1,000 penalty units.","sortOrder":137},{"sectionNumber":"Part 9","sectionType":"part","heading":"Enforcement","content":"# Part 9 Enforcement\n\nPart 9 Enforcement","sortOrder":138},{"sectionNumber":"152","sectionType":"section","heading":"Appointment of authorised officers by TfNSW","content":"#### 152 Appointment of authorised officers by TfNSW\n\n152 Appointment of authorised officers by TfNSW\n\n> > (1) TfNSW may appoint a member of staff of a transport authority, or a person of a class prescribed by the regulations for the purposes of this section, to be an authorised officer for the purposes of this Act.\n> \n> > (2)–(4) (Repealed)\n> \n> > (5) In this section, transport authority means TfNSW, the State Transit Authority, Sydney Metro, Sydney Trains and NSW Trains.\n> \n> **s 152:** Am 2018 No 18, Sch 2.12 \\[3\\]; 2020 No 30, Sch 4.60\\[9\\]–\\[11\\].","sortOrder":140},{"sectionNumber":"153","sectionType":"section","heading":null,"content":"#### 153\n\n153 (Repealed)","sortOrder":141},{"sectionNumber":"154","sectionType":"section","heading":"Appointment of Commonwealth officers for specific matters","content":"#### 154 Appointment of Commonwealth officers for specific matters\n\n154 Appointment of Commonwealth officers for specific matters\n\n> TfNSW may, for the purposes of a specified bus or ferry accident or incident, appoint as an authorised officer a person exercising powers, or holding office, under a Commonwealth Act.\n> \n> **s 154:** Am 2020 No 30, Sch 4.60\\[12\\].","sortOrder":143},{"sectionNumber":"155","sectionType":"section","heading":"Limitations on functions","content":"#### 155 Limitations on functions\n\n155 Limitations on functions\n\n> The authority of an authorised officer may be limited by the relevant instrument of appointment to the functions, and to the cases, specified in the instrument of appointment.","sortOrder":144},{"sectionNumber":"156","sectionType":"section","heading":"Identity cards must be issued","content":"#### 156 Identity cards must be issued\n\n156 Identity cards must be issued\n\n> > (1) TfNSW must issue an authorised officer appointed by TfNSW with an identity card.\n> \n> > (2) The identity card must—\n> > \n> > > (a) be in the form approved by the Minister, and\n> > \n> > > (b) contain a recent photograph of the person.\n> \n> > (3) An authorised officer must not exercise a function conferred by or under this Act unless an identity card has been issued to the authorised officer by TfNSW.\n> \n> > (4) This section does not apply to an authorised officer who is a police officer.\n> \n> **s 156:** Am 2020 No 30, Sch 4.60\\[12\\].","sortOrder":145},{"sectionNumber":"157","sectionType":"section","heading":"Identity cards to be shown","content":"#### 157 Identity cards to be shown\n\n157 Identity cards to be shown\n\n> > (1) This section applies to an authorised officer who is exercising, or about to exercise, a function under this Act.\n> \n> > (2) An authorised officer must—\n> > \n> > > (a) carry his or her identity card at all times when exercising a power under this Act to enter premises or a vehicle or a power that is exercisable after entering premises or a vehicle, and\n> > \n> > > (b) produce his or her identity card if requested to do so by a person in relation to whom the officer is exercising, or about to exercise, the power.\n> \n> > (3) A person who has ceased to be an authorised officer must not, without reasonable excuse, refuse or fail to return to TfNSW, within the period specified by TfNSW in a request for the return of the card, any identity card issued to the person by TfNSW.\n> \n> > (4) Subsection (2) does not apply to a power conferred by a search warrant or to a power exercised by an authorised officer who is a police officer.\n> \n> Maximum penalty—15 penalty units.\n> \n> **s 157:** Am 2020 No 30, Sch 4.60\\[12\\].","sortOrder":146},{"sectionNumber":"158","sectionType":"section","heading":"Functions of authorised officers","content":"#### 158 Functions of authorised officers\n\n158 Functions of authorised officers\n\n> An authorised officer may exercise the functions conferred by Part 2 of Schedule 1 if the officer believes on reasonable grounds that it is necessary to do so for the purposes of this Act, including the following purposes—\n> \n> > (a) an inspection, transport safety inquiry or other inquiry under this Act,\n> \n> > (b) to determine whether there has been a contravention of this Act, the regulations or the terms of an accreditation, driver authority, licence, passenger service contract, requirement or exemption under this Act.","sortOrder":147},{"sectionNumber":"159","sectionType":"section","heading":"Inspections","content":"#### 159 Inspections\n\n159 Inspections\n\n> > (1) TfNSW may cause inspections to be carried out to ensure that the operator of a public passenger service (other than a service provided by an aircraft) is complying with the terms of the operator’s accreditation and the requirements of this Act relating to a safety management system.\n> \n> > (2) TfNSW may cause inspections to be carried out to ensure that the operator of a public passenger service is complying with the operator’s passenger service contract.\n> \n> > (3) Inspections under this section may be carried out at such intervals as TfNSW thinks fit.\n> \n> > (4) For the purposes of this section, TfNSW may cause the following to be inspected—\n> > \n> > > (a) the performance of transport safety employees,\n> > \n> > > (b) any vehicle used for the purposes of a public passenger service and any equipment, furnishings or fittings in or about the vehicle,\n> > \n> > > (c) the operation of a public passenger service,\n> > \n> > > (d) any other thing TfNSW considers to be relevant to the safe carrying on of a public passenger service.\n> \n> **s 159:** Am 2020 No 30, Sch 4.60\\[13\\].","sortOrder":148},{"sectionNumber":"160","sectionType":"section","heading":"Offences relating to inspections and investigations","content":"#### 160 Offences relating to inspections and investigations\n\n160 Offences relating to inspections and investigations\n\n> > (1) A person must not, without reasonable excuse, hinder or obstruct an authorised officer or a transport safety investigator in a manner that interferes with the exercise by the officer or investigator of his or her functions under this Act or the regulations.\n> \n> > (2) The occupier or person in charge of any place or land entered by an authorised officer or a transport safety investigator under this Act must not, without reasonable excuse, fail to provide the officer or investigator with all reasonable assistance for the effective exercise of the officer’s or investigator’s functions under this Act or the regulations.\n> \n> > (3) A person must not, without reasonable excuse, fail to answer questions or provide information when required to do so by an authorised officer or a transport safety investigator in the exercise of the officer’s or investigator’s functions under this Act or the regulations.\n> \n> > (4) A person must not, without reasonable excuse, fail to produce for inspection any documents or other things when required to do so by an authorised officer or transport safety investigator in the exercise of the officer’s or investigator’s functions under this Act or the regulations.\n> \n> Maximum penalty—\n> \n> > (a) in the case of a body corporate—1, 000 penalty units, or\n> \n> > (b) in the case of an individual—500 penalty units.","sortOrder":150},{"sectionNumber":"161","sectionType":"section","heading":"Offences involving credentials","content":"#### 161 Offences involving credentials\n\n161 Offences involving credentials\n\n> A person who—\n> \n> > (a) by any statement or misrepresentation that the person knows to be false, obtains or attempts to obtain any accreditation, driver authority or licence under this Act or procures or attempts to procure a passenger service contract, or\n> \n> > (b) forges or fraudulently alters or uses any such accreditation, driver authority or licence, or\n> \n> > (c) fraudulently allows any such accreditation, driver authority or licence to be used by any other person,\n> \n> is guilty of an offence.\n> \n> Maximum penalty—20 penalty units.","sortOrder":151},{"sectionNumber":"162","sectionType":"section","heading":"Offenders to state name and address","content":"#### 162 Offenders to state name and address\n\n162 Offenders to state name and address\n\n> > (1) A person may be required to state his or her full name and residential address by an authorised officer if the authorised officer—\n> > \n> > > (a) reasonably suspects the person to be committing or to have committed an offence against this Act or the regulations, or\n> > \n> > > (b) reasonably suspects the person to be committing or to have committed an offence against the [Graffiti Control Act 2008](/view/html/inforce/current/act-2008-100) on railway premises, or\n> > \n> > > (c) finds the person in circumstances that lead, or has information that leads, the officer reasonably to suspect the person has committed such an offence.\n> \n> > (2) A person who—\n> > \n> > > (a) without reasonable excuse, fails or refuses to comply with the requirements of an authorised officer made under subsection (1), or\n> > \n> > > (b) in purported compliance with such a requirement, states a name that is not his or her name or an address that is not his or her residential address,\n> > \n> > is guilty of an offence.\n> > \n> > Maximum penalty—5 penalty units.\n> \n> > (3) A person is not guilty of an offence under this section unless it is established that the authorised officer—\n> > \n> > > (a) warned the person that a failure or refusal to comply with the requirement is an offence, and\n> > \n> > > (b) identified himself or herself as an authorised officer or, in the case of an authorised officer who is a police officer, as a police officer.\n> \n> > (4) The authorised officer may also request the person to provide evidence of the correctness of the stated name or required address.","sortOrder":152},{"sectionNumber":"163","sectionType":"section","heading":"Prohibited advertisements","content":"#### 163 Prohibited advertisements\n\n163 Prohibited advertisements\n\n> > (1) A person must not cause to be published any advertisement for a service involving the use of a vehicle if—\n> > \n> > > (a) an operator of that kind of service is required to be accredited under this Act and the operator is not so accredited, or\n> > \n> > > (b) that kind of vehicle is required to be licensed under this Act and the vehicle is not so licensed.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (2) In this section—\n> > \n> > publish means disseminate or provide access to the public or a section of the public by means of radio, television, the Internet, newspapers, billboards, cinemas or other media.","sortOrder":153},{"sectionNumber":"164","sectionType":"section","heading":"Return of accreditations, driver authorities and licences","content":"#### 164 Return of accreditations, driver authorities and licences\n\n164 Return of accreditations, driver authorities and licences\n\n> > (1) A person to whom an accreditation, driver authority or licence under this Act was granted must immediately return it to TfNSW if the accreditation, driver authority or licence is suspended or cancelled or otherwise ceases to be in force.\n> \n> > (2) (Repealed)\n> \n> Maximum penalty—25 penalty units.\n> \n> **s 164:** Am 2016 No 34, Sch 5 \\[6\\].","sortOrder":154},{"sectionNumber":"164A","sectionType":"section","heading":"Prohibition on buses acting as taxis","content":"#### 164A Prohibition on buses acting as taxis\n\n164A Prohibition on buses acting as taxis\n\n> An operator of a public passenger service, or any other person, must not use a bus to ply or stand for hire on a road or road related area.\n> \n> Maximum penalty—1,000 penalty units.\n> \n> **s 164A:** Ins 2016 No 34, Sch 5 \\[16\\].","sortOrder":155},{"sectionNumber":"165","sectionType":"section","heading":"Offences by corporations","content":"#### 165 Offences by corporations\n\n165 Offences by corporations\n\n> > (1) If a corporation contravenes, whether by act or omission, any provision of this Act or the regulations, each person who is a director of the corporation or who is concerned in the management of the corporation is to be taken to have contravened the same provision if the person knowingly authorised or permitted the contravention.\n> \n> > (2) Subsection (1) does not apply in respect of a contravention of a provision of the regulations that is declared by the regulations to be an excluded provision for the purposes of this section.\n> \n> > (3) A person may be proceeded against and convicted under a provision pursuant to subsection (1) whether or not the corporation has been proceeded against or convicted under that provision.\n> \n> > (4) Nothing in this section affects any liability imposed on a corporation for an offence committed by the corporation against this Act or the regulations.","sortOrder":157},{"sectionNumber":"165A","sectionType":"section","heading":"Ancillary offences","content":"#### 165A Ancillary offences\n\n165A Ancillary offences\n\n> > (1) A person—\n> > \n> > > (a) who causes another person to commit, or\n> > \n> > > (b) by whose order or direction another person commits, or\n> > \n> > > (c) who aids, abets, counsels or procures the commission of, or\n> > \n> > > (d) who conspires to commit,\n> > \n> > an offence under another provision of this Act or the regulations is guilty of an offence against this Act or the regulations and liable to a penalty in the same way as the principal offender.\n> \n> > (2) A person may be proceeded against for an offence against subsection (1) whether or not the principal offender has been prosecuted or convicted.\n> \n> **s 165A:** Ins 2016 No 34, Sch 5 \\[17\\].","sortOrder":158},{"sectionNumber":"166","sectionType":"section","heading":"Penalty notices","content":"#### 166 Penalty notices\n\n166 Penalty notices\n\n> > (1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.\n> \n> > (2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.\n> \n> > (3) The [Fines Act 1996](/view/html/inforce/current/act-1996-099) applies to a penalty notice issued under this section.\n> > \n> > Note.\n> > \n> > The [Fines Act 1996](/view/html/inforce/current/act-1996-099) provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.\n> \n> > (4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).\n> \n> > (5) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.\n> \n> > (6) In this section—\n> > \n> > authorised officer means—\n> > \n> > > (a) a police officer, or\n> > \n> > > (b) another authorised officer authorised in writing by TfNSW as an authorised officer for the purposes of this section.\n> \n> **s 166:** Am 2015 No 15, Sch 1.19 \\[2\\]. Subst 2017 No 22, Sch 3.50 \\[1\\]. Am 2020 No 30, Sch 4.60\\[12\\].","sortOrder":159},{"sectionNumber":"167","sectionType":"section","heading":"Nature of proceedings for offences","content":"#### 167 Nature of proceedings for offences\n\n167 Nature of proceedings for offences\n\n> > (1) Proceedings for an offence under this Act or the regulations may be dealt with—\n> > \n> > > (a) summarily before the Local Court, or\n> > \n> > > (b) summarily before the Supreme Court in its summary jurisdiction.\n> \n> > (2) If proceedings are brought in the Local Court, the maximum monetary penalty that the Local Court may impose for the offence is 500 penalty units, despite any higher maximum monetary penalty provided in respect of the offence.\n> \n> > (3) Despite the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209) or any other Act, proceedings for an offence under this Act or the regulations may be commenced not later than one year after the date alleged to be the date on which the offence was committed.","sortOrder":160},{"sectionNumber":"168","sectionType":"section","heading":"Additional penalties for railway offences affecting safety","content":"#### 168 Additional penalties for railway offences affecting safety\n\n168 Additional penalties for railway offences affecting safety\n\n> > (1) This section applies to an offence committed on or in relation to railway premises or any station or platform.\n> \n> > (2) If a court that convicts a person for an offence against the regulations is satisfied that the offence was committed in circumstances of aggravation, the court may impose a penalty for the offence not exceeding 250 penalty units.\n> \n> > (3) For the purposes of this section, circumstances of aggravation are that the actions of the offender that constituted the offence—\n> > \n> > > (a) caused or contributed to appreciable danger or harm to any persons, animals, premises or property, or\n> > \n> > > (b) were reasonably likely to cause or contribute to such danger or harm (whether or not any such danger or harm was actually caused).","sortOrder":161},{"sectionNumber":"Part 10","sectionType":"part","heading":"Miscellaneous","content":"# Part 10 Miscellaneous\n\nPart 10 Miscellaneous","sortOrder":162},{"sectionNumber":"169","sectionType":"section","heading":"Review of decisions","content":"#### 169 Review of decisions\n\n169 Review of decisions\n\n> > (1) A person aggrieved by a reviewable decision may apply to the Civil and Administrative Tribunal for an administrative review under the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) of the decision.\n> \n> > (2) The following are reviewable decisions—\n> > \n> > > (a) a decision to refuse an application for an accreditation, a driver authority or a licence under this Act,\n> > \n> > > (b) a decision to suspend or cancel an accreditation, a driver authority or a licence under this Act,\n> > \n> > > (c) a decision to vary a condition of an accreditation, a driver authority or a licence, or to impose or revoke a condition of an accreditation, a driver authority or a licence, under this Act,\n> > \n> > > (d) a decision prescribed by the regulations for the purposes of this section.\n> \n> > (3) A reviewable decision has effect from the time notice is given and continues in effect unless it is rescinded by TfNSW or by the Tribunal when determining a review application.\n> \n> **s 169:** Am 2020 No 30, Sch 4.60\\[12\\].","sortOrder":163},{"sectionNumber":"170","sectionType":"section","heading":"Exchange of information","content":"#### 170 Exchange of information\n\n170 Exchange of information\n\n> > (1) The following corporations may enter into an arrangement (an information sharing arrangement) with each other or a relevant agency for the purposes of sharing or exchanging information held by the corporation or the agency—\n> > \n> > > (a) (Repealed)\n> > \n> > > (b) TfNSW,\n> > \n> > > (c) Sydney Metro.\n> \n> > (2) The information to which an information sharing arrangement may relate is limited to the following—\n> > \n> > > (a) information concerning possible breaches of this Act or the regulations,\n> > \n> > > (b) information concerning the safe provision of a public passenger service,\n> > \n> > > (c) information concerning any proceedings commenced against the holder of an accreditation, driver authority or licence for an offence having a maximum penalty of imprisonment for 12 months or more,\n> > \n> > > (d) any other information that may be prescribed by the regulations.\n> \n> > (3) Under an information sharing arrangement, each party to the arrangement is, despite any other Act or law of the State, authorised—\n> > \n> > > (a) to request and receive information held by the other party to the arrangement, and\n> > \n> > > (b) to disclose information to the other party,\n> > \n> > but only to the extent that the information is reasonably necessary to assist in the exercise of functions of TfNSW or Sydney Metro under this Act (or any other Act administered by the Minister for Transport, whether solely or jointly with another Minister) or the functions of the relevant agency concerned.\n> \n> > (4) This section does not limit the operation of any Act under which TfNSW, Sydney Metro or a relevant agency is authorised or required to disclose information to another person or body.\n> \n> > (5) This section does not permit the disclosure of information in contravention of section 139 or 145.\n> \n> > (6) In this section—\n> > \n> > relevant agency means—\n> > \n> > > (a) SafeWork NSW as referred to in clause 1 of Schedule 2 to the [Work Health and Safety Act 2011](/view/html/inforce/current/act-2011-010), or\n> > \n> > > (b) the Commissioner of Police or a person holding an equivalent position in relation to the police force of another State or Territory or the Australian Federal Police, or\n> > \n> > > (c) IPART, or\n> > \n> > > (d) the Chief Investigator, or\n> > \n> > > (e) any other person or body prescribed by the regulations.\n> \n> **s 170:** Am 2015 No 19, Sch 15.11; 2018 No 18, Sch 2.12 \\[4\\]–\\[6\\]; 2020 No 30, Sch 4.60\\[9\\] \\[11\\].","sortOrder":164},{"sectionNumber":"171","sectionType":"section","heading":"Disclosure of accreditation and other information","content":"#### 171 Disclosure of accreditation and other information\n\n171 Disclosure of accreditation and other information\n\n> > (1) TfNSW may disclose, or permit the disclosure of, information about the following—\n> > \n> > > (a) the accreditation, authorisation or licensing status of, or an application for an accreditation, driver authority or licence by, a person,\n> > \n> > > (b) the compliance of a driver with requirements imposed by the regulations on drivers relating to medical examinations or qualifications.\n> \n> > (2) A person may disclose information referred to in subsection (1) about a person if permitted to do so by TfNSW.\n> \n> > (3) TfNSW may disclose, or permit the disclosure of, information under this section only if it is satisfied that it is reasonably necessary for the purposes of this Act or the regulations.\n> \n> > (4) Information may be disclosed under this section whether or not the information also discloses the identity of a person or information from which the identity of the person may be obtained.\n> \n> > (5) This section does not limit the disclosure of information under any other provision of this Act.\n> \n> **s 171:** Am 2020 No 30, Sch 4.60\\[13\\].","sortOrder":165},{"sectionNumber":"172","sectionType":"section","heading":"Records and evidentiary matters","content":"#### 172 Records and evidentiary matters\n\n172 Records and evidentiary matters\n\n> > (1) TfNSW must keep records of the grant, refusal, variation, suspension and cancellation of accreditations, authorities, authorisations and licences under this Act (other than air transport service accreditations and air route licences).\n> \n> > (2) TfNSW must keep records of the making, variation, suspension and cancellation of passenger service contracts and of the grant, refusal, variation, suspension and cancellation of accreditations to operate air transport services and air route licences.\n> \n> > (3) A certificate purporting to be signed by a person approved by TfNSW for the purposes of this section (the approved person) and certifying that—\n> > \n> > > (a) on a date specified in the certificate, or\n> > \n> > > (b) during any period so specified,\n> > \n> > the particulars set out in the certificate as to any matter required to be recorded under this section did or did not appear on or from the records is, for the purposes of any legal proceedings, prima facie evidence of what it certifies.\n> \n> > (4) The certificate is admissible in any proceedings—\n> > \n> > > (a) without proof of the authenticity of the approved person’s signature, and\n> > \n> > > (b) without production of any record or document on which the certificate is founded.\n> \n> > (5) In any legal proceedings under this Act, proof is not required (until evidence is given to the contrary) of the following—\n> > \n> > > (a) the fact that a vehicle is subject to a provision of this Act or the regulations in question,\n> > \n> > > (b) the fact that the defendant is, or at any relevant time was, the driver of any vehicle in question,\n> > \n> > > (c) the fact that the defendant is, or at any relevant time was, the owner or agent of the owner of any vehicle in question,\n> > \n> > > (d) the fact that, at any relevant time, any vehicle was used for commercial purposes.\n> \n> **s 172:** Am 2020 No 30, Sch 4.60\\[13\\].","sortOrder":166},{"sectionNumber":"173","sectionType":"section","heading":"Ferry services—drug and alcohol programs and testing","content":"#### 173 Ferry services—drug and alcohol programs and testing\n\n173 Ferry services—drug and alcohol programs and testing\n\n> > (1) Drug and alcohol programs An operator of a ferry service must—\n> > \n> > > (a) prepare and implement a drug and alcohol program for its transport safety employees that complies with guidelines approved by TfNSW for the purposes of this section and published in the Gazette, and\n> > \n> > > (b) ensure that all transport safety employees employed, or contracted, by the operator to perform transport safety work are not under the influence of alcohol or any other drug when about to carry out, or while on duty for the purposes of carrying out (whether or not carrying out), transport safety work, and\n> > \n> > > (c) report to TfNSW, if requested by TfNSW in writing to do so, as to the implementation of the operator’s drug and alcohol program.\n> > \n> > Maximum penalty—500 penalty units.\n> \n> > (2) The drug and alcohol program is to include any matters required to be included by the guidelines approved by TfNSW for the purposes of this section.\n> \n> > (3) Without limiting subsection (1) (a), the guidelines are to include provisions for or with respect to the following—\n> > \n> > > (a) protocols for fair procedures,\n> > \n> > > (b) education and assistance of transport safety employees.\n> \n> > (4) Random testing TfNSW may at any time arrange with an operator of a ferry service for the random testing of any person about to carry out transport safety work or on duty for the purposes of carrying out transport safety work for the presence of alcohol or any other drug to ensure that the operator is complying with the conditions imposed by this section.\n> \n> > (5) Definition For the purposes of this section, a transport safety employee is to be regarded as being about to carry out transport safety work if the employee—\n> > \n> > > (a) has left home or a temporary residence for work (being transport safety work), and\n> > \n> > > (b) has not commenced work after having so left home or the temporary residence.\n> \n> > (6) Other Acts not affected Nothing in this Act or the regulations derogates from the operation of Part 3 of and Schedule 1 to the [Marine Safety Act 1998](/view/html/inforce/current/act-1998-121).\n> \n> Note.\n> \n> Schedule 2 contains regulation-making powers for procedures for testing for alcohol and other drugs.","sortOrder":167},{"sectionNumber":"174","sectionType":"section","heading":"Fees, charges and levies","content":"#### 174 Fees, charges and levies\n\n174 Fees, charges and levies\n\n> > (1) Any fees, charges or levies payable under this Act or the regulations may be recovered by TfNSW as a debt in any court of competent jurisdiction.\n> \n> > (2) (Repealed)\n> \n> **s 174:** Am 2016 No 34, Sch 5 \\[6\\]; 2020 No 30, Sch 4.60\\[13\\].","sortOrder":168},{"sectionNumber":"175","sectionType":"section","heading":"Service of documents","content":"#### 175 Service of documents\n\n175 Service of documents\n\n> > (1) A document that is authorised or required by this Act or the regulations to be given to any person may be given by—\n> > \n> > > (a) in the case of a natural person—\n> > > \n> > > > (i) delivering it to the person personally, or\n> > > \n> > > > (ii) sending it by post to the address specified by the person for the giving or service of documents or, if no such address is specified, the residential or business address of the person last known to the person giving or serving the document, or\n> > > \n> > > > (iii) sending it by email to the email address of the person or by facsimile transmission to the facsimile number of the person, or\n> > \n> > > (b) in the case of a body corporate—\n> > > \n> > > > (i) leaving it with a person apparently of or above the age of 16 years at, or by sending it by post to, the head office, a registered office or a principal office of the body corporate or to an address specified by the body corporate for the giving or service of documents, or\n> > > \n> > > > (ii) sending it by email to the email address of the body corporate or by facsimile transmission to the facsimile number of the body corporate.\n> \n> > (2) Nothing in this section affects the operation of any provision of a law or of the rules of a court authorising a document to be given to a person in any other manner.","sortOrder":169},{"sectionNumber":"176","sectionType":"section","heading":"Regulations","content":"#### 176 Regulations\n\n176 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) In particular, the regulations may make provision for or with respect to the matters set out in Schedule 2.\n> \n> > (3) A regulation may create an offence punishable by a penalty not exceeding 100 penalty units (in the case of a body corporate) and 50 penalty units (in any other case).\n> \n> > (4) An offence under a regulation relating to the unauthorised use of a special purpose lane may be made punishable by a penalty not exceeding 1,000 penalty units (in the case of a body corporate) and 500 penalty units (in any other case).\n> \n> > (5) The regulations may exempt or provide for the exemption, unconditionally or subject to conditions, from any or all of the provisions of this Act of persons, vehicles, public passenger services or rail passenger services or any class of persons, vehicles, public passenger services or rail passenger services.\n> \n> > (6) The regulations may apply, adopt or incorporate (with or without changes) any publication as in force at a particular time or as in force from time to time.\n> \n> **s 176:** Am 2016 No 34, Sch 5 \\[18\\].","sortOrder":170},{"sectionNumber":"177","sectionType":"section","heading":"Additional matters relating to drug and alcohol testing","content":"#### 177 Additional matters relating to drug and alcohol testing\n\n177 Additional matters relating to drug and alcohol testing\n\n> > (1) An offence under a regulation relating to the following matters may, in addition to the penalty provided for by this Act for offences under the regulations, be made punishable by a period of imprisonment not exceeding 9 months—\n> > \n> > > (a) the carrying out of transport safety work by a transport safety employee while under the influence of alcohol or any other drug or while the prescribed concentration of alcohol or prescribed concentration or amount of another drug is present in the employee’s breath, blood or urine,\n> > \n> > > (b) a refusal or failure by a transport safety employee to undergo tests or otherwise comply with test procedures relating to alcohol or other drugs,\n> > \n> > > (c) interference by a transport safety employee with results of such tests.\n> \n> > (2) Subject to the regulations, section 109 (Measurement of alcohol concentrations) of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018) applies in relation to the measurement of the concentration of alcohol in a person’s breath or blood for the purposes of the regulations in the same way as it applies for the purposes of that Act.","sortOrder":171},{"sectionNumber":"178","sectionType":"section","heading":"Compensation not payable","content":"#### 178 Compensation not payable\n\n178 Compensation not payable\n\n> > (1) Compensation is not payable by or on behalf of the State—\n> > \n> > > (a) because of the enactment or operation of this Act, or for any consequence of that enactment or operation, or\n> > \n> > > (b) because of any statement or conduct relating to the enactment or operation of this Act.\n> \n> > (2) In this section—\n> > \n> > compensation includes damages or any other form of monetary compensation.\n> > \n> > conduct includes any act or omission, whether unconscionable, misleading, deceptive or otherwise.\n> > \n> > operation of this Act includes the operation of any inquiry, notice or order under this Act and any contract or other agreement entered into under or for the purposes of this Act.\n> > \n> > statement includes a representation of any kind—\n> > \n> > > (a) whether made verbally or in writing, and\n> > \n> > > (b) whether negligent, false, misleading or otherwise.\n> > \n> > the State means the Crown within the meaning of the [Crown Proceedings Act 1988](/view/html/inforce/current/act-1988-070), and includes an officer, employee or agent of the Crown.","sortOrder":172},{"sectionNumber":"179","sectionType":"section","heading":"Repeals","content":"#### 179 Repeals\n\n179 Repeals\n\n> The following Acts are repealed—\n> \n> > [Air Transport Act 1964](/view/html/inforce/current/act-1964-036)\n> \n> > [Passenger Transport Act 1990](/view/html/inforce/current/act-1990-039)","sortOrder":173},{"sectionNumber":"180","sectionType":"section","heading":"Review of Act","content":"#### 180 Review of Act\n\n180 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the date of commencement of this Act.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.","sortOrder":174},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Investigation and inspection powers","content":"# Schedule 1 Investigation and inspection powers\n\nSchedule 1 Investigation and inspection powers\n\n(Sections 148 and 158)\n\n**sch 1:** Am 2016 No 34, Sch 5 \\[19\\]; 2020 No 30, Sch 4.60\\[14\\] \\[15\\].","sortOrder":175},{"sectionNumber":"9","sectionType":"section","heading":"Retention of documents and other material","content":"#### 9 Retention of documents and other material\n\n9 Retention of documents and other material\n\n> > (1) This clause applies to the following material—\n> > \n> > > (a) a document or other thing produced under this Part,\n> > \n> > > (b) a thing seized under this Part.\n> \n> > (2) The Chief Investigator or a transport safety investigator must provide a receipt for the document or thing.\n> \n> > (3) The Chief Investigator may make copies of the document or thing.\n> \n> > (4) The Chief Investigator may examine or test the document or thing, even though that might result in damage or destruction of the document or thing or a reduction in its value.\n> \n> > (5) The Chief Investigator must return the document or thing when it is no longer needed for the purpose of an investigation. However, if there is no owner or the Chief Investigator cannot, despite making reasonable efforts, locate the owner, the Chief Investigator may dispose of the document or thing in such manner as the Chief Investigator thinks appropriate.\n> \n> > (6) Despite subclause (5), the Chief Investigator must make the document or thing available to a relevant body on the written request of the body for the purposes of—\n> > \n> > > (a) an investigation under a law of the Commonwealth or another State or Territory, or\n> > \n> > > (b) a coronial inquest or inquiry.\n> \n> > (7) The Chief Investigator is not required to comply with any such request—\n> > \n> > > (a) to the extent that the document or thing is or contains restricted information or an on-board recording, or\n> > \n> > > (b) if the Chief Investigator is of the opinion that making the document or thing available would be likely to interfere with any transport safety investigation to which the document or thing relates.\n> \n> > (8) In this clause—\n> > \n> > on-board recording means a recording—\n> > \n> > > (a) that consists of (or consists mainly of) sounds or images, or sounds and images, of persons in the control area of rolling stock, a bus or a ferry, and\n> > \n> > > (b) that was made in order to comply with a law of this State, and\n> > \n> > > (c) any part of which was made at the time of the occurrence of an accident or incident that involved the rolling stock, bus or ferry.\n> > \n> > owner includes an agent of an owner.\n> > \n> > relevant body means—\n> > \n> > > (a) a public service agency within the meaning of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040), or\n> > \n> > > (b) a NSW government agency, or\n> > \n> > > (c) an agency of the Commonwealth or another State or Territory, or\n> > \n> > > (d) a State or Territory Government, or\n> > \n> > > (e) a coroner.\n> > \n> > restricted information means any of the following—\n> > \n> > > (a) all statements (whether oral or in writing) obtained from persons by the Chief Investigator or a transport safety investigator in the course of a transport safety investigation (including any record of such a statement),\n> > \n> > > (b) all information recorded by the Chief Investigator or a transport safety investigator in the course of a transport safety investigation,\n> > \n> > > (c) all communications with a person involved in the operation of rolling stock, a ferry, a bus or other vehicle that is or was the subject of a transport safety investigation,\n> > \n> > > (d) medical or private information regarding persons (including deceased persons) involved in a matter that is being investigated,\n> > \n> > > (e) information in relation to rolling stock, a ferry, a bus or other vehicle that is or was the subject of a transport safety investigation, recorded for the purposes of monitoring or directing the progress of the vehicle from one place to another or information recorded in relation to the operation of the vehicle,\n> > \n> > > (f) records of the analysis of information or material acquired in the course of a transport safety investigation (including opinions expressed by a person in that analysis),\n> > \n> > > (g) information that is contained in a document produced on entry to premises under this Part,\n> > \n> > > (h) information contained in a report made under a voluntary reporting scheme,\n> > \n> > > (i) information obtained or generated by the Chief Investigator in the course of considering a report made under a voluntary reporting scheme,\n> > \n> > > (j) records of the analysis of information contained in a report made under a voluntary reporting scheme (including opinions expressed by a person in that analysis).","sortOrder":185},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Regulation-making powers","content":"# Schedule 2 Regulation-making powers\n\nSchedule 2 Regulation-making powers\n\n(Section 176)\n\n**sch 2:** Am 2016 No 34, Sch 5 \\[18\\] \\[20\\] \\[21\\]; 2025 No 77, Sch 5\\[5\\].","sortOrder":209},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 3 Savings, transitional and other provisions\n\nSchedule 3 Savings, transitional and other provisions\n\n**sch 3:** Am 2015 No 15, Schs 1.19 \\[3\\], 2.39 \\[2\\]; 2016 No 34, Sch 5 \\[22\\]–\\[25\\]; 2018 No 18, Sch 2.12 \\[7\\]; 2025 No 77, Sch 5\\[6\\].","sortOrder":223},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Amendment of Acts","content":"# Schedule 4 Amendment of Acts\n\nSchedule 4 Amendment of Acts\n\n4.1 [Civil and Administrative Tribunal Act 2013 No 2](/view/html/inforce/current/act-2013-002)\n\n4.2\n\n(Repealed)\n\n4.3 [Government Information (Public Access) Act 2009 No 52](/view/html/inforce/current/act-2009-052)\n\n4.4 [Heavy Vehicle (Adoption of National Law) Act 2013 No 42](/view/html/inforce/current/act-2013-042)\n\n4.5\n\n(Repealed)\n\n4.6\n\n(Repealed)\n\n4.7 [Law Enforcement (Powers and Responsibilities) Act 2002 No 103](/view/html/inforce/current/act-2002-103)\n\n4.8 [Marine Safety Act 1998 No 121](/view/html/inforce/current/act-1998-121)\n\n4.9 [Public Health (Tobacco) Act 2008 No 94](/view/html/inforce/current/act-2008-094)\n\n4.10 [Road Transport Act 2013 No 18](/view/html/inforce/current/act-2013-018)\n\n4.11\n\n(Repealed)\n\n4.12 [Transport Administration Act 1988 No 109](/view/html/inforce/current/act-1988-109)\n\n**sch 4:** Am 1987 No 15, sec 30C; 2016 No 34, Sch 5 \\[26\\]; 2017 No 4, Sch 2.2; 2017 No 12, Sch 1.12 \\[1\\] \\[2\\]; 2017 No 22, Sch 3.50 \\[2\\]; 2018 No 18, Sch 2.12 \\[8\\]; 2019 No 14, Sch 1.15; 2020 No 30, Sch 4.60\\[16\\] \\[17\\]; 2021 No 9, Sch 3.2\\[1\\] \\[2\\].","sortOrder":246},{"sectionNumber":"sch.4-ssch.4.1-sec","sectionType":"section","heading":"Schedule 5 Occupational Division","content":"#### sch.4-ssch.4.1-sec Schedule 5 Occupational Division\n\nSchedule 5 Occupational Division\n\n> Omit “[Passenger Transport Act 1990](/view/html/inforce/current/act-1990-039)” from clause 4 (1).\n> \n> Insert instead “[Passenger Transport Act 2014](/view/html/inforce/current/act-2014-046)”.","sortOrder":247},{"sectionNumber":"sch.4-ssch.4.3-sec","sectionType":"section","heading":"Schedule 1 Information for which there is conclusive presumption of overriding public interest against disclosure","content":"#### sch.4-ssch.4.3-sec Schedule 1 Information for which there is conclusive presumption of overriding public interest against disclosure\n\nSchedule 1 Information for which there is conclusive presumption of overriding public interest against disclosure\n\n> Omit “section 46BA or 46BC of the [Passenger Transport Act 1990](/view/html/inforce/current/act-1990-039)” from clause 8 (1).\n> \n> Insert instead “section 133 or 140 of the [Passenger Transport Act 2014](/view/html/inforce/current/act-2014-046)”.","sortOrder":248},{"sectionNumber":"sch.4-ssch.4.7-sec","sectionType":"section","heading":"Schedule 2 Search warrants under other Acts","content":"#### sch.4-ssch.4.7-sec Schedule 2 Search warrants under other Acts\n\nSchedule 2 Search warrants under other Acts\n\n> Omit “[Passenger Transport Act 1990](/view/html/inforce/current/act-1990-039), section 46V”.\n> \n> Insert instead “[Passenger Transport Act 2014](/view/html/inforce/current/act-2014-046), Schedule 1, clauses 10 and 24”.","sortOrder":257},{"sectionNumber":"sch.4-ssch.4.9-sec","sectionType":"section","heading":"Section 30 Smoking of tobacco in motor vehicle prohibited if juvenile present","content":"#### sch.4-ssch.4.9-sec Section 30 Smoking of tobacco in motor vehicle prohibited if juvenile present\n\nSection 30 Smoking of tobacco in motor vehicle prohibited if juvenile present\n\n> Omit “public passenger vehicle within the meaning of the [Passenger Transport Act 1990](/view/html/inforce/current/act-1990-039)” from the definition of motor vehicle in section 30 (8).\n> \n> Insert instead “vehicle used for a public passenger service within the meaning of the [Passenger Transport Act 2014](/view/html/inforce/current/act-2014-046)”.","sortOrder":261},{"sectionNumber":"22A","sectionType":"section","heading":"Schedule 1, clause 8F(4)","content":"#### 22A Schedule 1, clause 8F(4)\n\n\\[22A\\] Schedule 1, clause 8F(4)\n\n> Omit “section 46E of the [Passenger Transport Act 1990](/view/html/inforce/current/act-1990-039)”.\n> \n> Insert instead “section 150 of the [Passenger Transport Act 2014](/view/html/inforce/current/act-2014-046)”.","sortOrder":288}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"This Act replaces and consolidates earlier passenger and air transport statutes (it repeals the Air Transport Act 1964 and the Passenger Transport Act 1990 (s179)) and carries existing accreditations, licences and contracts forward under transitional provisions (Sch 3 cl 4–6, cl 11–12). Compared with those repealed Acts, the Act centralises regulatory authority in TfNSW and the Minister for accreditation, contracting and fares (s17–s20, s36, s125), adds a distinct air route licensing regime with no statutory right of renewal for air route licences in some cases (s48; Sch 3 cl 5(4)), and introduces new, explicit powers for smartcard terms (s128A). Transitional clauses preserve prior licences and service contracts while limiting renewal rights for certain air licences (Sch 3 cl 5(4)) and subjecting many administrative particulars to new regulations and TfNSW orders (s176, Schedule 2)."},"complexity_factors":["Length and breadth: covers accreditation, driver authorities, passenger service contracting, air route licensing, fares, safety investigations and enforcement across multiple transport modes (many Parts and Schedules).","Extensive cross‑references to other Acts and bodies (e.g. Rail Safety National Law, Transport Administration Act, IPART) requiring integrated interpretation.","Significant delegated lawmaking: broad regulation‑making powers (s176) and numerous provisions leaving detail to TfNSW or the Minister (e.g. guidelines, orders, conditions).","High administrative discretion: TfNSW/Minister can impose, vary or cancel accreditations/licences/conditions with open‑ended grounds (e.g. s33(1)(e)).","Detailed investigatory and search powers for authorised officers and transport safety investigators with compulsory production and seizure (Schedule 1 cl 2–24; s136), and related evidentiary rules (s172; Schedule 1 cl 29).","Complex transitional and savings provisions carrying over rights and licences from repealed Acts (Sch 3), including no right of renewal for certain air licences (Sch 3 cl 5(4); s48).","Multiple enforcement pathways (criminal offences, civil penalties, contractual civil penalties recoverable as debts) and administrative remedies (s38, s160, s166, s167).","Detailed operational requirements (safety management systems, drug and alcohol testing, smartcard terms) that will involve technical standards and subordinate instruments (s29, s31, s128A; Schedule 2)."],"plain_english_summary":"What this law does, in plain terms\n\n- Mechanically, the Act sets out a regulatory framework for public passenger transport in New South Wales. It: requires operators to be accredited (s15–s23); requires drivers of many bus services to hold driver authorities (s55, s57–s68); permits the State (through TfNSW or Sydney Metro) to contract for services (passenger service contracts) and to set performance standards and enforce them (s36–s38); creates a separate licensing regime for regulated air routes (s7, s41–s53); gives TfNSW power to set fares up to maxima and to implement fare orders subject to IPART determinations (s123–s125); establishes safety reporting, investigation and inquiry powers for the Chief Investigator and Boards of Inquiry (Part 8, s133–s142); and gives authorised officers and transport safety investigators broad inspection, search and seizure powers to enforce the Act (Schedule 1; cl 2–24).\n\nWho the law affects\n\n- Operators of public passenger services: they must be accredited by TfNSW to operate services (s15, s17–s20) and comply with accreditation conditions including drug & alcohol programs and safety management systems for bus and ferry operators (s29, s31, s173).\n- Drivers: drivers for covered services must hold a driver authority and meet fitness/qualification standards; driver authorities are issued, conditioned, varied and can be suspended or cancelled by TfNSW (s55–s71).\n- Air carriers on regulated intra‑NSW routes: must hold air route licences to operate regular services on routes declared by the Minister (s7, s41–s48).\n- Passengers and taxpayers: fares, concessions and subsidised travel schemes are regulated (s121–s130); penalties, civil remedies and enforcement procedures affect all commercial participants (s38, s166, s174).\n\nWhy it matters and what it does practically\n\n- Accountability and gatekeeping: TfNSW decides who may operate services (accreditation/licence applications, standards and conditions) and can vary, suspend or cancel accreditations, driver authorities and licences (s17–s20, s26, s33, s51, s71). This centralises regulatory decision‑making in TfNSW and the Minister (e.g. Minister declares regulated air routes (s7(2)) and may constitute Boards of Inquiry (s140)).\n\n- Contracting and exclusivity: regular timetabled services must be run under passenger service contracts (s39) and contracts may grant exclusive rights in an area or route (s40). Contracts may include civil penalty provisions recoverable as debts to the State (s38). Contracts have fixed terms and no statutory right of renewal (s36(5)–(7), s48(1)).\n\n- Safety and investigatory regime: operators must report safety matters, keep and produce safety information, and cooperate with investigations (s131–s137). The Chief Investigator and appointed transport safety investigators may compel attendance, require documents, seize evidence and secure accident sites (s136; Schedule 1 cl 2–9, cl 10). TfNSW and authorised officers have powers to inspect, test and detain vehicles and premises to check compliance (s158–s159; Schedule 1 Part 2 cl 12–24).\n\n- Fares, concessions and smartcards: TfNSW may make fares orders (s125) limited by any IPART maximums (s125(2)); the Minister may refer matters to IPART for determination or recommendation (s123–s124). TfNSW may also set terms and conditions for smartcards (s128A).\n\nMechanisms, incentives and costs (source‑grounded)\n\n- Who decides and where discretion lies: TfNSW conducts accreditation, licensing, inspection and enforcement functions (s17–s20, s26, s33, s51, s52, s158–s159). The Minister declares regulated air routes (s7) and can establish Boards of Inquiry (s140). Several provisions explicitly let TfNSW or the Minister act “if it thinks fit” or otherwise exercise broad judgment (e.g. grounds for cancelling accreditation include “for any other reason it thinks fit” (s33(1)(e)); similar wording appears for driver authorities (s71(1)(f))). These clauses create administrative discretion to impose, vary or remove regulatory permissions.\n\n- Who pays and financial flows: application fees are required for accreditations, licences and driver authorities (s17(3)(d), s43(4)(d), s59(3)(c)); penalties and civil‑penalty amounts under passenger service contracts are recoverable as debts to the State (s38(2)); TfNSW may recover fees, charges and levies as a debt (s174). The Crown or TfNSW must pay compensation for damage caused by authorised officers or transport safety investigators when exercising entry powers (Schedule 1 cl 28), while separate provisions limit compensation for temporary air route licences (s53(5)).\n\n- Compliance costs and burdens on operators and drivers: the Act requires applicants to provide prescribed information, nominate fit and proper managers or directors (s17(3)(c), s18(3)), prepare and implement drug and alcohol programs and safety management systems for bus and ferry services (s29, s31, s173), report notifiable occurrences (s132) and supply safety reports on request (s131). Operators and drivers face inspection, testing and potential sanctions, including substantial monetary penalties (e.g. up to 1,000 penalty units for operating without accreditation (s15)).\n\n- Enforcement and investigatory reach: authorised officers and transport safety investigators may enter premises (with or without consent or warrant in defined circumstances), require documents and answers, seize and retain material and secure sites (s136; Schedule 1 cl 2–9, cl 12–24). There are criminal or penalty consequences for obstructing officers or refusing reasonable requirements (s160, Schedule 1 cl 5(5); Schedule 1 cl 7(2)).\n\nTrade‑offs, opportunity costs and legal risks to note (mechanisms, not judgments)\n\n- Concentrated vs diffuse effects: the Act authorises exclusive rights under passenger service contracts (s40). The grant of exclusivity is a contract tool that concentrates operational benefit in the contractor; the Act requires a public register of exclusives (s40(5)) and disapplies certain competition law constraints to those contract provisions to the extent stated (s40(3)–(4)).\n\n- Regulatory substitution and limits on private action: regular timetabled services must be contracted to the State or under authority of a passenger service contract (s39). Operators not under contract may be excluded unless specifically exempted (s39(4)). The Act also prohibits using buses as taxis (s164A), which limits certain ad‑hoc commercial behaviour.\n\n- Bureaucratic discretion and implementation risk: many operational outcomes depend on TfNSW or the Minister making orders, setting guidelines, or issuing conditions (e.g. safety guidelines, fares orders, drug and alcohol program guidelines) (s26, s29, s31, s125, s128A). The Act also empowers the Governor to make regulations on many matters (s176, Schedule 2 lists detailed regulation‑making powers), so much of the day‑to‑day detail will be set by subordinate instruments.\n\nRights of review and confidentiality\n\n- Administrative review: persons aggrieved by listed reviewable decisions (refusal, variation, suspension or cancellation of accreditation/driver authority/licence) may apply to the Civil and Administrative Tribunal (s169).\n- Confidentiality and limited disclosure: investigation draft reports are protected from disclosure in specified ways (s138); the Chief Investigator may protect identities in voluntary reporting schemes (s150). Certain statutory limits on disclosure apply to investigation participants (s139, s145, s150).\n\nOfficial purpose claims and how the Act implements them\n\n- The Act states its objects are to facilitate safe, reliable, efficient and integrated services, to regulate providers, and to enable flexible procurement and innovation (s3). Mechanically, it implements those objectives by: licensing and accrediting operators and drivers (s15, s57), establishing passenger service contracting and performance enforcement (s36–s38), imposing safety system and testing obligations (s29, s31, s131–s137), and providing broad regulatory and investigatory powers to TfNSW, the Minister, authorised officers and the Chief Investigator (s158; Schedule 1). These mechanisms create compliance costs for regulated parties (application fees, reporting, testing, inspections) and vest significant operational discretion in TfNSW and the Minister (e.g. conditions, variations, suspensions) (s17–s20, s26, s33, s51, s52).\n\nKey implementation points to watch (source items)\n\n- Applications must follow TfNSW forms and supply prescribed information and fees (s17(3), s43(4), s59(3)).\n- TfNSW may require further information and may determine how many nominated directors/managers must be specified (s17(4)–(5)).\n- Safety obligations for bus and ferry operators include documented safety management systems and drug/alcohol programs with published guidelines; TfNSW can direct changes and arrange random testing (s29, s31, s173).\n- Enforcement includes summary proceedings with time limits for prosecutions (s167), penalty notices (s166) and substantial fines for operating without accreditation or in breach of conditions (s15, s39, s164A)."},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act's original 2014 scope focused on traditional passenger transport services (buses, taxis, ferries). Over time it has expanded significantly to accommodate rideshare platforms and, most recently, micromobility vehicles (e.g., e-scooters) and smartcard ticketing systems — reflecting major technological and industry shifts not anticipated at the time of original enactment."},"complexity_factors":["Multiple rounds of amendments across 14+ versions since 2014, creating a layered legislative history","Some provisions not yet commenced, meaning the current text does not fully reflect the law in practice","Interaction with related legislation (e.g., Road Transport and Other Legislation Amendment Act 2025, Interpretation Act 1987)","Covers a broad and diverse range of transport modes (buses, taxis, ferries, rideshare, and now micromobility)","Administrative responsibility shifted mid-life from RMS to TfNSW, requiring cross-referencing of older versions","Regulatory detail is largely delegated to subordinate instruments (regulations, orders), which are not included in this text","Partial commencement of amendments creates uncertainty about which rules currently apply"],"plain_english_summary":"## Passenger Transport Act 2014 (NSW)\n\n**What is this?**\nThis is a NSW law that governs how passenger transport services — such as buses, ferries, taxis, and ride-share vehicles — operate across New South Wales. It sets out the rules, licensing requirements, and safety standards that transport operators and drivers must follow when carrying members of the public.\n\n**Who does it affect?**\n- **Transport operators** (bus companies, taxi fleets, ferry operators, rideshare platforms like Uber)\n- **Drivers** of any vehicle used to carry paying passengers\n- **Passengers** using public or commercial transport in NSW\n- **Transport for NSW (TfNSW)** — the government agency responsible for overseeing compliance\n\n**Why does it matter?**\nIf you catch a bus, book a taxi, use a rideshare app, or travel on a ferry in NSW, this law is what ensures those services meet minimum safety and quality standards. For operators and drivers, it's the legal framework that determines whether they can legally run their business — including licensing, conduct rules, and penalties for breaking the rules.\n\n**Key things to know:**\n- The Act has been updated **many times since 2014**, reflecting major changes to the transport industry (including the rise of ridesharing)\n- Administration is handled by **Transport for NSW (TfNSW)** — formerly the Roads and Maritime Services (RMS), updated by a 2020 amendment\n- Some **newer amendments** (relating to micromobility vehicles like e-scooters, and smartcard ticketing) are **not yet fully in force** as of early 2026\n- The **Minister for Transport** is responsible for overseeing the Act"},"kimi_summary":{"_metrics":{"completionTokens":674},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears to be operating within its original scope as a comprehensive passenger transport regulatory framework. While there have been amendments (noted in section histories), these appear to be technical updates and integrations with related legislation rather than significant scope expansion."},"complexity_factors":["47+ defined terms in the interpretation section (section 4), many cross-referencing other Acts","Nested exceptions and carve-outs — e.g., section 5 excludes certain services from being 'public passenger services' through multiple overlapping conditions","Extensive cross-referencing to other legislation including the Rail Safety National Law, Transport Administration Act, Road Transport Act, and Commonwealth aviation laws","Conditional licensing and accreditation schemes with multiple pathways (general standards vs. standards for current operators)","Detailed procedural requirements for applications, renewals, suspensions, and cancellations with specific timeframes (e.g., 90-day deemed refusal periods)","Safety investigation powers in Schedule 1 with multiple tiers of entry powers (consent, warrant, emergency) and evidence handling rules","Transitional provisions in Schedule 3 preserving rights under repealed legislation while converting them to the new scheme"],"plain_english_summary":"This is the **Passenger Transport Act 2014** (NSW), a comprehensive law that regulates how public transport services operate in New South Wales.\n\n**What it does:**\n\n- **Sets up a licensing system** for anyone who wants to run a public passenger service — buses, ferries, trains, and even some air services. You need to be \"accredited\" (a formal approval) to operate, and drivers need special \"driver authorities.\"\n\n- **Controls who can run regular timetabled services** through \"passenger service contracts\" — basically, you can't just start running a bus route on a schedule without a government contract.\n\n- **Regulates air routes** — the Minister can declare certain air routes as \"regulated,\" meaning airlines need a special licence to fly them.\n\n- **Sets safety requirements** — operators must have safety management systems, drug and alcohol programs for staff, and report certain incidents.\n\n- **Manages fares and concessions** — the Independent Pricing and Regulatory Tribunal (IPART) can set maximum fares, and the government can set up concession schemes for eligible passengers.\n\n- **Creates enforcement powers** — authorised officers can inspect vehicles and premises, issue penalty notices, and investigate breaches.\n\n- **Establishes safety investigations** — the Chief Investigator can look into transport accidents and incidents, and the Minister can set up formal Boards of Inquiry for serious matters.\n\n**Who it affects:**\n- Bus, ferry, and train operators\n- Commercial airline operators on regulated routes\n- Drivers of public passenger vehicles\n- Transport for NSW (TfNSW), which administers most of the system\n- Passengers (through fare rules and safety protections)\n\n**Why it matters:**\nThis Act is the backbone of how public transport is delivered in NSW. It balances encouraging competition and innovation with ensuring safety, reliability, and fair access for passengers. It replaced older laws from 1964 and 1990, bringing bus, ferry, and air services under one modern framework."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/passenger-transport-act-2014","history":"/api/acts/passenger-transport-act-2014/history","analysis":"/api/acts/passenger-transport-act-2014/analysis","conflicts":"/api/acts/passenger-transport-act-2014/conflicts","importantCases":"/api/acts/passenger-transport-act-2014/important-cases","documents":"/api/acts/passenger-transport-act-2014/documents"}}