{"id":"public-transport-passenger-safety-act-2008","name":"Public Transport (Passenger Safety) Act 2008","slug":"public-transport-passenger-safety-act-2008","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30539,"registerId":"nt-public-transport-passenger-safety-act-2008-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Public Transport (Passenger Safety) Act 2008","content":"NORTHERN TERRITORY OF AUSTRALIA\nPUBLIC TRANSPORT (PASSENGER SAFETY) ACT 2008\nAs in force at 21 January 2026\nTable of provisions\nPart 1 Preliminary\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\n4 Offences warranting arrest .............................................................. 3\n5 General orders................................................................................. 3\n5A Application of Criminal Code ........................................................... 4\nPart 2 Transit officers\n6 Appointment of transit officers ......................................................... 4\n7 Ex officio transit officers ................................................................... 5\n8 Identity cards ................................................................................... 5\n9 Obligations with regard to identity card ............................................ 6\n10 Disqualifying offences ...................................................................... 6\n11 Code of conduct .............................................................................. 7\n12 Protection from liability .................................................................... 7\nPart 3 Rules of behaviour\n13 Animals ............................................................................................ 8\n14 Smoking........................................................................................... 8\n15 Liquor and drugs.............................................................................. 8\n16 Consumption of food ....................................................................... 8\n17 Damage or interference ................................................................... 8\n18 Nuisance or inconvenience.............................................................. 8\n19 Offensive language.......................................................................... 9\n20 Passenger management.................................................................. 9\n21 Passenger to hold valid ticket .......................................................... 9\n22 Offence to contravene rule of behaviour.......................................... 9\nPart 4 Powers of transit officers\n23 Geographical extent of transit officer's powers .............................. 10\n24 Power to require statement of name, address and date of birth .... 10\n25 Power of direction .......................................................................... 10\n26 Power to require a person to get off bus and, on\nnon-compliance, to remove forcibly ............................................... 11\n27 Arrest and detention ...................................................................... 12\n27A Transit officer to maintain safety and security................................ 12\n\nPublic Transport (Passenger Safety) Act 2008 ii\n27B Capsicum spray and restraints ...................................................... 13\n27C Reasonably necessary .................................................................. 13\n27D Director to manage use of force .................................................... 13\n28 Search and seizure of dangerous articles ..................................... 14\n28A Power to issue banning notice ....................................................... 14\n28B Requirements before giving banning notice................................... 15\n28C Contents of banning notice ............................................................ 15\n28D Effect of banning notice ................................................................. 16\n28E Variation or revocation of banning notice ...................................... 16\n28F Offence to contravene banning notice ........................................... 17\nPart 5 Miscellaneous\n29 Internal review ............................................................................... 17\n30 No entitlement to refund of fare ..................................................... 17\n32 Obstruction of transit officer ........................................................... 17\n33 Security cameras or surveillance devices ...................................... 18\n34 Prosecutions .................................................................................. 18\n35 Infringement notice offences.......................................................... 18\n36 Interaction between this Act and the Youth Justice Act 2005 ........ 20\n37 Regulations.................................................................................... 20\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 21 January 2026\n____________________\nPUBLIC TRANSPORT (PASSENGER SAFETY) ACT 2008\nAn Act to provide for the safety of passengers on public transport\nPart 1 Preliminary\n1 Short title\nThis Act may be cited as the Public Transport (Passenger Safety)\nAct 2008.\n2 Commencement\nThis Act commences on the date fixed by the Administrator by\nGazette notice.\n3 Definitions\nIn this Act:\nbanning notice means a notice issued under section 28A.\nbus means a bus that carries passengers on a route service.\nbus station includes a bus interchange.\nbus stop means any of the following:\n(a) if there is a bus zone – the area between the bus zone and the\nboundary of the land adjacent to the bus zone (including any\npaths in that area);\n(b) if there is no bus zone but there is a sign indicating a bus\nstop – the area between the curb, or the edge of the road, and\nthe boundary of the land adjacent to the road that extends\n15 m in either direction;\n\nPart 1 Preliminary\nPublic Transport (Passenger Safety) Act 2008 2\n(c) if there is no bus zone and no sign indicating a bus stop – any\narea beside a road, when a bus stops to pick up or let off a\npassenger, and the boundary of the land adjacent to the road\nthat extends 10 m from the end of the bus to 10 m from the\nfront of the bus.\nNote for definition bus stop, paragraph (c)\nThis bus stop only exists while the bus is stopped to pick up or let off a\npassenger along the road.\nbus zone means a length of road to which a bus zone sign applies\n(see Australian Road Rules).\ncode of conduct means the code of conduct for transit officers\nestablished by general order issued by the Director under section 5.\ndangerous drug, see section 3(1) of the Misuse of Drugs\nAct 1990.\nDirector means the person holding, or acting in, the office of\nDirector of Transport under the Traffic Act 1987.\ndisqualifying offence means an offence classified by the\nregulations as a disqualifying offence.\nex officio transit officer means a person who is a transit officer by\nvirtue of the person's office or position under section 7(1).\nfrisk search means a search conducted by feeling clothing from\nthe outside for objects concealed in or beneath the clothing (but not\ninvolving a search of any bodily orifice).\noffence warranting arrest, see section 4.\nrelevant offence means the following:\n(a) an offence committed on a bus, at a bus stop, at a bus station\nor in a bus zone;\n(b) an offence referred to in section 4(1).\nroute service means the service of providing, under contract with\nthe Territory, a bus to carry prospective passengers along a specific\nroute at specific times.\nrule of behaviour means a rule or directive set out in Part 3.\n\nPart 1 Preliminary\nPublic Transport (Passenger Safety) Act 2008 3\ntransit safety vehicle means a vehicle marked as a transit safety\nvehicle and used by transit officers under this Act.\nNote for section 3\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n4 Offences warranting arrest\n(1) Each of the following offences is an offence warranting arrest:\n(a) an offence against section 47, 47AA, 47A or 50 of the\nSummary Offences Act 1923 if committed on a bus, at a bus\nstop, at a bus station or in a bus zone;\n(b) an offence against section 13(1) or (2), 14(1), 15(1) or (2),\n16(1) or 17(2) of the Trespass Act 2023 if committed on a bus,\nat a bus stop, at a bus station or in a bus zone;\n(c) an offence against section 241 of the Criminal Code, or an\nattempt to commit that offence, in relation to a bus stop, a bus\nstation, a bus or a transit safety vehicle;\n(d) any offence against the Criminal Code involving an assault if:\n(i) committed on a bus, at a bus stop, at a bus station or in\na bus zone; or\n(ii) committed against a person on a bus, at a bus stop, at a\nbus station or in a bus zone; or\n(iii) committed in the vicinity of a bus, a bus stop, at a bus\nstation or in a bus zone against a transit officer\nexercising a power under this Act.\n(2) The following offences against this Act are also offences\nwarranting arrest:\n(a) an offence against section 24(3) or (4), 26(4), 32 or 33;\n(b) an offence consisting of the contravention of a rule of\nbehaviour if committed or continued after a transit officer has\nwarned the offender that commission or continuance of the\noffence may lead to arrest.\n5 General orders\nThe Director may, by Gazette notice, issue general orders:\n(a) to establish proper standards of behaviour for transit officers;\nor\n\nPart 2 Transit officers\nPublic Transport (Passenger Safety) Act 2008 4\n(b) for other purposes related to the administration of this Act.\nNote\nThe code of conduct for transit officers is to be established by general order\nissued under this section.\n5A Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 5A\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\nPart 2 Transit officers\n6 Appointment of transit officers\n(1) The Director may appoint transit officers.\n(2) A person is not eligible for appointment as a transit officer unless\nthe person:\n(a) has been suitably trained to exercise the powers of a transit\nofficer under this Act; or\n(b) is appointed on condition that the person will, until\nsuccessfully completing his or her training as a transit officer,\nonly exercise powers as a transit officer while in the company,\nand under the direct supervision, of a transit officer who has\nsuccessfully completed training as such.\n(3) A person is not eligible for appointment as a transit officer if the\nperson has a previous conviction for a disqualifying offence.\n(4) A transit officer appointed under this section is an employee for the\npurposes of, and holds office subject to, the Public Sector\nEmployment and Management Act 1993.\n(5) Despite the Criminal Records (Spent Convictions) Act 1992 and the\nAnti-Discrimination Act 1992:\n(a) an applicant for appointment as a transit officer must authorise\nthe Director to obtain from the Commissioner of Police a\ncriminal history including spent convictions; and\n\nPart 2 Transit officers\nPublic Transport (Passenger Safety) Act 2008 5\n(b) the Director may take the criminal history (including the spent\nconvictions) into account in deciding the application; and\n(c) if the application is successful, the Director may retain the\ncriminal history for as long as the successful applicant holds\nan appointment as a transit officer.\n7 Ex officio transit officers\n(1) Each of the following is a transit officer by virtue of his or her office\nor position:\n(a) a member of the Police Force;\n(b) a security officer who:\n(i) holds a licence or provisional licence as a security officer\nunder the Private Security Act 1995; and\n(ii) is engaged by a security firm that is licensed under that\nAct and engaged by the Territory to carry out the\nfunctions of a security officer on buses, at bus stops, at\nbus stations or in bus zones;\n(c) a bus driver.\n(2) However:\n(a) a security officer or bus driver is not authorised to exercise a\ntransit officer's power of arrest, power of search, or power to\nuse force against another; and\n(b) a person is not authorised to exercise powers as an ex officio\ntransit officer while those powers are under suspension; and\n(c) an ex officio transit officer who is found guilty of a disqualifying\noffence ceases to hold office as a transit officer.\n8 Identity cards\n(1) The Director must issue an identity card to each transit officer\n(other than an ex officio transit officer).\n(2) The identity card must contain:\n(a) a photograph of the officer; and\n(b) the name of the officer; and\n(c) a statement that the person whose name and photograph\nappear on the card is a transit officer; and\n\nPart 2 Transit officers\nPublic Transport (Passenger Safety) Act 2008 6\n(d) the officer's identity number; and\n(e) a statement that the card is issued under the Director's\nauthority.\n(3) A person to whom an identity card was issued under this section\nmust, within 14 days after ceasing to be a transit officer, return the\nidentity card to the Director.\nFault element: This is an offence of strict liability.\nMaximum penalty: 20 penalty units.\n9 Obligations with regard to identity card\n(1) A transit officer (other than an ex officio transit officer) must not\nexercise a power under this Act unless the transit officer holds an\nidentity card issued under this Act.\n(2) Before exercising a power under this Act against a person, such a\ntransit officer must, wherever practicable, produce the identity card\nfor the inspection of that person (but the card need only be\nproduced once even though 2 or more powers are exercised\nagainst the person).\n(3) Non-compliance by a transit officer with subsection (2) is a defence\nto a charge based on non-compliance by the person to whom the\nidentity card should have been produced with a requirement or\nrequest made by the transit officer under this Act.\n10 Disqualifying offences\n(1) If a transit officer is charged with, or found guilty of, a disqualifying\noffence, the transit officer must report that fact to the Director as\nsoon as practicable.\n(2) The Director may suspend any transit officer who is charged with a\ndisqualifying offence while the charge is being dealt with by a court.\n(3) The Director must revoke the appointment of a transit officer, other\nthan an ex officio transit officer, who is found guilty of a\ndisqualifying offence.\n(4) A transit officer commits an offence if the officer fails to comply with\nsubsection (1).\nMaximum penalty: 100 penalty units.\n(5) An offence against subsection (4) is an offence of strict liability.\n\nPart 2 Transit officers\nPublic Transport (Passenger Safety) Act 2008 7\n11 Code of conduct\n(1) A transit officer, other than an ex officio transit officer who is a\nmember of the Police Force, must not contravene the code of\nconduct.\n(2) If a transit officer, other than an ex officio transit officer, appointed\nunder this Act contravenes the code of conduct, the matter may be\ndealt with as a breach of discipline under the Public Sector\nEmployment and Management Act 1993.\n(3) If an ex officio transit officer, other than a member of the Police\nForce, contravenes the code of conduct, the Director may disqualify\nthe person from exercising powers as a transit officer.\n12 Protection from liability\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith in the exercise of a power or\nperformance of a function as a transit officer.\n(2) Subsection (1) does not affect any liability that the following\npersons or entities would, apart from that subsection, have for the\nact or omission:\n(a) in the case of a transit officer, other than an ex officio transit\nofficer – the Territory;\n(b) in the case of an ex officio transit officer who is a member of\nthe Police Force – the Territory;\n(c) in the case of an ex officio transit officer who is a security\nofficer – the employer of the security officer;\n(d) in the case of an ex officio transit officer who is a bus driver –\nthe employer of the bus driver.\n(3) This section is subject to Part VIIA of the Police Administration\nAct 1978 to the extent that it relates to the civil liability of an\nex officio transit officer who is or was a member of the Police Force\nat the time of the act or omission.\n(4) In this section:\nexercise of a power includes the purported exercise of the power.\nperformance of a function includes the purported performance of\nthe function.\n\nPart 3 Rules of behaviour\nPublic Transport (Passenger Safety) Act 2008 8\nPart 3 Rules of behaviour\n13 Animals\n(1) A person must not bring an animal onto a bus.\n(2) However, a person who has impaired sight or hearing, and requires\nthe assistance of a guide-dog or a hearing-dog, may bring such a\ndog onto a bus.\n14 Smoking\nA person must not smoke:\n(a) on a bus; or\n(b) in any part of a bus station, or any part of bus stop that is not\npart of a footpath, unless it is within an area designated as an\narea where smoking is permitted.\n15 Liquor and drugs\nA person must not consume alcoholic liquor or a dangerous drug\nwhile on a bus, at a bus stop or at a bus station.\n16 Consumption of food\nA person must not consume food while on a bus.\n17 Damage or interference\n(1) A person must not, without proper authority, damage or interfere\nwith:\n(a) a bus; or\n(b) a bus station; or\n(c) a bus stop; or\n(d) a sign or equipment on a bus, at a bus station or at a bus stop.\n(2) In this section, damage includes the soiling of, or the painting or\nmarking of graffiti on, a bus, bus stop, bus station, sign or\nequipment.\n18 Nuisance or inconvenience\nA person must not cause a nuisance or inconvenience to others on\na bus, at a bus stop or at a bus station.\n\nPart 3 Rules of behaviour\nPublic Transport (Passenger Safety) Act 2008 9\n19 Offensive language\nA person must not use offensive language while on a bus, at a bus\nstop or at a bus station.\n20 Passenger management\n(1) A person who is asked by a transit officer to move or keep away\nfrom a part of the bus not intended for the conveyance of\npassengers must immediately comply with the request.\n(2) A person who is reasonably asked by a transit officer to vacate a\nparticular seat must comply with the request as soon as reasonably\npracticable.\n(3) A person who causes any part of his or her body, or an object, to\nproject from a bus and who is asked by a transit officer to cease\ndoing so must immediately comply with the request.\n(4) A person must comply with a reasonable direction given by a transit\nofficer, about how (and by which door) the person is to board or get\noff the bus.\n21 Passenger to hold valid ticket\n(1) A person must not travel as a passenger on a bus without a valid\nticket for the carriage of the passenger for the whole of the journey.\n(2) A ticket will not be regarded as a valid ticket if it has been defaced\nso that it is no longer legible.\n(3) A passenger travelling on a bus on a route service must, if required\nto do so by a transit officer, produce the passenger's ticket for\ninspection.\n22 Offence to contravene rule of behaviour\nA person who contravenes a rule of behaviour is guilty of an\noffence.\nFault element: This is an offence of strict liability.\nMaximum penalty: 20 penalty units.\n\nPart 4 Powers of transit officers\nPublic Transport (Passenger Safety) Act 2008 10\nPart 4 Powers of transit officers\n23 Geographical extent of transit officer's powers\nThe powers of a transit officer are exercisable:\n(a) on, or in the vicinity of, a bus; or\n(b) at, or in the vicinity of, a bus station, bus stop or bus zone.\n24 Power to require statement of name, address and date of birth\n(1) A transit officer may require a person to state the person's name,\naddress and date of birth if the transit officer believes on\nreasonable grounds that the person:\n(a) has committed, is committing, or is about to commit, a relevant\noffence; or\n(b) may be in a position to assist in the investigation of a relevant\noffence.\n(2) A transit officer may require a person who has been required to\ngive details under subsection (1) to provide specified evidence of\nidentity.\n(3) A person must not refuse or fail to comply with a requirement under\nthis section.\nFault element: This is an offence of strict liability.\nMaximum penalty: 20 penalty units.\n(4) A person must not provide misleading information, or misleading\nevidence, in response to a requirement under this section.\nFault element: An intention to mislead.\nMaximum penalty: 100 penalty units or imprisonment for\n6 months.\n25 Power of direction\n(1) If a transit officer believes on reasonable grounds that a person has\ncommitted, is committing, or is about to commit a contravention of a\nrule of behaviour, the transit officer:\n(a) may direct the person to comply with the rules of behaviour in\nrelevant respects; and\n\nPart 4 Powers of transit officers\nPublic Transport (Passenger Safety) Act 2008 11\n(b) may give incidental directions that may be appropriate in the\ncircumstances.\n(2) A person must comply with a direction under subsection (1).\nFault element: This is an offence of strict liability.\nMaximum penalty: 20 penalty units.\n26 Power to require a person to get off bus and, on\nnon-compliance, to remove forcibly\n(1) This section applies in relation to a person who is on a bus, at a bus\nstop or at a bus station if:\n(a) the person contravenes a transit officer's direction; or\n(b) the person contravenes a banning notice; or\n(c) a transit officer believes on reasonable grounds that the\nperson has committed, is committing, or is about to commit a\nrelevant offence.\n(1A) A transit officer:\n(a) may direct the person, as the case requires:\n(i) to get off the bus; or\n(ii) to leave the bus stop or the bus station; and\n(b) may give the person incidental directions that are appropriate\nin the circumstances, including a direction:\n(i) not to board the same or another bus; or\n(ii) to stay away from the bus stop or bus station for a\nspecified period of up to 24 hours.\n(2) A direction under subsection (1A) must, if practicable, be given in\nwriting but, if it is not practicable to give a written direction, it may\nbe given orally.\n(3) If a bus is in motion when a direction to get off the bus is given\nunder subsection (1A), the direction requires the person to get off\nthe bus when the bus next stops.\n\nPart 4 Powers of transit officers\nPublic Transport (Passenger Safety) Act 2008 12\n(4) A person must comply with a direction under subsection (1A).\nFault element: This is an offence of strict liability.\nMaximum penalty: 20 penalty units.\n(5) If a person does not comply with a direction under subsection (1A),\nthe transit officer may use such force as is reasonably necessary to\nremove the person from the bus, the bus stop or the bus station (as\nthe case requires).\n27 Arrest and detention\n(1) If a transit officer believes on reasonable grounds that a person has\ncommitted an offence warranting arrest, the officer may (without\nwarrant) arrest and detain the person.\n(2) A person arrested and detained under this section must (unless\nreleased beforehand) be delivered as soon as practicable into the\ncustody of a member of the Police Force to be dealt with according\nto law.\nNote\nThe transit officer will take the arrested person to a police station to be delivered\ninto the custody of a member of the Police Force or arrange with the Police for\nthe person to be collected by a member of the Police Force at the place of arrest\nor some other convenient place.\n(3) A transit officer may use such force as is reasonably necessary for\nthe arrest or detention of a person under subsection (1).\n27A Transit officer to maintain safety and security\n(1) A transit officer may take reasonable and appropriate steps in order\nto maintain the safety or security of the following:\n(a) a route service;\n(b) buses, bus stations and bus stops;\n(c) persons on a bus, at a bus station and at a bus stop;\n(d) transit safety vehicles;\n(e) signs and equipment on buses, at bus stations and at bus\nstops.\n(2) For subsection (1), a transit officer may use the force that is\nreasonably necessary.\n\nPart 4 Powers of transit officers\nPublic Transport (Passenger Safety) Act 2008 13\n(3) Without limiting subsection (1), a transit officer may use the force\nthat is reasonably necessary for the following:\n(a) in self-defence;\n(b) to prevent a person from:\n(i) harming themselves or someone else; or\n(ii) damaging property;\n(c) to exercise a power or perform a function for which the use of\nforce is expressly authorised under this Act.\n27B Capsicum spray and restraints\nA transit officer, other than an ex officio transit officer referred to in\nsection 7(1)(b) or (c), lawfully using force under this Act may\npossess and, if reasonably necessary, use:\n(a) a device approved by the Director that discharges oleoresin\ncapsicum spray or gel; and\n(b) restraints approved by the Director.\n27C Reasonably necessary\nDespite any other provision of this Act, the use of force, and in\nparticular the use of a device or restraints referred to in\nsection 27B, by a transit officer under this Act is reasonably\nnecessary only if the transit officer believes on reasonable grounds\nthat:\n(a) the purpose for which the force, device or restraints are to be\nused could not reasonably be achieved in another practicable\nway; and\n(b) using the force, device or restraints is reasonable in the\ncircumstances.\n27D Director to manage use of force\n(1) The Director must ensure that:\n(a) to the extent practicable, force is used under this Act only:\n(i) as a last resort; and\n(ii) when the use of force is reasonably necessary; and\n\nPart 4 Powers of transit officers\nPublic Transport (Passenger Safety) Act 2008 14\n(b) transit officers who use force do so in accordance with this\nAct.\n(2) The Director must issue directions in relation to the use of force\nunder this Act, including as to:\n(a) the circumstances in which, and by whom, force may be used;\nand\n(b) the nature of the force that may be used in those\ncircumstances.\n28 Search and seizure of dangerous articles\n(1) A person arrested and detained under this Part may be subjected to\na frisk search.\n(2) The search may be carried out:\n(a) by the transit officer if the transit officer is of the same sex as\nthe person under arrest; or\n(b) if not, by a person, acting at the direction of the transit officer,\nof the same sex as the person under arrest.\n(3) The person who carries out the frisk search may also search\nanything apparently in the possession of the person subjected to\nthe search.\n(4) The person who carries out the search may seize anything that\ncould cause harm to the person under arrest or anyone else (a\ndangerous article).\n(5) The person who carries out the search may use such force as is\nreasonably necessary for the search or the seizure of dangerous\narticles.\n(6) A person who carries out a search at the direction of a transit officer\nhas the same immunities from civil and criminal liability as the\ntransit officer.\n(7) The transit officer must hand over any dangerous article seized in\nthe course of a search to the member of the Police Force who takes\ncustody of the person arrested and detained under this Part.\n28A Power to issue banning notice\n(1) The Director may, in writing, authorise a transit officer, other than\nan ex officio transit officer, to exercise the power to issue banning\nnotices.\n\nPart 4 Powers of transit officers\nPublic Transport (Passenger Safety) Act 2008 15\n(2) A transit officer, authorised by the Director, may issue a banning\nnotice to a person if the officer believes on reasonable grounds that\nthe person:\n(a) engaged in offensive, threatening, violent or disorderly\nconduct on a bus, at a bus stop, in a bus zone or at or in the\nvicinity of a bus station; or\n(b) damaged a bus, a transit safety vehicle, a bus stop or a bus\nstation; or\n(c) damaged property on a bus, in a transit safety vehicle, at a\nbus stop or at a bus station.\n(3) A banning notice must be served personally on the person.\n28B Requirements before giving banning notice\n(1) If a transit officer intends to issue a banning notice to a person, the\nofficer must inform the person of the officer's intention of issuing the\nnotice.\n(2) A contravention of subsection (1) by a transit officer does not\nconstitute an offence.\n28C Contents of banning notice\nA banning notice must include the following:\n(a) the name of the banned person;\n(b) a description of the conduct for which the person is being\nissued the notice and the grounds for the transit officer's belief\nthat the person engaged in that conduct;\n(c) the name of the transit officer issuing the notice;\n(d) a description of the places to which the ban applies;\n(e) the date and time when the notice is served on the person and\nthe period of the ban;\n(f) a statement that it is an offence to contravene the notice;\n(g) an explanation of how the ban can be varied or revoked.\n\nPart 4 Powers of transit officers\nPublic Transport (Passenger Safety) Act 2008 16\n28D Effect of banning notice\n(1) A banning notice, according to its terms, bans the person from\nentering or remaining:\n(a) in or on a bus; or\n(b) in or at bus stop or bus station.\n(2) A banning notice has no effect in relation to a public footpath that is\npart of a bus stop.\n(3) The notice may ban a person for a period not exceeding the\nfollowing:\n(a) if the person was not previously issued a banning notice –\n90 days;\n(b) if the person was previously issued a banning notice –\n180 days.\n(4) The ban starts from the time the banning notice is served on the\nperson.\n(5) To enforce a banning notice, a transit officer may give a copy of the\nnotice and a photograph of the banned person to:\n(a) the Director and other transit officers; and\n(b) bus operators and their employees.\n28E Variation or revocation of banning notice\n(1) A person who is the subject of a banning notice may apply to the\nDirector for it to be varied or revoked.\n(2) The application must be in writing and state the reasons for the\nvariation or revocation.\n(3) The Director may, on application or on the Director's own initiative,\nvary or revoke a banning notice at any time by written notice given\nto the banned person stating the variation or revocation.\n(4) A variation may include adding, varying or removing the terms or\nconditions of a banning notice.\nExample for subsection (4)\nThe variation could add or remove places to which the banning notice applies.\n(5) A banning notice cannot be varied to extend the period for which\nthe notice applies.\n\nPart 5 Miscellaneous\nPublic Transport (Passenger Safety) Act 2008 17\n(6) The Director may delegate any of the Director's powers and\nfunctions under this section to a person, other than the transit\nofficer who issued the banning notice.\n28F Offence to contravene banning notice\n(1) A person commits an offence if:\n(a) the person is served with a banning notice; and\n(b) the person attempts to enter, enters or remains in, on or at a\nplace contrary to the banning notice.\nMaximum penalty: 20 penalty units.\n(2) An offence against subsection (1) is an offence of strict liability.\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant has a reasonable excuse.\nNote for subsection (3)\nThe defendant has an evidential burden in relation to this defence (see\nsection 43BU of the Criminal Code).\nPart 5 Miscellaneous\n29 Internal review\n(1) The Director must establish a system of administrative review for\nthe purposes of dealing effectively with complaints about the\nconduct of transit officers.\n(2) The procedures for making a complaint, and the procedures on\nreview, must be published on the Agency's website.\n30 No entitlement to refund of fare\nIf a person is directed to get off a bus, or is forcibly removed from a\nbus, under this Act, no entitlement to a refund of fare arises.\n32 Obstruction of transit officer\nA person must not:\n(a) obstruct or hinder a transit officer who is carrying out official\nfunctions; or\n\nPart 5 Miscellaneous\nPublic Transport (Passenger Safety) Act 2008 18\n(b) incite or encourage another to obstruct or hinder a transit\nofficer who is carrying out official functions.\nFault element: Intention.\nMaximum penalty: 100 penalty units or imprisonment for\n6 months.\n33 Security cameras or surveillance devices\nA person must not, without proper authority, damage or interfere\nwith a security camera or a surveillance device on a bus, at a bus\nstop or at a bus station.\nFault element: This is an offence of strict liability.\nMaximum penalty: 100 penalty units or imprisonment for\n6 months.\n34 Prosecutions\n(1) Proceedings for an offence against this Act may be commenced by:\n(a) a member of the Police Force; or\n(b) a transit officer; or\n(c) a person authorised by the Director.\n(2) In a proceeding for an offence against this Act, a certificate signed\nby the Director certifying any of the following matters is evidence of\nthe matter:\n(a) that a person named in the certificate was, on a particular day\nor for a particular period, a transit officer or a person\nauthorised to commence proceedings for an offence against\nthis Act;\n(b) that a person named in the certificate was authorised to issue\nbanning notices;\n(c) that a person named in the certificate was served with a\nbanning notice and the details of the banning notice.\n35 Infringement notice offences\n(1) An authorised officer may serve an infringement notice on a person\nif the officer believes that the person has committed an infringement\nnotice offence.\n\nPart 5 Miscellaneous\nPublic Transport (Passenger Safety) Act 2008 19\n(2) An infringement notice must contain the following particulars:\n(a) the name and address of the alleged offender, if known;\n(b) the date of the infringement notice and date, time and place of\nthe alleged offence;\n(c) the nature of the offence, the amount of the infringement\nnotice penalty for the offence and a statement that the offence\nmay be expiated by payment of the infringement notice\npenalty to a person whose name and address are stated in the\nnotice within 28 days of the date of the notice;\n(d) a statement that the alleged offender may elect to be charged\nwith, and dealt with by a court for, the alleged offence by\ncompleting and returning the relevant part of the notice to a\nperson whose name and address are stated in the notice\nwithin 28 days of the date of the notice.\n(3) If the infringement notice penalty for an alleged offence is paid\nunder this section, the alleged offender is not liable to any further\nproceedings for the alleged offence unless the infringement notice\nis withdrawn under subsection (4).\n(4) An authorised officer may withdraw the infringement notice by\nserving a written notice of withdrawal (accompanied, if the\ninfringement notice penalty has been paid, by the amount of the\npenalty) within 28 days of the date of the infringement notice.\n(5) Service of an infringement notice, or a notice of withdrawal of an\ninfringement notice, is effected:\n(a) by serving it personally on the alleged offender; or\n(b) by posting it to the alleged offender at his or her last known\naddress; or\n(c) by leaving it for the alleged offender at his or her last known\nplace of residence or business with a person who appears to\nbe at least 16 years of age and to be resident or employed\nthere.\n(6) Payment under this section does not imply any admission of civil\nliability, nor does it affect or prejudice any civil claim, action or\nproceeding arising out of the same occurrence.\n(7) The Fines and Penalties (Recovery) Act 2001 applies to an\ninfringement notice issued under this section if the amount payable\nunder the infringement notice is not paid within the time specified in\nthe notice.\n\nPart 5 Miscellaneous\nPublic Transport (Passenger Safety) Act 2008 20\n(8) In this section:\nauthorised officer means:\n(a) a transit officer; or\n(b) some other person authorised in writing by the Director to\nexercise the powers of an authorised officer under this\nsection.\ninfringement notice offence means:\n(a) an offence against this Act; or\n(b) an offence against the regulations prescribed as an\ninfringement notice offence.\ninfringement notice penalty means:\n(a) for an offence against this Act – an amount equivalent to 3%\nof the maximum monetary penalty prescribed for the offence;\n(b) for an offence against the regulations – an amount fixed by the\nregulations as the infringement notice penalty for the offence.\npaid – if a cheque is given in purported payment of an infringement\nnotice penalty, the penalty is not paid unless and until the cheque is\nhonoured.\n36 Interaction between this Act and the Youth Justice Act 2005\nA transit officer who is doing, or is about to do, anything to which\nthe Youth Justice Act 2005 would apply if it were to be by a\nmember of the Police Force must comply with the obligations\nimposed by that Act on a member of the Police Force.\n37 Regulations\nThe Administrator may make regulations under this Act.\n\nENDNOTES\nPublic Transport (Passenger Safety) Act 2008 21\nENDNOTES\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nPublic Transport (Passenger Safety) Act 2008 (Act No. 15, 2008)\nAssent date 18 June 2008\nCommenced 18 July 2008 (Gaz S35, 18 July 2008)\nStatute Law Revision Act 2017 (Act No. 4, 2017)\nAssent date 10 March 2017\nCommenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)\nStatute Law Revision Act 2018 (Act No. 10, 2018)\nAssent date 23 May 2018\nCommenced 20 June 2018 (Gaz S41, 20 June 2018)\nTransport Legislation Amendment Act 2022 (Act No. 1, 2022)\nAssent date 1 March 2022\nCommenced 4 May 2022 (Gaz S20, 29 April 2022)\nTrespass Act 2023 (Act No. 7, 2023)\nAssent date 6 April 2023\nCommenced 1 May 2023 (Gaz G9, 27 April 2023, p 1)\nPublic Transport (Passenger Safety) Amendment Act 2023 (Act No. 12, 2023)\nAssent date 31 May 2023\nCommenced 1 June 2023 (s 2)\nTransport Legislation Amendment Act 2025 (Act No. 23, 2025)\nAssent date 12 September 2025\nCommenced pts 2, 4, 5 and 6: 21 January 2026 (Gaz S5,\n19 January 2026); rem: 18 November 2025 (Gaz S69,\n17 November 2025)\n\nENDNOTES\nPublic Transport (Passenger Safety) Act 2008 22\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 4, 6, 11, 35 and 36.\n4 LIST OF AMENDMENTS\ns 3 amd No. 4, 2017, s 26; No. 1, 2022, s 24; No. 23, 2025, s 43\ns 4 amd No. 10, 2018, s 4; No. 1, 2022, s 25; No. 7, 2023, s 34\ns 5A ins No. 4, 2017, s 27\ns 7 amd No. 1, 2022, s 26\ns 10 sub No. 1, 2022, s 27\ns 11 amd No. 1, 2022, s 28\ns 12 sub No. 1, 2022, s 29\ns 14 amd No. 1, 2022, s 30\ns 15 amd No. 1, 2022, s 31\ns 16 sub No. 1, 2022, s 32\ns 17 amd No. 1, 2022, s 33\ns 18 amd No. 1, 2022, s 34\ns 19 amd No. 1, 2022, s 35\ns 21 amd No. 1, 2022, s 36\ns 23 amd No. 1, 2022, s 37\ns 26 amd No. 1, 2022, s 38; No. 23, 2025, s 44\ns 27 amd No. 12, 2023, s 4\ns 27A ins No. 12, 2023, s 5\ns 27B ins No. 12, 2023, s 5\namd No. 23, 2025, s 45\nss 27C – 27D ins No. 12, 2023, s 5\nss 28A – 28F ins No. 1, 2022, s 39\ns 31 rep No. 4, 2017, s 28\ns 33 amd No. 1, 2022, s 40\ns 34 amd No. 1, 2022, s 41\ns 38 rep No. 10, 2018, s 5\nsch rep No. 10, 2018, s 5","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Since enactment the Act has been substantively expanded from a framework for regulating passenger behaviour to a broader enforcement and coercive regime. Amendments introduced (not exhaustively) the banning‑notice scheme (ss28A–28F), explicit statutory authorisation for capsicum spray and restraints and a director‑managed use‑of‑force regime (ss27B–27D), expanded arrestable offences and interactions with the Trespass Act and Criminal Code (s4, s5A), and refined appointment/discipline rules for transit officers (ss6, 10–11). These changes increase operational enforcement powers and administrative discretion (Director authority to authorise and approve devices, issue codes and vary bans), thereby broadening the Act’s practical scope beyond simple behaviour rules to a layered regime of administrative bans, search/seizure, and defined use of force."},"complexity_factors":["Numerous cross-references to other statutes (Criminal Code Part IIAA, Misuse of Drugs Act 1990, Youth Justice Act 2005, Trespass Act 2023, Police Administration Act 1978).","Multiple enforcement routes: criminal prosecution, infringement notices, administrative banning notices (ss34–35; ss28A–28F).","Several strict‑liability offences and varied fault elements (e.g. strict liability for rule breaches and banning‑notice contraventions; intent required for misleading information and obstruction) increasing prosecutorial nuance (ss22, 24(4), 28F, s32).","Layered powers and exceptions for different officer types (appointed transit officers vs ex officio transit officers such as police, licensed security officers, bus drivers) with different authorised actions (s7).","Detailed conditional use‑of‑force regime with director-level discretion, approval of devices/restraints, and proportionality test (ss27B–27D).","Administrative discretion concentrated in the Director (appointment, authorisation to issue banning notices, code of conduct, directions on force, variation/revocation of bans) (ss5, 6, 27D, 28E).","Multiple operational conditions and nested steps for banning notices (service, content, photographic circulation, limits on duration and variation) (ss28A–28E).","Interaction with policing processes (requirement to hand arrested persons to Police Force; Youth Justice Act obligations where applicable) creating procedural cross‑over (s27(2); s36).","Mixed penalty regime (penalty units, imprisonment for certain offences, differing maximums) and linkages to the Fines and Penalties (Recovery) Act for unpaid infringement notices (s35).","Amendment history with multiple substantive changes across years (2022–2025) that alter powers and terms, increasing statutory complexity (Endnotes and list of amendments)."],"plain_english_summary":"**What this Act does (mechanically)**\n\n- Establishes a statutory regime for maintaining passenger safety on buses, at bus stops, bus stations and in bus zones. (Title and s3.)\n\n- Creates and regulates \"transit officers\": who may be appointed by the Director of Transport, what training and vetting they must have, how they are identified, and the code of conduct that binds them. (ss6–11, s8–9, s5.)\n\n- Sets out a set of prohibited behaviours for people on or around buses (\"rules of behaviour\") such as no animals (with guide-dog exception), no smoking in most areas, no alcohol or illicit drug consumption, no food on buses, no nuisance or offensive language, and prohibitions on damage or interference with transport property. Breach of a rule is an offence. (Part 3, ss13–22.)\n\n- Gives transit officers a suite of enforcement powers in the defined geographic area (on or near buses, bus stops, stations and bus zones): to require name/address/date of birth and proof of identity (s24); to give directions to comply with rules of behaviour (s25); to direct a person to get off a bus or leave a stop/station and, if necessary, to use reasonable force to remove them (s26); to arrest without warrant for offences listed as \"warranting arrest\" (s4, s27); to frisk-search a detained person and seize dangerous articles (s28); and to maintain safety and security including use of reasonable force (s27A–27D). \n\n- Authorises specific coercive tools for appointed transit officers (not ex officio officers): use and possession of Director-approved capsicum spray and restraints, subject to a reasonableness test and Director-issued directions on use. (ss27B–27D.)\n\n- Introduces an administrative banning-notice regime: authorised transit officers may personally serve written banning notices that bar a named person from a bus, bus stop or station for a limited period (up to 90 days first time, 180 days for repeat bans); the Act describes required content, service, and review/variation processes. Contravention of a banning notice is a strict‑liability offence (Part 4, ss28A–28F). \n\n- Establishes prosecution and enforcement procedures: who may commence prosecutions and an infringement-notice (on-the-spot fine) scheme, plus internal administrative review procedures for complaints about transit officer conduct. (ss34–35, s29.)\n\n- Sets civil-liability protections for transit officers acting in good faith, while preserving that certain employers or the Territory remain liable in place of individual officers. It also links to other Acts (Criminal Code defences and principles, Youth Justice Act obligations where applicable). (s12, s5A, s36.)\n\n**Who this affects**\n\n- Transit officers (both appointed and ex officio police, security officers, and bus drivers) — their appointment, training, identification, discipline and immunity. (ss6–11, s7, s12.)\n\n- Passengers and other members of the public using buses, bus stops and bus stations — their behaviour is regulated; they can be directed, removed, arrested, banned and fined under the Act. (Part 3; ss24–28F; ss34–35.)\n\n- Bus operators, security firms and the Territory — receive copies of banning notices for enforcement, and may bear civil liability for acts of ex officio officers or employees. (s28D(5); s12(2).)\n\n- The Police Force — takes custody of persons arrested by transit officers; police officers are ex officio transit officers by virtue of their office. (ss7, 27(2).)\n\n**Why it matters (official purpose and how it operates in practice)**\n\n- The stated purpose is passenger safety on public transport. Mechanically, the Act expands routine regulatory enforcement (rules of behaviour, ticket checks) into a legal framework that allows named officers to use coercive powers (directions, removal, arrest, search, use of specified force, banning notices). The Director (office of transport administration) is given substantial operational discretion: appointing and authorising officers, issuing a code of conduct and directions on use of force, approving devices/ restraints, and handling variation/revocation of banning notices. (ss5, 6, 11, 27D, 27B, 28E.)\n\n**Costs, incentives and trade-offs (concrete mechanisms)**\n\n- Who pays: the Territory is the principal fiscally exposed party for acts of appointed transit officers and police ex officio officers (s12(2)(a)–(b)); employers may be exposed in relation to security officers or bus drivers acting as ex officio transit officers (s12(2)(c)–(d)). Enforcement and training costs fall on the agency operating transit officers; criminal-justice costs arise where arrests lead to policing, custody and prosecutions. (s12; ss6–7; ss27–28.)\n\n- Who decides: the Director of Transport holds significant decision-making power — appointment/authorisation, code of conduct, approval of devices/restraints, directions on force, and review/variation of banning notices. Many operational choices therefore sit inside the agency rather than in a court or statute-fixed rule. (ss5, 6, 27B, 27D, 28E.)\n\n- Behavioural effects: the Act raises the legal cost of breaching rules of behaviour (strict‑liability offences with monetary penalties, possibility of removal, banning or arrest). That creates deterrence incentives for passengers; it also formalises removal and banning as administrative alternatives to criminal prosecution. (ss22, 26, 28D–28F.)\n\n- Compliance and administrative burden: transit officers require training and identity cards; the Director must publish complaint and review procedures and manage use-of-force policies. These are explicit administrative tasks in the Act (ss6, 8–9, 27D, 29). \n\n- Concentrated benefits and diffuse costs: operators and regular passengers may receive concentrated benefits from reduced disorder (enforcement, banning notices, transit safety vehicles). The costs — potential legal disputes, policing and training expense, and the risk of enforcement errors — are spread across the public and government budgets. The Act also creates channels (banning notices, infringement notices) that centralise enforcement discretion with the Director and authorised officers. (ss28A–28F; ss34–35; s12.)\n\n- Substitution effects and implementation risk: the Act relies on the agency to operationalise force and banning regimes; poor training, insufficient oversight, or unclear directions could increase litigation risk or inconsistent application. The Act mitigates some procedural risk by requiring identity cards, internal review publication and police custody for detainees, but leaves broad discretion to the Director for authorisation and approval of devices. (ss8–9, 27D, 29, 27B, 28E.)\n\n**Limits, checks and special features to note**\n\n- Some powers are limited to appointed transit officers; ex officio officers (police, licensed security, bus drivers) have narrower powers (s7).\n\n- Several offences are designated as \"warranting arrest\" (s4) and some offences are strict liability (for example, failing to produce identity details or breaching a banning notice) — which lowers the prosecution fault threshold for those breaches (ss22, 24(3), 28F(2)).\n\n- Arrests by transit officers must be handed to police as soon as practicable (s27(2)), and use of force is qualified by a reasonableness test and Director instructions (ss27C–27D).\n\n- The Act cross-references other legislation for definitions and legal standards (Misuse of Drugs Act, Criminal Code including Part IIAA, Youth Justice Act, Trespass Act), so interpretation often depends on reading those statutes alongside this Act. (s3; s5A; s36; s4.)\n\n**Selected section references for key mechanisms**\n\n- Appointment and identity: ss6–9\n- Rules of behaviour: Part 3 (ss13–22)\n- Directions, removal and force: ss25–26, 27A–27D\n- Arrest, search and seizure: ss4, 27, 28\n- Banning notices (issue, content, effect, contravention): ss28A–28F\n- Liability protections and who is liable: s12\n- Prosecutions and infringement notices: ss34–35\n\n(Statement of purpose is drawn from the Act’s long title: \"to provide for the safety of passengers on public transport\".)"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 2008 scope. Major amendments in 2022 and 2023 added: (1) a comprehensive banning notice system (sections 28A-28F) allowing transit officers to exclude people from public transport for up to 180 days; (2) detailed use-of-force provisions including capsicum spray and restraints (sections 27A-27D); (3) expanded arrest powers referencing the Trespass Act 2023; and (4) updated interaction with the Youth Justice Act. The 2025 amendments further refined use-of-force provisions. The original Act was primarily about basic passenger behaviour rules and officer appointments, but now includes sophisticated administrative exclusion mechanisms and weapons use frameworks."},"complexity_factors":["Multiple categories of transit officers with different powers (appointed officers vs ex officio officers including police, security guards, and bus drivers) with varying limitations","Cross-references to other NT legislation including the Criminal Code, Summary Offences Act 1923, Trespass Act 2023, Misuse of Drugs Act 1990, Traffic Act 1987, Public Sector Employment and Management Act 1993, and Youth Justice Act 2005","Nested conditional logic for use of force (sections 27A-27D) requiring 'reasonable grounds' and 'reasonably necessary' standards","Detailed procedural requirements for banning notices including pre-issuance warnings, specific content requirements, service requirements, and variation/revocation procedures","Mix of strict liability offences (no need to prove intent) and offences requiring intent, with varying penalty structures","Complex geographical definitions for 'bus stop' that change depending on whether there's a bus zone, a sign, or neither, and whether the bus is present"],"plain_english_summary":"This Northern Territory law sets up a system to keep public buses and bus stops safe. It creates special officers called **transit officers** who have powers similar to police (but more limited) on buses and at bus stops. These officers can ask for your name and address, tell you to get off the bus, arrest you for serious offences, search you, and even use capsicum spray or handcuffs if necessary. They can also ban troublemakers from using buses for up to 180 days.\n\nThe law also sets **rules for passengers**: no smoking, no drinking alcohol or taking drugs, no eating on the bus, no offensive language, and you must have a valid ticket. Breaking these rules can result in fines.\n\n**Who it affects:**\n- **Passengers** using public buses in the Northern Territory\n- **Transit officers** (including police, security guards, and bus drivers who have limited powers)\n- **Bus operators** and the Director of Transport\n\n**Why it matters:** It gives transit officers significant powers to maintain order on public transport, including the ability to use force and issue banning notices. It balances these powers with requirements for training, identity cards, and a code of conduct. The law also provides protections for officers acting in good faith and establishes a complaints system."}},"importantCases":[],"_links":{"self":"/api/acts/public-transport-passenger-safety-act-2008","history":"/api/acts/public-transport-passenger-safety-act-2008/history","analysis":"/api/acts/public-transport-passenger-safety-act-2008/analysis","conflicts":"/api/acts/public-transport-passenger-safety-act-2008/conflicts","importantCases":"/api/acts/public-transport-passenger-safety-act-2008/important-cases","documents":"/api/acts/public-transport-passenger-safety-act-2008/documents"}}