Bus Services Act 1995

Version No. 045

Bus Services Act 1995

No. 68 of 1995

Version incorporating amendments as at
6 August 2025

table of provisions

Section Page

Part 1—Preliminary 1

1 Purpose 1

2 Commencement 1

3 Definitions 1

3C Transport Integration Act 2010 6

4 Crown to be bound 6

4A Declaration power of the Head, Transport for Victoria 7

Part 3—Regular passenger services 9

Division 1—Service contract requirement for regular passenger services 9

25 Service must not be operated or offered without service contract 9

Division 2—Service contracts 10

26 Service contracts 10

27 Nature of service contracts 12

27A Civil penalty provisions in operative service contracts 14

28 Regions or routes of operation 15

Division 3—Variation, suspension, cancellation of service contracts 17

30 Variation, suspension or cancellation of service contracts 17

Division 4—New regular passenger services 18

Subdivision 1—Interpretation 18

30A Definitions 18

30B When is an affected service contract holder a materially affected service contract holder? 20

30C Certain affected service contract holders may be materially affected service contract holders 22

Subdivision 2—Stage 1 procurement process (affected service contract holders) 23

30D Proposed new regular passenger services that will affect only one service contract holder 23

30E Proposed new regular passenger service that will affect more than one existing service contract holder—Stage 1 24

30F Outcome of stage 1 of procurement process if an affected service contract holder is successful 24

30G End of stage 1 process—No agreement (and there is no materially affected service contract holder) 25

30H End of stage 1 process—No agreement (and there is a materially affected service contract holder) 26

Subdivision 3—Stage 2 procurement process (materially affected service contract holders) 26

30I Stage 2 procurement process—Only one materially affected service contract holder 26

30J Stage 2 procurement process—More than one materially affected service contract holder 28

30K Outcome of stage 2 procurement process—More than one materially affected service contract holder 28

Division 5—Transfer of property used in provision of regular passenger services 29

30L Definitions 29

30M Property of certain holders of service contracts and associated operators 31

30N Allocation statement 32

30O Relevant property transferred in accordance with statement 33

30P Allocation of relevant property subject to encumbrances 33

30Q Certificate signed by the Head, Transport for Victoria 33

30R Consideration for transferred property 34

30S Former transferor instruments and agreements 34

30T Interests in land 35

30U Amendment of Register 35

30V Proceedings 35

30W Taxes 36

30X Evidence 36

30Y Validity of things done under this Division 36

30Z Corporations Act displacement 37

Part 4—Miscellaneous 38

34 Fees 38

36 No compensation payable 40

37 Supreme Court—limitation of jurisdiction 41

38 Regulations 42

38A Extension of operation of Regulations 44

Endnotes 46

1 General information 46

2 Table of Amendments 48

3 Explanatory details 52

Version No. 045

Bus Services Act 1995

No. 68 of 1995

Version incorporating amendments as at
6 August 2025

The Parliament of Victoria enacts as follows:

Part 1—Preliminary

S. 1 substituted by No. 13/2009 s. 81.

1 Purpose

The purpose of this Act is to implement a system of service contracts for certain types of bus services and to provide for the service standards that are to apply in the provision of those bus services and other bus services.

2 Commencement

(1) This Part comes into operation on the day on which this Act receives the Royal Assent.

(2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3) If a provision referred to in subsection (2) does not come into operation within the period of 6 months beginning on, and including, the day on which this Act receives the Royal Assent, it comes into operation on the first day after the end of that period.

3 Definitions

(1) In this Act—

S. 3(1) def. of accredited person repealed by No. 13/2009 s. 82(1)(a).

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S. 3(1) def. of bus amended by Nos 106/1997 s. 28(a), 69/2007 s. 41(2), substituted by No. 13/2009 s. 82(1)(b).

bus has the same meaning as it has in section 3(1) of the Bus Safety Act 2009;

S. 3(1) def. of courtesy service inserted by No. 106/1997 s. 28(b), repealed by No. 13/2009 s. 82(1)(a).

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S. 3(1) def. of disqualifying offence repealed by No. 34/2003 s. 20(a), new def. of disqualifying offence inserted by No. 49/2004 s. 18(a), repealed by No. 13/2009 s. 82(1)(a).

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S. 3(1) def. of hire and drive service inserted by No. 106/1997 s. 28(b), amended by No. 2/2008 s. 58, repealed by No. 13/2009 s. 82(1)(a).

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S. 3(1) def. of motor vehicle inserted by No. 69/2007 s. 41(1), repealed by No. 49/2011 s. 33.

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S. 3(1) def. of private bus service inserted by No. 106/1997 s. 28(b), repealed by No. 13/2009 s. 82(1)(a).

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S. 3(1) def. of public passenger vehicle repealed by No. 13/2009 s. 82(1)(a).

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S. 3(1) def. of Public Transport Development Authority inserted by No. 61/2011 s. 25(Sch. 1 item 1.1(a)), repealed by No. 49/2019 s. 186(Sch. 4 item 5.1(a)).

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S. 3(1) def. of regular passenger service substituted by No. 13/2009 s. 82(1)(c).

regular passenger service means—

(a) a route bus service within the meaning of the Bus Safety Act 2009;

(b) a demand responsive bus service within the meaning of the Bus Safety Act 2009;

(c) a prescribed class of bus service other than a prescribed class of route bus service or demand responsive bus service;

(d) a bus service declared under section 4A to be a regular bus service—

but does not include—

(e) a bus service which is prescribed not to be a class of regular passenger service;

(f) a bus service which is declared under section 4A not to be a regular passenger service;

S. 3(1) def. of road transport passenger service amended by No. 49/2004 s. 18(b), repealed by No. 13/2009 s. 82(1)(a).

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S. 3(1) def. of Secretary amended by Nos 28/1996
s. 13, 70/2013 s. 4(Sch. 2 item 7), substituted by No. 49/2019 s. 186(Sch. 4 item 5.1(b)), amended by No. 25/2025 s. 106(Sch. 1 item 6).

Secretary means Secretary to the Department of Transport and Planning;

service contract means a contract entered into under Part 3;

S. 3(1) def. of temporary accreditation repealed by No. 13/2009 s. 82(1)(a).

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vehicle has the same meaning as in the Road Safety Act 1986;

S. 3(1) def. of working day amended by Nos 28/1996 s. 13, 47/2006 s. 36(Sch. 2 item 1), 61/2011 s. 25(Sch. 1 item 1.1(b)), repealed by No. 49/2019 s. 186(Sch. 4 item 5.1(c)).

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S. 3(2) amended by Nos 6/1999 s. 3, 6/2010 s. 203(1)
(Sch. 6 item 39.1) (as amended by No. 45/2010 s. 22).

(2) Expressions used in this Act and in the Transport (Compliance and Miscellaneous) Act 1983 (other than "operate") that are not defined in subsection (1) or elsewhere in this Act have the same meanings as in the Transport (Compliance and Miscellaneous) Act 1983 (including Part VI of that Act).

S. 3(3) amended by No. 6/2010 s. 203(1)
(Sch. 6 item 39.1) (as amended by No. 45/2010 s. 22).

(3) This Act is to be read and construed as one with the Transport (Compliance and Miscellaneous) Act 1983.

S. 3(4) amended by No. 62/2001 s. 95.

(4) The Governor in Council may, by Order published in the Government Gazette, declare this Act to be relevant legislation for the purposes of the Essential Services Commission Act 2001 and, on the publication of that Order, this Act is relevant legislation for the purposes of that Act.

S. 3(5) inserted by No. 13/2009 s. 83(2).

(5) On and from the commencement of section 83 of the Bus Safety Act 2009, a reference to the Public Transport Competition Act 1995 in any Act (other than in the Bus Safety Act 2009) or in any instrument made under any Act or in any other document of any kind, must be read and construed as a reference to the Bus Services Act 1995, unless the context otherwise requires.

S. 3A
inserted by No. 106/1997 s. 29, amended by No. 6/1999 s. 4, repealed by No. 13/2009 s. 82(2).

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S. 3B inserted by No. 95/2005 s. 6, repealed by No. 13/2009 s. 82(2).

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S. 3C inserted by No. 6/2010 s. 24(5)(Sch. 1 item 11) (as amended by No. 45/2010 s. 5).

3C Transport Integration Act 2010

This Act is transport legislation within the meaning of the Transport Integration Act 2010.

4 Crown to be bound

This Act binds the Crown, not only in right of Victoria but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

S. 4A (Heading) amended by Nos 61/2011 s. 25(Sch. 1 item 1.2), 49/2019 s. 186(Sch. 4 item 5.2).

S. 4A
inserted by No. 13/2009 s. 84.

4A Declaration power of the Head, Transport for Victoria

S. 4A(1) amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.3).

(1) Subject to subsection (2), the Head, Transport for Victoria may declare by notice published in the Government Gazette that—

(a) a bus service that is a regular passenger service specified in paragraph (a) or (b) of the definition of regular passenger service in section 3(1) is not a regular passenger service within the meaning of that definition;

(b) a bus service that is not specified in paragraph (a) or (b) of the definition of regular passenger service in section 3(1) is a bus service that is a regular passenger service within the meaning of that definition.

S. 4A(2) amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.3).

(2) If the Head, Transport for Victoria intends to make a declaration under subsection (1), the Head, Transport for Victoria must—

(a) advise operators and sectors of the industry that will be affected by the declaration, if declared, of the proposed declaration; and

(b) provide those operators and sectors with an opportunity to make a submission in relation to the proposed declaration.

S. 4A(3) amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.3).

(3) The Head, Transport for Victoria must have regard to any submissions received under subsection (2) before making the declaration.

Pt 2 (Heading and ss 5–24) amended by Nos 106/1997 ss 30, 31(1), 52/1998 s. 311 (Sch. 1 item 80.1), 6/1999 s. 5, 34/2003 ss 19, 20(b), 49/2004 s. 19, 95/2005 s. 7, 9/2006 ss 130–146, 47/2006 s. 36(Sch. 2 item 2), 69/2007 s. 42, 13/2009 s. 80, 69/2009 s. 54(Sch. Pt 2 item 41), 6/2010 s. 203(1)
(Sch. 6 item 39.1) (as amended by No. 45/2010 s. 22), repealed by No. 13/2009 s. 82(3).

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Part 3—Regular passenger services

Pt 3 Div. 1 (Heading) inserted by No. 69/2007 s. 43.

Division 1—Service contract requirement for regular passenger services

S. 25 (Heading) inserted by No. 95/2005 s. 8(1).

S. 25 amended by No. 95/2005 s. 8(2)(ILA s. 39B(1)).

25 Service must not be operated or offered without service contract

(1) A person must not operate a regular passenger service within (or partly within) the State otherwise than under the authority of a service contract.

1. 100 penalty units.

S. 25(2) inserted by No. 95/2005 s. 8(2).

(2) A person must not offer a regular passenger service within (or partly within) the State to the public, or a section of the public, otherwise than under the authority of a service contract.

1. 100 penalty units.

S. 25(3) inserted by No. 69/2007 s. 44.

(3) Subsection (1) or (2) does not apply if the person operates a regular passenger service within (or partly within) the State—

(a) under a subcontract or other arrangement with the holder of a service contract (the primary service contract); and

(b) the subcontract or other arrangement is authorised or otherwise permitted under the primary service contract.

Pt 3 Div. 2 (Heading) inserted by No. 69/2007 s. 45.

Division 2—Service contracts

26 Service contracts

(1) A service contract sets out the terms and conditions on which a regular passenger service may be operated.

S. 26(2) amended by Nos 45/1999 s. 35(1), 47/2006 s. 35(1)(a), substituted by No. 61/2011 s. 25(Sch. 1 item 1.4), amended by No. 49/2019 s. 186(Sch. 4 item 5.4(a)).

(2) The Head, Transport for Victoria may enter into a service contract with an accredited person.

S. 26(3) amended by Nos 45/1999 s. 35(1), 47/2006 s. 35(1)(b), 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.4(a)).

(3) The Head, Transport for Victoria may invite accredited persons to tender for a service contract.

S. 26(4) amended by Nos 45/1999 s. 35(1), 47/2006 s. 35(1)(c), substituted by No. 69/2007 s. 46, amended by Nos 61/2011 s. 25(Sch. 1 items 1.3, 1.5), 3/2017 s. 50(Sch. 1 item 1), 49/2019 s. 186(Sch. 4 item 5.4(a)(b)).

(4) In awarding a service contract the Head, Transport for Victoria may apply any principles determined by the Secretary for the purpose of awarding service contracts.

S. 26(4A) inserted by No. 69/2007 s. 46, amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.4(a)).

(4A) The Head, Transport for Victoria must give a copy of the principles referred to in subsection (4) to—

S. 26(4A)(a) amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.4(a)).

(a) a person whom the Head, Transport for Victoria invites to tender for a service contract;

(b) a person who tenders for a service contract;

S. 26(4A)(c) amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.4(a)).

(c) a person who applies to the Head, Transport for Victoria for the granting of a service contract;

(d) a person who requests, in writing, a copy of the principles.

S. 26(5) amended by No. 45/1999 s. 35(1), substituted by No. 6/2010 s. 203(1)
(Sch. 6 item 39.2) (as amended by No. 45/2010 s. 22), amended by Nos 61/2011 s. 25(Sch. 1 items 1.3, 1.6), 49/2019 s. 186(Sch. 4 item 5.4(c)).

(5) Nothing in this section limits any authority conferred on the Head, Transport for Victoria by section 64Q of the Transport Integration Act 2010.

27 Nature of service contracts

(1) A service contract cannot be entered into or renewed for a term exceeding 10 years.

(2) A service contract must make provision for or with respect to—

(a) the period for which it operates;

(b) the manner in which it may be terminated;

(c) standards relating to the provision of services under the contract;

(d) a scale of minimum service levels (determined according to such things as the periods of time during which services are to be operated, the extent of operation of services and the frequency of operation of services during specified periods);

(e) if fares are to be charged, a scale of maximum fares;

(f) the manner in which the holder of the service contract will be remunerated or gain revenue from the provision of services under the contract (including arrangements as to any subsidy);

(g) any other matters required by this Act or the regulations to be specified in a service contract.

(3) A service contract may make provision for or with respect to—

(a) reviewing or altering any fares or fare system in circumstances specified in the contract;

S. 27(3)(b) substituted by No. 69/2007 s. 47.

(b) monetary or other penalties—

(i) for a breach of contract;

(ii) for a failure (not being a breach of contract) to meet a performance requirement specified in the contract;

(iii) payable on the termination of the contract;

S. 27(3)(ba) inserted by No. 69/2007 s. 47.

(ba) the recovery of monetary and other penalties referred to in paragraph (b) in accordance with the contract or this Act;

(c) bonds for the performance of the obligations, or specified obligations, under the contract;

(d) the variation of the contract;

(e) the transfer, assignment, subcontracting or other dealing with any right, power or duty under the contract;

S. 27(3)(f) amended by Nos 45/1999 s. 35(2), 47/2006 s. 36(Sch. 2 item 3(a)), 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.5).

(f) any other matter for or with respect to which the Head, Transport for Victoria considers that provision should be made in the public interest.

(4) A service contract may provide for the periodic review, in the manner and at such periods as the contract may specify, of any matter for the time being determined by or under it.

S. 27(5) amended by Nos 45/1999 s. 35(2), 47/2006 s. 36(Sch. 2 item 3(b)), 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.5).

(5) Nothing in subsection (3) or (4) shall be taken to impose a duty on the Head, Transport for Victoria to make provision for or with respect to any matter in a service contract that is enforceable in a court or tribunal by any other person or body.

S. 27A inserted by No. 69/2007 s. 48.

27A Civil penalty provisions in operative service contracts

(1) In this section—

operative service contract means a service contract that—

(a) is in force on the day on which section 48 of the Transport Legislation Amendment Act 2007 comes into operation; or

(b) is entered into on or after the day on which section 48 of the Transport Legislation Amendment Act 2007 comes into operation.

(2) This section applies if—

(a) an operative service contract makes provision for or with respect to a penalty—

(i) for a breach of the contract; or

(ii) for a failure (not being a breach of contract) to meet a performance requirement specified in the contract; or

(iii) that is payable on the termination of the contract; and

(b) that provision is expressed under the operative service contract to be a civil penalty provision for the purposes of this Act.

(3) A person is liable to pay, as a debt due to the State, the amount as required by a civil penalty provision in an operative service contract despite anything to the contrary in a rule of, or principle at, common law.

28 Regions or routes of operation

(1) A service contract must specify a region or route of operation.

(2) A service contract operating on a specified route may confer on the holder of the contract the exclusive right, subject to this Part, to operate regular passenger services of the relevant kind on the specified route.

S. 28(3) amended by Nos 45/1999 s. 35(3), 47/2006 s. 36(Sch. 2 item 4), repealed by No. 69/2007 s. 49.

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(4) A service contract operating in a specified region may—

(a) confer on the holder of the contract the exclusive right, subject to this Part, to operate regular passenger services of the relevant kind in the specified region; or

(b) confer on the holder of the contract the exclusive right, subject to this Part, to operate regular passenger services of the relevant kind in the specified region except with respect to a specified route or routes.

(5) A service contract may provide for other matters relevant to the operation of passenger transport services within the specified region or on the specified route.

(6) A right conferred on the holder of a service contract—

(a) cannot affect or limit the ability of another person to operate, during the term of the contract, a service that is not a regular passenger service; and

(b) will be subject to any other qualifications applying generally to service contracts of that kind that may be prescribed by the regulations (or specified in the contract itself) during the term of the contract.

S. 29 amended by Nos 45/1999 s. 35(4), 47/2006 s. 36(Sch. 2 item 5), repealed by No. 69/2007 s. 50.

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Pt 3 Div. 3 (Heading) inserted by No. 69/2007 s. 51.

Division 3—Variation, suspension, cancellation of service contracts

30 Variation, suspension or cancellation of service contracts

S. 30(1) amended by Nos 45/1999 s. 35(5), 47/2006 s. 36(Sch. 2 item 6(a)), 69/2007 s. 52(1), 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.6).

(1) A service contract may, in accordance with the regulations or the service contract, be varied, suspended or cancelled by the Head, Transport for Victoria if the Head, Transport for Victoria is satisfied that—

(a) there has been a serious or frequent failure on the part of the holder of the contract to observe the terms and conditions of the contract; or

(b) the holder has been found guilty of an offence against this Act or the regulations committed during the term of the contract.

S. 30(2) amended by Nos 45/1999 s. 35(5), 47/2006 s. 36(Sch. 2 item 6(b)), substituted by No. 69/2007 s. 52(2), amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.6).

(2) If the service contract does not provide for any manner by which the Head, Transport for Victoria may vary, suspend or cancel the service contract, the Head, Transport for Victoria must—

(a) give a person referred to in subsection (1)(a) written notice of the intended action under that subsection; and

(b) allow that person to make written representations about that intended action within 10 working days before taking the intended action against that person.

(3) A service contract is automatically cancelled if the holder of the contract ceases to be an accredited person or ceases to be an accredited person of an appropriate kind.

S. 30(4) amended by Nos 45/1999 s. 35(5), 47/2006 s. 36(Sch. 2 item 6(c)), 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.6).

(4) Nothing in this Act prevents the Head, Transport for Victoria from making such arrangements as the Head, Transport for Victoria thinks fit for the provision, by an accredited person, of temporary services (for a period not exceeding 12 months) in place of a regular passenger service for the time being discontinued by a variation, suspension or cancellation of a service contract under this section.

S. 30(5) inserted by No. 49/2019 s. 186(Sch. 4 item 5.7).

(5) For the purpose of subsection 2(b), working day means any day which is not a holiday within the meaning of section 44(4) of the Interpretation of Legislation Act 1984.

Pt 3 Div. 4 (Heading and ss 30A–30Z) inserted by No. 69/2007 s. 53.

Division 4—New regular passenger services

Subdivision 1—Interpretation

S. 30A inserted by No. 69/2007 s. 53.

30A Definitions

In this Division—

affected exclusive region means an exclusive region within which there will be a part of a route of operation for a new regular passenger service (whether or not that route of operation will overlap with or cross a route of operation along which a regular passenger service is provided);

affected exclusive route of operation means an exclusive route of operation—

(a) that will overlap with a part of a route of operation for a new regular passenger service; or

(b) over which a part of a route of operation for a new regular passenger service will cross;

affected service contract holder means a person who holds a service contract under which the person provides a regular passenger service—

(a) along an affected exclusive route of operation; or

(b) within an affected exclusive region;

exclusive region means a region of operation specified in a service contract within which the holder of the service contract provides a regular passenger service on an exclusive basis;

exclusive right of operation means a right, conferred under a service contract, to provide a regular passenger service—

(a) along an exclusive route of operation; or

(b) within an exclusive region,

except to the extent that that right is modified by the service contract, or extinguished by the service contract or by force of operation of a provision of this Act;

exclusive route of operation means a route of operation specified in a service contract along which the holder of the service contract provides a regular passenger service on an exclusive basis;

materially affected, in relation to an affected exclusive route of operation or affected exclusive region, has the meaning given by section 30B(2);

materially affected service contract holder has the meaning given by section 30B;

stage 2 procurement process means the process provided for under section 30J.

S. 30B inserted by No. 69/2007 s. 53.

30B When is an affected service contract holder a materially affected service contract holder?

(1) An affected service contract holder is a materially affected service contract holder if—

(a) the affected service contract holder provides a regular passenger service—

(i) along an affected exclusive route of operation that will be materially affected; or

(ii) within an affected exclusive region that will be materially affected; or

(b) a determination under section 30C applies to that affected service contract holder.

(2) For the purposes of this section, an affected exclusive route of operation, or an affected exclusive region, will be materially affected if—

Xro > View image in the official source

where—

Xro is the relevant overlap (expressed as a percentage); and

N is the number of affected service contract holders.

(3) In subsection (2), relevant overlap means—

View image in the official source

where—

A is—

(a) in the case of an affected exclusive route of operation—that part, or the sum of the parts, of the affected exclusive route of operation, as measured in vehicle service kilometres, that will, when the new regular passenger service is provided, overlap with, or cross, any part of the route of operation for the new regular passenger service (as measured in vskms);

(b) in the case of an affected exclusive region—that part, or the sum of the parts, of the route of operation along which the new regular passenger service will be provided that will be within that affected exclusive region of operation, as measured in vskms, (whether or not that route of operation will overlap with or cross another route of operation);

B means the total length of the route of operation along which the new regular passenger service will be provided (as measured in vskms).

(4) In this section—

vehicle service kilometres or vskms means the length (measured in kilometres) of a route, or a part or a route, of operation for the provision of a regular passenger service multiplied by the number of times the regular passenger service is provided on that route in a day.

S. 30C inserted by No. 69/2007 s. 53, amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.8(a)).

30C Certain affected service contract holders may be materially affected service contract holders

On application by an affected service contract holder, the Head, Transport for Victoria may determine that that affected service contract holder is a materially affected service contract holder for the purposes of this Division if—

(a) the affected service contract holder provides a regular passenger service along an affected exclusive route of operation or within an affected exclusive region and that holder

would be a materially affected service contract holder under section 30B(1)(a) if, in section 30B(2) for—

"Xro > View image in the official source",

there were substituted—

"Xro > View image in the official source"; and

S. 30C(b) amended by Nos 61/2011 s. 25(Sch. 1 item 1.7), 49/2019 s. 186(Sch. 4 item 5.8(b)).

(b) the provision of a new regular passenger service will, in the Head, Transport for Victoria's opinion, have a significant adverse impact on the business of that affected service contract holder.

Subdivision 2—Stage 1 procurement process (affected service contract holders)

S. 30D inserted by No. 69/2007 s. 53.

30D Proposed new regular passenger services that will affect only one service contract holder

(1) This section applies if—

S. 30D(1)(a) amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.9).

(a) the Head, Transport for Victoria considers that a new regular passenger service should be provided; and

(b) there will be only one affected service contract holder when that regular passenger service is provided.

S. 30D(2) amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.9).

(2) The Head, Transport for Victoria must give the affected service contract holder the opportunity to negotiate exclusively with the Head, Transport for Victoria for the right to provide the new regular passenger service.

S. 30D(3) amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.9).

(3) If, after 28 days from commencing negotiations with the affected service contract holder, the Head, Transport for Victoria has not received from the affected service contract holder a written offer for the provision of the new regular passenger service by that contract holder setting out terms and conditions that the Head, Transport for Victoria considers are reasonable in light of—

(a) the nature and extent of that new regular passenger service; and

(b) the provisions of this Act and the regulations; and

(c) the circumstances of the case—

the exclusive right of operation of the affected service contract holder is, to the extent necessary to enable another person to provide the new regular passenger service, extinguished by force of this subsection when, as the case requires, a service contract or a variation of service contract for the provision of the new regular passenger service takes effect.

S. 30E inserted by No. 69/2007 s. 53.

30E Proposed new regular passenger service that will affect more than one existing service contract holder—Stage 1

(1) This section applies if—

S. 30E(1)(a) amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.10).

(a) the Head, Transport for Victoria considers that a new regular passenger service should be provided; and

(b) there will be more than one affected service contract holder when that regular passenger service is provided.

S. 30E(2) amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.10).

(2) The Head, Transport for Victoria must give each of the affected service contract holders an opportunity to negotiate with the Head, Transport for Victoria for the right to provide the new regular passenger service.

S. 30F inserted by No. 69/2007 s. 53.

30F Outcome of stage 1 of procurement process if an affected service contract holder is successful

S. 30F(1) amended by Nos. 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.11).

(1) This section applies if, following negotiations with each of the affected service contract holders in accordance with section 30E, the Head, Transport for Victoria and one or more of those affected service contract holders agree that the service contract holder or contract holders (as the case requires) (a successful party) may provide the new regular passenger service.

(2) The exclusive right of operation of every other affected service contract holder to provide a regular passenger service is, to the extent necessary to enable a successful party to provide the new regular passenger service, extinguished by force of this subsection when, as the case requires, the service contract or variation of service contract for the provision of the new regular passenger service takes effect.

S. 30G inserted by No. 69/2007 s. 53.

30G End of stage 1 process—No agreement (and there is no materially affected service contract holder)

(1) This section applies if—

S. 30G(1)(a) amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.12).

(a) after 28 days from commencing negotiations with each of the affected service contract holders in accordance with section 30E, the Head, Transport for Victoria is unable to agree on the terms and conditions for the provision of the new regular passenger service with any of the affected service contract holders; and

(b) none of the affected service contract holders is a materially affected service contract holder; and

S. 30G(1)(c) amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.12).

(c) the Head, Transport for Victoria is of the view that it is in the public interest that the new regular passenger service should be provided.

(2) The exclusive rights of operation of all of the affected service contract holders are, to the extent necessary to enable another person to provide the new regular passenger service, extinguished by force of this subsection when, as the case requires, a service contract or a variation of service contract for the provision of the new regular passenger service takes effect.

S. 30H inserted by No. 69/2007 s. 53.

30H End of stage 1 process—No agreement (and there is a materially affected service contract holder)

(1) This section applies if—

S. 30H(1)(a) amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.13).

(a) after 28 days from commencing negotiations with each of the affected service contract holders in accordance with section 30E, the Head, Transport for Victoria is unable to agree on the terms and conditions for the provision of the new regular passenger service with any of the affected service contract holders; and

(b) at least one of the affected service contract holders is a materially affected service contract holder.

S. 30H(2) amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.13).

(2) The Head, Transport for Victoria must take action under—

(a) section 30I if there is only one materially affected service contract holder;

(b) section 30J if there is more than one materially affected service contract holder.

Subdivision 3—Stage 2 procurement process (materially affected service contract holders)

S. 30I
inserted by No. 69/2007 s. 53.

30I Stage 2 procurement process—Only one materially affected service contract holder

S. 30I(1) amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.14).

(1) The Head, Transport for Victoria must give the materially affected service contract holder the opportunity to negotiate exclusively with the Head, Transport for Victoria for the right to provide the new regular passenger service.

S. 30I(2) amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.14).

(2) If, following negotiations with the materially affected service contract holder, the Head, Transport for Victoria and that contract holder agree that the contract holder may provide the new regular passenger service, the exclusive right of operation of every other affected service contract holder to provide a regular passenger service is, to the extent necessary to enable the materially affected service contract holder to provide the new regular passenger service, extinguished by force of this subsection when, as the case requires, the service contract or variation of service contract for the provision of the new regular passenger service takes effect.

S. 30I(3) amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.14).

(3) If, however, after 28 days from commencing negotiations with the materially affected service contract holder, the Head, Transport for Victoria has not received from the materially affected service contract holder a written offer for the provision of the new regular passenger service by that contract holder on terms and conditions that the Head, Transport for Victoria considers are reasonable in light of—

(a) the nature and extent of that new regular passenger service; and

(b) the provisions of this Act and the regulations; and

(c) the circumstances of the case—

the exclusive right of operation of the affected service contract holder is, to the extent necessary to enable another person to provide the new regular passenger service, extinguished by force of this subsection when, as the case requires, a service contract or a variation of service contract for the provision of the new regular passenger service takes effect.

S. 30J inserted by No. 69/2007 s. 53, amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.15).

30J Stage 2 procurement process—More than one materially affected service contract holder

The Head, Transport for Victoria must invite all materially affected service contract holders to participate in a process (to be determined by the Head, Transport for Victoria) for the procurement of the new regular passenger service.

S. 30K inserted by No. 69/2007 s. 53.

30K Outcome of stage 2 procurement process—More than one materially affected service contract holder

S. 30K(1) amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.16).

(1) Subsection (2) applies if, following the stage 2 procurement process, the Head, Transport for Victoria and one or more of the materially affected service contract holders agree that the service contract holder or contract holders (as the case requires) (a successful party) may provide the new regular passenger service.

(2) The exclusive right of operation of every other affected service contract holder to provide a regular passenger service is, to the extent necessary to enable a successful party to provide the new regular passenger service, extinguished by force of this subsection when, as the case requires, the service contract or variation of service contract for the provision of the new regular passenger service takes effect.

S. 30K(3) amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.16).

(3) If, however, following the stage 2 procurement process, the Public Head, Transport for Victoria—

(a) is unable to agree on the terms and conditions for the provision of the new regular passenger service with any of the materially affected service contract holders; and

(b) is of the view that it is in the public interest that the new regular passenger service should be provided—

the exclusive right of operation of every other affected service contract holder is, to the extent necessary to enable another person to provide the new regular passenger service, extinguished by force of this subsection when, as the case requires, a service contract or a variation of service contract for the provision of the new regular passenger service takes effect.

Division 5—Transfer of property used in provision of regular passenger services

S. 30L inserted by No. 69/2007 s. 53.

30L Definitions

In this Division—

associated operator means a person specified in a primary contract—

(a) as an associated operator; and

(b) as a person to whom this Division applies;

S. 30L def. of former property amended by Nos 61/2011 s. 25(Sch. 1 item 1.8(a)), 49/2019 s. 186(Sch. 4 item 5.17(a)).

former property means relevant property that, under this Division, has vested in the Head, Transport for Victoria or another person in accordance with an allocation statement;

former transferor instrument means an instrument or an oral agreement subsisting immediately before the relevant date—

(a) to which the transferor was a party; or

(b) that was given to, or in favour of, the transferor; or

(c) that refers to the transferor; or

(d) under which—

(i) money is, or may become, payable to or by the transferor; or

(ii) other property is to be, or may become liable to be, transferred to or by the transferor;

primary contract means a service contract referred to in section 30M(1) (as amended from time to time);

property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;

S. 30L def. of related contract substituted by No. 61/2011 s. 25(Sch. 1 item 1.8(b)), amended by No. 49/2019 s. 186(Sch. 4 item 5.17(b)).

related contract means a contract between the holder of the primary contract, or an associated operator, and the Head, Transport for Victoria in accordance with the primary contract, and if such contract is amended, that contract as amended;

S. 30L def. of related deed amended by Nos 61/2011 s. 25(Sch. 1 item 1.8(c)), 49/2019 s. 186(Sch. 4 item 5.17(c)).

related deed means a deed—

(a) known as an option deed under a primary contract; and

(b) between the holder of the primary contract, or an associated operator, and the Head, Transport for Victoria in accordance with the primary contract—

and if the deed is amended, that deed as amended;

relevant property means property of a holder of a service contract, or an associated operator, which, under a primary contract, the parties to that contract agree is relevant property for the purposes of this Division;

relevant date, in relation to an allocation statement under section 30N or relevant property allocated under such a statement, means the date, or the date and time, fixed by the Minister under section 30N(5) for the purposes of that statement;

rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective;

transferee means a person to whom relevant property is allocated under an allocation statement under section 30N;

transferor means the holder of a service contract, or an associated operator, from which relevant property is transferred under an allocation statement under section 30N.

S. 30M inserted by No. 69/2007 s. 53.

30M Property of certain holders of service contracts and associated operators

(1) This section applies if—

S. 30M(1)(a) amended by Nos 61/2011 s. 25(Sch. 1 item 1.9), 49/2019 s. 186(Sch. 4 item 5.18).

(a) a provision of a service contract provides for the transfer of relevant property of the holder of that contract, or an associated operator, to the Head, Transport for Victoria or any other person (whether in accordance with that service contract or a related contract or a related deed) in circumstances specified in that contract; and

(b) that provision is expressed to be a transfer provision for the purposes of this Division.

S. 30M(2) amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.18).

(2) The Head, Transport for Victoria may give to the Minister, at a time, or within a period, determined under the primary contract, a statement or statements to be approved by the Minister relating to any or all of the relevant property.

S. 30N inserted by No. 69/2007 s. 53.

30N Allocation statement

(1) A statement under section 30M—

S. 30N(1)(a) amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.19(a)).

(a) must allocate relevant property to or between the State and such persons as the Head, Transport for Victoria nominates in writing; and

S. 30N(1)(b) amended by Nos 61/2011 s. 25(Sch. 1 item 1.10), 49/2019 s. 186(Sch. 4 item 5.19(b)).

(b) must be signed by the Head, Transport for Victoria.

(2) If a statement under this section is approved by the Minister—

(a) the Minister must sign the statement; and

(b) the statement is an allocation statement for the purposes of this Division.

S. 30N(3) amended by No. 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.19(a)).

(3) The Minister may at any time direct the Head, Transport for Victoria to amend a statement given under this section as specified in the direction.

(4) An allocation statement under this section may be amended in writing signed by the Minister.

(5) The Minister, by notice published in the Government Gazette, may fix the relevant date for the purposes of an allocation statement under this section.

(6) In this section, statement and allocation statement include a statement or allocation statement amended in accordance with this section.

S. 30O inserted by No. 69/2007 s. 53.

30O Relevant property transferred in accordance with statement

On the relevant date, the relevant property that is allocated under an allocation statement under section 30N vests in the State or another person in accordance with the statement.[1]

S. 30P inserted by No. 69/2007 s. 53.

30P Allocation of relevant property subject to encumbrances

Unless an allocation statement under section 30N otherwise provides if, under this Division, relevant property vests in a transferee under section 30O, the relevant property so vested is subject to the encumbrances (if any) to which it was subject immediately before so vesting.

S. 30Q (Heading) amended by Nos 61/2011 s. 25(Sch. 1 item 1.11(a)), 49/2019 s. 186(Sch. 4 item 5.20).

S. 30Q inserted by No. 69/2007 s. 53.

30Q Certificate signed by the Head, Transport for Victoria

S. 30Q(1) amended by Nos 61/2011 s. 25(Sch. 1 item 1.11(b)), 49/2019 s. 186(Sch. 4 item 5.21(a)).

(1) A certificate signed by the Head, Transport for Victoria certifying that property of the transferor specified in the certificate has been allocated under an allocation statement in accordance with section 30N is, unless revoked under subsection (2), conclusive evidence that the property—

(a) has been so allocated; and

(b) vested in the transferee on the relevant date.

S. 30Q(2) amended by Nos 61/2011 s. 25(Sch. 1 item 1.11(c)(d)), 49/2019 s. 186(Sch. 4 item 5.21).

(2) If the Minister so directs the Head, Transport for Victoria in writing, the Head, Transport for Victoria must revoke a certificate given under subsection (1) by issuing another certificate in place of the first certificate.

S. 30Q(3) amended by Nos 61/2011 s. 25(Sch. 1 item 1.11(e)), 49/2019 s. 186(Sch. 4 item 5.21(b)).

(3) The Head, Transport for Victoria—

(a) must keep a register of certificates issued under this section; and

(b) must make the register reasonably available for inspection by a transferee or other interested person.

S. 30R inserted by No. 69/2007 s. 53, amended by Nos 61/2011 s. 25(Sch. 1 item 1.12), 49/2019 s. 186(Sch. 4 item 5.22).

30R Consideration for transferred property

The consideration payable to the transferor by the Head, Transport for Victoria or a transferee on behalf of the Head, Transport for Victoria in respect of relevant property that is allocated under an allocation statement is the amount determined in accordance with—

(a) the primary contract; and

(b) a related contract.

S. 30S inserted by No. 69/2007 s. 53.

30S Former transferor instruments and agreements

(1) Each former transferor instrument relating to former property continues to have effect according to its tenor on and after the relevant date in relation to that property as if a reference in the instrument to the transferor were a reference to the transferee.

(2) Where, under an allocation statement, a transferor's interest in an agreement vests in a transferee under section 30O—

(a) the transferee becomes, on the relevant date, a party to the agreement in place of the transferor; and

(b) on and after the relevant date, the agreement has effect as if the transferee had always been a party to the agreement.

S. 30T inserted by No. 69/2007 s. 53.

30T Interests in land

Without prejudice to the generality of this Division if, immediately before the relevant date, a transferor is, in relation to former property, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after that date—

(a) the transferee is to be taken to be the registered proprietor of that interest in land; and

(b) the transferee has the same rights and remedies in respect of that interest as the transferor had.

S. 30U inserted by No. 69/2007 s. 53, amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.23).

30U Amendment of Register

The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument and certificate of the Head, Transport for Victoria referred to in section 30Q, must make any amendments in the Register that are necessary because of the operation of this Division.

S. 30V inserted by No. 69/2007 s. 53.

30V Proceedings

Unless an allocation statement otherwise provides, if, immediately before the relevant date, proceedings relating to former property (including arbitration proceedings) to which a transferor was a party were pending or existing in any court or tribunal, then, on and after that date, the transferee is substituted for the transferor as a party to the proceedings and has the same rights in the proceedings as the transferor had.

S. 30W inserted by No. 69/2007 s. 53.

30W Taxes

Duty and any other tax chargeable under an Act is payable in respect of the vesting of relevant property under this Division as if the vesting were effected by an instrument.

S. 30X inserted by No. 69/2007 s. 53.

30X Evidence

Documentary or other evidence that would have been admissible for or against the interests of a transferor in relation to former property if this Division had not been enacted is admissible for or against the interests of the transferee.

S. 30Y inserted by No. 69/2007 s. 53.

30Y Validity of things done under this Division

(1) Nothing effected or to be effected by this Division or done or suffered under this Division—

(a) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any person guilty of a civil wrong; or

(b) is to be regarded as placing any person in breach of, or as constituting a default under, any Act or other law or obligation or any provision in any agreement, arrangement or understanding including, but not limited to, any provision or obligation prohibiting, restricting or regulating the assignment, transfer, sale or disposal of any property or the disclosure of any information; or

(c) is to be regarded as fulfilling any condition that allows a person to exercise a power, right or remedy in respect of or to terminate any agreement or obligation; or

(d) is to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a change in the beneficial or legal ownership of any relevant property; or

(e) is to be regarded as causing any contract or instrument to be void or otherwise unenforceable; or

(f) is to be regarded as frustrating any contract; or

(g) releases any surety or other obligor wholly or in part from any obligation.

(2) In this section Act does not include the Charter of Human Rights and Responsibilities.

S. 30Z inserted by No. 69/2007 s. 53.

30Z Corporations Act displacement

The provisions of this Division are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act in relation to the provisions of Chapter 5 of that Act.

Note

Section 5G of the Corporations Act provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency.

Part 4—Miscellaneous

S. 31 amended by No. 52/1998
s. 311(Sch. 1 item 80.2), repealed by No. 34/2003 s. 20(b).

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S. 32 amended by Nos 28/1996 s. 16(3), 106/1997
s. 31(2)(3), 52/1998
s. 311(Sch. 1 item 80.3) (as amended by No. 101/1998
s. 22(1)(l)), repealed by No. 34/2003 s. 20(b).

---

S. 33 amended by No. 106/1997 s. 31(4), repealed by No. 34/2003 s. 20(b).

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34 Fees

S. 34(1) amended by Nos 9/2006 s. 147(1), 47/2006 s. 36(Sch. 2 item 7(a)), 61/2011 s. 25(Sch. 1 item 1.13), 49/2019 s. 186(Sch. 4 item 5.24), 34/2023 s. 127(Sch. 1 item 2.1(a)).

(1) For the purposes of this Act, the Head, Transport for Victoria or Safe Transport Victoria may demand, levy and recover fees in accordance with this section.

S. 34(2) amended by Nos 9/2006 s. 147(2), 47/2006 s. 36(Sch. 2 item 7(b)), 61/2011 s. 25(Sch. 1 item 1.13), 49/2019 s. 186(Sch. 4 item 5.24), 34/2023 s. 127(Sch. 1 item 2.1(b)).

(2) If the Head, Transport for Victoria or Safe Transport Victoria supplies any service under this Act, there may be charged a fee determined by the Head, Transport for Victoria or Safe Transport Victoria (as the case requires) with the approval of the Minister (not exceeding the prescribed amount, if any).

S. 34(3) amended by Nos 9/2006 s. 147(1), 47/2006 s. 36(Sch. 2 item 7(c)), 61/2011 s. 25(Sch. 1 item 1.13), 49/2019 s. 186(Sch. 4 item 5.24), 34/2023 s. 127(Sch. 1 item 2.1(a)).

(3) The Head, Transport for Victoria or Safe Transport Victoria must cause a copy of a determination under subsection (2) to be published in the Government Gazette.

(4) The section does not affect the operation of a provision of this Act or the regulations relating to fees to which this section applies.

S. 34(5) amended by Nos 9/2006 s. 147(3), 47/2006 s. 36(Sch. 2 item 7(d)), 61/2011 s. 25(Sch. 1 item 1.13), 49/2019 s. 186(Sch. 4 item 5.24), 34/2023 s. 127(Sch. 1 item 2.1(a)).

(5) A fee levied under this section must be paid to the Head, Transport for Victoria or Safe Transport Victoria (as the case requires) by the person at whose request the service is supplied.

S. 34(6) amended by Nos 9/2006 s. 147(3), 47/2006 s. 36(Sch. 2 item 7(e)), 61/2011 s. 25(Sch. 1 item 1.13), 49/2019 s. 186(Sch. 4 item 5.24), 34/2023 s. 127(Sch. 1 item 2.1(a)).

(6) A fee due to the Head, Transport for Victoria or Safe Transport Victoria (as the case requires) under this section may be recovered as a debt in a court of competent jurisdiction.

(7) If the fee is not paid within 30 days after the date that it was required to be paid, the amount payable includes an additional amount by way of interest on the fee due at the rate for the time being fixed under section 2 of the Penalty Interest Rates Act 1983.

S. 35 amended by Nos 28/1996
s. 14, 45/1999 s. 35(6), 9/2006 s. 148, 47/2006 s. 36(Sch. 2 item 8), repealed by No. 61/2011 s. 25(Sch. 1 item 1.14).

---

36 No compensation payable

S. 36(1) amended by No. 9/2006 s. 149(1), repealed by No. 47/2006 s. 35(2).

---

S. 36(1A) inserted by No. 45/1999 s. 36, amended by Nos 61/2011 s. 25(Sch. 1 item 1.15), 49/2019 s. 186(Sch. 4 item 5.25).

(1A) No compensation is payable to any person in respect of or as a consequence of any decision of the Head, Transport for Victoria under this Act—

(a) to enter into or not to enter into a service contract with any person;

(b) not to renew a service contract;

S. 36(1A)(ba) inserted by No. 47/2006 s. 35(3).

(ba) to prohibit a person from driving a vehicle;

(c) to vary, suspend or cancel a service contract.

S. 36(1B) inserted by No. 9/2006 s. 149(2), repealed by No. 13/2009 s. 82(4) (as amended by No. 19/2010 s. 62).

---

S. 36(2) repealed by No. 13/2009 s. 82(4) (as amended by No. 19/2010 s. 62).

---

S. 37 amended by No. 45/1999 s. 37 (ILA s. 39B(1)).

37 Supreme Court—limitation of jurisdiction

(1) It is the intention of this section to alter or vary section 85 of the Constitution Act 1975 to the extent necessary to prevent the Supreme Court awarding compensation in respect of or as a consequence of any decision referred to in section 36(1) or any matter referred to in section 36(2) or entertaining proceedings referred to in section 36(2).

S. 37(2) inserted by No. 45/1999 s. 37.

(2) It is the intention of section 36(1A) to alter or vary section 85 of the Constitution Act 1975.

38 Regulations

(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

S. 38(1A) inserted by No. 13/2009 s. 82(5) (as amended by No. 19/2010 s. 66).

(1A) Without limiting the generality of subsection (1), regulations may be made under this Act for or with respect to—

(a) service standards or other requirements, restrictions or conditions which are to apply in the provision of bus services;

(b) prescribing a class of bus service to be a regular passenger service;

(c) prescribing a class of bus service not to be a regular passenger service;

(d) regulating the standards relating to the maintenance of buses, including in relation to safety equipment or devices to be installed on buses;

(e) regulating or requiring the examination, testing, maintenance or repair of buses, or equipment in, or on, a bus;

(f) imposing duties on drivers.

S. 38(1B) inserted by No. 13/2009 s. 82(5) (as amended by No. 19/2010 s. 66).

(1B) For the purposes of this section, service standards or other requirements, restrictions or conditions includes any matter relating to—

(a) the condition of a bus and the equipment to be installed in, or objects to be attached to, a bus;

(b) the conduct, powers and obligations of the driver of a bus;

(c) ticketing, fares and timetables;

(d) the operation of a bus for a particular purpose.

(2) A power conferred by this Act to make regulations may be exercised—

(a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified case or class of case; and

(b) so as to make, as respects the cases in relation to which the power is exercised—

(i) the same provision for all cases in relation to which the power is exercised, or different provisions for different cases or classes of case, or different provisions for the same case or class of case for different purposes; or

(ii) any such provision either unconditionally or subject to any specified condition.

(3) Regulations made under this Act may be made—

(a) so as to apply—

(i) at all times or at a specified time; or

(ii) throughout the whole of the State or in a specified part of the State; or

(iii) as specified in both subparagraphs (i) and (ii); and

(b) so as to require a matter affected by the regulations to be—

(i) in accordance with a specified standard or specified requirement; or

(ii) approved by or to the satisfaction of a specified person or a specified class of person; or

(iii) as specified in both subparagraphs (i) and (ii); and

(c) so as to apply, adopt or incorporate any matter contained in any document whatsoever whether—

(i) wholly or partially or as amended by the regulations; or

(ii) as in force at a particular time or as in force from time to time; and

(d) so as to confer a discretionary authority or impose a duty on a specified person or a specified class of person; and

(e) so as to provide in a specified case or class of case for the exemption of people or things or a class of people or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified; and

(f) so as to impose a penalty not exceeding 20 penalty units for a contravention of the regulations.

S. 38A inserted by No. 19/2010 s. 71.

38A Extension of operation of Regulations

(1) Unless sooner revoked, the Public Transport Competition Regulations 1999 are revoked on 31 December 2010.

(2) Section 5 of the Subordinate Legislation Act 1994 does not apply to the Public Transport Competition Regulations 1999.

(3) This section applies despite anything to the contrary in the Subordinate Legislation (Public Transport Competition Regulations 1999 - Extension of Operation) Regulations 2009.

S. 39 amended by Nos 106/1997 s. 32(a)(b), 6/1999 s. 6, repealed by No. 13/2009 s. 82(6).

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New s. 40 inserted by No. 106/1997 s. 33, amended by No. 6/1999 s. 7, repealed by No. 13/2009 s. 82(6).

---

Pt 5 (Heading and ss 40–48) repealed by No. 28/1996 s. 15.

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Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 11 May 1995

Legislative Council: 3 October 1995

The long title for the Bill for this Act was "A Bill to improve the operation of road-based public transport by providing for the accreditation of operators and implementing a system of service contracts for certain types of transport service, to amend the Transport Act 1983 and for other purposes.".

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 11 May 1995

Legislative Council: 3 October 1995

Absolute majorities:

Legislative Assembly: 5 September 1995

Legislative Council: 10 October 1995

The Public Transport Competition Act 1995 was assented to on 17 October 1995 and came into operation as follows:

Part 1 (sections 1–4) on 17 October 1995: section 2(1); sections 40–42,
45–48 on 23 November 1995: Government Gazette 23 November 1995 page 3234; rest of Act on 17 April 1996: section 2(3).

The title of this Act was changed from the Public Transport Competition Act 1995 to the Bus Services Act 1995 by section 83(1) of the Bus Safety Act 2009, No. 13/2009.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Bus Services Act 1995 by Acts and subordinate instruments.

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Transport (Rail Safety) Act 1996, No. 28/1996

Transport Acts (Amendment) Act 1997, No. 106/1997

Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998 (as amended by No. 101/1998)

Transport Acts (Further Amendment) Act 1999, No. 6/1999

Rail Corporations and Transport Acts (Amendment) Act 1999, No. 45/1999

Essential Services Commission Act 2001, No. 62/2001

Transport (Miscellaneous Amendments) Act 2003, No. 34/2003

Transport Legislation (Miscellaneous Amendments) Act 2004, No. 49/2004

Transport Legislation (Further Miscellaneous Amendments) Act 2005, No. 95/2005

Rail Safety Act 2006, No. 9/2006

Transport Legislation (Further Amendment) Act 2006, No. 47/2006

Transport Legislation Amendment Act 2007, No. 69/2007

Fair Trading and Consumer Acts Further Amendment Act 2008, No. 2/2008

Bus Safety Act 2009, No. 13/2009 (as amended by No. 19/2010)

Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009

Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010)

Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010, No. 19/2010

Transport Legislation Amendment (Public Transport Safety) Act 2011, No. 49/2011

Transport Legislation Amendment (Public Transport Development Authority) Act 2011, No. 61/2011

Statute Law Revision Act 2013, No. 70/2013

Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017, No. 3/2017

Transport Legislation Amendment Act 2019, No. 49/2019

Transport Legislation Amendment Act 2023, No. 34/2023

Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025, No. 25/2025

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3 Explanatory details

1. S. 30O: The amendment proposed by section 25(Schedule 1 item 1.9) of the Transport Legislation Amendment (Public Transport Development Authority) Act 2011, No. 61/2011 is not included in this publication due to an incorrect reference to section 30O(1)(a).

Schedule 1 item 1.9 reads as follows:

1 Bus Services Act 1995

1.9 In sections 30M(1)(a) and 30O(1)(a) for "State" substitute "Public Transport Development Authority". ↑