228HNature of the Operational Transportation Service Code

228H Nature of the Operational Transportation Service Code

228H Nature of the Operational Transportation Service Code

(1) The Operational Transportation Service Code (the Code) is—

(a) the initial Operational Transportation Service Code; or

(b) if the initial Operational Transportation Service Code is amended under section 228G—that Code as amended and as subsequently amended from time to time under that section.

(2) The Code is made under the Rules and specifies the content of, or requirements for the content of, a standard OTSA, including the transportation services that may be provided under a standard OTSA and the terms and conditions applicable to the use of those transportation services.

(3) The Code may deal with the following matters—

(a) the matters specified by the Rules;

(b) any other matter relevant to a standard OTSA that this Law or the Rules contemplates being dealt with in the Code.

(4) The Code may specify provisions or classes of provisions that—

(a) confer rights or impose obligations under a standard OTSA; and

(b) vary according to the persons, times, places or circumstances to which they are expressed to apply; and

(c) must be made by a transportation service provider in accordance with the Rules or Code and incorporated in a standard OTSA; and

(d) must not be included in a standard OTSA.

(5) The Code may contain provisions of a savings or transitional nature.

(6) The AER must not, without the consent of the MCE, make a provision in the Code that confers a right or function, or imposes an obligation, on the MCE or a Minister of a participating jurisdiction.

(7) The Code cannot—

(a) create an offence; or

(b) provide for a criminal or civil penalty.

s 228H: Ins 2018 No 23, sec 20.