3Definitions

#### 3 Definitions 3 Definitions > > (1) In this Act— > > > > accredited service operator, in relation to a public passenger service, means a person accredited under Division 1 of Part 2 for a service of that kind (or for services that include such a service). > > > > authorised officer means an authorised officer appointed under section 46W or a police officer. > > > > Board of Inquiry means a Board of Inquiry constituted by the Minister under section 46BC. > > > > bus means a motor vehicle which seats more than 8 adult persons, and includes a vehicle of any class prescribed by the regulations for the purposes of this definition. > > > > bus safety work means any of the following classes of work— > > > > > (a) work relating to the driving or other operation of a bus, the loading or disembarking of passengers from a bus or the movement of buses, > > > > > (b) work relating to the repair, maintenance or upgrading of buses, bus terminals or bus maintenance facilities, > > > > > (c) work involving the development, management or monitoring of safe working systems for public passenger services carried on by means of buses, > > > > > (d) any other work that is prescribed by the regulations as bus safety work. > > > > bus service contract region means a region declared (and as varied from time to time) by TfNSW under section 28EA. > > > > charter service means a public passenger service in which a bus or ferry or another vehicle prescribed by the regulations, and the services of a driver of the vehicle, are pre-booked for hire to take passengers for an agreed fee, but only if, according to the terms of the hire— > > > > > (a) the hirer is entitled to determine the route for the journey and the time of travel, and > > > > > (b) all passengers’ journeys have a common origin or a common destination, or both, and > > > > > (c) individual fares are not payable by the passengers (either to the operator of the service or to the driver of the vehicle), and > > > > > (d) service is not provided according to regular routes and timetables. > > > > Chief Investigator means the Chief Investigator of the Office of Transport Safety Investigations appointed under section 45 of the [Transport Administration Act 1988](/view/html/inforce/current/act-1988-109). > > > > corporation means any incorporated body of the kind referred to in section 5A (1) (c). > > > > driver means a person who drives any public passenger vehicle (or, where the vehicle is a vessel, means the master for the time being of the vessel). > > > > emergency route means a route determined under section 28H. > > > > ferry means a vessel which seats more than 8 adult persons, and includes a vessel of any class prescribed by the regulations for the purposes of this definition. > > > > ferry safety work means any of the following classes of work— > > > > > (a) work relating to the driving or other operation of a ferry (including, but not limited to, the course, propulsion or berthing of a ferry), the loading or disembarking of passengers from a ferry or the movement of ferries, > > > > > (b) work relating to the repair, maintenance or upgrading of ferries, ferry terminals, ferry wharves or ferry maintenance facilities, > > > > > (c) work involving the development, management or monitoring of safe working systems for public passenger services carried on by means of ferries, > > > > > (d) any other work that is prescribed by the regulations as ferry safety work. > > > > ferry service contract—see section 16AA. > > > > holder, in relation to a service contract, means the person who (apart from TfNSW) is a party to the contract. > > > > long-distance service means a public passenger service conducted according to one or more regular routes, in which each passenger is carried for a distance of not less than 40 kilometres. > > > > passenger does not include the driver of a public passenger vehicle (or, where the vehicle is a vessel, the master or crew of the vessel). > > > > previous offender, in relation to the maximum penalty for an offence, means a person who has, at any time before being sentenced for that offence, been convicted of an offence of any kind against this Act or the regulations. > > > > public passenger service means the carriage of passengers for a fare or other consideration (other than a passenger service under the [Point to Point Transport (Taxis and Hire Vehicles) Act 2016](/view/html/inforce/current/act-2016-034))— > > > > > (a) by motor vehicle (other than a light rail vehicle) along a road or road related area, or along the whole or part of a transitway route, or > > > > > (b) by vessel within any New South Wales waterway. > > > > public passenger vehicle means— > > > > > (a) a bus used to provide a public passenger service, or > > > > > (b) a ferry used to provide a regular passenger service, or > > > > > (c) (Repealed) > > > > > (d) a vehicle declared by a regulation under section 6 to be a public passenger vehicle. > > > > rail passenger service means the carriage of passengers for a fare or other consideration by rail, but does not include any rail passenger service of a class prescribed for the purposes of this definition. > > > > rail services contract means a contract entered into under section 28K. > > > > railway has the same meaning as it has in the [Rail Safety National Law (NSW)](/view/html/inforce/current/act-2012-82a), but does not include a railway to which that Law does not apply. > > > > railway operations has the same meaning as it has in the [Rail Safety National Law (NSW)](/view/html/inforce/current/act-2012-82a), but does not include anything to which that Law does not apply. > > > > railway premises has the same meaning as in the Rail Safety National Law set out in the Schedule to the Rail Safety National Law (South Australia) Act 2012 of South Australia, but does not include any railway premises to which that Law does not apply. > > > > regular bus service means any regular passenger service conducted by bus (including any transitway service). > > > > regular ferry service means any regular passenger service conducted by ferry, but does not include any service of a class prescribed for the purposes of this definition. > > > > regular passenger service means a public passenger service conducted according to regular routes and timetables, but does not include a tourist service or a long-distance service. > > > > road means a road within the meaning of section 4 (1) of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018) (other than a road that is the subject of a declaration made under section 18 (1) (b) of that Act relating to all of the provisions of that Act). > > > > road related area means a road related area within the meaning of section 4 (1) of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018) (other than a road related area that is the subject of a declaration made under section 18 (1) (b) of that Act relating to all of the provisions of that Act). > > > > service contract means a contract entered into under Part 3. > > > > service levels means— > > > > > (a) the periods of time during which services are to be operated, and > > > > > (b) the frequency and extent of operation of services during any specified period of time. > > > > smartcard means an authority to travel on a passenger transport vehicle or train that is of a type prescribed by the regulations. > > > > smartcard reader means a device of a type prescribed by the regulations that is designed to enable the reading of information recorded on a smartcard. > > > > strategic transport corridor means a transport corridor declared (and as varied from time to time) by TfNSW under section 28EB. > > > > tourist service means a public passenger service provided by a bus or ferry or another vehicle prescribed by the regulations, being— > > > > > (a) a pre-booked service designed for the carriage of tourists to destinations listed on a publicly available tour itinerary, or > > > > > (b) a service designed for the carriage of tourists where all passengers’ journeys have a common origin or a common destination, or both. > > > > train has the same meaning as in the Rail Safety National Law set out in the Schedule to the Rail Safety National Law (South Australia) Act 2012 of South Australia, but does not include any train to which that Law does not apply. > > > > transitway route means a route determined (and as varied from time to time) under Subdivision 3 of Division 3 of Part 3, other than an emergency route. > > > > transitway service means a regular passenger service conducted by bus by means of a transitway route or emergency route, or one or more parts of any such route. > > > > Transport for NSW or TfNSW means Transport for NSW constituted under the [Transport Administration Act 1988](/view/html/inforce/current/act-1988-109). > > > > transport safety employee means— > > > > > (a) an employee or a contractor of an accredited service operator, or of an operator of a public passenger service carried on by means of a ferry, who performs transport safety work, or > > > > > (b) a person who, without remuneration or reward, voluntarily and without obligation performs transport safety work for an accredited service operator, or an operator of a public passenger service carried on by means of a ferry, or > > > > > (c) an individual who is an accredited service operator, or an operator of a public passenger service carried on by means of a ferry, and who performs transport safety work. > > > > transport safety inquiry has the same meaning that it has in section 46BC. > > > > transport safety investigation means an investigation under section 46BA. > > > > transport safety investigator means a transport safety investigator appointed under Schedule 6. > > > > transport safety work means bus safety work or ferry safety work, as the case requires. > > > > vehicle includes a vessel. > > > > Note. > > > > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act. > > > (1A) A reference in this Act to a train or to railway premises includes a reference to any vehicle being used by the operator of a rail passenger service for the carriage of passengers in connection with that service. > > > (2) Notes in the text of this Act do not form part of this Act. > > **s 3:** Am 1997 No 72, Sch 1 \[1\]–\[5\]; 1997 No 115, Sch 4.15 \[1\] \[2\]; 1999 No 19, Sch 2.29 \[1\] \[2\]; 2001 No 55, Sch 1 \[1\] \[2\]; 2003 No 65, Sch 3 \[1\]–\[3\]; 2004 No 54, Sch 1 \[1\]; 2005 No 11, Sch 3.28 \[1\] \[2\]; 2005 No 55, Sch 3 \[1\]–\[5\]; 2006 No 58, Sch 1.20 \[1\] \[2\]; 2006 No 77, Sch 1 \[1\]; 2006 No 84, Sch 2.12; 2008 No 98, Schs 2.1 \[1\], 4.1 \[1\]; 2009 No 118, Sch 1 \[1\]–\[3\]; 2010 No 31, Sch 7.4 \[1\]; 2011 No 41, Sch 5.31 \[2\] \[3\]; 2012 No 75, Sch 1 \[1\]–\[3\]; 2012 No 82, Sch 2.11 \[1\] \[2\]; 2013 No 19, Sch 4.57 \[1\]; 2016 No 34, Sch 6 \[1\]–\[3\]; 2020 No 30, Sch 4.59\[2\].