37Compensation for operation of this Part and the amending Act

#### 37 Compensation for operation of this Part and the amending Act 37 Compensation for operation of this Part and the amending Act > > (1) No compensation is payable to any person by or on behalf of the Crown for loss or damage arising directly or indirectly from— > > > > > (a) the entry of parties, under and in accordance with Part 3 of this Act, into a service contract for a regular bus service on or after the commencement day, or > > > > > (b) the declaration or variation, under and in accordance with this Part and Division 3 of Part 3 of this Act, of a bus service contract region or strategic transport corridor on or after the commencement day, or > > > > > (c) the termination of an existing commercial bus service contract by operation of this Part, or > > > > > (d) the variation of a region or route, or the extinguishment or compromise of a right or expectation, by the operation of this Part, or > > > > > (e) the giving of a service breach notice or the implementation of step-in arrangements, and any thing done or omitted to be done under or in connection with a service breach notice or step-in arrangements, > > > > and no proceedings for damages or other relief, whether grounded on the provisions of any contract or otherwise arising at law or in equity, for the purpose of restraining any action referred to in paragraphs (a)–(e), or of obtaining compensation in respect of any such loss or damage, may be instituted or maintained. > > > (2) Without limiting the generality of subclause (1), no compensation is payable by or on behalf of the Crown for the introduction of new regular bus services. > > > (3) For the purposes of subclause (2), compensation in respect of the introduction of new regular bus services includes— > > > > > (a) compensation because of the enactment or operation of the amendments made to this Act by the amending Act or the [Passenger Transport Amendment (Maintenance of Bus Services) Act 2005](/view/html/repealed/current/act-2005-061), or for any consequence of that enactment or operation, and > > > > > (b) compensation because of any statement or conduct relating to a matter referred to in paragraph (a) or to any aspect of regular bus services. > > > (4) This clause applies to or in respect of any act, statement or conduct whether occurring before or after the commencement of this clause. > > > (5) The protection against the liability to pay compensation afforded by this clause extends to any person exercising a function or engaging in conduct to which this clause applies at the request or direction of the Crown (whether under contract or otherwise), but does not extend to any of the following— > > > > > (a) the holder or former holder of a service contract (whether entered into before or after the commencement of this clause), and > > > > > (b) any person providing, or who provided, public passenger services to which such a service contract relates or related on behalf of, or instead of, the holder or former holder (whether under a subcontract or by other arrangement). > > > (6) In this clause— > > > > compensation includes damages or any other form of compensation (whether or not monetary). > > > > conduct includes— > > > > > (a) a representation of any kind— > > > > > > > (i) whether made verbally or in writing, and > > > > > > > (ii) whether negligent, false, misleading or otherwise, and > > > > > (b) an omission of any kind. > > > > the Crown means the Crown within the meaning of the [Crown Proceedings Act 1988](/view/html/inforce/current/act-1988-070) and includes— > > > > > (a) the Director-General, and > > > > > (b) any member of staff of a government Department. > > > (7) This clause has effect despite any provision of this or any other Act or any other law.