39AService breaches

#### 39A Service breaches 39A Service breaches > > (1) The Director-General may, by notice in writing given to an existing service provider (in this Part called a service breach notice), require the existing service provider to take the action specified in the notice within the period specified in the notice. > > > (2) The Director-General may give a service breach notice if— > > > > > (a) the Director-General is of the opinion that a regular bus service contract of the existing service provider is, or is likely to be, for a period longer than 24 hours— > > > > > > > (i) interrupted, disrupted or not delivered, or > > > > > > > (ii) not provided to a reasonable standard to meet community needs, or > > > > > (b) in such other circumstances as may be provided by the regulations. > > > (3) The notice may require the action to be taken immediately if the Director-General is of the opinion that it is necessary to do so having regard to the urgency of the circumstances. > > > (4) If the existing service provider fails to comply with a service breach notice within the period specified in the notice, the Director-General may apply to the Minister for approval to take one or both of the following actions— > > > > > (a) terminate the existing bus service contract on the ground of failure to comply with the notice, > > > > > (b) implement step-in arrangements under clause 39B (3). > > > (5) The Minister may approve or refuse the application. > > > (6) If the Minister approves the application, the Director-General may take the action approved by the Minister. Termination of a contract is to be by notice in writing given to the existing service provider. > > > (7) The Director-General may give more than one service breach notice under this clause in relation to the same contract. > > > (8) Nothing in this clause limits any other action that may be taken by the Director-General or any other person in relation to an existing bus service contract, including any other power to terminate the contract concerned or to exercise any function under clause 39B (2) on the expiry or termination of the contract.