39BStep-in arrangements for existing bus service contracts

39B Step-in arrangements for existing bus service contracts

39B Step-in arrangements for existing bus service contracts

(1) The Director-General may, by notice published in the Gazette, implement the step-in arrangements specified in the notice if of the opinion that it is necessary to do so to maintain regular bus services provided under an existing bus service contract.

(2) The Director-General may take action under subclause (1)—

(a) on or before the expiry of an existing bus service contract, or

(b) on or before termination of an existing bus service contract by the Director-General (other than under this Part), or

(c) not later than 60 days after notice of termination, or termination without notice, of an existing bus service contract by an existing service provider, or

(d) in such other circumstances as may be prescribed by the regulations.

(3) The Director-General may, with the approval of the Minister under clause 39A, also take action under subclause (1) if an existing service provider fails to comply with a service breach notice, whether or not the existing bus service contract concerned has been terminated or has expired.

(4) The step-in arrangements take effect on the day the notice is published in the Gazette, or on such later day as may be specified in the notice.

(5) Step-in arrangements implemented under subclause (2) may not take effect before the expiry or termination of the contract concerned.

(6) The step-in arrangements may do any one or more of the following—

(a) provide for the appointment of the Director-General, or a person nominated by the Director-General, (the step-in party) to exercise functions of the existing service provider that are or were conferred under the existing bus service contract,

(b) authorise the step-in party to take possession of, and use, buses or premises or other assets used or required by the existing service provider to provide the regular bus services concerned,

(c) require the existing service provider or any other person to take such steps as are necessary in the opinion of the Director-General to make buses, premises or other assets referred to in paragraph (b) available to the step-in party,