65Prevention of proceedings concerning transitways

#### 65 Prevention of proceedings concerning transitways 65 Prevention of proceedings concerning transitways > > (1) No compensation is payable to or by any person for loss or damage arising directly or indirectly from— > > > > > (a) the entry of parties, under and in accordance with Part 3, into a service contract for a transitway service, or > > > > > (b) the determination or variation, under and in accordance with Subdivision 3 of Division 3 of Part 3, of a transitway route, or > > > > > (c) the determination, under and in accordance with Subdivision 3 of Division 3 of Part 3, of an emergency route, or > > > > > (d) the use, by a person authorised under section 28H to do so, of an emergency route for the operation of a transitway service, or > > > > > (e) the variation of a region or route, or the extinguishment or compromise of a right, by the operation of section 28I, or > > > > > (f) the exercise, under and in accordance with this Act or the [Transport Administration Act 1988](/view/html/inforce/current/act-1988-109), of any function of TfNSW concerning transitway routes, emergency routes or transitway services, > > > > 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)–(d) or (f), or of obtaining compensation in respect of any such loss or damage, may be instituted or maintained. > > > (2) Without limiting the generality of subsection (1), no compensation is payable by or on behalf of the Crown for the introduction of transitway services. > > > (3) For the purposes of subsection (2), compensation for the introduction of transitway services includes— > > > > > (a) compensation because of the enactment or operation of the amendments made to this Act by the [Passenger Transport Amendment (Transitways) Act 2001](/view/html/repealed/current/act-2001-055), or for any consequence of that enactment or operation, and 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 transitway services. > > > (4) This section applies to or in respect of any act, statement or conduct whether occurring before or after the commencement of this section. > > > (5) In this section— > > > > compensation includes damages or any other form of monetary compensation. > > > > conduct includes a representation of any kind— > > > > > (a) whether made verbally or in writing, and > > > > > (b) whether negligent, false, misleading or otherwise. > > > > the Crown means the Crown within the meaning of the [Crown Proceedings Act 1988](/view/html/inforce/current/act-1988-070), and includes TfNSW and any officer of the Ministry of Transport. > > > (6) Nothing in this section affects a right conferred by a service contract for a transitway service. > > > (7) This section has effect despite any provision of this or any other Act. > > **s 65:** Rep 1999 No 85, Sch 4. Ins 2001 No 55, Sch 1 \[13\]. Am 2004 No 54, Sch 1 \[24\] \[25\].