Part 5ASpecial passenger services for events

Part 5A—Special passenger services for events 44A—Interpretation In this Part— commercial event means any event other than a community event; community event means an event— (a) that is open to the whole or a part of the community; and (b) at which attendance is free (whether a fee is charged to participate in the event or not); and (c) that is run on a not‑for‑profit basis; Department means the administrative unit of the Public Service that is, under the Minister, responsible for the administration of this Act; event means an event held after the commencement of this Part at a venue in Metropolitan Adelaide; manager of a venue means— (a) the prescribed person or body for the venue; or (b) if no such person or body is prescribed—the person or body which has the control and management of the venue; organiser of an event means the person or body primarily responsible for organising the event; special passenger service means an alteration of an existing regular passenger service, whether— (a) by adding to, supplementing, replacing, delaying or diverting an existing regular passenger service; or (b) by waiving or reducing fares (or substituting some other form of consideration) for such a service; or (c) by any other means. 44B—Notification of event (1) If— (a) the manager of a venue at which an event is to be held— (i) expects at least 5 000 people to attend the venue during the period of the event; or (ii) requires a special passenger service, or is of the opinion that a special passenger service may be required, for the purposes of the event (including during any period necessary to set up or prepare for the event or to pack up or clean up after the event); or (b) there are reasonable grounds to expect that a special passenger service will be required for the purposes of the event (including during any period necessary to set up or prepare for the event or to pack up or clean up after the event), the manager must (subject to subsection (2)) notify the Minister of the event— (c) if the date on which, or the period during which, the event is to be held is set or known by the manager at least 6 months before the event is to be held—at least 6 months before the relevant date or period; or (d) in any other case—as soon as practicable after the date on which, or the period during which, the event is to be held is set or known by the manager. (2) If the date on which, or the period during which, an event contemplated by subsection (1)(a) or (b) is to be held is known by the manager on the commencement of this section, the manager must notify the Minister of the event as soon as reasonably practicable after the commencement of this section. (3) Notification under subsection (1) or (2) may instead be given by the organiser of the event if the manager of the venue so agrees. (4) The notification of the event must— (a) be in writing in a form approved by the Minister; and (b) contain the information about the event and any other details required by the Minister. (5) For the purposes of this section, a copy of the approved notification form, together with information or details required by the Minister, may be published on the Department's website. 44C—Planning for passenger transport services for events (1) After receiving notification of an event under this Part, the Minister may require the manager of the venue at which the event is to be held and the organiser of the event to consult with the Minister for the purposes of determining whether a special passenger service should be provided in relation to the event. (2) The manager or the organiser must provide any additional information or details required by the Minister in connection with subsection (1). (3) When making a determination under subsection (1), the Minister must consider the following matters: (a) the likely effect of the event on existing regular passenger services; (b) the benefit to members of the public of South Australia (including those attending the event) from the provision of a special passenger service in relation to the event; (c) the cost of providing such a service; (d) any other matter that the Minister thinks relevant. (4) If— (a) the Minister determines that a special passenger service should be provided in relation to an event; and (b) the event is a commercial event, the Minister may, after consulting with the manager of the venue and the organiser of the event, determine a fee (whether of a specified amount or an amount fixed in accordance with a specified formula) to be paid to the Minister for provision of the service. (5) A fee determined under this section must be paid by the manager of the venue within the time specified by the Minister, and any fee or part of a fee not paid within that time may be recovered by the Minister as a debt. (6) The Minister may waive or reduce a fee payable under this section if the Minister considers it appropriate in the circumstances to do so. 44D—Power of Minister to charge fee in certain circumstances (1) This section applies where the Minister— (a) has not been notified of an event that is a commercial event; or (b) has been so notified but the manager of the venue at which the event is to be held has not consulted as required by the Minister under section 44C, and the Minister determines (on the basis of subsection (3) of that section) that a special passenger service should be provided in relation to the event. (2) The Minister may, by notice in writing served on the manager of the venue, require the manager to pay, within the time specified in the notice, the fee for providing the service as determined by the Minister and specified in the notice. (3) The Minister may recover as a debt from the manager the whole or any part of a fee required to be paid under subsection (2). 44E—Recovery of costs by venue managers not prevented Nothing in this Part prevents the manager of a venue at which an event in relation to which a special passenger service is provided from recovering, in the ordinary course of commerce, from the organiser of the event any costs for which the manager may be liable under this Part.