Passenger Transport Act 2014

This section explains the statutory concepts the Act uses repeatedly and how they are defined or operationalised.

• Public passenger service. Defined broadly to mean transport for a fare by motor vehicle, vessel, aircraft, train or other vehicle prescribed by regulation within or partly within NSW (s 5(1)). Specific exclusions are listed: certain road-ferry services under Roads Act (s 5(4)), transport on land not on a road or road-related area (s 5(5)), and, subject to the Act, point-to-point taxi/hire services under the Point to Point Transport (Taxis and Hire Vehicles) Act 2016 (s 5(5A)). Community transport services are included as public passenger services (s 5(2); s 6).
• Accreditation and licences. An operator must be accredited to operate a public passenger service (s 15). Accreditation may be limited to specified services or characteristics (s 20(1)). Air transport on a regulated air route requires an air route licence; the Minister may declare regulated air routes (s 7(2)) and TfNSW grants, conditions and varies air route licences (ss 43-47, 51-52).
• Driver authorities. Drivers of motor vehicles used for certain services (buses, tourist and charter bus services and prescribed services) must hold driver authorities (s 55; s 57). The regulations determine types and classes (s 56). Minimum age and licence standards apply (s 59; s 60).
• Passenger service contracts. TfNSW (and Sydney Metro for metro services) may contract with accredited operators for provision of services (s 36; s 36B). Contracts must set terms including performance standards (s 36(8)). Regular timetabled services must be under passenger service contracts except where exemptions apply (s 39).
• Safety regime. Operators have statutory safety obligations. Bus operators must implement a documented safety management system identifying risks and controls (s 31). Both bus and ferry operators must prepare and implement drug and alcohol programs in line with TfNSW-approved guidelines; random testing may be arranged by TfNSW or the operator (s 29; s 173). The Chief Investigator may investigate safety incidents and produce reports (ss 133-137).
• Powers of entry, inspection and compulsion. Authorised officers and transport safety investigators have differing powers. Authorised officers appointed by TfNSW exercise powers set out in Part 2 of Schedule 1 and Part 9 (ss 152, 158; Schedule 1 cl 11 et seq.). Transport safety investigators hold investigation powers in Schedule 1 Part 1 (cll 2-10), including entry to special premises without consent for notifiable occurrences (Schedule 1 cl 2).
• Enforcement and remedies. The Act blends criminal offences with civil enforcement. It prescribes monetary penalty-unit maxima for offences (multiple provisions including ss 15, 16, 39, 57, 164A). Passenger service contracts may include civil penalty provisions enforceable as debts due to the State (s 38). Penalty notices are authorised for prescribed offences (s 166), and TfNSW may recover fees and charges as debts (s 174).
• Interaction with other laws. The Act cross-refers to existing transport safety regimes and other statutory frameworks: Rail Safety National Law (NSW) for rail matters (s 4 definitions; s 14 note), Marine Safety Act 1998 for ferry safety (s 14 note; s 173(6)), Law Enforcement (Powers and Responsibilities) Act 2002 for search-warrant procedures (Schedule 1 cl 10; Schedule 1 cl 24), and IPART and pricing legislation for fares (ss 123-125).

The Act combines licensing/procurement instruments with safety and investigatory powers. Conceptually, accreditation and passenger service contracts are the principal levers for controlling who operates services and under what commercial and safety conditions. Safety oversight is implemented through statutory safety-management requirements, drug-and-alcohol programs, investigation powers and mandatory reporting. Fares are regulated by a two-step approach where IPART can be asked to determine maximum fares and TfNSW makes fares orders that must comply with IPART determinations and methodologies (ss 123-125).

This Act assigns responsibilities and creates obligations that fall on a set of distinct actors. Below I identify those parties, what the Act makes them do or allows them to decide, and the direction of control or burden.

• Operators of public passenger services. Operators must be accredited to operate services that fall within Part 2 (s 15). Accreditation applicants include individuals, partnerships, and bodies corporate (s 17(1)). Accredited operators are subject to accreditation conditions (s 26), may be required to implement safety management systems (s 31), to run drug-and-alcohol programs (s 29 for buses; s 173 for ferries), to report notifiable occurrences (s 132), to provide safety reports on demand (s 131), and to comply with passenger service contract terms where applicable (s 36; s 159(2)). Operators who contravene accreditation conditions or Act/regulations risk variation, suspension or cancellation of accreditation (s 33).
• Drivers. Drivers of covered services (s 55) must hold a driver authority (s 57), meet age and licence thresholds (s 59; s 60), and comply with conditions attached to driver authorities (s 69). TfNSW may refuse, vary, suspend or cancel driver authorities for failure to meet standards, driver licence suspension or criminal proceedings being commenced (s 71).
• TfNSW. Central decision-maker and regulator. TfNSW receives and determines accreditation, driver authority and air route licence applications (ss 17, 43, 59). It sets accreditation and licence forms, imposes and varies conditions (ss 20, 21, 26, 51), arranges inspections (s 159), issues fares orders (s 125), administers subsidy and concession schemes (ss 129-130), and keeps records of regulatory actions (s 172). TfNSW appoints authorised officers (s 152) and may enter into information-sharing arrangements (s 170).
• Minister. The Minister can declare regulated air routes (s 7(2)), constitute Boards of Inquiry (s 140), refer fare matters to IPART (s 123), and direct compliance with Chief Investigator recommendations in respect of ferry services (s 151). The Minister is the addressee of Chief Investigator reports and must table them in Parliament (s 137; s 149).
• Chief Investigator and transport safety investigators. The Chief Investigator may investigate safety incidents affecting rail, bus and ferry services (s 133), request Boards of Inquiry (s 141), appoint transport safety investigators (s 146), and receive and manage safety information including confidential reporting schemes (s 150). Transport safety investigators exercise investigatory powers set out in Schedule 1.
• IPART. Receives Ministerial referrals to determine or recommend maximum fares and methodologies, and must consider specified matters (ss 123-124). TfNSW must follow IPART-determined maxima and methodologies when making fares orders (s 125(2)).
• Sydney Metro. Has similar contracting powers to TfNSW for metro services (s 36B) and is included in information-sharing arrangements (s 170).
• Passengers and the public. Subject to fares orders (s 125), ticketing and conditions of travel set by regulation (s 128), and exclusion rules (Schedule 2 power to regulate conduct, cl 2). Passengers are not counted as transport safety employees in the definition of passenger (s 5(6)).
• Other agencies and courts. The Act explicitly cross-references and constrains interaction with coronial, criminal and civil systems (ss 134, 139, 145). It allows information-sharing with SafeWork NSW, police and other prescribed agencies (s 170).
• Incumbent holders and close associates. The Act permits TfNSW to refuse accreditation where a close associate has had a cancelled accreditation or licence (s 19), and defines close associate in detail (s 13), which affects ownership, control and governance structures.

Who pays. Parties who carry costs include applicants (application fees prescribed by regulation, ss 17(3)(d), 43(4)(d), 59(3)(c)), operators who must implement safety systems and drug-and-alcohol programs (ss 29, 31, 173) and comply with inspections (s 159) and reporting (s 131, s 132). Where passenger service contracts exist, operators may be subject to civil penalties payable as debts to the State (s 38). TfNSW bears the administrative and investigatory cost burden and, in limited circumstances, compensatory liability for damage caused by authorised officers (Schedule 1 Part 3 cl 28; see also cl 28 liability provisions).

Who decides. TfNSW is the primary decision-maker for accreditations, driver authorities, air route licences and fares orders within the constraints the Act imposes (ss 17-18; ss 43-44; s 125). The Minister retains policy and inquiry powers (ss 7, 123, 140-141, 151). IPART decides or recommends on fares when referred (ss 123-124). The Chief Investigator decides investigatory scope and may recommend safety remedial action (ss 133-137).

What behaviour changes. The Act compels operators to move from an unregulated market posture to one in which statutory accreditation, contractual performance standards, documented safety management systems and drug-and-alcohol controls are prerequisites to operating regular services (ss 15, 31, 29, 39). Drivers must obtain statutory driver authorities and meet fit-and-proper and licence/age requirements (ss 59-61). Operators and drivers must cooperate with inspections and investigations and face criminal or civil sanction for non-compliance (ss 160-166). Procurement becomes the norm for regular timetabled services (s 36; s 39), potentially replacing less formal or parallel service provision models.

This section lists the principal statutory duties imposed and the rights or entitlements the Act recognises, with the operative section references.

Duties on operators and drivers

• Accreditation to operate. No person may operate a public passenger service unless accredited (s 15). Accredited operators must comply with accreditation conditions (s 16) and any applicable passenger service contract (s 33(1)(c)). Failure attracts prescribed penalties (s 15).
• Safety management systems. Bus operators must maintain a documented safety management system that identifies significant risks and specifies controls and monitoring arrangements; TfNSW may issue related guidelines and direct variations to the system (s 31).
• Drug-and-alcohol programs. Bus and ferry operators must prepare and implement TfNSW-approved drug-and-alcohol programs for transport safety employees, and ensure those employees are not under the influence while about to carry out or while on duty for transport safety work (s 29(1); s 173(1)). TfNSW may arrange random testing (s 29(4); s 173(4)).
• Reporting and records. Operators must report notifiable occurrences for buses (s 132) and may be required to provide safety reports and other information (s 131). TfNSW must keep records of grants, refusals, variations and cancellations of accreditations and related instruments (s 172(1)-(2)).
• Driver authority requirements. Drivers must hold a driver authority for covered vehicles (s 57). Standards include minimum age (20), fitness and appropriate licence (s 60). For bus drivers, specific training completion may be required (s 61).

Powers and duties of TfNSW and the Minister

• Decision-making duties. TfNSW may grant or refuse applications, but must not grant unless the applicant meets general standards or standards for a current operator or driver (ss 18(1)-(5); s 60(2)-(4)). TfNSW must give written notice of decisions and if not given within 90 days the application is taken to be refused (s 24; s 49; s 68).
• Contracting duties. TfNSW may enter into passenger service contracts specifying term and performance standards (s 36(1), (5), (8)). Sydney Metro may perform similar functions for metro services (s 36B).
• Fares regulation. The Minister may refer to IPART for fare determinations or recommendations (s 123). TfNSW makes fares orders but must respect IPART determinations and methodologies (s 125(1)-(3)).
• Enforcement and inspection. TfNSW appoints authorised officers, issues identity cards, runs inspections (s 152; ss 156-157; s 159), and may impose conditions or take action to vary, suspend or cancel accreditations and licences (ss 26, 33, 51-52, 71).

Rights and procedural protections

• Review rights. A person aggrieved by a reviewable decision (refusal, suspension, cancellation or variation of accreditation, driver authority or licence) may apply to the NSW Civil and Administrative Tribunal for administrative review (s 169).
• Notice and timing. TfNSW must give written notices of decisions; failure to give notice within 90 days results in deemed refusal but the matter can still be granted later (s 24(1)-(3); s 49(1)-(3); s 68(1)-(3)).
• Limits on admissibility and self-incrimination. The Act requires warnings when compelling answers or documents (Schedule 1 cl 29(1)). Persons cannot refuse to answer on self-incrimination grounds but answers are not admissible in criminal proceedings (with specified exceptions) where proper objection or warning does not occur (Schedule 1 cl 29(2)-(4)). Note: clause 29 affords specific protections for compelled evidence.
• Confidentiality for voluntary safety reports. The Chief Investigator may establish voluntary, confidential reporting systems and must not disclose identifying information unless with consent or in the public interest; disclosure to regulators is permitted (s 150).
• Identity and credential requirements. Authorised officers and transport safety investigators must carry and, on request, produce identity cards before exercising powers (ss 156-157; ss 146-147). Certain powers (e.g. entry under search warrant) are exceptions to ID show requirements (ss 156(4); 157(4)).

Contractual remedies and civil enforcement

• Civil penalties in contracts. Passenger service contracts may enforce performance standards by civil penalty provisions, recoverable as debts due to the State; such provisions are valid notwithstanding other law (s 38(1)-(6)).
• Exclusive rights. Contracts may confer exclusive rights for services run on regular routes and timetables (s 40(1)). The Act specifically authorises such contract provisions to the extent they otherwise would contravene federal competition law and the Competition Code (s 40(3)-(4)), and requires public registration of exclusive rights (s 40(5)).

Investigatory and compulsory powers

• Compulsion and production. The Chief Investigator may require attendance and production of documents (s 136). Transport safety investigators and authorised officers have statutory powers of entry, search, seizure and to stop/detain vehicles in specified circumstances (Schedule 1 cll 2-10; Part 2 Schedule 1 cll 11-24; ss 158-159).
• Limits and compensation. Investigation officers must use no more force than reasonably necessary (Schedule 1 cl 26) and must minimise damage (cl 27). TfNSW or the Crown must pay compensation for damage caused by authorised officers or transport safety investigators in specified circumstances (cl 28).

These duties and rights structure compliance, enforcement and dispute resolution: applicants must meet fit-and-proper standards (ss 18, 60), operators must maintain safety and testing systems (ss 29, 31, 173), and TfNSW and the Chief Investigator carry investigatory and regulatory responsibilities subject to notice, record-keeping and review requirements (ss 24, 172, 169).

This Act mixes criminal offences, regulatory penalty notices and civil enforcement through contract. Enforcement is executed by authorised officers, transport safety investigators, TfNSW and the courts. Key enforcement features and penalty specifications follow.

Specified criminal and regulatory offences and maxima

• Operating without accreditation or licence. Operating a public passenger service without accreditation is a prescribed offence with maximum penalty 1,000 penalty units (s 15). Operating an air transport service on a regulated air route without an air route licence carries the same maximum of 1,000 penalty units (s 41).
• Contravening conditions. Contravening an accreditation condition attracts a maximum penalty of 1,000 penalty units (s 16); contravening a driver-authority condition is a lesser offence with maximum 100 penalty units (s 58).
• Driver offences. Driving without the required driver authority is an offence with maximum penalty 100 penalty units (s 57).
• Operating regular timetabled services without contract. Operating a regular timetabled service without a passenger service contract is an offence with maximum 1,000 penalty units (s 39(1)).
• Special prohibitions. Using a bus to ply or stand for hire on a road (i.e. to act as a taxi) is an offence with maximum penalty 1,000 penalty units (s 164A).
• Inspection and investigation offences. Hindering or obstructing authorised officers or transport safety investigators or failing to provide reasonable assistance is an offence (s 160). The maximum penalty is 1,000 units (body corporate) or 500 units (individuals).
• Miscellaneous lower-level offences. Notifying notifiable occurrences (s 132) carries a maximum 100 penalty units; failing to return cancelled/suspended accreditations/driver authorities/licences attracts 25 penalty units (s 164); prohibited advertisements (publishing adverts for services without required accreditation or licence) carry 50 penalty units (s 163).

Civil enforcement and contract remedies

• Civil penalty provisions in passenger service contracts. Contracts may contain civil penalty provisions that provide for amounts payable as debts to the State, and such penalties may be recovered by withholding amounts payable under the contract (s 38(1)-(3)). The section specifies that this operates despite any other law (s 38(6)).
• Penalty notices. Authorised officers or police may issue penalty notices for offences prescribed by regulation as penalty notice offences; the Fines Act 1996 applies to such notices (s 166). The regulations prescribe the penalty notice amounts (s 166(4)) up to the court-imposed maximum.

Enforcement process mechanics and constraints

• Inspections and seizure powers. Authorised officers may conduct inspections and require vehicles, equipment and records to be inspected or tested; they can seize items suspected to be connected with offences and retain documents subject to receipt obligations (s 159; Part 2 Schedule 1 cl 16; cl 22).
• Investigatory compulsion. The Chief Investigator may compel attendance and production of documents, administer oaths and require answers (ss 136-137; Schedule 1 cl 5). Schedule 1 cl 29 deals with warning, compulsion and admissibility; compelled answers are not admissible in criminal proceedings except in limited circumstances.
• Search warrants and LEPRA. Search-warrant procedure and execution reference the Law Enforcement (Powers and Responsibilities) Act 2002 where relevant (Schedule 1 cl 10; Part 2 cl 24).
• Identity and limits on authorised officers. Authorised officers must carry and produce identity cards and may only exercise functions if issued with identity cards (ss 156-157). The appointing instrument may limit functions and the cases where those functions may be exercised (s 155).
• Time limits and court jurisdiction. Proceedings may be dealt with summarily in the Local Court or Supreme Court in its summary jurisdiction (s 167(1)). For matters to be brought in the Local Court, the maximum monetary penalty that court may impose is capped at 500 penalty units despite higher statutory maxima (s 167(2)). Proceedings must be commenced not later than one year after the alleged offence date (s 167(3)).
• Corporate liability and officer liability. Directors or persons concerned in management are taken to have contravened if they knowingly authorised or permitted a corporate contravention (s 165). Ancillary liability (aiding, abetting, counselling, procuring, conspiring) attracts similar penalties equivalent to the principal offence (s 165A).

Remedies relating to investigatory damage and compensation

• Compensation. TfNSW must pay compensation for damage caused by authorised officers in exercising entry powers, except where damage arises from work revealing contraventions (Schedule 1 cl 28(1)). The Crown must pay compensation for damage caused by transport safety investigators, with similar exceptions (cl 28(2)). Contrast: s 178 asserts generally that compensation is not payable by or on behalf of the State because of the enactment or operation of the Act, but Schedule 1 cl 28 is a specific compensation provision and s 178(3) expressly excludes liability under cl 28.
• No compensation for temporary air route licences. The Act disclaims compensation for loss or damage arising from temporary air route licences, and protects persons implementing such measures from related proceedings except in specified respects (s 53(5)-(6)).

Enforcement incentives and practicalities

• Wide discretion to TfNSW. TfNSW has multiple enforcement levers,administrative (vary/suspend/cancel accreditation or licences, impose conditions), contractual (civil penalty provisions), inspectional (s 159), and statutory (prosecutions and penalty notices). The Act also allows TfNSW to impose conditions on accreditations and licences at any time (ss 26(2), 51(2)), which creates ongoing compliance obligations for operators.
• Administrative review and limited prohibitions. Affected persons have administrative review rights to the Civil and Administrative Tribunal for the listed reviewable decisions (s 169). However, the Act also contains some non-reviewable action: for example, there is no right to apply to the Tribunal for administrative review of a decision to refuse to consider a driver authority application made within 12 months of refusal or cancellation (s 63(2)).

Taken together, the Act provides a layered enforcement structure that mixes regulatory administrative control with criminal penalties and contract-based civil enforcement. The presence of penalty notices, expedited summary jurisdiction, and requirements to co-operate with inspections pressures operators and drivers towards procedural compliance, while contract civil penalties provide an economic enforcement channel for TfNSW where services are procured.

The Act is constructed to operate alongside and interact with a set of Commonwealth and state statutory regimes. The source text provides explicit cross-references and limits; those are summarised with citations.

Cross-references declared in definitions and notes

• Rail Safety National Law (NSW). The Act adopts definitions and references in relation to rail matters (trains, railway premises, rail passenger services and railway operations) from the Rail Safety National Law (NSW) (s 4 definitions and related notes). The Act excludes rail services already governed under that National Law from Part 2 accreditation (s 14 note).
• Marine Safety Act 1998. For ferries and vessel safety regimes, the Act directs readers to the Marine Safety Act 1998 and preserves the application of that Act to ferry safety (s 14 note; s 173(6)).
• Road Transport Act 2013. Definitions of road and road-related area refer to the Road Transport Act 2013 (s 4). The Act also confirms that testing provisions do not derogate from specific provisions of the Road Transport Act (s 30).
• Transport Administration Act 1988. The Act delegates certain institutional entities to existing Transport Administration arrangements: TfNSW, Sydney Metro and the Chief Investigator are constituted under the Transport Administration Act (s 4 definitions; multiple notes). The Act also states that fares orders prevail to the extent of inconsistency with an order made under Division 5 of Part 8 of the Transport Administration Act 1988 (s 125(7)).
• Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA). Procedures for search warrants are aligned with LEPRA: Schedule 1 cl 10 and Part 2 cl 24 provide that Division 4 of Part 5 of LEPRA applies to warrants issued under the Act, and issuing officers are defined as LEPRA authorised officers.
• Independent Pricing and Regulatory Tribunal Act 1992 (IPART Act). The Minister’s referrals and IPART’s investigation and determination powers are instantiated under the IPART Act’s procedures as applied here (ss 123-124). Sections 13A-14A and Divisions 6 and 7 of Part 3 of the IPART Act apply to investigations and reports under this Part as if references to “the Minister” referred to the Minister administering this Act (s 124(6)).
• Point to Point Transport (Taxis and Hire Vehicles) Act 2016. The Act expressly disapplies or excludes point-to-point services under that Act from being public passenger services, subject to caveats (s 5(5A)) and provides for passenger service contracts with those providers (s 36A).
• Fines Act 1996, Administrative Decisions Review Act 1997, Crown Proceedings Act 1988, Coroners Act 2009. These Acts are referenced for penalty notice operation (s 166), administrative review rights (s 169), limitation of Crown liability characterisations (s 53(7)), and coroner interaction with evidence and requests (Schedule 1 cl 9(6)).

Specific interaction rules and constraints

• Fares: IPART determinations constrain fares orders made by TfNSW. TfNSW may not set fares exceeding IPART maxima nor diverge from methodologies determined by IPART (s 125(2)). IPART must consider a defined list of matters when making fare determinations, including the cost of service provision, protection of consumers from monopoly abuses, and impact on government funding (s 124(3)). For services where fare revenue is paid to TfNSW, IPART must estimate cost to the Consolidated Fund if fares are not increased and compensation is required (s 124(5)).
• Search warrants and procedural law: Warrants issued under this Act are subject to LEPRA’s procedural safeguards and execution regime (Schedule 1 cl 10(3); Part 2 cl 24(3)). Police may accompany investigators executing warrants (cl 10(4); cl 24(4)).
• Rail safety interface: The Act deliberately excludes rail accreditations from Part 2 and points operators to the Rail Safety National Law for accreditation and rail safety obligations (s 14). Transport safety investigations and inquiries can proceed irrespective of parallel criminal, coronial, or civil proceedings (ss 134, 140(4)), aligning with coronial and other investigatory regimes but preserving statutory confidentiality and privileging mechanisms (ss 138, 139, 145).
• Voluntary reporting and confidentiality. The Chief Investigator’s voluntary reporting scheme is protected from disclosure except in defined circumstances (s 150). The Act allows sharing of information with regulators but restricts other disclosures (s 150(2)-(3)). This interacts with the Government Information (Public Access) Act insofar as Schedule 4 makes amendments to other Acts that change exemptions and references to the new Act.

Transition and savings

• Repeals and transitional arrangements. The Act repeals the Air Transport Act 1964 and the Passenger Transport Act 1990 (s 179). Schedule 3 contains savings and transitional rules that carry forward existing accreditations, licences, driver authorities and service contracts under the new regime with specified limitations (Schedule 3 cls 4-6, 9-13). Existing air service licences are taken to be air route licences and accreditations under this Act for their remaining term (Schedule 3 cl 5).

Limits, precedence and exclusion clauses

• Prevailing rules. The Act provides that certain provisions prevail to the extent of inconsistency: fares orders under this Act prevail to the extent of inconsistency with an order under Division 5 of Part 8 of the Transport Administration Act 1988 (s 125(7)); regulations or orders under this Act may prevail over other specified administrative orders (s 128(3)).
• Compensation exclusions. The Act expressly denies compensation in many circumstances connected with the operation of the Act (s 178(1)), with specific exceptions for compensation claims arising from authorised-entry damage (Schedule 1 cl 28). Temporary air route licences specifically include a no-compensation clause for loss or damage resulting from grant or action taken in relation to temporary licences (s 53(5)).

Overall, the Act is architected to sit alongside and defer to various specialist safety and procedural statutes (Rail Safety National Law, Marine Safety Act, LEPRA), to embed IPART in the fares process where engaged, and to preserve continuity with existing licences and contracts through Schedule 3 savings. Where the Act creates new discretion or administrative powers it typically does so with cross-references to established procedural regimes or with express precedence clauses.

This Act’s text contains embedded amendment annotations and Schedule references that identify post-enactment changes; the source text provides a partial chain of those amendments and the affected provisions.

• 2015 and 2016 amendments. Multiple sections carry amendment notes referencing 2015 and 2016 instruments. For example, s 123 was amended in 2015 (s 123: Am 2015 No 15, Sch 1.19 [1]). Several sections and repeals are annotated as amended or repealed by 2016 No 34, Sch 5 (e.g. s 4: Am 2016 No 34, Sch 5 [1]-[4]; many provisions show "Rep 2016 No 34, Sch 5" for repealed sections such as ss 8, 9, 12, 32, 34).
• 2016 insertions. The Act received insertions in 2016, signalled by "Ins 2016 No 34, Sch 5". In particular, s 36A (contracts for passenger services under the Point to Point Act 2016) is noted as inserted in 2016 (s 36A: Ins 2016 No 34, Sch 5 [10]).
• 2018 amendments. The Act was amended in 2018 (2018 No 18) affecting, among other things, the addition of s 36B (Contracts for Sydney Metro passenger services) and modifications to appointment and delegation arrangements (s 36B: Ins 2018 No 18, Sch 2.12 [2]; s 152: Am 2018 No 18, Sch 2.12 [3]). The Schedule 4 amendments also include pointers to the Transport Administration Amendment concerning Sydney Metro.
• 2020 amendments. A further set of amendments is annotated 2020 No 30, Sch 4.60. These affect many procedural and definitional provisions including widening TfNSW powers, altering forms and terms of accreditation and driver authorities, and changes to appointment and identity-card rules (multiple sections bear the 2020 amendment note; see e.g. s 4 annotations and ss 17-18 annotations).
• 2025 amendments. The Act was further amended by the Road Transport and Other Legislation Amendment (Micromobility Vehicles and Smartcards) Act 2025 (2025 No 77, Sch 5). That amendment inserted s 128A (smartcard terms and conditions), and Schedule 3 contains a transitional clause taking specified Gazette-published smartcard terms and conditions to be an order under the new s 128A on commencement (s 128A: Ins 2025 No 77, Sch 5[3]; Schedule 3 Part 5 cl 18).
• Repeals and renumbering. The Act repealed predecessor statutes (s 179) and Schedule 4 records consequential amendments to many other Acts to substitute references to this Act for the repealed 1990 Act. Schedule 3 contains extensive transitional provisions to carry forward existing licences, accreditations and contracts and to convert existing air service licences to air route licences under the new scheme (Schedule 3 cls 4-6).

How the amendment history is recorded in the source

• Inline amendment notes. The Act includes inline marginal amendment annotations after many sections (for example, "s 4: Am 2016 No 34, Sch 5 [1]-[4]; 2018 No 18, Sch 2.12 [1]; 2020 No 30, Sch 4.60[2]; 2025 No 77, Sch 5[1]"), summarising the amending instrument identifiers and schedule paragraphs. These notes in the source identify the year and instrument number but do not provide the content of each amending instrument in full.
• Insertions and repeals flagged. Repealed sections and inserted sections are clearly marked with the relevant amending Schedule references (e.g. "s 8: Rep 2016 No 34, Sch 5 [6]" and "s 36A: Ins 2016 No 34, Sch 5 [10]").

Limits of the source for amendment history

• The Act’s internal notes identify amending statutes and schedule items but do not include full amending-text history or the explanatory memoranda of those amending Acts. The source supplies only the legislative citations and schedule markers; to trace the precise policy intent or the drafting changes in sequence one must consult the amending instruments cited (2015 No 15; 2016 No 34; 2018 No 18; 2020 No 30; 2025 No 77) and their second-reading materials outside the supplied text.

In short, the Act has been actively maintained since enactment with material insertions affecting fares, contracted services (including Sydney Metro), smartcards, and investigatory and appointment procedures. The source identifies the principal amending instruments and the clauses they affect; the operational changes (for example, addition of s 128A in 2025) are visible in the current consolidated text.

The supplied text contains no judicial decisions or litigation record. It contains statutory procedures and administrative review rights but does not reference any case law, judicial interpretations or litigation excerpts. The Act does, however, establish avenues that may generate litigation or administrative review:

• Administrative review routes. A person aggrieved by a reviewable decision (refusal, suspension, cancellation or variation of an accreditation, driver authority or licence) may apply to the Civil and Administrative Tribunal under the Administrative Decisions Review Act 1997 for review (s 169). This provides the principal statutory channel for contesting TfNSW decisions set out in the Act.
• Limited non-reviewability. The Act limits review in some narrowly prescribed circumstances. For instance, TfNSW may refuse to consider an application for a driver authority if an unsuccessful application or cancelled authority occurred within the preceding 12 months, and the Act specifies there is no right to apply to the Tribunal to review a decision under that section to refuse to consider an application (s 63(1)-(2)). Where the Act expressly removes a Tribunal review, disputes may proceed by other legal means, subject to legislative constraints.
• Contractual remedies and civil enforcement. Passenger service contracts can provide civil penalty provisions enforceable as debts to the State (s 38). Enforcement of contract-based civil penalties may generate civil proceedings in courts, and the Act expressly allows those contractual civil penalty mechanisms.
• Investigatory and evidentiary protections. The Act contains rules about the admissibility of evidence obtained under compulsion (Schedule 1 cl 29) and about confidentiality of draft reports and voluntary reports (ss 137-138; s 150). Those statutory rules may be the subject of interlocutory disputes in civil or criminal proceedings where the admissibility or disclosure of investigatory materials is contested.
• Interaction with criminal and coronial proceedings. The Act expressly allows transport safety investigations and inquiries to proceed even when civil or criminal proceedings or coronial inquiries are underway (ss 134, 140(4)). Conversely, it creates certificates that may limit compelled attendance in civil proceedings for persons involved in investigations (ss 139, 145), which could raise litigation over disclosure obligations.

Because the source contains no case references, practitioners must consult court databases, tribunal determinations and reported decisions to understand how courts and tribunals have interpreted the Act’s provisions (for example, scope of "fit and proper" tests, limits on enforcement powers or admissibility of compelled evidence). The Act sets the administrative architecture that will generate litigation but the supplied text does not record any litigation outcomes.

This section highlights practical traps, operational risks and features that commonly produce compliance or commercial surprises, each grounded in the Act.

• Automatic suspensions and tight notification windows. Joint accreditations and joint air route licences are automatically suspended 21 days after the death or cessation of a joint holder if TfNSW has not been notified (s 35(1)(a); s 54(a)). Similarly, a corporate operator’s accreditation is automatically suspended if there are no nominated directors or managers for the purposes of this Part (s 27 note; s 35(2)). Practical consequence: failure to maintain up-to-date nominations or to notify TfNSW within prescribed timeframes causes automatic suspension, interrupting authorised operation.
• No automatic renewals for air licences and no right to renew passenger service contracts. There is no right of renewal for air route licences (s 48(1)) and passenger service contracts must not provide a right to renew (s 36(6)). However contracts may give a first right to negotiate a further contract (s 36(7)). Incumbents must plan for discrete procurement cycles rather than assume renewal.
• Fares constraint by IPART methodology. TfNSW may make fares orders but may not set fares above IPART-determined maxima nor contrary to IPART methodologies (s 125(2)). If IPART has been asked to determine maximum fares it must consider government funding impacts and, where fare revenue is paid to TfNSW, IPART must report on the likely annual Consolidated Fund cost if fare increases are not implemented (s 124(5)). Operators receiving revenue to be remitted to TfNSW or to a corporation will need to be aware of how fare determinations interact with government funding.
• Exclusive rights authorised and registered. Passenger service contracts may confer exclusive rights to operate regular services in an area (s 40(1)), and such exclusivity is specifically authorised under federal competition law as applied by the Act (s 40(3)-(4)). TfNSW must keep a public register of exclusive rights (s 40(5)). Consequence: procurement can be used to allocate exclusivity, and the public register makes exclusivity visible, with competitive implications.
• Temporary air route licences carry a no-compensation clause and broad exculpation for conduct. TfNSW may grant temporary air route licences to preserve services (s 53). The Act precludes compensation arising from grant or action relating to temporary licences and bars proceedings seeking to restrain such action (s 53(5)-(6)). Consequence: incumbents disfavoured by a temporary licence have constrained redress under the Act.
• Wide TfNSW discretion to impose conditions. TfNSW may impose or vary conditions on accreditations, driver authorities and licences at any time (ss 26(2), 51(2), 69(2)). TfNSW must not impose conditions inconsistent with the Act or regulations (ss 26(3), 51(4), 69(3)), but the open statement of power allows ongoing conditions that generate compliance costs; operators must monitor and respond to TfNSW directions.
• Criminal and contract exposure concurrently. The Act uses both criminal penalties (penalty units) and contractual civil penalties (s 38). A single breach may expose an operator to administrative variation/cancellation, criminal prosecution, contract debt recovery and reputational consequences in procurement or subsidy arrangements.
• Compelled information, limited admissibility and warning formalities. Compelled answers and documents are available under investigatory notices (s 136; Schedule 1). A warning is required before an offence for failing to comply is engaged (Schedule 1 cl 29(1)). Compelled answers are not admissible in evidence in criminal proceedings if the person objected or was not warned, but documents provided remain admissible (cl 29(3)-(4)). Practitioners must watch for formal warning and objection procedures to preserve admissibility and privilege.
• Penalty notice regime and court caps. Penalty notices are available for offences prescribed by regulation (s 166). However, if proceedings go to the Local Court, the Local Court’s maximum monetary penalty is capped at 500 penalty units despite a higher statutory maximum (s 167(2)). This can create different settlement dynamics depending on whether the matter proceeds by penalty notice or court prosecution.
• Smartcards and contract terms can exculpate TfNSW. Section 128A (inserted 2025) gives TfNSW power to publish smartcard T&Cs, including exculpation from liability (s 128A(2)(e)) and transfer, refund and forfeiture rules (s 128A(2)(b)-(c)). Operators using TfNSW smartcard systems need to reconcile contractual customer-facing obligations with TfNSW order terms.
• Close associates and cancelled accreditations. TfNSW may refuse accreditation where a close associate has had a cancelled accreditation or air route licence (s 19). The Act’s definition of close associate (s 13) is expansive, covering relevant financial interests, positions and powers that enable significant influence over the business. Owners and financiers should audit shareholdings, nominee arrangements and contractor relationships to identify close-associate risk.
• Operating exceptions and exemptions. Section 39 lists several exemptions to the requirement that regular timetabled services be under passenger service contracts (s 39(2)) and TfNSW can exempt services by Gazette order subject to policy (s 39(4)-(5)). Operators must confirm whether exemptions or authorisations apply to their specific services to avoid contraventions.

These features create points where operational detail, governance and process discipline matter. The Act places procedural obligations (notifications, nominations, reportings, investigations) on short timelines in some circumstances, embeds procurement and exclusivity levers that affect competitive dynamics, and preserves a wide administrative discretion with attendant compliance costs.

A practical compliance checklist and recommended actions for operators, drivers, counsel and procurement teams, linked to the Act’s provisions.

1. Determine coverage and authorisations
   • Confirm whether the service is a "public passenger service" as defined (s 5(1)), or falls under an exclusion (s 5(4)-(5A)). If the service is a point-to-point taxi/hire service, check s 5(5A) and s 36