39Regular timetabled services must have contract

#### 39 Regular timetabled services must have contract 39 Regular timetabled services must have contract > > (1) A person must not operate a public passenger service that is conducted according to regular routes and timetables or according to regular routes and at regular intervals otherwise than under the authority of a passenger service contract. > > > > Maximum penalty—1,000 penalty units. > > > (2) This section does not apply to the following public passenger services— > > > > > (a) an air transport service, > > > > > (b) a bus service or a ferry service conducted according to one or more regular routes, in which each passenger is transported for a distance of not less than 40 kilometres, > > > > > (c) a tourist service, > > > > > (d) a community transport service. > > > (3) This section does not apply to an operator of a public passenger service if— > > > > > (a) the person is an accredited operator of the public passenger service or is not required to be accredited, and > > > > > (b) the service is operated under a subcontract or other arrangement with the holder of the passenger service contract for the service, and > > > > > (c) the subcontract or other arrangement is authorised under the passenger service contract. > > > (4) This section does not apply to a public passenger service exempted by TfNSW by order published in the Gazette. An exemption may be unconditional or subject to conditions specified in the order. > > > (5) TfNSW must have regard to any applicable policy approved by the Minister for the purposes of subsection (4) before making an order under that subsection.