40Exclusive rights

#### 40 Exclusive rights 40 Exclusive rights > > (1) A passenger service contract may confer on the operator of a bus service, ferry service or rail passenger service the exclusive right to operate a service conducted according to regular routes and timetables or according to regular routes and at regular intervals in the area or route to which the contract applies. > > > (2) An exclusive right granted under a contract under this section does not affect any right to provide the following bus, ferry or rail passenger services in the same area or on the same route— > > > > > (a) a service conducted according to one or more regular routes, in which each passenger is transported for a distance of not less than 40 kilometres, > > > > > (b) a tourist service. > > > (3) The following are specifically authorised by this Act for the purposes of the [Competition and Consumer Act 2010](http://www.legislation.gov.au/) of the Commonwealth and the Competition Code of New South Wales— > > > > > (a) any passenger service contract or other agreement containing a provision authorised by this section or giving effect to a provision of this section, > > > > > (b) the entering or making of any such contract or agreement, > > > > > (c) conduct authorised or required by or under the terms or conditions of any such contract or agreement. > > > (4) Conduct authorised by subsection (3) is authorised only to the extent (if any) that it would otherwise contravene Part IV of the [Competition and Consumer Act 2010](http://www.legislation.gov.au/) of the Commonwealth and the Competition Code of New South Wales. > > > (5) TfNSW is to cause a register to be kept of all exclusive rights in force under a term of a contract that is authorised under this section and is to make that register publicly available.