37Determination of application for authorisation

37 Determination of application for authorisation

(1)  After considering an application for the authorisation of a regular passenger service ("proposed service"), the Commission may approve or refuse to approve the application.

(2)  For the purposes of subsection (1) , the Commission –

(a) is to have regard to any matters prescribed by the regulations; and

(b) may have regard to any other matters it reasonably considers relevant in the circumstances.

(3)  Without limiting its generality, the matters that the Commission could have regard to under subsection (2)(b) include –

(a) the likely impact of the authorisation on the obligations of the State Crown under existing passenger service contracts; and

(b) whether any person is already operating the same or substantially the same service as the proposed service; and

(c) whether any person is already operating in the same or substantially the same passenger transport market as the applicant, as regards the proposed service; and

(d) whether any person has an impending commitment, under a service development plan, to begin operating the same or substantially the same service as the proposed service and, if so –

(i) whether the commitment is conditional on a government subsidy; and

(ii) the likely impact of the authorisation on the commitment.

(4)  The Commission is not required to consider the application at all if it reasonably determines that the proposed service is not a regular passenger service.