40Nature of authorisation

40 Nature of authorisation

(1)  Except as provided by this Part, an authorisation is ongoing subject to the payment of the continuity fees, if any, prescribed by the regulations.

(2)  If a service operator fails to pay a continuity fee for an authorisation by the day on which it falls due to be paid –

(a) the Commission, by notice, may demand that the service operator pay the continuity fee by a specified day; and

(b) the authorisation expires at the end of that specified day if, at that time, the continuity fee remains unpaid.

(3)  The authorisation of a regular passenger service runs with the service and is unaffected by a related business transaction.

(4)  A related business transaction does not, in itself, constitute grounds for cancelling or suspending the authorisation of a regular passenger service, but may constitute proper grounds to vary the conditions, if any, of the authorisation.

(5)  In this section –

related business transaction, for a regular passenger service, includes –

(a) the sale or transfer of the service to another person; and

(b) a restructuring or rearrangement of the business arrangements of the service operator (not involving bankruptcy or external administration under the Corporations Act); and

(c) a transformation of the legal personality of the service operator (whether by incorporation, the formation of a partnership or otherwise); and

(d) a change of name or business name; and

(e) the purchase, sale, leasing or mortgaging of any office, garage, workshop or other premises used by the service.