45Trial operation of regular passenger services

45 Trial operation of regular passenger services

(1)  This section applies if the Secretary is satisfied that there might be a need for a regular passenger service.

(2)  The Secretary may enter into one or more passenger service contracts providing for the service to be operated on a trial basis.

(3)  [Section 45 Subsection (3) amended by No. 28 of 2020, s. 18, Applied:30 Dec 2020] For the purposes of subsection (2) , the Secretary may adopt whichever of the following procedures the Secretary considers most expedient in the circumstances:

(a) invite any bus operators to contract;

(b) call for expressions of interest from bus operators and select the most suitable expression of interest;

(c) call for tenders from bus operators and select the most suitable tender.

(4)  [Section 45 Subsection (4) amended by No. 28 of 2020, s. 18, Applied:30 Dec 2020] In deciding on the most expedient procedure to adopt under subsection (3) the Secretary may have regard to the nature of the service, the urgency of the community need, the likely level of interest in conducting the trial, the capacity of the passenger transport industry and such other matters as the Secretary reasonably considers relevant to the conduct of the trial.

(5)  A passenger service contract under this section may confer on the service operator an exclusive right to operate the service during the term of the contract.