Public Transport Authority Regulations 2003

The regulations organise around a small set of legal and operational concepts that determine who must do what, when and where. The core concepts are ticketing media and validation, Authority property and conveyances, authorised persons and the chief executive officer’s authorisations, infringement/modified penalties, and secondary commercial functions.

• Ticketing media and validation. The regs distinguish paper tickets and electronic tickets. Paper ticket is a voucher or document issued by or on behalf of the Authority that evidences a person’s authorisation to make a journey (r 3). Electronic ticket includes a “payment application” (a software application issued or approved by the Authority that stores and transfers data and can be read by Authority reading apparatus) and a “payment device” (a physical device issued or approved by the Authority with similar data and reading capability) (r 3). The user obligation for electronic tickets is strict: obtain confirmation from the Authority’s reading apparatus of authorisation before or at the start of a journey (r 4A(1)). Validity rules differ: paper tickets are valid unless specified defects or conditions in r 5(1) apply; electronic tickets are valid unless the user failed to comply with r 4A(1) or another condition (r 5(2)).
• Authority property, facilities and conveyances. Conveyance covers road bus, ferry or railway train used in provision of the Authority’s public passenger transport service, while facility covers places associated with the Authority’s service (r 3). The regs create offences targeted to behaviour in or on those places: interfering with signs or mechanism on property (r 7), travelling on parts not intended for passengers (r 8), entering or leaving other than through intended doors (r 9), smoking on conveyances or in posted facilities (r 11), and other conduct restrictions (rr 10-23).
• Authorised persons, drivers, masters, security officers and the chief executive officer. Enforcement roles and operational discretion are split. Drivers and masters may make demands about tickets and perform functions such as photographing tickets (r 44(1)). Security officers, authorised persons and Police may direct boarding, ordering disembarkation, and remove people from property in specified circumstances (rr 33C, 33D, 41-43). Chief executive officer-level written authorisation is the formal authorisation route for exceptions to many prohibitions (e.g. busking, selling, consuming food, playing instruments) (see rr 14, 16, 17, 18, 15).
• Modified penalties, infringement notices and forms. Regulation 4 ties “modified penalty” offences in the regulations to the Public Transport Authority Act 2003 enforcement machinery (ss 44-45). Schedule 2 (Form 1) is the prescribed infringement notice form and Form 2 is the prescribed withdrawal notice (rr 45-46). The regulations set many specific modified penalty amounts (e.g. $100 for failing to produce a ticket under r 6(1); $200 for interference with equipment r 7). Modified penalties and court penalties are listed next to each offence and enforceable either by payment of the modified penalty under the Act or by prosecution with the full penalty.
• Secondary functions and property disposal thresholds. The regulations list “authorised activities” for the purposes of s 12(3) of the Act, including advertising and leasing Authority property and developing ticketing systems (r 34). They also specify when Ministerial written approval is not required for grants of leases or licences of Crown land or disposal of estates in land other than Crown land (rr 35-36): essentially, where the land is not required for operational purposes and the term does not exceed 10 years.
• Special operational concepts: closed areas and bicycle rules. “Closed area” in a railway station is an area access‑controlled by gates and ordinarily requiring presentation of an appropriate ticket; the closed area offence requires production of an appropriate ticket (r 6A). Part 4A defines peak times, peak flow and counter flow directions and limits bicycle carriage on trains in peak directions and times, and empowers security and authorised persons to enforce carriage limits and disembarkation during special events (rr 33A-33D).

These concepts create a system of ex ante obligations (ticket validation, sign compliance), ex post enforcement (infringement notices, retention of devices, ejection), bounded executive discretion (CEO written authorisations and authorised persons’ directions) and administrative thresholds for commercial use of Authority land (short leases without Ministerial approval, r 35; property disposal up to 10 years, r 36). The economics embedded: ticket validation shifts information collection to the Authority’s reading apparatus, retention powers lower evasion ability but may shift administrative cost to handling retained devices (r 44), and low parking fees combined with signage and small fines appear calibrated to support commuter access while relying on behavioural controls and small financial penalties to manage misuse (r 32; Schedule 1).

The regulations affect a network of actors with differing interests and duties. Identify them and the principal obligations or impacts each faces.

• Passengers and prospective passengers. All travellers on Authority services must carry valid tickets and present them on demand (r 6(1); r 6A(2) for closed areas). Users of electronic tickets must obtain confirmation from reading apparatus before or at the start of a journey (r 4A(1)). Passengers must also conform to behaviour standards: not smoke (including use of e‑cigarettes that emit vapour or aerosol, r 11(1A) and r 11(1)-(2)), not consume liquor without prior CEO approval (r 12(1)-(2)), not busk or beg without CEO authorisation (r 14), not place feet on seats (r 19), and avoid projecting body parts or objects from conveyances (r 23). Disabled passengers have protection to park with an ACROD permit, and non‑compliance with correct display attracts penalties (r 30).
• Bicycle users. Cyclists who carry bikes on trains are affected by Part 4A. They may travel with bicycles outside peak times on working days and at any time on non‑working days (r 33B). During peak times, bicycles are allowed only in counter flow directions up to particular stations (Canning Bridge, McIver, City West or Leederville) and are banned in peak flow directions (r 33C). Security officers, authorised persons and Police may restrict carriage or order disembarkation during special events or where carriage crowding is expected (r 33D).
• Drivers, masters and vehicle operators. Operators of buses, ferries and trains are given enforcement tools and duties. Drivers and masters may demand tickets, photograph or retain paper tickets in certain cases, read or copy data from electronic tickets, and retain Authority‑issued payment devices if a device is reported lost/stolen or misused contrary to the registered user condition (r 44). Drivers may also refuse passage under enumerated grounds (r 41), and direct vehicle movement in Authority property consistent with signage (r 25).
• Authorised persons, security officers and Police. The regulations vest on‑the‑ground enforcement powers with authorised persons, security officers and Police. They are empowered to give directions on vehicle movement, to direct persons not to board or to disembark (rr 25, 33C(3)-(4), 33D(1)-(2)), to effect ejection under specified circumstances (r 43), and to inspect, copy or retain tickets and devices (r 44). They also issue infringement notices under Schedule 2 Form 1 and can be involved in withdrawal notices (r 45-46).
• The chief executive officer of the Authority. The CEO is central to the exceptions regime. Many otherwise prohibited activities are permitted if authorised in writing by the CEO, including consumption of liquor (r 12(2)), busking and begging (r 14), playing musical instruments (r 16(1)), selling or offering goods and services (r 17), affixing signs or marking facilities (r 15), and food consumption (r 18). The CEO therefore controls formalised exemptions and commercial usages on Authority property.
• The Authority as land manager and commercial actor. The Authority can place signs (r 25), grant leases and licences, and pursue secondary functions including advertising, leasing, developing rail‑related property and developing ticketing systems (r 34). It can also set paid parking and secured parking unlocking charges (r 32; Schedule 1) and grant permits for exceptional crossings of railway tracks by oversized or slow machines (r 37).
• Commercial operators, advertisers, buskers, and lessees. Any person or organisation seeking to sell goods or services on Authority property, or to display advertisements, or to busk or distribute printed matter must obtain written CEO authorisation (rr 14, 17, 34). Leases of Authority Crown land not required for operations and up to 10 years do not require Ministerial approval (r 35), and similar limits apply to estates in non‑Crown land (r 36).
• Disabled persons and users of assistance animals. The regulations require ACROD permit display and dedicate parking spaces with Australian Standard symbols (rr 29-30). The regs also reference the Dog Act 1976 regarding assistance dogs and the right to be accompanied by an assistance dog (r 41(1)(k)).
• Manufacturers and issuers of ticketing hardware and software. The definition of electronic ticketing (r 3) and the Authority’s power to issue or approve payment applications and devices (r 3; r 4A(2)) mean that providers must comply with Authority technical requirements to be readable by Authority reading apparatus. The Authority may authorise payment mechanisms by Gazette notice for parking (r 32(3)).
• Law enforcement and courts. The regulations create offences with specified modified penalties and court penalties, prescribe the form for infringement notices (r 45; Schedule 2 Form 1), and provide the process for withdrawal (r 46; Schedule 2 Form 2). Prosecutors and courts therefore adjudicate contested enforcement where modified penalties are not paid (r 6(3) in Form 1).

The regulations centralise real‑time operational authority with the Authority and its authorised officers while enabling administrative regulation of property use and commercial activity through CEO authorisations, lease rules and the list of secondary functions (rr 25, 34-36). That allocation shapes incentives: travellers must adapt to electronic validation and signage; commercial operators must secure CEO approvals or work through leasing channels; authorised officers exercise front‑line discretion in enforcement.

This section summarises the principal duties the regulations impose and the rights or powers they grant.

Ticketing duties and rights

• Duty to validate electronic tickets. A person using an electronic ticket must obtain confirmation from the Authority’s reading apparatus of authorisation before or at the start of a journey (r 4A(1)). The Authority may impose additional conditions on ticket use, including journeys, places, times and user classes (r 4A(2)).
• Duty to carry and produce a valid ticket. A person who starts, makes or ends a journey and who does not produce a valid ticket on demand to a driver, master or authorised person commits an offence (r 6(1)). The modified penalty is $100 and the court penalty $500 (r 6(1) as printed).
• Rights of drivers/authorised persons to inspect and retain tickets and devices. Drivers, masters and authorised persons may photograph or copy paper tickets and take notes (r 44(1)). They may read, download or copy data on an electronic ticket relevant to authorisation to make a journey (r 44(2)). They may retain Authority‑issued payment devices in specified circumstances: where the registered user has notified loss/theft (r 44(3)) or the ticket is not valid because it is being used contrary to a condition that it be used only by the registered user (r 44(4)).

Behaviour and facility duties

• Obey signs and authorised directions. Persons must comply with the inscription on Authority signs unless authorised by the CEO to disobey (r 25(4)(a)). They must obey signals or directions by an authorised person relating to vehicle use, parking or movement or movement of persons (r 25(4)(b)-(c)). Non‑compliance is a modified penalty offence (r 25(4)).
• Prohibitions and CEO discretion. Many activities are prohibited unless the CEO authorises them in writing: busking/begging (r 14), musical instruments (r 16(1)), public sale or distribution of printed matter (r 17), food and drink consumption (r 18), affixing or marking facilities (r 15), and consumption of liquor unless CEO approval is obtained in advance (r 12(2)). The CEO’s written authorisation is the formal exception route documented in the regs.
• Smoking prohibition includes e‑cigarettes. The definition in r 11(1A) treats e‑cigarettes as devices that generate or release smoke, aerosol or vapour and therefore their use falls within the smoking prohibition on conveyances and in posted facilities (r 11(1)-(2)).

Parking duties and rights

• Authority signs and parking rules. The Authority may place signs and they operate according to their tenor (r 25(1), (3)). Users must comply; failure attracts fines. Parking in areas designated for payment is permitted only where the charge has been paid and a parking ticket is displayed or an approved payment mechanism used (r 32(1)-(3)). The parking charge for a 24‑hour weekday period is $2 including GST (Schedule 1 item 1). Removing a vehicle from a secured parking facility between designated hours requires payment of $10 to have the gate unlocked (Schedule 1 item 2; r 33(1)).
• Disabled parking. Parking spaces for people with disability must be designated by the Australian Standard symbol (r 29). Parking in such spaces without permission, that is without a disabled person in the vehicle and an ACROD permit displayed, attracts modified penalties (r 30).

Enforcement powers and duties

• Ejection and refusal of passage. Drivers, masters and authorised persons may advise persons they must not travel or remain on a conveyance where enumerated grounds exist (r 41). If a person disregards such a direction and boards or refuses to alight, that person commits an offence with specified penalties (r 42). Regulation 43 structures the grounds for directing removal from Authority property for s 65(1) of the Act and lists numerous circumstances where a person may be directed to leave.
• Infringement notices and forms. The regulations designate which offences are “prescribed offences” for the Act by associating offences followed by a modified penalty with s 44 of the Act (r 4). Schedule 2 Form 1 is the prescribed infringement notice form and Form 2 the withdrawal form (rr 45-46).
• Powers on special events and bicycles. Security officers, authorised persons and Police may direct persons not to board with bicycles or to disembark where safety, crowding or special events create the need (rr 33C(3)-(4); 33D(1)-(2)). Non‑compliance is an offence (r 33D(3)).

Administrative and property rights

• Authority’s marketing, leasing and development rights. The regulations list secondary functions authorised under the Act: advertising, leasing, developing and managing rail‑related property and ticketing systems (r 34). Ministerial approval is not required for leases or licences of Crown land that are not operationally required and for up to 10 years (r 35). Disposal of estates in land other than Crown land without Ministerial approval is permitted subject to similar conditions (r 36).
• Permit regime for crossings by oversized/slow vehicles. The regs prohibit taking certain large or slow machines across Authority railway tracks except under a permit and allow conditions to prevent railway damage (r 37).

Procedural protections and evidentiary matters

• Evidentiary presumptions. In prosecutions for consuming liquor, the allegation that a substance was liquor is taken to be proved absent contrary evidence (r 12(3)). The regulations also prescribe the procedures for infringement notices and withdrawals (rr 45-46; Schedule 2), which structure administrative review and payment timelines (Form 1: 28 days to pay the modified penalty).

These duties and powers create a framework where the Authority and its authorised officers hold substantial operational discretion to enforce safety, ticketing compliance and orderly use of property; passengers and commercial actors have specified obligations and a formal route for exceptions via the CEO. The regulatory design privileges on‑the‑spot enforcement (ticket checks, directions, retention) balanced with low nominal parking charges and small modified penalties for many offences.

The regulations use a two‑track enforcement model: (1) modified penalties for many low‑gravity offences enforceable by payment under an infringement notice; and (2) court prosecution with higher penalties where the modified penalty is not paid or for more serious breaches. Regulation 4 expressly ties offences described with a “modified penalty” within the regulations to the enforcement machinery of the Public Transport Authority Act 2003 (s 44 and the modified penalty under s 45(1)(b)). Schedule 2 prescribes the infringement notice form (Form 1) and the withdrawal form (Form 2) (rr 45-46).

Key numerical penalty points (as stated in the regulations)

• Ticket offences. Making or starting a journey without producing a ticket on demand is a modified penalty offence with a modified penalty of $100 and a court penalty of $500 (r 6(1)). Being inside a closed area without an appropriate ticket attracts the same modified and full penalties (r 6A(2)).
• Behaviour offences on conveyances/facilities. Common modified penalties across conduct rules are $100 with court penalties typically $500: standing in prohibited areas (r 10), smoking (r 11), consumption of liquor (r 12(1) subject to CEO approval under r 12(2)), nuisance (r 13), busking and begging (r 14), playing audible devices without headphones (r 16(2)), selling or distributing printed matter (r 17), consuming food and drink on conveyances without written permission (r 18), feet on seats (r 19), luggage obstruction (r 20), goods likely to spill or stain (r 22), projecting parts of the body (r 23). Some of these penalties are $100 modified/$500 court (specific regs list amounts).
• Higher modified penalties. Interference with signs or equipment and travelling on parts of a conveyance not intended for passengers carry a higher modified penalty of $200 and a court penalty of $2,000 (rr 7-8). Possessing explosives, firearms and weapons on Authority property carries modified penalties of $200 and court penalties of $2,000 (r 21(a)-(d)); possession of tools for graffiti carries a lower modified penalty of $100 ($500 court) (r 21(e)). Obstructing an authorised person is a modified $200/$1,000 court penalty (r 40). Failure to comply with refusal to travel (r 42) is a modified $200/$2,000 court penalty.
• Parking and crossing penalties. Parking offences generally carry a modified penalty of $50 and a court penalty of $250 (e.g. r 25(4), r 26, r 27, r 28(1), r 31, r 32(1)). Crossing railway tracks with slow/oversized vehicles without a permit attracts a modified $400 and a court penalty of $2,000 (r 37(2)). Sewage and animals rules (rr 38-39) attract modified $400/$2,000 penalties.
• Bicycle offences. Travelling with a bicycle in disallowed peak directions/times or breaching boarding/disembarkation directions during peak/special events are subject to a modified penalty of $100 and a court penalty of $2,000 (r 33C(1)-(2), r 33D(3)).

Enforcement actors and mechanisms

• Authorised persons, drivers and masters. These persons may demand tickets (r 6, r 6A), photograph or copy paper tickets (r 44(1)), read, download or copy data from electronic tickets (r 44(2)) and retain Authority‑issued payment devices under prescribed conditions (r 44(3)-(4)). They may also give directions as to movement or to park and direct persons not to board or to disembark under bicycle and special event rules (rr 25, 33C, 33D).
• Security officers and Police. Security officers and Police share enforcement powers with authorised persons under bicycle rules and may direct boarding or disembarkation where carriage crowding or special events make it necessary (rr 33C(3)-(4); 33D(1)-(2)). They may also effect ejection under the grounds listed in r 43.
• Infringement notice pathway. Regulation 4 designates offences followed by modified penalties as prescribed offences for s 44 of the Act and that modified penalty is the one prescribed for s 45(1)(b). The infringement notice (Schedule 2 Form 1) gives 28 days to pay the modified penalty and warns that failure to pay may lead to court prosecution (Form 1 paragraph 3-4). Form 2 is the withdrawal form used where the Authority withdraws a notice (r 46; Schedule 2 Form 2).
• Retention and property control. Authorised persons may retain paper tickets (r 44(1)(c)) and Authority‑issued payment devices in narrowly defined circumstances (r 44(3)-(4)). Retention is limited to Authority‑issued devices that are registered and either reported lost/stolen or misused contrary to a registered‑user condition.

Evidentiary features and presumptions

• Liquor prosecutions. In prosecutions for consuming liquor, an allegation that a substance was liquor is taken to be proved in the absence of proof to the contrary (r 12(3)), a procedural provision that shifts evidence burdens in liquor cases.
• Sign inscriptions and tenor. Signs placed by the Authority “operate according to their tenor” (r 25(3)), which is an evidentiary rule about construing signs in enforcement.

Administrative discretion and appeal points

• CEO authorisations. The chief executive officer’s written authorisation is central to many authorisation routes and exceptions (see r 12(2), r 14, r 15, r 16(1), r 17, r 18). That creates a single administrative node for permitted departures from the rules.
• Ministerial approval thresholds. The regs limit the requirement for the Minister’s written approval for leases and disposals to certain circumstances (rr 35-36), concretely transferring some commercial decision‑making from Ministerial to Authority control when the operational conditions are met.

Practical enforcement implications

• Many day‑to‑day breaches will be resolved by a $50-$200 modified penalty via an infringement notice. For persons who do not pay, court prosecutions expose them to higher fines (up to $2,000 for higher‑gravity offences). The Authority’s ability to photograph and retain tickets and to read electronic ticket data supports evidence collection; retention of Authority‑issued devices is permitted where devices are registered and reported lost/stolen or misused (r 44). Security officers or authorised persons have express powers to prevent boarding and to remove persons in a range of enumerated circumstances (rr 41-43, 33C-33D).

The enforcement mix is designed to support front‑line control and deterrence while offering an administrative payment route for minor breaches. That accelerates case closure but places the onus on a person to act quickly to contest or pay an infringement notice within the prescribed timeline (Form 1).

The regulations expressly reference and interact with several statutes and subordinate instruments. Those cross‑references establish how duties under the regulations sit alongside other legal regimes.

• Public Transport Authority Act 2003. The regulations operate under the Act: the term Act is defined in r 3 as the Public Transport Authority Act 2003. Regulation 4 explicitly prescribes that offences with “modified penalty” designations are prescribed offences for the purposes of s 44 of the Act and that the modified penalty following the offence is the penalty prescribed for s 45(1)(b) of the Act. Regulation 43 engages with s 65(1) and s 64A(5) of the Act by specifying the circumstances in which a person may be directed to leave Authority property for the purposes of s 65 and by referencing prohibition orders under s 64A(5) (r 43(ga)). Regulations 34-36 operate with the Act’s provisions on secondary functions and Ministerial approval (ss 12(3), 15, 16 of the Act as referenced).
• Government Railways Act 1904. The regulations appear alongside the Government Railways Act in the instrument heading and the compilation. Regulation 24A excludes places to which the Government Railways (Parking Stations) By‑law 1997 applies from Part 4 (r 24A). Regulation 43(h) mentions breaches of the Government Railways Act 1904 as a ground for ejection.
• Tobacco Products Control Act 2006. The definition of tobacco product used in r 11(1A) is taken from the Tobacco Products Control Act 2006 Glossary clause 1. Regulation 11(3) expressly states that the regulation does not limit the operation of the Tobacco Products Control Regulations 2006, thereby preserving the operation of that regulatory regime alongside the smoking prohibition on Authority property.
• Liquor Control Act 1988. Regulation 12(1A) draws its definition of “liquor” from section 3(1) of the Liquor Control Act 1988. The regs therefore fold that statutory meaning into the prohibition on consuming liquor on conveyances and facilities (r 12).
• Firearms Act 2024 and Weapons Act 1999. Regulation 21(a)-(d) uses the Firearms Act 2024 s 5 definitions to define firearms, major firearm parts, prohibited accessories and ammunition. It also uses the Weapons Act 1999 s 3 for controlled weapon, edged weapon or prohibited weapon. That aligns the offences about possession of weapons on Authority property with state weapons controls and definitions (r 21).
• Dog Act 1976. Regulation 41(1)(k) references the Dog Act 1976 s 8 for situations where a person is entitled to be accompanied by an assistance dog. The regulations therefore recognise and defer to statutory rights for assistance animals.
• Reprints Act 1984. Regulation 47 is omitted under the Reprints Act 1984 s 7(4)(f), which is noted in the text and compilation notes.
• By‑laws and standards. The regulations interact with other subordinate instruments. Regulation 24A excludes areas subject to the Government Railways (Parking Stations) By‑law 1997. Regulation 29 mandates the use of Australian Standards 1428 and 2890.6 for the designation and display of parking spaces for vehicles of persons with disability. Regulation 32(3) allows the Authority to publish approved payment mechanisms by Gazette notice, which is a ministerial/administrative publication mechanism.
• Interplay with the Act’s enforcement machinery. The regulations do not operate in isolation for enforcement. Regulation 4 links modified penalty offences in the regulations to the Act’s enforcement provisions (s 44 and s 45(1)(b)). Regulation 43 references and operationalises the Act’s ejection power under s 65. Regulation 45 prescribes the infringement notice form under s 45(1) of the Act; regulation 46 prescribes the withdrawal notice under s 47(1) of the Act. Those cross‑references show enforcement procedure is coordinated with the Act.
• Evidentiary cross‑links. Where the regulations create evidentiary presumptions or procedures, they interact with judicial processes. For example, r 12(3) creates an evidentiary presumption in liquor prosecutions and rr 44(1)-(2) create inspection/retention powers that produce documentary or electronic evidence admissible in prosecution, consistent with criminal procedure under state law.

Mechanically, the regulations are drafted to sit as a subordinate instrument under the Public Transport Authority Act 2003 and to reference external statutes where definitions or procedural cross‑walks are necessary. The design deliberately imports statutory definitions where uniformity is required (e.g. firearms, weapons, tobacco product, liquor, assistance dogs). It also preserves the operation of other regulatory instruments (Tobacco Products Control Regulations) rather than displacing them (r 11(3)). Administrative interactions include the Authority’s capacity to use Gazette notices for approving payment mechanisms (r 32(3)) and designated forms for infringement procedure that tie back to the Act (rr 4, 45-46).

The instrument provides a detailed compilation table that records amendments and their commencement dates. Key changes and insertions over time include:

• 2003 inaugural regulations: The Public Transport Authority Regulations 2003 were published 27 June 2003 and commenced 1 July 2003 (compilation table).
• Late 2003 (12 December 2003) amendments: The Public Transport Authority Amendment Regulations 2003 inserted new provisions (Gazette 12 Dec 2003 p. 5040‑1) and created r 24 definitions and the Part 4 structure for parking (Regulation 24 and r 24A).
• 2005 bicycle rules: Amendment Regulations 2005 (11 Feb 2005) inserted Part 4A , Bicycles on passenger trains (rr 33A-33D), which introduced the peak time/counterflow/peak flow concepts and the specific station boundaries and enforcement powers associated with bicycles (Gazette 11 Feb 2005 p. 696‑699).
• 2007-2009 tweaks: Amendment Regulations in 2007 and 2008, and further amendments in 2009 (Gazette entries given in compilation table) adjusted fines, signage rules and other operational details.
• 2009 and 2013 amendments: The 2009 amendments included (Gazette 27 Mar 2009; 24 Jul 2009) various operational changes. The 2013 amendments (Gazette 5 Nov 2013) updated several penalty amounts and modernised language in parts; r 29 (disabled parking signage following Australian Standards) appears in the 2013 amendments (r 29 inserted: Gazette 5 Nov 2013 p. 4952).
• 2014-2019 adjustments: The regulations were further amended in 2014 (Gazette 13 Jun 2014), 2016 (Gazette 23 Dec 2016), 2018 (Gazette 6 Jul 2018), and 2019 (Gazette 19 Feb 2019) mainly to adjust operational details such as provisions about refusal of passage (r 41) and to maintain the instrument.
• 2020 electronic ticketing changes: Significant structural change occurred in 2020 (SL 2020/183, published 29 Sep 2020, with regs coming into operation 30 Sep 2020) that introduced and defined “electronic ticket”, “payment application”, “payment device” and inserted regulations dealing expressly with electronic ticket use (r 4A), electronic ticket validity (r 5(2)) and powers to retain or read electronic ticket data (r 44 was inserted by SL 2020/183 r 14). These amendments operationalised contactless and device‑based ticketing within the regulatory framework.
• 2022-2024 technical changes: The 2022 amendments (SL 2022/192) and 2023 amendments (SL 2023/75) made various textual adjustments, including multiple cross‑references and penalty fine clarifications. The 2024 amendments (SL 2024/279 and SL 2024/292) updated r 21 to reference the Firearms Act 2024 and made other updates effective to 2025 (compilation table entries show SL 2024/292 with non‑operational commencement dates for certain regs).
• Forms updated in 2023. Schedule 2 Form 1 (infringement notice) and Form 2 (withdrawal of infringement notice) were updated in 2023 (SL 2023/75 r 12).

The compilation table lists every amendment by citation, Gazette page and commencement. Its structure shows frequent incremental updates to adapt to operational changes (e.g. the rise of electronic ticketing in 2020) and to keep cross‑references aligned with new Acts (e.g. Firearms Act 2024 in r 21). The pattern is an initial broad framework in 2003, targeted operational insertions such as bicycle rules in 2005, and later digital and definitional changes in 2020-2024 to accommodate electronic ticketing and updated weapons legislation.

Practically, anyone relying on these regulations must consult the compilation table and the published amendments for commencement details because some amendments operate on different dates for different provisions. The instrument’s compilation table is explicit about which amending regulations have staggered commencements (see entries for 2007, 2008, 2009, 2018, 2019 and 2024 where r 1 and r 2 commence earlier than other regulations).

The regulations as reproduced do not cite or summarise any case law or judicial decisions. The instrument is a compilation of regulations and a compilation table of amendments; it does not itself include or report judicial interpretation, and no court decisions are named in the regulations or in the compilation text.

Where judicial engagement might arise, the regulatory text highlights likely dispute vectors based on statutory mechanics, though no litigation is cited in the instrument itself.

• Infringement notice challenges and prosecutions. The regulations create many modified penalty offences that give rise to infringement notices (r 4). Contested cases may proceed to court where the modified penalty is not paid. The instrument prescribes the infringement form and withdrawal form (rr 45-46; Schedule 2 Forms). Any litigation would typically revolve around evidentiary sufficiency (whether a person produced a valid ticket on demand r 6(1)), whether signage was properly placed and operated “according to its tenor” (r 25(3)), or whether an authorised person’s direction was reasonable under r 41 and the ejection grounds in r 43.
• Evidentiary and retention disputes. The regulations authorise drivers and authorised persons to photograph or copy tickets and to read/download data on electronic tickets (r 44(1)-(2)) and to retain Authority‑issued payment devices in specified circumstances (r 44(3)-(4)). Litigation could conceivably involve property/possession arguments over retained devices or privacy/data handling claims about data copied from electronic tickets, but the regulations themselves confer the inspection and retention powers in those narrow circumstances. The text contains no statutory limitation or procedure regarding retention length, disposal or return beyond the specified reasons for retention, so judicial review or civil claims might be possible routes for a person contesting retention; the instrument does not record any such litigation.
• Administrative law challenges. Decisions by the chief executive officer to grant or refuse written authorisations (for busking, selling, consumption of liquor, affixing material etc.) could attract administrative law scrutiny where procedural fairness or reasonableness are alleged. The regulations centralise these authorisations with the CEO but do not set out a procedural framework for exercising the discretion; litigation risk would depend on the administrative steps taken in each case. The regulations themselves contain no cases or adjudications about such exercises.
• Compatibility and statutory cross‑reference litigation. The regulations incorporate definitions from other Acts (e.g. Firearms Act 2024, Tobacco Products Control Act 2006, Liquor Control Act 1988). Disputes may arise on interpretation where statutory terms diverge across regimes, but the instrument contains no judicial interpretations.

Given the absence of cited cases, researchers and practitioners seeking litigation history must consult court databases and published decisions for the Western Australian courts and tribunals to see whether these regulations or specific provisions (for example retention under r 44, bicycle disembarkation orders under rr 33C-33D, or ejection for refusal of passage under r 41) have produced reported decisions. The regulations provide a map of enforcement powers and potential legal fault lines but do not themselves contain or summarise case law.

These are practical, source‑grounded traps, ambiguities and compliance friction points that arise when applying the regulations.

• Electronic ticket validation timing is strict. Regulation 4A(1) requires a person using an electronic ticket to obtain confirmation from the Authority’s reading apparatus of authorisation to make the journey before or at the start of the journey. That timing can catch users who tap on late or who attempt to validate after the journey starts. For audit and prosecution, r 5(2)(a) makes non‑compliance with r 4A(1) a ground for invalidity. The practical consequence: validation systems, passenger communications and contactless payment design should emphasise pre‑boarding or at‑boarding validation to avoid liability under r 6.
• Electronic tickets carry operational conditions. The Authority may issue or approve tickets subject to other conditions about journeys, places, times, manner and user classes (r 4A(2)). Non‑standard fare products or concessions must be carefully documented and communicated because r 5(1)(f) and r 5(2)(c) make non‑presentation of a required certificate or concession card on demand a ground to treat a ticket as invalid.
• Retention of payment devices is narrow but concrete. Regulation 44(3)-(4) allows retention only of payment devices issued by the Authority and only when the device is registered and the registered user has notified loss/theft (r 44(3)) or when the ticket is being used in breach of a registered‑user‑only condition (r 44(4)). Private card or third‑party device retention is not authorised by these provisions. Stakeholders must ensure their device registration records are accurate because retention rights depend on registration.
• “Smoking” includes e‑cigarettes. The regulations’ explicit definition of e‑cigarette and the use of the verb “smoke” to include use of an e‑cigarette that generates aerosol or vapour mean that vaping is captured by the smoking ban on conveyances and in posted facilities (r 11(1A) and r 11(1)-(2)). Enforcement officers will treat vaping as smoking under regulation language.
• CEO written authorisation is the only express exception route for many activities. Regulations 12, 14-18 (liquor, busking, damage, audible devices, selling/distributing, and food/drink) all provide that activities are offences “unless authorised in writing by the chief executive officer”. The requirement for written CEO approval can create delays for itinerant or ad hoc activities (buskers, temporary market sellers) because the regulation provides no simplified or delegated application process within the text. Operators and individuals must plan for lead times to obtain written authorisations.
• Parking charge versus enforcement cost mismatch. Schedule 1 sets a nominal weekday parking charge of $2 for any 24‑hour period (Schedule 1 item 1). That low fee, together with small modified penalties for many parking offences (often $50 modified/$250 court), may create enforcement cost and administrative recovery mismatch: the Authority may spend more to enforce than it receives in charges unless enforcement is automated or bundled with broader enforcement activities.
• Bicycle peak flows and station limits are geographically specific. Regulation 33C(1) confines counter flow carriage during peak times to not getting any closer to the Perth CBD than Canning Bridge, McIver, City West or Leederville station. Cyclists should be aware these station boundaries are explicit and that a breach carries modified penalty $100/$2,000 court (r 33C(1)). Determining where a passenger is getting “closer to the Perth CBD” may produce operational disputes in edge cases (e.g. interchange or multi‑leg journeys).
• Assisted animal exceptions are cross‑referenced. Regulation 41(1)(k) excludes persons entitled to be accompanied by an assistance dog under the Dog Act 1976 s 8. However, any enforcement or signage that purports to exclude assistance animals must be read consistently with the Dog Act; signage alone will not override a statutory entitlement.
• Ejection grounds are wide and immediate. Regulation 43 lists many circumstances in which an authorised person may direct a person to leave Authority property for the purposes of s 65(1) of the Act. Several grounds require immediate compliance following an authorised person’s instruction, and a failure to comply is an offence under r 42 if the person boards or refuses to alight after being advised under r 41. Operators must train staff on the proper exercise of r 41 and r 43 grounds to avoid unlawful ejections.
• Contradictory or overlapping rules may cause uncertainty. The interaction between signs, authorised persons’ directions and CEO written authorisations can be operationally messy. For example, a sign might prohibit certain activity while the CEO has authorised it in writing for particular events; r 25(4)(a) exempts persons authorised by the CEO from complying with signs, but practical enforcement relies on the authorised person having the written authorisation readily accessible.
• Reporting timelines and payment windows are short. The infringement notice form (Schedule 2 Form 1) provides 28 days to pay the modified penalty (Form 1 para 3). For persons contesting notices, the regulations do not prescribe an internal review process except for the withdrawal notice form (Form 2) and the Form 1 note about sending written reasons to seek withdrawal. Practitioners should note that failure to pay within 28 days exposes the person to court prosecution.
• Possession prohibitions reference other statutes. Regulation 21 imports definitions from the Firearms Act 2024 and the Weapons Act 1999. For anyone carrying equipment that could be construed as a tool or device that may be used for graffiti or that may be a weapon, it is necessary to cross‑check those Acts’ definitions to judge compliance. The regs draw a bright line for syringes: only syringes for lawful administration of prescribed medication are allowed (r 21(b)).

These practical pitfalls suggest front‑line staff need precise procedural checklists, readily accessible authorisation records from the CEO for permitted exceptions, and ticketing systems designed to ensure validation happens before or at journey commencement. For passengers and commercial operators, the main practical risk points are timing of validation, possession definitions tied to external Acts, and the requirement for written CEO authorisation for many activities.

This section sets out concrete, source‑grounded compliance steps for different stakeholders: passengers, operators/Authority staff, commercial actors, and enforcement/legal teams. Each step references the relevant regulations.

Passengers and cyclists

• Validate electronic tickets before or at start of journey. To avoid r 4A(1) and r 5(2)(a) invalidity and the r 6 offence, users of payment applications and payment devices must activate and obtain confirmation from Authority reading apparatus at or before boarding. Where possible, tap or validate at platform or before doors close.
• Carry paper tickets and concession documentation. For paper tickets, confirm the ticket is not torn, visibly altered, or expired (r 5(1)(a)-(g)). If the ticket requires presentation of a certificate or concession card to be used, carry and present that card on demand (r 5(1)(h); r 5(2)(c)).
• Observe signage and authorised person directions. Comply with signs placed by the Authority (r 25(1)-(4)). If an authorised person gives a direction, comply; refusal to comply where the person has been advised under r 41 or r 43 can attract additional penalties (rr 41-43).
• Follow bicycle carriage rules. Cyclists should avoid boarding trains in peak flow directions during peak times (r 33C(2)) and should be aware of permitted counterflow bounds (r 33C(1)). In special events, comply with directions by security officers or authorised persons to not board or to disembark (r 33D).
• Do not carry prohibited items onto Authority property. Check that syringes are for prescribed medication (r 21(b)), and do not carry explosives, firearms, ammunition or prohibited weapons, or tools that could be used for graffiti unless expressly authorised (r 21). If assistance animals are present, carry appropriate documentation or be ready to rely on the Dog Act entitlement (r 41(1)(k)).

Operators, authorised persons, drivers, masters and security officers

• Ensure ticketing systems enable pre‑boarding validation and record keeping. Given the strict timing requirement in r 4A(1) and the inspection rights in r 44(2), operators should configure gates/readers and signage so validation can reliably be completed before or at boarding. Keep logs of ticket reads for evidence when issuing infringement notices.
• Train staff on r 41 and r 43 grounds and the ejection process. These regs create extensive grounds for refusal and ejection. Staff should be trained to identify the listed grounds, to document reasonable grounds, and to follow any Authority protocols for escalation and safe ejection (rr 41-43).
• Maintain written CEO authorisations in an accessible register. Because many exceptions require written CEO authorisation (rr 12(2), 14, 15, 16(1), 17, 18), the Authority should maintain a written authorisation registry that authorised officers can consult or produce when enforcement intersects with an authorised activity.
• Follow retention procedures for tickets and devices. Where paper tickets are retained under r 44(1)(c), provide a voucher to the holder. For Authority‑issued and registered payment devices, ensure formal processes exist to confirm registration and loss/theft reports before retention under r 44(3)-(4). Document retention steps and chain of custody to support prosecution or return.
• Implement clear signage and parking payment mechanisms. Ensure signs placed under r 25 are legible and placed according to the Authority’s internal standards. For paid parking, provide ticket vending machines, approved payment mechanisms and clear instructions for displaying tickets or using approved payment methods per r 32(2)-(3).

Commercial actors, advertisers, buskers and sellers

• Obtain CEO written authorisation before selling or busking. The regulations prohibit selling, offering for sale, or distributing printed matter without CEO written authorisation (r 17(1)-(2)) and prohibit busking or begging without CEO authorisation (r 14). Apply well in advance for authorisation and keep the written authorisation on‑site during the activity.
• For advertising and secondary uses, use the Authority’s secondary functions and leasing pathways. Regulations 34-36 list authorised activities and set ceilings for leases without Ministerial approval. For leases of Crown land not required for operations for periods up to 10 years, Ministerial approval is not required (r 35). For non‑Crown land, disposal of estates without Ministerial approval is permitted for similar terms (r 36). Ensure lease terms do not exceed the thresholds or that Ministerial approval is obtained where necessary.
• Comply with Australian Standards for disabled parking. If proposing to install or use parking spaces for people with disability, follow Australian Standard 1428 for symbol use and Australian Standard 2890.6 for display manner (r 29).

Legal, compliance and administrative teams

• Monitor amendment and commencement dates. The compilation table shows that amendments can have staggered commencement dates. Ensure internal policies reflect the current reprint and the correct commencement dates for each amendment (compilation table).
• Document reasons when issuing or contesting infringement notices. Use Schedule 2 Form 1 and keep records of the decision rationale, photo or electronic ticket logs, witness statements and sign placement to support either prosecution or withdrawal under Form 2 (rr 45-46; Schedule 2).
• Prepare administrative procedures for CEO authorisations. Draft standard application forms, criteria and turnaround times for CEO written authorisations to avoid ad hoc decision‑making and ensure transparency. Maintain audit trails of approvals and refusals.
• Data handling policies for electronic ticket reads. The regulations permit reading, downloading and copying of data on electronic tickets (r 44(2)). Develop data retention, privacy and access policies consistent with broader privacy laws and internal governance, and ensure data collection is minimised to what is “relevant to the person’s authorisation to make a journey” as stated in r 44(2).
• Plan for device retention logistics. Where retention of Authority‑issued payment devices is possible under r 44(3)-(4), create procedures for secure storage, notification to registered users, return or disposal and dispute handling.

Event planners and local councils

• Coordinate with the Authority for special event bike carriage rules. Part 4A allows security officers or authorised persons to restrict boarding or order disembarkation during events that cause high demand (r 33D). Event organisers should coordinate with the Authority well in advance to understand carriage limits and communicate with attendees.

Practical checklists

• For passengers: validate electronic ticket pre‑boarding; carry concession cards; obey signs and authorised directions; do not bring prohibited weapons or graffiti tools; display ACROD permits properly.
• For on‑duty staff: have CEO authorisation register accessible; follow r 44 retention steps and provide vouchers when retaining cash fare tickets; log electronic reads; document refusals and ejection grounds under r 41 and r 43.
• For commercial applicants: apply early for CEO written authorisation; use lease paths under r 35-36 where appropriate; check signage and advertising permissions under r 34.

By following these steps and mapping Authority operational procedures to the specific regulatory provisions cited above (notably rr 3, 4A, 5-6A, 11-18, 21-23, 24-33, 33A-33D, 41-46 and Schedules 1-2), stakeholders reduce exposure to modified penalties and ensure decisions by authorised persons are grounded in the statutory text.