Public Transport (Passenger Safety) Act 2008 (Northern Territory)

The Public Transport (Passenger Safety) Act 2008, as reprinted to 21 January 2026, creates a statutory framework for managing safety and behaviour on buses, at bus stops, bus stations and in bus zones in the Northern Territory. The Act declares its object in its long title: to provide for the safety of passengers on public transport. Mechanically it does the following.

Establishes a class of authorised officers called transit officers, sets eligibility and appointment conditions, and creates a separate class of ex officio transit officers (police, licensed security officers engaged by the Territory, and bus drivers), with differing powers and limits (ss 6-8, 7(1)). Transit officers appointed under the Act are employees and subject to the Public Sector Employment and Management Act 1993 (s 6(4)).
Prescribes a list of behavioural rules that are offences when committed on a bus, at a bus stop, at a bus station or in a bus zone. These include prohibitions on animals (with limited exception), smoking, consuming liquor or dangerous drugs, eating on buses, causing nuisance or offensive language, damaging infrastructure, and travelling without a valid ticket (Part 3, ss 13-21).
Grants transit officers powers to require identity details (name, address, date of birth and identity evidence) where the officer reasonably believes a person has committed, is committing or may assist in investigating a relevant offence (s 24). It criminalises refusal to comply or providing misleading information (s 24(3)-(4)).
Authorises directions to comply with rules of behaviour and ancillary directions, and makes failure to comply a strict liability offence (s 25). Authorises transit officers to require persons to get off buses or leave stops/stations and to use reasonably necessary force to effect removal (s 26).

NORTHERN TERRITORY OF AUSTRALIA PUBLIC TRANSPORT (PASSENGER SAFETY) ACT 2008 As in force at 21 January 2026 Table of provisions Part 1 Preliminary 1 Short title ......................................................................................... 1 2 Commencement .............................................................................. 1 3 Definitions ........................................................................................ 1 4 Offences warranting arrest .............................................................. 3 5 General orders................................................................................. 3 5A Application of Criminal Code ........................................................... 4 Part 2 Transit officers 6 Appointment of transit officers ......................................................... 4 7 Ex officio transit officers ................................................................... 5 8 Identity cards ................................................................................... 5 9 Obligations with regard to identity card ............................................ 6 10 Disqualifying offences ...................................................................... 6 11 Code of conduct .............................................................................. 7 12 Protection from liability .................................................................... 7 Part 3 Rules of behaviour 13 Animals ............................................................................................ 8 14 Smoking........................................................................................... 8 15 Liquor and drugs.............................................................................. 8 16 Consumption of food ....................................................................... 8 17 Damage or interference ................................................................... 8 18 Nuisance or inconvenience.............................................................. 8 19 Offensive language.......................................................................... 9 20 Passenger management.................................................................. 9 21 Passenger to hold valid ticket .......................................................... 9 22 Offence to contravene rule of behaviour.......................................... 9 Part 4 Powers of transit officers 23 Geographical extent of transit officer's powers .............................. 10 24 Power to require statement of name, address and date of birth .... 10 25 Power of direction .......................................................................... 10 26 Power to require a person to get off bus and, on non-compliance, to remove forcibly ............................................... 11 27 Arrest and detention ...................................................................... 12 27A Transit officer to maintain safety and security................................ 12

Public Transport (Passenger Safety) Act 2008 ii 27B Capsicum spray and restraints ...................................................... 13 27C Reasonably necessary .................................................................. 13 27D Director to manage use of force .................................................... 13 28 Search and seizure of dangerous articles ..................................... 14 28A Power to issue banning notice ....................................................... 14 28B Requirements before giving banning notice................................... 15 28C Contents of banning notice ............................................................ 15 28D Effect of banning notice ................................................................. 16 28E Variation or revocation of banning notice ...................................... 16 28F Offence to contravene banning notice ........................................... 17 Part 5 Miscellaneous 29 Internal review ............................................................................... 17 30 No entitlement to refund of fare ..................................................... 17 32 Obstruction of transit officer ........................................................... 17 33 Security cameras or surveillance devices ...................................... 18 34 Prosecutions .................................................................................. 18 35 Infringement notice offences.......................................................... 18 36 Interaction between this Act and the Youth Justice Act 2005 ........ 20 37 Regulations.................................................................................... 20 ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 21 January 2026

PUBLIC TRANSPORT (PASSENGER SAFETY) ACT 2008 An Act to provide for the safety of passengers on public transport Part 1 Preliminary 1 Short title This Act may be cited as the Public Transport (Passenger Safety) Act 2008. 2 Commencement This Act commences on the date fixed by the Administrator by Gazette notice. 3 Definitions In this Act: banning notice means a notice issued under section 28A. bus means a bus that carries passengers on a route service. bus station includes a bus interchange. bus stop means any of the following: (a) if there is a bus zone – the area between the bus zone and the boundary of the land adjacent to the bus zone (including any paths in that area); (b) if there is no bus zone but there is a sign indicating a bus stop – the area between the curb, or the edge of the road, and the boundary of the land adjacent to the road that extends 15 m in either direction;

Part 1 Preliminary Public Transport (Passenger Safety) Act 2008 2 (c) if there is no bus zone and no sign indicating a bus stop – any area beside a road, when a bus stops to pick up or let off a passenger, and the boundary of the land adjacent to the road that extends 10 m from the end of the bus to 10 m from the front of the bus. Note for definition bus stop, paragraph (c) This bus stop only exists while the bus is stopped to pick up or let off a passenger along the road. bus zone means a length of road to which a bus zone sign applies (see Australian Road Rules). code of conduct means the code of conduct for transit officers established by general order issued by the Director under section 5. dangerous drug, see section 3(1) of the Misuse of Drugs Act 1990. Director means the person holding, or acting in, the office of Director of Transport under the Traffic Act 1987. disqualifying offence means an offence classified by the regulations as a disqualifying offence. ex officio transit officer means a person who is a transit officer by virtue of the person's office or position under section 7(1). frisk search means a search conducted by feeling clothing from the outside for objects concealed in or beneath the clothing (but not involving a search of any bodily orifice). offence warranting arrest, see section 4. relevant offence means the following: (a) an offence committed on a bus, at a bus stop, at a bus station or in a bus zone; (b) an offence referred to in section 4(1). route service means the service of providing, under contract with the Territory, a bus to carry prospective passengers along a specific route at specific times. rule of behaviour means a rule or directive set out in Part 3.

Part 1 Preliminary Public Transport (Passenger Safety) Act 2008 3 transit safety vehicle means a vehicle marked as a transit safety vehicle and used by transit officers under this Act. Note for section 3 The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act. 4 Offences warranting arrest (1) Each of the following offences is an offence warranting arrest: (a) an offence against section 47, 47AA, 47A or 50 of the Summary Offences Act 1923 if committed on a bus, at a bus stop, at a bus station or in a bus zone; (b) an offence against section 13(1) or (2), 14(1), 15(1) or (2), 16(1) or 17(2) of the Trespass Act 2023 if committed on a bus, at a bus stop, at a bus station or in a bus zone; (c) an offence against section 241 of the Criminal Code, or an attempt to commit that offence, in relation to a bus stop, a bus station, a bus or a transit safety vehicle; (d) any offence against the Criminal Code involving an assault if: (i) committed on a bus, at a bus stop, at a bus station or in a bus zone; or (ii) committed against a person on a bus, at a bus stop, at a bus station or in a bus zone; or (iii) committed in the vicinity of a bus, a bus stop, at a bus station or in a bus zone against a transit officer exercising a power under this Act. (2) The following offences against this Act are also offences warranting arrest: (a) an offence against section 24(3) or (4), 26(4), 32 or 33; (b) an offence consisting of the contravention of a rule of behaviour if committed or continued after a transit officer has warned the offender that commission or continuance of the offence may lead to arrest. 5 General orders The Director may, by Gazette notice, issue general orders: (a) to establish proper standards of behaviour for transit officers; or

Part 2 Transit officers Public Transport (Passenger Safety) Act 2008 4 (b) for other purposes related to the administration of this Act. Note The code of conduct for transit officers is to be established by general order issued under this section. 5A Application of Criminal Code Part IIAA of the Criminal Code applies to an offence against this Act. Note for section 5A Part IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences. Part 2 Transit officers 6 Appointment of transit officers (1) The Director may appoint transit officers. (2) A person is not eligible for appointment as a transit officer unless the person: (a) has been suitably trained to exercise the powers of a transit officer under this Act; or (b) is appointed on condition that the person will, until successfully completing his or her training as a transit officer, only exercise powers as a transit officer while in the company, and under the direct supervision, of a transit officer who has successfully completed training as such. (3) A person is not eligible for appointment as a transit officer if the person has a previous conviction for a disqualifying offence. (4) A transit officer appointed under this section is an employee for the purposes of, and holds office subject to, the Public Sector Employment and Management Act 1993. (5) Despite the Criminal Records (Spent Convictions) Act 1992 and the Anti-Discrimination Act 1992: (a) an applicant for appointment as a transit officer must authorise the Director to obtain from the Commissioner of Police a criminal history including spent convictions; and

Part 2 Transit officers Public Transport (Passenger Safety) Act 2008 5 (b) the Director may take the criminal history (including the spent convictions) into account in deciding the application; and (c) if the application is successful, the Director may retain the criminal history for as long as the successful applicant holds an appointment as a transit officer. 7 Ex officio transit officers (1) Each of the following is a transit officer by virtue of his or her office or position: (a) a member of the Police Force; (b) a security officer who: (i) holds a licence or provisional licence as a security officer under the Private Security Act 1995; and (ii) is engaged by a security firm that is licensed under that Act and engaged by the Territory to carry out the functions of a security officer on buses, at bus stops, at bus stations or in bus zones; (c) a bus driver. (2) However: (a) a security officer or bus driver is not authorised to exercise a transit officer's power of arrest, power of search, or power to use force against another; and (b) a person is not authorised to exercise powers as an ex officio transit officer while those powers are under suspension; and (c) an ex officio transit officer who is found guilty of a disqualifying offence ceases to hold office as a transit officer. 8 Identity cards (1) The Director must issue an identity card to each transit officer (other than an ex officio transit officer). (2) The identity card must contain: (a) a photograph of the officer; and (b) the name of the officer; and (c) a statement that the person whose name and photograph appear on the card is a transit officer; and

Part 2 Transit officers Public Transport (Passenger Safety) Act 2008 6 (d) the officer's identity number; and (e) a statement that the card is issued under the Director's authority. (3) A person to whom an identity card was issued under this section must, within 14 days after ceasing to be a transit officer, return the identity card to the Director. Fault element: This is an offence of strict liability. Maximum penalty: 20 penalty units. 9 Obligations with regard to identity card (1) A transit officer (other than an ex officio transit officer) must not exercise a power under this Act unless the transit officer holds an identity card issued under this Act. (2) Before exercising a power under this Act against a person, such a transit officer must, wherever practicable, produce the identity card for the inspection of that person (but the card need only be produced once even though 2 or more powers are exercised against the person). (3) Non-compliance by a transit officer with subsection (2) is a defence to a charge based on non-compliance by the person to whom the identity card should have been produced with a requirement or request made by the transit officer under this Act. 10 Disqualifying offences (1) If a transit officer is charged with, or found guilty of, a disqualifying offence, the transit officer must report that fact to the Director as soon as practicable. (2) The Director may suspend any transit officer who is charged with a disqualifying offence while the charge is being dealt with by a court. (3) The Director must revoke the appointment of a transit officer, other than an ex officio transit officer, who is found guilty of a disqualifying offence. (4) A transit officer commits an offence if the officer fails to comply with subsection (1). Maximum penalty: 100 penalty units. (5) An offence against subsection (4) is an offence of strict liability.

Part 2 Transit officers Public Transport (Passenger Safety) Act 2008 7 11 Code of conduct (1) A transit officer, other than an ex officio transit officer who is a member of the Police Force, must not contravene the code of conduct. (2) If a transit officer, other than an ex officio transit officer, appointed under this Act contravenes the code of conduct, the matter may be dealt with as a breach of discipline under the Public Sector Employment and Management Act 1993. (3) If an ex officio transit officer, other than a member of the Police Force, contravenes the code of conduct, the Director may disqualify the person from exercising powers as a transit officer. 12 Protection from liability (1) A person is not civilly or criminally liable for an act done or omitted to be done by the person in good faith in the exercise of a power or performance of a function as a transit officer. (2) Subsection (1) does not affect any liability that the following persons or entities would, apart from that subsection, have for the act or omission: (a) in the case of a transit officer, other than an ex officio transit officer – the Territory; (b) in the case of an ex officio transit officer who is a member of the Police Force – the Territory; (c) in the case of an ex officio transit officer who is a security officer – the employer of the security officer; (d) in the case of an ex officio transit officer who is a bus driver – the employer of the bus driver. (3) This section is subject to Part VIIA of the Police Administration Act 1978 to the extent that it relates to the civil liability of an ex officio transit officer who is or was a member of the Police Force at the time of the act or omission. (4) In this section: exercise of a power includes the purported exercise of the power. performance of a function includes the purported performance of the function.

Part 3 Rules of behaviour Public Transport (Passenger Safety) Act 2008 8 Part 3 Rules of behaviour 13 Animals (1) A person must not bring an animal onto a bus. (2) However, a person who has impaired sight or hearing, and requires the assistance of a guide-dog or a hearing-dog, may bring such a dog onto a bus. 14 Smoking A person must not smoke: (a) on a bus; or (b) in any part of a bus station, or any part of bus stop that is not part of a footpath, unless it is within an area designated as an area where smoking is permitted. 15 Liquor and drugs A person must not consume alcoholic liquor or a dangerous drug while on a bus, at a bus stop or at a bus station. 16 Consumption of food A person must not consume food while on a bus. 17 Damage or interference (1) A person must not, without proper authority, damage or interfere with: (a) a bus; or (b) a bus station; or (c) a bus stop; or (d) a sign or equipment on a bus, at a bus station or at a bus stop. (2) In this section, damage includes the soiling of, or the painting or marking of graffiti on, a bus, bus stop, bus station, sign or equipment. 18 Nuisance or inconvenience A person must not cause a nuisance or inconvenience to others on a bus, at a bus stop or at a bus station.

Part 3 Rules of behaviour Public Transport (Passenger Safety) Act 2008 9 19 Offensive language A person must not use offensive language while on a bus, at a bus stop or at a bus station. 20 Passenger management (1) A person who is asked by a transit officer to move or keep away from a part of the bus not intended for the conveyance of passengers must immediately comply with the request. (2) A person who is reasonably asked by a transit officer to vacate a particular seat must comply with the request as soon as reasonably practicable. (3) A person who causes any part of his or her body, or an object, to project from a bus and who is asked by a transit officer to cease doing so must immediately comply with the request. (4) A person must comply with a reasonable direction given by a transit officer, about how (and by which door) the person is to board or get off the bus. 21 Passenger to hold valid ticket (1) A person must not travel as a passenger on a bus without a valid ticket for the carriage of the passenger for the whole of the journey. (2) A ticket will not be regarded as a valid ticket if it has been defaced so that it is no longer legible. (3) A passenger travelling on a bus on a route service must, if required to do so by a transit officer, produce the passenger's ticket for inspection. 22 Offence to contravene rule of behaviour A person who contravenes a rule of behaviour is guilty of an offence. Fault element: This is an offence of strict liability. Maximum penalty: 20 penalty units.

Part 4 Powers of transit officers Public Transport (Passenger Safety) Act 2008 10 Part 4 Powers of transit officers 23 Geographical extent of transit officer's powers The powers of a transit officer are exercisable: (a) on, or in the vicinity of, a bus; or (b) at, or in the vicinity of, a bus station, bus stop or bus zone. 24 Power to require statement of name, address and date of birth (1) A transit officer may require a person to state the person's name, address and date of birth if the transit officer believes on reasonable grounds that the person: (a) has committed, is committing, or is about to commit, a relevant offence; or (b) may be in a position to assist in the investigation of a relevant offence. (2) A transit officer may require a person who has been required to give details under subsection (1) to provide specified evidence of identity. (3) A person must not refuse or fail to comply with a requirement under this section. Fault element: This is an offence of strict liability. Maximum penalty: 20 penalty units. (4) A person must not provide misleading information, or misleading evidence, in response to a requirement under this section. Fault element: An intention to mislead. Maximum penalty: 100 penalty units or imprisonment for 6 months. 25 Power of direction (1) If a transit officer believes on reasonable grounds that a person has committed, is committing, or is about to commit a contravention of a rule of behaviour, the transit officer: (a) may direct the person to comply with the rules of behaviour in relevant respects; and

Part 4 Powers of transit officers Public Transport (Passenger Safety) Act 2008 11 (b) may give incidental directions that may be appropriate in the circumstances. (2) A person must comply with a direction under subsection (1). Fault element: This is an offence of strict liability. Maximum penalty: 20 penalty units. 26 Power to require a person to get off bus and, on non-compliance, to remove forcibly (1) This section applies in relation to a person who is on a bus, at a bus stop or at a bus station if: (a) the person contravenes a transit officer's direction; or (b) the person contravenes a banning notice; or (c) a transit officer believes on reasonable grounds that the person has committed, is committing, or is about to commit a relevant offence. (1A) A transit officer: (a) may direct the person, as the case requires: (i) to get off the bus; or (ii) to leave the bus stop or the bus station; and (b) may give the person incidental directions that are appropriate in the circumstances, including a direction: (i) not to board the same or another bus; or (ii) to stay away from the bus stop or bus station for a specified period of up to 24 hours. (2) A direction under subsection (1A) must, if practicable, be given in writing but, if it is not practicable to give a written direction, it may be given orally. (3) If a bus is in motion when a direction to get off the bus is given under subsection (1A), the direction requires the person to get off the bus when the bus next stops.

Part 4 Powers of transit officers Public Transport (Passenger Safety) Act 2008 12 (4) A person must comply with a direction under subsection (1A). Fault element: This is an offence of strict liability. Maximum penalty: 20 penalty units. (5) If a person does not comply with a direction under subsection (1A), the transit officer may use such force as is reasonably necessary to remove the person from the bus, the bus stop or the bus station (as the case requires). 27 Arrest and detention (1) If a transit officer believes on reasonable grounds that a person has committed an offence warranting arrest, the officer may (without warrant) arrest and detain the person. (2) A person arrested and detained under this section must (unless released beforehand) be delivered as soon as practicable into the custody of a member of the Police Force to be dealt with according to law. Note The transit officer will take the arrested person to a police station to be delivered into the custody of a member of the Police Force or arrange with the Police for the person to be collected by a member of the Police Force at the place of arrest or some other convenient place. (3) A transit officer may use such force as is reasonably necessary for the arrest or detention of a person under subsection (1). 27A Transit officer to maintain safety and security (1) A transit officer may take reasonable and appropriate steps in order to maintain the safety or security of the following: (a) a route service; (b) buses, bus stations and bus stops; (c) persons on a bus, at a bus station and at a bus stop; (d) transit safety vehicles; (e) signs and equipment on buses, at bus stations and at bus stops. (2) For subsection (1), a transit officer may use the force that is reasonably necessary.

Part 4 Powers of transit officers Public Transport (Passenger Safety) Act 2008 13 (3) Without limiting subsection (1), a transit officer may use the force that is reasonably necessary for the following: (a) in self-defence; (b) to prevent a person from: (i) harming themselves or someone else; or (ii) damaging property; (c) to exercise a power or perform a function for which the use of force is expressly authorised under this Act. 27B Capsicum spray and restraints A transit officer, other than an ex officio transit officer referred to in section 7(1)(b) or (c), lawfully using force under this Act may possess and, if reasonably necessary, use: (a) a device approved by the Director that discharges oleoresin capsicum spray or gel; and (b) restraints approved by the Director. 27C Reasonably necessary Despite any other provision of this Act, the use of force, and in particular the use of a device or restraints referred to in section 27B, by a transit officer under this Act is reasonably necessary only if the transit officer believes on reasonable grounds that: (a) the purpose for which the force, device or restraints are to be used could not reasonably be achieved in another practicable way; and (b) using the force, device or restraints is reasonable in the circumstances. 27D Director to manage use of force (1) The Director must ensure that: (a) to the extent practicable, force is used under this Act only: (i) as a last resort; and (ii) when the use of force is reasonably necessary; and

Part 4 Powers of transit officers Public Transport (Passenger Safety) Act 2008 14 (b) transit officers who use force do so in accordance with this Act. (2) The Director must issue directions in relation to the use of force under this Act, including as to: (a) the circumstances in which, and by whom, force may be used; and (b) the nature of the force that may be used in those circumstances. 28 Search and seizure of dangerous articles (1) A person arrested and detained under this Part may be subjected to a frisk search. (2) The search may be carried out: (a) by the transit officer if the transit officer is of the same sex as the person under arrest; or (b) if not, by a person, acting at the direction of the transit officer, of the same sex as the person under arrest. (3) The person who carries out the frisk search may also search anything apparently in the possession of the person subjected to the search. (4) The person who carries out the search may seize anything that could cause harm to the person under arrest or anyone else (a dangerous article). (5) The person who carries out the search may use such force as is reasonably necessary for the search or the seizure of dangerous articles. (6) A person who carries out a search at the direction of a transit officer has the same immunities from civil and criminal liability as the transit officer. (7) The transit officer must hand over any dangerous article seized in the course of a search to the member of the Police Force who takes custody of the person arrested and detained under this Part. 28A Power to issue banning notice (1) The Director may, in writing, authorise a transit officer, other than an ex officio transit officer, to exercise the power to issue banning notices.

Part 4 Powers of transit officers Public Transport (Passenger Safety) Act 2008 15 (2) A transit officer, authorised by the Director, may issue a banning notice to a person if the officer believes on reasonable grounds that the person: (a) engaged in offensive, threatening, violent or disorderly conduct on a bus, at a bus stop, in a bus zone or at or in the vicinity of a bus station; or (b) damaged a bus, a transit safety vehicle, a bus stop or a bus station; or (c) damaged property on a bus, in a transit safety vehicle, at a bus stop or at a bus station. (3) A banning notice must be served personally on the person. 28B Requirements before giving banning notice (1) If a transit officer intends to issue a banning notice to a person, the officer must inform the person of the officer's intention of issuing the notice. (2) A contravention of subsection (1) by a transit officer does not constitute an offence. 28C Contents of banning notice A banning notice must include the following: (a) the name of the banned person; (b) a description of the conduct for which the person is being issued the notice and the grounds for the transit officer's belief that the person engaged in that conduct; (c) the name of the transit officer issuing the notice; (d) a description of the places to which the ban applies; (e) the date and time when the notice is served on the person and the period of the ban; (f) a statement that it is an offence to contravene the notice; (g) an explanation of how the ban can be varied or revoked.

Part 4 Powers of transit officers Public Transport (Passenger Safety) Act 2008 16 28D Effect of banning notice (1) A banning notice, according to its terms, bans the person from entering or remaining: (a) in or on a bus; or (b) in or at bus stop or bus station. (2) A banning notice has no effect in relation to a public footpath that is part of a bus stop. (3) The notice may ban a person for a period not exceeding the following: (a) if the person was not previously issued a banning notice – 90 days; (b) if the person was previously issued a banning notice – 180 days. (4) The ban starts from the time the banning notice is served on the person. (5) To enforce a banning notice, a transit officer may give a copy of the notice and a photograph of the banned person to: (a) the Director and other transit officers; and (b) bus operators and their employees. 28E Variation or revocation of banning notice (1) A person who is the subject of a banning notice may apply to the Director for it to be varied or revoked. (2) The application must be in writing and state the reasons for the variation or revocation. (3) The Director may, on application or on the Director's own initiative, vary or revoke a banning notice at any time by written notice given to the banned person stating the variation or revocation. (4) A variation may include adding, varying or removing the terms or conditions of a banning notice. Example for subsection (4) The variation could add or remove places to which the banning notice applies. (5) A banning notice cannot be varied to extend the period for which the notice applies.

Part 5 Miscellaneous Public Transport (Passenger Safety) Act 2008 17 (6) The Director may delegate any of the Director's powers and functions under this section to a person, other than the transit officer who issued the banning notice. 28F Offence to contravene banning notice (1) A person commits an offence if: (a) the person is served with a banning notice; and (b) the person attempts to enter, enters or remains in, on or at a place contrary to the banning notice. Maximum penalty: 20 penalty units. (2) An offence against subsection (1) is an offence of strict liability. (3) It is a defence to a prosecution for an offence against subsection (1) if the defendant has a reasonable excuse. Note for subsection (3) The defendant has an evidential burden in relation to this defence (see section 43BU of the Criminal Code). Part 5 Miscellaneous 29 Internal review (1) The Director must establish a system of administrative review for the purposes of dealing effectively with complaints about the conduct of transit officers. (2) The procedures for making a complaint, and the procedures on review, must be published on the Agency's website. 30 No entitlement to refund of fare If a person is directed to get off a bus, or is forcibly removed from a bus, under this Act, no entitlement to a refund of fare arises. 32 Obstruction of transit officer A person must not: (a) obstruct or hinder a transit officer who is carrying out official functions; or

Part 5 Miscellaneous Public Transport (Passenger Safety) Act 2008 18 (b) incite or encourage another to obstruct or hinder a transit officer who is carrying out official functions. Fault element: Intention. Maximum penalty: 100 penalty units or imprisonment for 6 months. 33 Security cameras or surveillance devices A person must not, without proper authority, damage or interfere with a security camera or a surveillance device on a bus, at a bus stop or at a bus station. Fault element: This is an offence of strict liability. Maximum penalty: 100 penalty units or imprisonment for 6 months. 34 Prosecutions (1) Proceedings for an offence against this Act may be commenced by: (a) a member of the Police Force; or (b) a transit officer; or (c) a person authorised by the Director. (2) In a proceeding for an offence against this Act, a certificate signed by the Director certifying any of the following matters is evidence of the matter: (a) that a person named in the certificate was, on a particular day or for a particular period, a transit officer or a person authorised to commence proceedings for an offence against this Act; (b) that a person named in the certificate was authorised to issue banning notices; (c) that a person named in the certificate was served with a banning notice and the details of the banning notice. 35 Infringement notice offences (1) An authorised officer may serve an infringement notice on a person if the officer believes that the person has committed an infringement notice offence.

Part 5 Miscellaneous Public Transport (Passenger Safety) Act 2008 19 (2) An infringement notice must contain the following particulars: (a) the name and address of the alleged offender, if known; (b) the date of the infringement notice and date, time and place of the alleged offence; (c) the nature of the offence, the amount of the infringement notice penalty for the offence and a statement that the offence may be expiated by payment of the infringement notice penalty to a person whose name and address are stated in the notice within 28 days of the date of the notice; (d) a statement that the alleged offender may elect to be charged with, and dealt with by a court for, the alleged offence by completing and returning the relevant part of the notice to a person whose name and address are stated in the notice within 28 days of the date of the notice. (3) If the infringement notice penalty for an alleged offence is paid under this section, the alleged offender is not liable to any further proceedings for the alleged offence unless the infringement notice is withdrawn under subsection (4). (4) An authorised officer may withdraw the infringement notice by serving a written notice of withdrawal (accompanied, if the infringement notice penalty has been paid, by the amount of the penalty) within 28 days of the date of the infringement notice. (5) Service of an infringement notice, or a notice of withdrawal of an infringement notice, is effected: (a) by serving it personally on the alleged offender; or (b) by posting it to the alleged offender at his or her last known address; or (c) by leaving it for the alleged offender at his or her last known place of residence or business with a person who appears to be at least 16 years of age and to be resident or employed there. (6) Payment under this section does not imply any admission of civil liability, nor does it affect or prejudice any civil claim, action or proceeding arising out of the same occurrence. (7) The Fines and Penalties (Recovery) Act 2001 applies to an infringement notice issued under this section if the amount payable under the infringement notice is not paid within the time specified in the notice.

Part 5 Miscellaneous Public Transport (Passenger Safety) Act 2008 20 (8) In this section: authorised officer means: (a) a transit officer; or (b) some other person authorised in writing by the Director to exercise the powers of an authorised officer under this section. infringement notice offence means: (a) an offence against this Act; or (b) an offence against the regulations prescribed as an infringement notice offence. infringement notice penalty means: (a) for an offence against this Act – an amount equivalent to 3% of the maximum monetary penalty prescribed for the offence; (b) for an offence against the regulations – an amount fixed by the regulations as the infringement notice penalty for the offence. paid – if a cheque is given in purported payment of an infringement notice penalty, the penalty is not paid unless and until the cheque is honoured. 36 Interaction between this Act and the Youth Justice Act 2005 A transit officer who is doing, or is about to do, anything to which the Youth Justice Act 2005 would apply if it were to be by a member of the Police Force must comply with the obligations imposed by that Act on a member of the Police Force. 37 Regulations The Administrator may make regulations under this Act.

ENDNOTES Public Transport (Passenger Safety) Act 2008 21 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Public Transport (Passenger Safety) Act 2008 (Act No. 15, 2008) Assent date 18 June 2008 Commenced 18 July 2008 (Gaz S35, 18 July 2008) Statute Law Revision Act 2017 (Act No. 4, 2017) Assent date 10 March 2017 Commenced 12 April 2017 (Gaz G15, 12 April 2017, p 3) Statute Law Revision Act 2018 (Act No. 10, 2018) Assent date 23 May 2018 Commenced 20 June 2018 (Gaz S41, 20 June 2018) Transport Legislation Amendment Act 2022 (Act No. 1, 2022) Assent date 1 March 2022 Commenced 4 May 2022 (Gaz S20, 29 April 2022) Trespass Act 2023 (Act No. 7, 2023) Assent date 6 April 2023 Commenced 1 May 2023 (Gaz G9, 27 April 2023, p 1) Public Transport (Passenger Safety) Amendment Act 2023 (Act No. 12, 2023) Assent date 31 May 2023 Commenced 1 June 2023 (s 2) Transport Legislation Amendment Act 2025 (Act No. 23, 2025) Assent date 12 September 2025 Commenced pts 2, 4, 5 and 6: 21 January 2026 (Gaz S5, 19 January 2026); rem: 18 November 2025 (Gaz S69, 17 November 2025)

ENDNOTES Public Transport (Passenger Safety) Act 2008 22 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 4, 6, 11, 35 and 36. 4 LIST OF AMENDMENTS s 3 amd No. 4, 2017, s 26; No. 1, 2022, s 24; No. 23, 2025, s 43 s 4 amd No. 10, 2018, s 4; No. 1, 2022, s 25; No. 7, 2023, s 34 s 5A ins No. 4, 2017, s 27 s 7 amd No. 1, 2022, s 26 s 10 sub No. 1, 2022, s 27 s 11 amd No. 1, 2022, s 28 s 12 sub No. 1, 2022, s 29 s 14 amd No. 1, 2022, s 30 s 15 amd No. 1, 2022, s 31 s 16 sub No. 1, 2022, s 32 s 17 amd No. 1, 2022, s 33 s 18 amd No. 1, 2022, s 34 s 19 amd No. 1, 2022, s 35 s 21 amd No. 1, 2022, s 36 s 23 amd No. 1, 2022, s 37 s 26 amd No. 1, 2022, s 38; No. 23, 2025, s 44 s 27 amd No. 12, 2023, s 4 s 27A ins No. 12, 2023, s 5 s 27B ins No. 12, 2023, s 5 amd No. 23, 2025, s 45 ss 27C – 27D ins No. 12, 2023, s 5 ss 28A – 28F ins No. 1, 2022, s 39 s 31 rep No. 4, 2017, s 28 s 33 amd No. 1, 2022, s 40 s 34 amd No. 1, 2022, s 41 s 38 rep No. 10, 2018, s 5 sch rep No. 10, 2018, s 5

1 Public Transport (Passenger Safety) Act 2008

The Act organises around a small set of legal concepts. These are the operational levers the statute uses to regulate behaviour and grant powers.

Transit officers and ex officio transit officers. “Transit officer” is a statutory office of appointment by the Director (s 6). “Ex officio transit officer” covers persons who are transit officers by virtue of their existing office or position: members of the Police Force, certain security officers, and bus drivers (s 7(1)). The Act differentiates powers and limits applicable to each group. For example, security officers and bus drivers who are ex officio transit officers are not authorised to exercise powers of arrest, search or use force under the Act (s 7(2)(a)).
Relevant offence and offence warranting arrest. The Act defines “relevant offence” as offences committed in the covered locations or the statutory offences listed in s 4. Section 4 lists offences warranting arrest, including particular Summary Offences and Trespass Act offences (s 4(1)(a)-(d)), Criminal Code offences such as section 241 or assaults in specified contexts, and specified offences under the Act itself (s 4(2)). Where an offence is “warranting arrest” a transit officer may arrest without warrant (s 27(1)).
Rules of behaviour. Part 3 sets out conduct rules (ss 13-21). The rules are location-based; the prohibitions apply on buses and at bus facilities. Many of these are strict liability offences (see s 22; note the statutory labelling of strict liability for some provisions).
Powers to require identity and evidence. Section 24 authorises transit officers to require name, address and date of birth, and evidence of identity, on reasonable grounds that the person has committed, is committing, or may assist in investigating a relevant offence; refusal is a strict liability offence and knowingly providing misleading information is an indictable offence (s 24(3)-(4)).
Direction, removal and use of force. Section 25 empowers transit officers to direct people to comply with rules and give incidental directions; section 26 allows direction to get off buses and leave stops/stations, and authorises force reasonably necessary to remove non-compliant persons (s 26(5)). Sections 27A-27D govern broader use of force, including self-defence, preventing harm or damage, and the Director’s obligation to issue directions and ensure force is a last resort (s 27D).
Search and seizure on arrest. A person arrested under the Part may receive a frisk search and seizure of dangerous articles; the Act constrains searches to same-sex officers or same-sex persons directed to conduct the search and requires handover of seized dangerous articles to police (s 28).
Banning notices. Sections 28A-28F create an administrative exclusion tool. An authorised transit officer may issue a written banning notice where reasonable grounds exist that a person engaged in specified conduct. The Act prescribes content, service, the maximum durations (90 days first time, 180 days repeat), and a statutory offence for contravention. The Act also provides for review, variation and revocation by the Director (ss 28A-28F).
Administrative and evidential rules. The Director may issue general orders, including a code of conduct for transit officers (s 5). Part IIAA of the Criminal Code applies to offences against the Act (s 5A). The Director’s certificates are admissible evidence in prosecutions under s 34(2). Infringement notices and their recovery are governed by s 35 and link to the Fines and Penalties (Recovery) Act 2001 (s 35(7)).

These concepts combine to create a layered enforcement model: behavioural rules backed by summary penalties and infringement notices; policing-style powers (arrest, search and detention) exercised by non‑police transit officers under statutory constraints; administrative exclusion via banning notices; and an internal accountability route through a required complaints and internal review system (s 29). The Director sits at the centre of rule-making, authorisation and oversight functions (ss 5, 28A, 27D).

The statute identifies parties who bear direct duties, who make decisions, who pay penalties and who carry potential liability.

Passengers. The Act primarily constrains behaviour of persons on buses and at bus stops, bus stations and bus zones. Passengers must comply with the rules of behaviour (ss 13-21), produce a valid ticket when required (s 21), comply with transit officer directions (s 25), and provide identity information when lawfully required (s 24). Failure to comply can attract infringement notices, fines, arrest, forced removal and banning notices (ss 22, 24, 26, 27, 28F).
Transit officers. The Director appoints transit officers (s 6). Appointed transit officers must be suitably trained and hold identity cards (ss 6(2), 8-9). They have powers to direct, arrest, detain, search and issue banning notices (when authorised) but are bound by the code of conduct (s 11) and the Director’s directions on use of force (s 27D). They receive statutory protection from civil and criminal liability for acts done in good faith, subject to employer or Territory liability (s 12).
Ex officio transit officers and employers. Police are ex officio transit officers and retain police immunities and obligations (s 7(1)(a), s 12(3) cross-reference). Security officers and bus drivers who are ex officio transit officers have limited powers; they are explicitly not authorised to exercise power of arrest, search or use force under the Act (s 7(2)(a)). Employers of security officers or bus drivers are identified as potentially liable for acts or omissions by their employees (s 12(2)(c)-(d)).
Director of Transport and the Territory. The Director makes general orders, a code of conduct and may authorise transit officers to issue banning notices (ss 5, 28A). The Director must establish an internal review/complaint system and publish procedures online (s 29). The Territory bears civil liability that might attach to transit officers’ acts done in the course of their statutory functions (s 12(2)(a)-(b)).
Bus operators and their employees. To enforce banning notices the Act allows transit officers to give a copy of the notice and a photograph to the Director and to bus operators and their employees (s 28D(5)). Bus operators therefore receive operational information that will affect who they carry and who they must refuse entry to.
Police and authorised officers. Transit officers must hand arrested persons and seized dangerous articles to police (s 27(2), s 28(7)). Section 34 authorises members of Police Force, transit officers or persons authorised by the Director to commence proceedings for offences under the Act.
Persons subject to background checking and retention of records. Applicants for appointment must authorise the Director to obtain criminal histories including spent convictions; the Director may retain those records for as long as the appointee holds appointment, despite the Criminal Records (Spent Convictions) Act 1992 and the Anti-Discrimination Act 1992 (s 6(5)). That imposes an administrative cost and a privacy and discrimination-related effect on applicants and the Director.

Who pays and who decides. Passengers pay penalties and bear risk of removal, arrest and banning. The Director is the central decision-maker for appointments, general orders, codes of conduct, issuing authorisations to issue banning notices, and varies or revokes banning notices (ss 5, 28A, 28E). Transit officers exercise operational decisions subject to the Director’s orders and statutory reasonableness tests.

The Act places particular duties on passengers, transit officers, the Director and certain employers, and also creates rights and defences.

Duties of passengers

Comply with the rules of behaviour on buses and at bus facilities. Contraventions are offences (s 22). Many of these offences are strict liability (s 22 note), meaning absence of fault is not a defence for the actus reus unless specified otherwise.
Produce valid ticket and produce it for inspection when required by a transit officer (s 21).
Comply with directions of transit officers to follow rules of behaviour and incidental directions, including directions on boarding and seating (s 25; s 20).
Provide name, address and date of birth and, if required, specified evidence of identity when a transit officer reasonably believes the person has committed, is committing, or can assist in investigating a relevant offence. Refusal is strict liability (s 24(1)-(3)); providing misleading information is an offence requiring intent (s 24(4)).
Comply with removal directions and leave a bus or bus facility when directed. Failure to comply exposes the person to forcible removal (s 26(1A)-(5)) and possibly arrest if the underlying conduct is an offence warranting arrest (s 27).

Duties and constraints on transit officers

Transit officers must be appointed and trained to exercise their powers (s 6(1)-(2)). A transit officer, other than an ex officio transit officer, must hold and produce an identity card before exercising powers wherever practicable (ss 8-9). Failure to produce the card is a defence for the person subject to the officer’s requirement (s 9(3)).
Transit officers must comply with the code of conduct established by general order (s 11). The Director may take disciplinary action for breaches (s 11(2)-(3)).
Use of force must be “reasonably necessary” , the statute sets a two‑part reasonableness test and directs the Director to manage and issue directions on force (ss 27C-27D). The Act also specifies that devices such as oleoresin capsicum spray and restraints may be possessed and used only by certain transit officers, excluding ex officio security officers and bus drivers (s 27B).
Transit officers must inform people if they intend to issue a banning notice, and banning notices must be served personally and include specified content (ss 28B-28C).

Director’s duties and powers

Create general orders and the code of conduct (s 5).
Authorise transit officers in writing to issue banning notices (s 28A(1)).
Ensure to the extent practicable that force is used only as a last resort and when reasonably necessary; issue directions about circumstances and nature of force (ss 27D(1)-(2)).
Establish and publish procedures for internal review and complaints (s 29).
Vary or revoke banning notices on application or on the Director’s own initiative; may delegate variation powers but not to the issuing transit officer (s 28E(1), (3), (6)).

Rights and defences

A person has a statutory defence against prosecution for failing to comply with an officer who did not, where practicable, produce the identity card (s 9(3)).
A person served with a banning notice has a statutory route to apply for variation or revocation and may assert a reasonable excuse as a defence to contravening a banning notice; the defendant bears an evidential burden on that defence (s 28E(1)-(4), s 28F(3) and note).
Transit officers have statutory protection from civil and criminal liability for acts or omissions done in good faith in the exercise of their powers, but this does not affect civil liability of the Territory or employers in specified cases (s 12).

Procedural and evidential rules

Part IIAA of the Criminal Code applies to offences under this Act, so general principles of criminal responsibility, defences and burden of proof rules in the Criminal Code apply to prosecutions under the Act (s 5A).
The Director’s certificate is admissible as evidence of appointment, authorisation to issue banning notices and service of banning notices in proceedings (s 34(2)).
Infringement notices may be issued, expiated and recovered under s 35 and the Fines and Penalties (Recovery) Act 2001 (s 35(7)).

The Act therefore imposes both positive duties to comply with directions and to provide information and negative constraints on behaviour, while furnishing procedural protections and administrative recourse through the Director’s internal review system and statutory defences.

The Act adopts a mixed enforcement model: criminal penalties, strict liability offences, infringement notices, arrest and banning notices. The Act specifies maximum penalties and, in some instances, the fault element required.

Criminal penalties and strict liability

Many rule-of-behaviour offences carry a maximum penalty of 20 penalty units and are labelled as strict liability. For example, contravention of a rule of behaviour is an offence of strict liability with maximum 20 penalty units (s 22). The Act explicitly marks several offences as strict liability (for example s 9(3) for failing to return identity card; s 33 for damaging surveillance devices).
Some offences carry higher maximum penalties and non-strict fault elements. For example, obstruction or hindrance of a transit officer is an intention-based offence with a maximum penalty of 100 penalty units or imprisonment for 6 months (s 32). Similarly, intentionally providing misleading information under s 24(4) attracts a maximum penalty of 100 penalty units or imprisonment for 6 months.
Offences warranting arrest are listed in s 4. Where an offence is defined as warranting arrest, a transit officer may arrest the person without warrant (s 27(1)). The Act also makes particular offences under other Acts (Summary Offences Act, Trespass Act, Criminal Code) warranting arrest if committed in the relevant locations (s 4).

Arrest, detention and search

Transit officers may arrest without warrant when they reasonably believe a person has committed an offence warranting arrest (s 27(1)). Arrested persons must be delivered into police custody as soon as practicable (s 27(2)).
Transit officers may use such force as is reasonably necessary to arrest or detain persons (s 27(3)) and to remove non-compliant persons from buses or facilities (s 26(5)). The statute sets tests for what constitutes reasonably necessary force (s 27C) and mandates Director oversight (s 27D).
A person arrested and detained may be subjected to a frisk search; searches must be carried out by a person of the same sex, and anything seized that could cause harm must be handed to police (s 28).

Banning notices and enforcement

Banning notices are an administrative exclusion tool. An authorised transit officer may serve a banning notice where they believe on reasonable grounds the person engaged in specified conduct such as offensive, threatening, violent or disorderly conduct, or damaging property (s 28A(2)). Banning notices must be served personally and contain prescribed information (s 28B-28C).
Max durations: first banning notice up to 90 days; repeat banning notice up to 180 days (s 28D(3)). Bans do not apply to public footpaths that are part of a bus stop (s 28D(2)). To enforce a banning notice, transit officers may circulate the notice and a photograph to the Director and bus operators (s 28D(5)).
Contravening a banning notice is a strict liability offence with a maximum penalty of 20 penalty units (s 28F(1)-(2)). A reasonable excuse is available as a defence on balance of evidential burden (s 28F(3) note).

Infringement notices

An authorised officer may issue infringement notices for alleged infringement notice offences (s 35(1)). The Act prescribes particulars an infringement notice must contain (s 35(2)).
For offences against the Act, the infringement notice penalty is defined as an amount equivalent to 3% of the maximum monetary penalty prescribed for the offence (s 35(8)(a)). The Act links unpaid infringement notices to the Fines and Penalties (Recovery) Act 2001 (s 35(7)). The infringement process includes withdrawal and refund rules (s 35(3)-(4)).

Evidential and procedural enforcement aids

The Director’s certificate is evidence in proceedings about appointments, authorisations and service of banning notices (s 34(2)). This shifts some evidential burden to documentary proof from the Director in prosecutions.
Section 34(1) allows police, transit officers or persons authorised by the Director to commence proceedings for offences under the Act, widening prosecutorial access beyond police.

Liability and immunities

Transit officers are shielded from civil or criminal liability for acts done in good faith in exercising powers or functions as a transit officer (s 12(1)). This immunity is subject to carve-outs that preserve potential liability of the Territory or employers depending on the status of the officer (s 12(2)-(3)).
The statute preserves the application of Part IIAA of the Criminal Code to offences under the Act, thus ensuring general criminal law defences apply (s 5A).

The enforcement regime therefore combines non-custodial sanctions (infringement notices, banning notices), custodial powers (arrest and detention leading to police custody), and police‑style use-of-force and search powers vested in non-police officers, all subject to statutory reasonableness tests and Director oversight.

The Act is explicitly cross-referenced to and interacts with several other statutes and statutory instruments. These interactions affect definitions, evidential and procedural matters, appointment and disciplinary regimes, and liability.

Criminal Code

Part IIAA of the Criminal Code applies to an offence against this Act (s 5A). The note explains that Part IIAA sets out general principles of criminal responsibility, defences and burden of proof. This brings general criminal law concepts into prosecutions under the Act and ensures statutory defences in the Criminal Code are available.

Summary Offences Act, Trespass Act and Criminal Code offences

Section 4 designates specified offences under the Summary Offences Act 1923, Trespass Act 2023 and the Criminal Code as “offences warranting arrest” when committed in the covered locations. The Trespass Act amendments (listed in the endnotes) have been integrated into the s 4 list through amendment history (s 4 amended No.7, 2023, s 34).

Traffic Act and Director of Transport

“Director” is defined by reference to the person holding or acting in the office of Director of Transport under the Traffic Act 1987 (s 3). Therefore the Director’s functions under this Act interlock with institutional roles defined in transport legislation.

Public Sector Employment and Management Act and disciplinary regime

Transit officers appointed under s 6(4) are employees for the purposes of the Public Sector Employment and Management Act 1993. That Act governs disciplinary processes and employment conditions for appointed transit officers. The code of conduct contraventions by appointed transit officers may be dealt with as breaches of discipline under that Act (s 11(2)).

Private Security Act 1995 and ex officio status

The Act treats licensed security officers engaged by licensed security firms and engaged by the Territory as ex officio transit officers (s 7(1)(b)). However the Act restricts such security officers from exercising arrest, search or use-of-force powers under the Act (s 7(2)(a)). This creates a boundary between private security authority under the Private Security Act and statutory enforcement powers under this Act.

Criminal Records (Spent Convictions) Act 1992 and Anti-Discrimination Act 1992

Section 6(5) requires applicants for appointment as transit officers to authorise the Director to obtain criminal histories including spent convictions and allows the Director to take these into account and retain them while the person holds appointment. The Act expressly disapplies limits that would otherwise be created by the Spent Convictions and Anti-Discrimination statutes for the appointment context. That creates an exemption from those protective statutes for screening appointment candidates.

Police Administration Act 1978

Section 12(3) preserves the operation of Part VIIA of the Police Administration Act 1978 to the extent it relates to civil liability of ex officio members of the Police Force acting as transit officers.

Misuse of Drugs Act 1990

The Act adopts the Misuse of Drugs Act definition for “dangerous drug” by cross-reference in s 3, which affects application of the prohibition on consuming dangerous drugs on buses and facilities (s 15).

Fines and Penalties (Recovery) Act 2001

Section 35(7) makes the Fines and Penalties (Recovery) Act applicable to unpaid infringement notices issued under s 35.

Youth Justice Act 2005

Transit officers who are about to do anything that would be within the Youth Justice Act if done by a member of the Police Force must comply with the obligations that the Youth Justice Act places on police officers (s 36). This effectively imports youth-specific procedural protections when dealing with young persons.

Regulations and general orders

The Administrator may make regulations under the Act (s 37). Regulations can classify disqualifying offences and prescribe infringement notice offences (s 35(8), s 3 definition). The Director may issue general orders by Gazette, including the code of conduct (s 5). These subordinate instruments are the principal means by which the Act will be operationalised and detailed.

Evidence and prosecution rules

The Director’s certificates are admissible evidence in proceedings under s 34(2). The Act also specifies who may commence proceedings,police, transit officers, or persons authorised by the Director (s 34(1)),which affects enforcement options available to the Territory.

The net effect is that the Act sits within a network of criminal, administrative employment and transport statutes. It borrows definitions, imports criminal responsibility frameworks, reserves certain duties and immunities to the Territory and police, and creates specific exemptions to privacy and spent-conviction protections for appointment and retention of transit officers’ criminal histories.

The reprint includes an endnotes section that records key amendments and commencement dates. The Act has been amended several times since assent in 2008. Relevant legislative history and commencement dates in the reprint are:

Original Act: Public Transport (Passenger Safety) Act 2008, Assent 18 June 2008, Commenced 18 July 2008 (Gaz S35, 18 July 2008) (endnote list).
Statute Law Revision Act 2017 (Act No. 4, 2017): Assent 10 March 2017, Commenced 12 April 2017 (G15). This inserted s 5A to apply Part IIAA of the Criminal Code to offences under this Act (see list: s 5A ins No. 4, 2017, s 27).
Statute Law Revision Act 2018 (Act No. 10, 2018): Assent 23 May 2018, Commenced 20 June 2018. This made formal amendments and repealed certain sections and a schedule noted in the endnotes (s 4 amd No. 10, 2018; s 38 rep No. 10, 2018).
Transport Legislation Amendment Act 2022 (Act No. 1, 2022): Assent 1 March 2022, with parts commencing 4 May 2022 (Gaz S20, 29 April 2022). This Act amended multiple sections across the Public Transport (Passenger Safety) Act, including definitions and operational provisions (see endnotes: s 3 amd No. 1, 2022, s 24; s 4 amd No. 1, 2022, s 25; s 7 amd No. 1, 2022, s 26; and many other amendments listed).
Trespass Act 2023 (Act No. 7, 2023): Assent 6 April 2023, commenced 1 May 2023. Amendments to s 4 incorporated offences under the Trespass Act into the list of offences warranting arrest (s 4 amd No. 7, 2023, s 34).
Public Transport (Passenger Safety) Amendment Act 2023 (Act No. 12, 2023): Assent 31 May 2023, commenced 1 June 2023. This Act inserted ss 27A-27D (28 references showing insertion) and s 27 was amended (s 27 amd No. 12, 2023, s 4). Those insertions created the express statutory framework for transit officers to maintain safety and security, authorised specified force uses, and required Director oversight of force.
Transport Legislation Amendment Act 2025 (Act No. 23, 2025): Assent 12 September 2025. Parts 2, 4, 5 and 6 commenced 21 January 2026; the remainder commenced 18 November 2025 (endnotes). The 2025 Act amended sections including s 26 (s 26 amd No. 23, 2025, s 44) and s 27B was amended (s 27B ins No. 12, 2023, s 5 amd No. 23, 2025, s 45). The reprint reflects those 2025 changes.

The endnotes also list a number of formal or editorial amendments effected by the Interpretation Legislation Amendment Act 2018 to ss 1, 3, 4, 6, 11, 35 and 36, described as formal in endnote 3.

The amendment history shows that the statute has been revised to:

import Criminal Code principles (2017),
adjust cross-references and formal wording (2018),
broaden or clarify enforcement powers and the scope of offences warranting arrest (2022, 2023),
insert express safety, use-of-force and banning mechanisms (2023), and
further fine-tune operational powers and devices authorised (2025).

Where the Act references a specific amendment item in the endnotes, that amendment is reflected in the current operative text. The Director’s powers to make general orders and the Administrator’s power to make regulations remain the means by which the Act’s practical detail will be updated.

The reprinted statute and accompanying endnotes do not include any case citations or judicial decisions. There are no cases named in the text or in the endnotes. The Act references other statutes and cross-references to the Criminal Code, but there is no internal litigation history recorded in the reprint.

Accordingly, from the text alone there is no recorded jurisprudence or reported litigation to draw on for interpretation of the Act’s provisions. Practitioners must therefore rely on statutory language, subordinate instruments (general orders, regulations) and any subsequent case law not recorded in the reprint. The absence of cases in the reprint does not mean none exist; it means the reprint does not report them. Users should search jurisdictional law reports and databases for decisions construing the Act, the powers of transit officers, the validity of banning notices, use of force disputes, or challenges to strict liability offences.

The Act contains several features likely to cause practical traps for passengers, transit officers, operators and agencies. These are concrete statutory mechanisms that create risk or complexity.

Strict liability offences

A number of offences are expressly strict liability. For example, contravening a rule of behaviour (s 22) and failing to return an identity card within 14 days of ceasing employment (s 8(3)) are strict liability offences. This reduces the available defences and shifts evidential burdens. Practitioners should identify which offences carry strict liability and whether procedural safeguards are provided.

Limited authorisation of ex officio transit officers

Security officers and bus drivers are ex officio transit officers but are expressly not authorised to exercise powers of arrest, search or use of force under the Act (s 7(2)(a)). This bifurcated status can cause operational confusion about who may perform which tasks at the scene of an incident. Employers should maintain clear protocols to avoid unauthorised actions by ex officio officers.

Retention of criminal history information

Applicants for appointment must authorise the Director to obtain criminal histories including spent convictions and the Director may retain those records for the duration of appointment despite the Criminal Records (Spent Convictions) Act 1992 and the Anti-Discrimination Act 1992 (s 6(5)). This is a specific statutory carve-out that has privacy and discrimination consequences and can affect hiring decisions.

Use of force authorisation and oversight

The Act permits transit officers to use force that is “reasonably necessary” and allows certain devices and restraints (ss 27B-27C). The Act requires the Director to issue directions and manage use of force (s 27D). The operational risk is that front-line officers will need clear, accessible and current directives; ambiguity about what is reasonable or which devices are authorised could produce liability for the Territory or employers despite the statutory immunity for officers acting in good faith (s 12).

Banning notice thresholds and service

Banning notices are issued on the basis of a transit officer’s reasonable grounds that the person engaged in specified conduct (s 28A(2)). The Act requires the officer to inform the person of the intention to issue the notice before issuing it (s 28B(1)). Banning notices must be served personally (s 28A(3)). There are practical risks around service, proof of service, photographic identification, and ensuring the person was properly informed of the right to apply for variation or revocation (s 28C(e)-(g), s 28E).

No refund of fare after removal

The Act expressly states there is no entitlement to a refund of fare if a person is directed or forcibly removed under the Act (s 30). This is an express economic consequence that passengers and operators should be aware of.

Evidential certificates from the Director

The Director’s certificate is admissible evidence of appointment, authorisation and service (s 34(2)). That creates a streamlined evidential route for prosecutions and may reduce prosecutorial preparation costs, but also requires accurate record-keeping and careful delegation.

Infringement notice quantum

For offences against the Act, an infringement notice penalty is defined as an amount equivalent to 3% of the maximum monetary penalty prescribed for the offence (s 35(8)(a)). For offences with low maximums, the infringement amount may be small; for higher-value maximums, the approach requires calculation and proper communication in notices.

Youth justice procedural overlay

When a transit officer is doing something to which the Youth Justice Act 2005 would apply if done by police, the transit officer must comply with the obligations that Act imposes on police (s 36). Practically, officers must be trained to recognise youth-specific processes and obligations.

Immunity carve-outs

The statutory immunity for transit officers acting in good faith does not displace liability of the Territory or employers for acts or omissions by the officer (s 12(2)). Organisations need to manage residual liability risk, insurance and indemnity arrangements.

Delegation and conflict of interest

The Director may delegate powers under s 28E to vary or revoke banning notices, but not to the transit officer who issued the notice (s 28E(6)). This precludes self-variation by the authorising officer but requires organisational arrangements so that review and variation processes are independent.

Operational dependency on Director’s subordinate instruments

The Act delegates significant detail to the Director and regulations: code-of-conduct general orders (s 5), force directions (s 27D), authorisations to issue banning notices (s 28A(1)), and classification of disqualifying offences via regulations (s 3 definition). Practical compliance therefore depends on subordinate instruments being up to date and accessible.

Chain of custody for seized articles

A transit officer who seizes a dangerous article must hand it to the police who take custody of the arrested person (s 28(7)). Operationally this requires coordination with police to preserve evidence and satisfy procedural requirements for later prosecution.

These “gotchas” are concrete, statute-created operational features. They create compliance and implementation tasks that should be addressed in policy, training and protocols.

Compliance requires coordinated actions by the Director, transit officers, bus operators, security firms, employers, and passengers. The Act identifies several mandatory processes and record-keeping tasks. Below are practical, source-grounded steps and checklists.

For the Director and agency

Issue and publish the code of conduct and general orders under s 5, and make them easily accessible. The code of conduct is a statutory requirement (s 5 note and s 11).
Issue directions on use of force and implement training, as required by s 27D. The Director must ensure force is a last resort and is reasonably necessary (s 27D(1)). Directions should specify circumstances in which oleoresin capsicum devices and restraints may be used, in line with s 27B and s 27C.
Authorise in writing only suitably trained transit officers to issue banning notices (s 28A(1)). Maintain a register of such authorisations and ensure instructions for service and content of banning notices comply with ss 28B-28C.
Establish and publish online the internal complaints and administrative review procedures required by s 29. Ensure complaint handling meets the procedural requirements and timelines implied by the Act.
Implement record management systems to retain lawfully obtained criminal histories of appointed transit officers, in accordance with s 6(5), and ensure secure access and privacy protections.
Ensure the Director’s office can issue evidential certificates under s 34(2) and maintain accurate records of service of banning notices, authorisations and appointments to support prosecutions.

For transit officers and operational managers

Only exercise powers after appropriate training and only if holding a valid identity card unless an ex officio transit officer. Ensure identity cards contain the elements required by s 8 and returned within 14 days of ceasing appointment (s 8(3)).
Produce the identity card for inspection wherever practicable before exercising powers against a person; failure to do so is a defence for the person subject to the officer’s requirement (s 9(2)-(3)).
When requiring name/address/date of birth under s 24, ensure reasonable grounds exist and be prepared to request evidence of identity. Do not rely on speculative grounds as refusal is a strict liability offence for the subject.
When considering issuing a banning notice, inform the person of the intention to issue the notice (s 28B(1)), serve it personally (s 28A(3)) and include the required contents set out in s 28C. Photographs and copies should be maintained for circulation to relevant operational staff and bus operators (s 28D(5)).
Apply the statutory tests for use of force: ensure the purpose cannot reasonably be achieved by another practicable way and that the force is reasonable in the circumstances (s 27C).
When arresting, detaining or using force, act in accordance with Director guidance and be ready to hand arrested persons and seized dangerous articles to police as soon as practicable (ss 27(2), 28(7)).

For bus operators and security firms

Develop protocols to respond to banning notices provided to operators. Ensure staff are trained to refuse entry or require removal of banned persons, consistent with the notice’s terms (s 28D(5)).
Understand the limits on ex officio transit officers: security officers and bus drivers may not exercise powers of arrest, search or use force under this Act (s 7(2)(a)). Clarify what actions are permitted and what must be referred to appointed transit officers or police.
Put in place insurance, indemnity and employment arrangements that acknowledge the potential employer or operator liability described in s 12(2)(c)-(d) where ex officio transit officers act.

For passengers and the public

Carry a valid ticket when travelling (s 21). Ensure tickets are legible; defaced tickets are not valid (s 21(2)).
Comply with transit officer directions and requests to show identity information. Refusal can be a strict liability offence (s 24(3)), and providing misleading information may attract criminal sanctions (s 24(4)).
If issued with a banning notice, note that it must be served personally and contains grounds and an explanation of how to apply for variation or revocation (ss 28A(3), 28C(e)-(g), 28E). Use the Director’s internal review system if appropriate (s 29).
Be aware there is no entitlement to a refund of fare if directed or forcibly removed (s 30).

For compliance systems and training

Train transit officers on the interplay with the Youth Justice Act when dealing with young persons. Transit officers must comply with police obligations under that Act where the Youth Justice Act would apply if the act were by a member of the Police Force (s 36).
Maintain documentation and proof of service for banning notices, including photographs and time-stamped records, to support enforcement and evidential certificates under s 34(2).
Maintain chain-of-custody procedures for seized dangerous articles to ensure items seized in a frisk search are promptly handed to police and properly logged (s 28(7)).
Integrate infringement notice processing with the Fines and Penalties (Recovery) Act procedures for recovery of unpaid penalties (s 35(7)). Ensure the computation of infringement notice amounts for Act offences follows s 35(8)(a) (3% of maximum monetary penalty).
Deploy clear guidance and decision trees for front-line staff around the limits of ex officio powers, when to seek police assistance, and how to manage situations that might require arrest, force or medical assistance.

Practical checklists

For any enforcement action: verify identity card production where practicable (s 9); record reasonable grounds for identity requirements, arrest or banning notices; use written directions where practicable for removal orders (s 26(2)); ensure personal service for banning notices (s 28A(3)); and hand custody and seized items to police (ss 27(2), 28(7)).
For internal review: publish procedures online and track complaints and outcomes in a way that permits audit and supports evidence in prosecutions if required (s 29).

Implementing these compliance actions will require the Director to produce subordinate instruments and training material. Operational success depends on clear delegation arrangements, accurate record-keeping and ongoing coordination with police and bus operators.

Public Transport (Passenger Safety) Act 2008

Plain English Summary

Deep Dive

What it does

Current sections

Public Transport (Passenger Safety) Act 2008

Source text: opening excerpt

1 Public Transport (Passenger Safety) Act 2008

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply