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
Section 1 - Public Transport (Passenger Safety) Act 2008 - Public Transport (Passenger Safety) Act 2008 | Zoe
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