Passenger transport strategies

sec.5 Development of passenger transport strategies

The chief executive must, from time to time, develop for the Minister’s approval passenger transport strategies designed to give effect to the transport coordination plan in accordance with this Act’s objectives. In developing passenger transport strategies, the chief executive must take reasonable steps to engage in public consultation. The Minister may, at any time, direct the chief executive to prepare new passenger transport strategies for the Minister’s approval or to amend passenger transport strategies in the way the Minister directs. The Minister may approve passenger transport strategies submitted for approval by the chief executive or require the chief executive to amend the strategies in the way the Minister directs. The Minister must table a copy of each passenger transport strategy, and each amendment of a passenger transport strategy, approved by the Minister in the Legislative Assembly within 5 sitting days after it is approved. (sec.5-ssec.1) The chief executive must, from time to time, develop for the Minister’s approval passenger transport strategies designed to give effect to the transport coordination plan in accordance with this Act’s objectives. (sec.5-ssec.2) In developing passenger transport strategies, the chief executive must take reasonable steps to engage in public consultation. (sec.5-ssec.3) The Minister may, at any time, direct the chief executive to prepare new passenger transport strategies for the Minister’s approval or to amend passenger transport strategies in the way the Minister directs. (sec.5-ssec.4) The Minister may approve passenger transport strategies submitted for approval by the chief executive or require the chief executive to amend the strategies in the way the Minister directs. (sec.5-ssec.5) The Minister must table a copy of each passenger transport strategy, and each amendment of a passenger transport strategy, approved by the Minister in the Legislative Assembly within 5 sitting days after it is approved.

sec.6 Contents of passenger transport strategies

Passenger transport strategies must include— a statement of the specific objectives sought to be achieved; and proposals for the provision of public passenger transport; and criteria for deciding priorities for government spending on public passenger transport, and options for raising the necessary finance; and appropriate performance indicators for deciding whether, and to what extent, the objectives of the strategies have been achieved. Passenger transport strategies must aim to provide an adequate framework for coordinating and integrating the provision of passenger transport between the different transport modes and different levels of government. Passenger transport strategies may also take into account agreements between the State and the Commonwealth, other States and local governments about passenger transport. If there is an integrated regional transport plan under the Transport Planning and Coordination Act 1994 for an area, the passenger transport strategies for the area must not be inconsistent with, and must give effect to, the plan. s 6 amd 1995 No. 48 s 13 ; 2009 No. 47 s 20 sch ; 2012 No. 31 s 4 (sec.6-ssec.1) Passenger transport strategies must include— a statement of the specific objectives sought to be achieved; and proposals for the provision of public passenger transport; and criteria for deciding priorities for government spending on public passenger transport, and options for raising the necessary finance; and appropriate performance indicators for deciding whether, and to what extent, the objectives of the strategies have been achieved. (sec.6-ssec.2) Passenger transport strategies must aim to provide an adequate framework for coordinating and integrating the provision of passenger transport between the different transport modes and different levels of government. (sec.6-ssec.3) Passenger transport strategies may also take into account agreements between the State and the Commonwealth, other States and local governments about passenger transport. (sec.6-ssec.4) If there is an integrated regional transport plan under the Transport Planning and Coordination Act 1994 for an area, the passenger transport strategies for the area must not be inconsistent with, and must give effect to, the plan.

• (a) a statement of the specific objectives sought to be achieved; and
• (b) proposals for the provision of public passenger transport; and
• (c) criteria for deciding priorities for government spending on public passenger transport, and options for raising the necessary finance; and
• (d) appropriate performance indicators for deciding whether, and to what extent, the objectives of the strategies have been achieved.

Passenger transport implementation programs

sec.7 Development of passenger transport implementation programs

Before the start of each financial year, the chief executive must develop for the Minister’s approval passenger transport implementation programs for the year and for 1 or more later years. A passenger transport implementation program must include a statement of— the policies, projects and financial provisions for implementing the passenger transport strategies; and the performance targets to be achieved. A passenger transport implementation program may include proposals to spend amounts not directly related to public passenger transport if the proposals would contribute to the effectiveness and efficiency of public passenger transport. In developing passenger transport implementation programs, the chief executive must take reasonable steps to engage in public consultation. A passenger transport implementation program must be made available to the public in a way decided by the Minister. The Minister may at any time direct the chief executive to amend a passenger transport implementation program. The Minister may approve passenger transport implementation programs submitted for approval by the chief executive or require the chief executive to amend the programs in the way the Minister directs. (sec.7-ssec.1) Before the start of each financial year, the chief executive must develop for the Minister’s approval passenger transport implementation programs for the year and for 1 or more later years. (sec.7-ssec.2) A passenger transport implementation program must include a statement of— the policies, projects and financial provisions for implementing the passenger transport strategies; and the performance targets to be achieved. (sec.7-ssec.3) A passenger transport implementation program may include proposals to spend amounts not directly related to public passenger transport if the proposals would contribute to the effectiveness and efficiency of public passenger transport. (sec.7-ssec.4) In developing passenger transport implementation programs, the chief executive must take reasonable steps to engage in public consultation. (sec.7-ssec.5) A passenger transport implementation program must be made available to the public in a way decided by the Minister. (sec.7-ssec.6) The Minister may at any time direct the chief executive to amend a passenger transport implementation program. (sec.7-ssec.7) The Minister may approve passenger transport implementation programs submitted for approval by the chief executive or require the chief executive to amend the programs in the way the Minister directs.

• (a) the policies, projects and financial provisions for implementing the passenger transport strategies; and
• (b) the performance targets to be achieved.

sec.8 Consistency with passenger transport strategies

Subject to directions of the Minister, a passenger transport implementation program must be consistent with the passenger transport strategies. If the Minister gives a direction under this section resulting in a passenger transport implementation program being inconsistent with passenger transport strategies, the Minister must table a copy of the direction in the Legislative Assembly within 5 sitting days after it is given. (sec.8-ssec.1) Subject to directions of the Minister, a passenger transport implementation program must be consistent with the passenger transport strategies. (sec.8-ssec.2) If the Minister gives a direction under this section resulting in a passenger transport implementation program being inconsistent with passenger transport strategies, the Minister must table a copy of the direction in the Legislative Assembly within 5 sitting days after it is given.

sec.9 Report on operation of passenger transport programs

Each annual report of the department must include a report on the implementation of passenger transport implementation programs during the year to which the report relates.

Chief executive’s general accountabilities

sec.10 Obligations about public passenger transport

The chief executive must ensure— public passenger transport is developed in a way that— takes into account best practice and national benchmarks; and promotes, within overall transport objectives, the safety of passengers; and encourages efficient, competitive and commercial behaviour in the provision of public passenger transport; and ensures a strategic and integrated approach to the provision of public passenger transport; and promotes energy efficiency and reduces adverse environmental impact; and public passenger transport operates to achieve— efficiency; and cost effectiveness; and the highest quality and accessibility of services, and effective infrastructure, consistent with reasonable cost; and funding provided by the State for public passenger transport is applied in an efficient, cost effective and equitable way. Each annual report of the department must include a report on how effect has been given to subsection (1) during the year to which the report relates. s 10 amd 2009 No. 47 s 21 (sec.10-ssec.1) The chief executive must ensure— public passenger transport is developed in a way that— takes into account best practice and national benchmarks; and promotes, within overall transport objectives, the safety of passengers; and encourages efficient, competitive and commercial behaviour in the provision of public passenger transport; and ensures a strategic and integrated approach to the provision of public passenger transport; and promotes energy efficiency and reduces adverse environmental impact; and public passenger transport operates to achieve— efficiency; and cost effectiveness; and the highest quality and accessibility of services, and effective infrastructure, consistent with reasonable cost; and funding provided by the State for public passenger transport is applied in an efficient, cost effective and equitable way. (sec.10-ssec.2) Each annual report of the department must include a report on how effect has been given to subsection (1) during the year to which the report relates.

• (a) public passenger transport is developed in a way that— (i) takes into account best practice and national benchmarks; and (ii) promotes, within overall transport objectives, the safety of passengers; and (iii) encourages efficient, competitive and commercial behaviour in the provision of public passenger transport; and (iv) ensures a strategic and integrated approach to the provision of public passenger transport; and (v) promotes energy efficiency and reduces adverse environmental impact; and
• (i) takes into account best practice and national benchmarks; and
• (ii) promotes, within overall transport objectives, the safety of passengers; and
• (iii) encourages efficient, competitive and commercial behaviour in the provision of public passenger transport; and
• (iv) ensures a strategic and integrated approach to the provision of public passenger transport; and
• (v) promotes energy efficiency and reduces adverse environmental impact; and
• (b) public passenger transport operates to achieve— (i) efficiency; and (ii) cost effectiveness; and (iii) the highest quality and accessibility of services, and effective infrastructure, consistent with reasonable cost; and
• (i) efficiency; and
• (ii) cost effectiveness; and
• (iii) the highest quality and accessibility of services, and effective infrastructure, consistent with reasonable cost; and
• (c) funding provided by the State for public passenger transport is applied in an efficient, cost effective and equitable way.
• (i) takes into account best practice and national benchmarks; and
• (ii) promotes, within overall transport objectives, the safety of passengers; and
• (iii) encourages efficient, competitive and commercial behaviour in the provision of public passenger transport; and
• (iv) ensures a strategic and integrated approach to the provision of public passenger transport; and
• (v) promotes energy efficiency and reduces adverse environmental impact; and
• (i) efficiency; and
• (ii) cost effectiveness; and
• (iii) the highest quality and accessibility of services, and effective infrastructure, consistent with reasonable cost; and

General

sec.23 Purpose of driver authorisation

The purpose of driver authorisation is to maximise public confidence in public passenger services in relation to the drivers of public passenger vehicles. Without limiting subsection (1) , the purpose includes ensuring that drivers of public passenger vehicles— are suitable persons to drive public passenger vehicles having regard to the need to provide for the personal safety of passengers and their property, and the public; and conduct themselves responsibly with passengers and the public; and are responsible in the act of driving and are capable of safely operating the relevant type of vehicle; and are aware of their customer service responsibilities; and are held accountable for complying with any prescribed requirements. Without limiting subsection (1) or (2) , the purpose also includes ensuring that drivers do not damage the reputation of public passenger transport. In deciding whether to grant driver authorisation to a person, or to renew or amend, impose a condition on, or suspend or cancel a person’s driver authorisation, the chief executive must take into consideration— the purpose of driver authorisation mentioned in subsections (1) to (3) ; and the paramount principle mentioned in section 33A that children and other vulnerable members of the community must be protected. s 23 sub 2004 No. 9 s 12A amd 2024 No. 2 s 36 (sec.23-ssec.1) The purpose of driver authorisation is to maximise public confidence in public passenger services in relation to the drivers of public passenger vehicles. (sec.23-ssec.2) Without limiting subsection (1) , the purpose includes ensuring that drivers of public passenger vehicles— are suitable persons to drive public passenger vehicles having regard to the need to provide for the personal safety of passengers and their property, and the public; and conduct themselves responsibly with passengers and the public; and are responsible in the act of driving and are capable of safely operating the relevant type of vehicle; and are aware of their customer service responsibilities; and are held accountable for complying with any prescribed requirements. (sec.23-ssec.3) Without limiting subsection (1) or (2) , the purpose also includes ensuring that drivers do not damage the reputation of public passenger transport. (sec.23-ssec.4) In deciding whether to grant driver authorisation to a person, or to renew or amend, impose a condition on, or suspend or cancel a person’s driver authorisation, the chief executive must take into consideration— the purpose of driver authorisation mentioned in subsections (1) to (3) ; and the paramount principle mentioned in section 33A that children and other vulnerable members of the community must be protected.

• (a) are suitable persons to drive public passenger vehicles having regard to the need to provide for the personal safety of passengers and their property, and the public; and
• (b) conduct themselves responsibly with passengers and the public; and
• (c) are responsible in the act of driving and are capable of safely operating the relevant type of vehicle; and
• (d) are aware of their customer service responsibilities; and
• (e) are held accountable for complying with any prescribed requirements.
• (a) the purpose of driver authorisation mentioned in subsections (1) to (3) ; and
• (b) the paramount principle mentioned in section 33A that children and other vulnerable members of the community must be protected.

sec.24 What is driver authorisation

Driver authorisation is an authorisation that authorises the holder of the authorisation to drive a vehicle to provide a public passenger service of a particular kind. s 24 sub 1997 No. 66 s 64 amd 2004 No. 9 s 13 ; 2011 No. 12 s 76 ; 2017 No. 18 s 6 sub 2019 No. 24 s 120

Section sec.25

s 25 amd 1995 No. 32 s 23 sch om 1997 No. 66 s 64

sec.26 Requirements about driver authorisation

A regulation may prescribe requirements about driver authorisation. Without limiting subsection (1) , a regulation may make provisions that— relate to the applicant’s ability to drive safely a public passenger vehicle of the relevant category; and include requirements about the medical fitness of applicants for, and holders of, driver authorisation; and require compliance with the Anti-Discrimination Act 1991 ; and relate to customer service; and relate to the reliability of a public passenger service; and require compliance with another Act, or a provision of another Act, that would promote safety or customer service. s 26 amd 2000 No. 6 s 48 ; 2007 No. 6 s 37 ; 2012 No. 31 s 33 sch ; 2017 No. 18 s 7 ; 2017 No. 18 s 7 sub 2024 No. 2 s 37 (sec.26-ssec.1) A regulation may prescribe requirements about driver authorisation. (sec.26-ssec.2) Without limiting subsection (1) , a regulation may make provisions that— relate to the applicant’s ability to drive safely a public passenger vehicle of the relevant category; and include requirements about the medical fitness of applicants for, and holders of, driver authorisation; and require compliance with the Anti-Discrimination Act 1991 ; and relate to customer service; and relate to the reliability of a public passenger service; and require compliance with another Act, or a provision of another Act, that would promote safety or customer service.

• (a) relate to the applicant’s ability to drive safely a public passenger vehicle of the relevant category; and
• (b) include requirements about the medical fitness of applicants for, and holders of, driver authorisation; and
• (c) require compliance with the Anti-Discrimination Act 1991 ; and
• (d) relate to customer service; and
• (e) relate to the reliability of a public passenger service; and
• (f) require compliance with another Act, or a provision of another Act, that would promote safety or customer service.

sec.27 Driver must hold driver authorisation

A person must not drive a vehicle to provide a public passenger service unless the person holds driver authorisation for the service. Maximum penalty— if the person does not hold driver authorisation— for a first offence—100 penalty units; or for a second or later offence—200 penalty units; See sections 150B and 150C in relation to the application of the penalty for this subsection. if the person holds driver authorisation to provide a public passenger service other than the public passenger service provided by the person—20 penalty units. Subsection (1) does not apply to a person driving a vehicle to provide a public passenger service if the service is— not provided on a road; or provided using a light rail vehicle; or prescribed by regulation as a service to which this section does not apply. s 27 amd 2004 No. 9 s 13A sub 2017 No. 18 s 8 ; 2019 No. 24 s 121 (sec.27-ssec.1) A person must not drive a vehicle to provide a public passenger service unless the person holds driver authorisation for the service. Maximum penalty— if the person does not hold driver authorisation— for a first offence—100 penalty units; or for a second or later offence—200 penalty units; See sections 150B and 150C in relation to the application of the penalty for this subsection. if the person holds driver authorisation to provide a public passenger service other than the public passenger service provided by the person—20 penalty units. (sec.27-ssec.2) Subsection (1) does not apply to a person driving a vehicle to provide a public passenger service if the service is— not provided on a road; or provided using a light rail vehicle; or prescribed by regulation as a service to which this section does not apply.

• (a) if the person does not hold driver authorisation— (i) for a first offence—100 penalty units; or (ii) for a second or later offence—200 penalty units; Note— See sections 150B and 150C in relation to the application of the penalty for this subsection.
• (i) for a first offence—100 penalty units; or
• (ii) for a second or later offence—200 penalty units;
• (b) if the person holds driver authorisation to provide a public passenger service other than the public passenger service provided by the person—20 penalty units.
• (i) for a first offence—100 penalty units; or
• (ii) for a second or later offence—200 penalty units;
• (a) not provided on a road; or
• (b) provided using a light rail vehicle; or
• (c) prescribed by regulation as a service to which this section does not apply.

sec.27A Person must use drivers that hold driver authorisation

A person must not provide a public passenger service unless the person uses a driver who holds driver authorisation for the service. Maximum penalty— if the driver does not hold driver authorisation—160 penalty units; or if the driver holds driver authorisation to provide a public passenger service other than the public passenger service provided by the driver—20 penalty units. For subsection (1) , a person provides a public passenger service if the person— is an operator of the service; or for a booked hire service—provides a booking service for the service. Subsection (1) does not apply to a person providing a public passenger service if the service is— not provided on a road; or provided using a light rail vehicle; or prescribed by regulation as a service to which this section does not apply. s 27A ins 2019 No. 24 s 121 (sec.27A-ssec.1) A person must not provide a public passenger service unless the person uses a driver who holds driver authorisation for the service. Maximum penalty— if the driver does not hold driver authorisation—160 penalty units; or if the driver holds driver authorisation to provide a public passenger service other than the public passenger service provided by the driver—20 penalty units. (sec.27A-ssec.2) For subsection (1) , a person provides a public passenger service if the person— is an operator of the service; or for a booked hire service—provides a booking service for the service. (sec.27A-ssec.3) Subsection (1) does not apply to a person providing a public passenger service if the service is— not provided on a road; or provided using a light rail vehicle; or prescribed by regulation as a service to which this section does not apply.

• (a) if the driver does not hold driver authorisation—160 penalty units; or
• (b) if the driver holds driver authorisation to provide a public passenger service other than the public passenger service provided by the driver—20 penalty units.
• (a) is an operator of the service; or
• (b) for a booked hire service—provides a booking service for the service.
• (a) not provided on a road; or
• (b) provided using a light rail vehicle; or
• (c) prescribed by regulation as a service to which this section does not apply.

sec.28 Responsibility for system of driver authorisation

The chief executive is responsible for administering the scheme of driver authorisation. If a person to whom the chief executive delegates powers about driver authorisation that are prescribed by regulation fails, without reasonable excuse, to comply with a condition of the delegation, the person commits an offence. Maximum penalty—160 penalty units. (sec.28-ssec.1) The chief executive is responsible for administering the scheme of driver authorisation. (sec.28-ssec.2) If a person to whom the chief executive delegates powers about driver authorisation that are prescribed by regulation fails, without reasonable excuse, to comply with a condition of the delegation, the person commits an offence. Maximum penalty—160 penalty units.

sec.28A Ineligibility for driver authorisation—category A driver disqualifying offences

A person is ineligible to apply for or hold driver authorisation if the person has been convicted of a category A driver disqualifying offence. s 28A ins 2004 No. 9 s 13B

sec.28B Driver authorisation—category B driver disqualifying offences

This section applies if the chief executive is aware that a person who is an applicant for driver authorisation or who holds driver authorisation has been convicted of a category B driver disqualifying offence. The chief executive must give the person written notice of the chief executive’s intention to refuse to grant or renew, or to cancel, the driver authorisation (the exclusion action ) unless the person demonstrates to the chief executive’s satisfaction that an exceptional case exists. A person with no other criminal history was convicted of unlawful penile intercourse 30 years ago and placed on a good behaviour bond after being involved in a consensual sexual relationship with a 15 year old when the person was 17. The chief executive must give the person a written notice about the exclusion action— identifying the category B driver disqualifying offence of which the person has been convicted; and stating the requirements of subsection (7) ; and giving the person an opportunity to make written representations about the category B driver disqualifying offence and the exclusion action within 28 days. Subsection (4) applies only if the person has been convicted of a category B driver disqualifying offence that is also a serious offence or disqualifying offence under the Working with Children Check Act 2000 to the extent that any qualification under that Act applies to the serious offence or disqualifying offence. The chief executive must ask the chief executive (employment screening) whether the chief executive (employment screening) considers an exceptional case exists. For subsection (4) , the chief executive may give to the chief executive (employment screening) the information, including any written representations mentioned under subsection (3) (c) , the chief executive reasonably considers necessary for the chief executive (employment screening) to consider whether an exceptional case exists. Also for subsection (4) , the chief executive is taken to have made the request under that subsection if the chief executive obtains confirmation from the chief executive (employment screening) that a person is the holder of a working with children clearance under the Working with Children Check Act 2000 that is not suspended under that Act. The chief executive (employment screening) may give the chief executive the advice requested under subsection (4) . However, if subsection (4B) applies, the chief executive (employment screening) is taken to have advised the chief executive that the chief executive (employment screening) considers that an exceptional case exists. Without limiting the chief executive’s power to take the exclusion action if the advice of the chief executive (employment screening) was requested under subsection (4) , the chief executive— must take the advice of the chief executive (employment screening) into account; and can not be satisfied that an exceptional case exists if the chief executive (employment screening) advises the chief executive that the chief executive (employment screening) considers an exceptional case does not exist. The chief executive must consider any written representations made by the person and must take the exclusion action unless the chief executive, subject to subsection (6) and the paramount principle mentioned in section 33A , is satisfied that an exceptional case exists. Nothing in this section limits action the chief executive may take under any other provision of this Act. s 28B ins 2004 No. 9 s 13B amd 2005 No. 49 s 51 ; 2009 No. 47 s 21A ; 2011 No. 12 s 77 ; 2014 No. 28 s 105 sch 1 ; 2019 No. 18 s 86 (2) sch 2 ; 2023 No. 1 s 97 s ch 1 pt 2 ; 2024 No. 49 s 130 sch 4 pt 1 (sec.28B-ssec.1) This section applies if the chief executive is aware that a person who is an applicant for driver authorisation or who holds driver authorisation has been convicted of a category B driver disqualifying offence. (sec.28B-ssec.2) The chief executive must give the person written notice of the chief executive’s intention to refuse to grant or renew, or to cancel, the driver authorisation (the exclusion action ) unless the person demonstrates to the chief executive’s satisfaction that an exceptional case exists. A person with no other criminal history was convicted of unlawful penile intercourse 30 years ago and placed on a good behaviour bond after being involved in a consensual sexual relationship with a 15 year old when the person was 17. (sec.28B-ssec.3) The chief executive must give the person a written notice about the exclusion action— identifying the category B driver disqualifying offence of which the person has been convicted; and stating the requirements of subsection (7) ; and giving the person an opportunity to make written representations about the category B driver disqualifying offence and the exclusion action within 28 days. (sec.28B-ssec.3A) Subsection (4) applies only if the person has been convicted of a category B driver disqualifying offence that is also a serious offence or disqualifying offence under the Working with Children Check Act 2000 to the extent that any qualification under that Act applies to the serious offence or disqualifying offence. (sec.28B-ssec.4) The chief executive must ask the chief executive (employment screening) whether the chief executive (employment screening) considers an exceptional case exists. (sec.28B-ssec.4A) For subsection (4) , the chief executive may give to the chief executive (employment screening) the information, including any written representations mentioned under subsection (3) (c) , the chief executive reasonably considers necessary for the chief executive (employment screening) to consider whether an exceptional case exists. (sec.28B-ssec.4B) Also for subsection (4) , the chief executive is taken to have made the request under that subsection if the chief executive obtains confirmation from the chief executive (employment screening) that a person is the holder of a working with children clearance under the Working with Children Check Act 2000 that is not suspended under that Act. (sec.28B-ssec.5) The chief executive (employment screening) may give the chief executive the advice requested under subsection (4) . (sec.28B-ssec.5A) However, if subsection (4B) applies, the chief executive (employment screening) is taken to have advised the chief executive that the chief executive (employment screening) considers that an exceptional case exists. (sec.28B-ssec.6) Without limiting the chief executive’s power to take the exclusion action if the advice of the chief executive (employment screening) was requested under subsection (4) , the chief executive— must take the advice of the chief executive (employment screening) into account; and can not be satisfied that an exceptional case exists if the chief executive (employment screening) advises the chief executive that the chief executive (employment screening) considers an exceptional case does not exist. (sec.28B-ssec.7) The chief executive must consider any written representations made by the person and must take the exclusion action unless the chief executive, subject to subsection (6) and the paramount principle mentioned in section 33A , is satisfied that an exceptional case exists. (sec.28B-ssec.8) Nothing in this section limits action the chief executive may take under any other provision of this Act.

• (a) identifying the category B driver disqualifying offence of which the person has been convicted; and
• (b) stating the requirements of subsection (7) ; and
• (c) giving the person an opportunity to make written representations about the category B driver disqualifying offence and the exclusion action within 28 days.
• (a) must take the advice of the chief executive (employment screening) into account; and
• (b) can not be satisfied that an exceptional case exists if the chief executive (employment screening) advises the chief executive that the chief executive (employment screening) considers an exceptional case does not exist.

sec.28C Driver authorisation—category C driver disqualifying offences

This section applies if the chief executive is aware that a person who is an applicant for driver authorisation or who holds driver authorisation has been convicted of a category C driver disqualifying offence. Without limiting the grounds on which the chief executive may deal with the application or the driver authorisation, the chief executive may do any of the following (the proposed action )— refuse to grant driver authorisation to the person; refuse to renew the person’s driver authorisation; suspend or cancel the person’s driver authorisation. The chief executive must give the person written notice of the proposed action. Nothing in this section limits action the chief executive may take under any other provision of this Act. s 28C ins 2004 No. 9 s 13B (sec.28C-ssec.1) This section applies if the chief executive is aware that a person who is an applicant for driver authorisation or who holds driver authorisation has been convicted of a category C driver disqualifying offence. (sec.28C-ssec.2) Without limiting the grounds on which the chief executive may deal with the application or the driver authorisation, the chief executive may do any of the following (the proposed action )— refuse to grant driver authorisation to the person; refuse to renew the person’s driver authorisation; suspend or cancel the person’s driver authorisation. (sec.28C-ssec.3) The chief executive must give the person written notice of the proposed action. (sec.28C-ssec.4) Nothing in this section limits action the chief executive may take under any other provision of this Act.

• (a) refuse to grant driver authorisation to the person;
• (b) refuse to renew the person’s driver authorisation;
• (c) suspend or cancel the person’s driver authorisation.

sec.29 Granting, renewing or refusing driver authorisation

A regulation may make provision about granting, renewing, or refusing to grant or renew, driver authorisation. Without limiting subsection (1) , a regulation may authorise the chief executive— to impose a condition when granting driver authorisation to a person or renewing a person’s driver authorisation; or to refuse to grant driver authorisation to a person or to renew the person’s driver authorisation if the person— has been convicted of a category C driver disqualifying offence; or has been charged with a driver disqualifying offence and the charge has not been finally disposed of. Also, without limiting subsection (1) , a regulation may provide for the following— an authorising document; an authorising document to be in the form of a card or something similar approved by the chief executive and on which information may be stored electronically; a PIN to be used by the holder of driver authorisation as a security measure to protect information stored electronically on an authorising document. Further, without limiting subsections (1) to (3) , a regulation may provide that— an authorising document may include on it information about— the kinds of public passenger services for which the holder of the authorisation is an authorised driver; or another transport authority held by the person under a prescribed transport Act, if allowed under that Act; or information about driver authorisation may be included on another transport authority. See also the Transport Planning and Coordination Act 1994 , section 36G for smartcard transport authorities. In this section— prescribed transport Act means— the Tow Truck Act 2023 ; or the Transport Operations (Road Use Management) Act 1995 . transport authority means— a driver accreditation or an assistant accreditation under the Tow Truck Act 2023 ; or a prescribed authority (other than a Queensland driver licence) under the Transport Operations (Road Use Management) Act 1995 . s 29 amd 2004 No. 9 s 13C ; 2008 No. 71 s 20 (amd 2010 No. 13 s 70 ); 2017 No. 18 s 9 ; 2023 No. 28 s 195 (sec.29-ssec.1) A regulation may make provision about granting, renewing, or refusing to grant or renew, driver authorisation. (sec.29-ssec.2) Without limiting subsection (1) , a regulation may authorise the chief executive— to impose a condition when granting driver authorisation to a person or renewing a person’s driver authorisation; or to refuse to grant driver authorisation to a person or to renew the person’s driver authorisation if the person— has been convicted of a category C driver disqualifying offence; or has been charged with a driver disqualifying offence and the charge has not been finally disposed of. (sec.29-ssec.3) Also, without limiting subsection (1) , a regulation may provide for the following— an authorising document; an authorising document to be in the form of a card or something similar approved by the chief executive and on which information may be stored electronically; a PIN to be used by the holder of driver authorisation as a security measure to protect information stored electronically on an authorising document. (sec.29-ssec.4) Further, without limiting subsections (1) to (3) , a regulation may provide that— an authorising document may include on it information about— the kinds of public passenger services for which the holder of the authorisation is an authorised driver; or another transport authority held by the person under a prescribed transport Act, if allowed under that Act; or information about driver authorisation may be included on another transport authority. See also the Transport Planning and Coordination Act 1994 , section 36G for smartcard transport authorities. (sec.29-ssec.5) In this section— prescribed transport Act means— the Tow Truck Act 2023 ; or the Transport Operations (Road Use Management) Act 1995 . transport authority means— a driver accreditation or an assistant accreditation under the Tow Truck Act 2023 ; or a prescribed authority (other than a Queensland driver licence) under the Transport Operations (Road Use Management) Act 1995 .

• (a) to impose a condition when granting driver authorisation to a person or renewing a person’s driver authorisation; or
• (b) to refuse to grant driver authorisation to a person or to renew the person’s driver authorisation if the person— (i) has been convicted of a category C driver disqualifying offence; or (ii) has been charged with a driver disqualifying offence and the charge has not been finally disposed of.
• (i) has been convicted of a category C driver disqualifying offence; or
• (ii) has been charged with a driver disqualifying offence and the charge has not been finally disposed of.
• (i) has been convicted of a category C driver disqualifying offence; or
• (ii) has been charged with a driver disqualifying offence and the charge has not been finally disposed of.
• (a) an authorising document;
• (b) an authorising document to be in the form of a card or something similar approved by the chief executive and on which information may be stored electronically;
• (c) a PIN to be used by the holder of driver authorisation as a security measure to protect information stored electronically on an authorising document.
• (a) an authorising document may include on it information about— (i) the kinds of public passenger services for which the holder of the authorisation is an authorised driver; or (ii) another transport authority held by the person under a prescribed transport Act, if allowed under that Act; or
• (i) the kinds of public passenger services for which the holder of the authorisation is an authorised driver; or
• (ii) another transport authority held by the person under a prescribed transport Act, if allowed under that Act; or
• (b) information about driver authorisation may be included on another transport authority.
• (i) the kinds of public passenger services for which the holder of the authorisation is an authorised driver; or
• (ii) another transport authority held by the person under a prescribed transport Act, if allowed under that Act; or
• (a) the Tow Truck Act 2023 ; or
• (b) the Transport Operations (Road Use Management) Act 1995 .
• (a) a driver accreditation or an assistant accreditation under the Tow Truck Act 2023 ; or
• (b) a prescribed authority (other than a Queensland driver licence) under the Transport Operations (Road Use Management) Act 1995 .

sec.29AA Smartcard driver authorisation is property of the State

A smartcard driver authorisation is and remains the property of the State. Subsection (1) applies even though a person other than the State— has the right to use information that is on the smartcard driver authorisation or stored electronically on it; or has the right to have information stored on the smartcard driver authorisation. The State is not legally liable for an act or omission relating to the keeping or use of the smartcard driver authorisation. s 29AA ins 2008 No. 71 s 20A (amd 2010 No. 13 s 71 ) (sec.29AA-ssec.1) A smartcard driver authorisation is and remains the property of the State. (sec.29AA-ssec.2) Subsection (1) applies even though a person other than the State— has the right to use information that is on the smartcard driver authorisation or stored electronically on it; or has the right to have information stored on the smartcard driver authorisation. (sec.29AA-ssec.3) The State is not legally liable for an act or omission relating to the keeping or use of the smartcard driver authorisation.

• (a) has the right to use information that is on the smartcard driver authorisation or stored electronically on it; or
• (b) has the right to have information stored on the smartcard driver authorisation.

sec.29A Restricted driver authorisation

A regulation may make provision about an operator, who holds operator accreditation to operate a public passenger service, granting on behalf of the chief executive a restricted driver authorisation to authorise a person to drive a public passenger vehicle while, and only while, it is being used by the operator to provide the service. Without limiting subsection (1) , a regulation may— limit the persons to whom restricted driver authorisation may be granted; or exclude an operator from granting restricted driver authorisation; or provide for restrictions applying to a driver under restricted driver authorisation. s 29A ins 2000 No. 6 s 49 amd 2017 No. 18 s 10 (sec.29A-ssec.1) A regulation may make provision about an operator, who holds operator accreditation to operate a public passenger service, granting on behalf of the chief executive a restricted driver authorisation to authorise a person to drive a public passenger vehicle while, and only while, it is being used by the operator to provide the service. (sec.29A-ssec.2) Without limiting subsection (1) , a regulation may— limit the persons to whom restricted driver authorisation may be granted; or exclude an operator from granting restricted driver authorisation; or provide for restrictions applying to a driver under restricted driver authorisation.

• (a) limit the persons to whom restricted driver authorisation may be granted; or
• (b) exclude an operator from granting restricted driver authorisation; or
• (c) provide for restrictions applying to a driver under restricted driver authorisation.

sec.30 Provisional driver authorisation

A regulation may provide for granting, or refusing to grant, driver authorisation on a provisional basis, including provisional authorisation in an emergency.

sec.31 Applicant to notify charge for driver disqualifying offence etc.

If an applicant for driver authorisation is charged with a driver disqualifying offence, the applicant must immediately notify the chief executive under the regulations. Maximum penalty—100 penalty units. When the charge is dealt with, the applicant must immediately notify the chief executive under the regulations of the outcome of the charge. Maximum penalty—100 penalty units. s 31 amd 2004 No. 9 s 13D (sec.31-ssec.1) If an applicant for driver authorisation is charged with a driver disqualifying offence, the applicant must immediately notify the chief executive under the regulations. Maximum penalty—100 penalty units. (sec.31-ssec.2) When the charge is dealt with, the applicant must immediately notify the chief executive under the regulations of the outcome of the charge. Maximum penalty—100 penalty units.

sec.32 Amendment, suspension and cancellation of driver authorisations

A regulation may make provision about amending, suspending or cancelling driver authorisations. Without limiting subsection (1) , a regulation may authorise the chief executive to amend, including immediately amend, a person’s driver authorisation by imposing a condition on the authorisation. Without limiting subsection (1) , a regulation may authorise the chief executive to suspend or cancel a person’s driver authorisation if the person is convicted of a category B or category C driver disqualifying offence. Without limiting subsection (1) , a regulation may authorise the chief executive to immediately suspend a person’s driver authorisation if the person is charged with a driver disqualifying offence or the chief executive otherwise considers it necessary in the public interest. s 32 amd 2004 No. 9 s 13E ; 2007 No. 6 s 38 (sec.32-ssec.1) A regulation may make provision about amending, suspending or cancelling driver authorisations. (sec.32-ssec.1A) Without limiting subsection (1) , a regulation may authorise the chief executive to amend, including immediately amend, a person’s driver authorisation by imposing a condition on the authorisation. (sec.32-ssec.2) Without limiting subsection (1) , a regulation may authorise the chief executive to suspend or cancel a person’s driver authorisation if the person is convicted of a category B or category C driver disqualifying offence. (sec.32-ssec.3) Without limiting subsection (1) , a regulation may authorise the chief executive to immediately suspend a person’s driver authorisation if the person is charged with a driver disqualifying offence or the chief executive otherwise considers it necessary in the public interest.

sec.33 Authorised driver must notify charge for driver disqualifying offence etc.

An authorised driver must immediately notify the chief executive under the regulations if the driver is charged with a driver disqualifying offence. Maximum penalty—100 penalty units. When the charge is dealt with, the authorised driver must immediately inform the chief executive under the regulations of the outcome of the charge. Maximum penalty—100 penalty units. s 33 amd 2004 No. 9 s 13F (sec.33-ssec.1) An authorised driver must immediately notify the chief executive under the regulations if the driver is charged with a driver disqualifying offence. Maximum penalty—100 penalty units. (sec.33-ssec.2) When the charge is dealt with, the authorised driver must immediately inform the chief executive under the regulations of the outcome of the charge. Maximum penalty—100 penalty units.

sec.33A Protection of children and vulnerable members of the community

This section applies to the following when making decisions about driver authorisation— the chief executive; persons constituting a review panel under the Transport Planning and Coordination Act 1994 ; a court hearing an appeal against a decision about driver authorisation. If, because an applicant for, or a holder of, driver authorisation has been charged with or convicted of a driver disqualifying offence or for any other reason, the safety of children or other vulnerable members of the community becomes relevant, the paramount principle is that children and other vulnerable members of the community must be protected. s 33A ins 2004 No. 9 s 13G (sec.33A-ssec.1) This section applies to the following when making decisions about driver authorisation— the chief executive; persons constituting a review panel under the Transport Planning and Coordination Act 1994 ; a court hearing an appeal against a decision about driver authorisation. (sec.33A-ssec.2) If, because an applicant for, or a holder of, driver authorisation has been charged with or convicted of a driver disqualifying offence or for any other reason, the safety of children or other vulnerable members of the community becomes relevant, the paramount principle is that children and other vulnerable members of the community must be protected.

• (a) the chief executive;
• (b) persons constituting a review panel under the Transport Planning and Coordination Act 1994 ;
• (c) a court hearing an appeal against a decision about driver authorisation.

sec.34 Authorised driver must notify suspension or cancellation of licence etc.

If a licence or other authorisation required under another Act to drive a vehicle of a type to which a person’s driver authorisation relates is suspended or cancelled, the person must immediately notify the chief executive under the regulations. Maximum penalty—100 penalty units. s 34 amd 2004 No. 9 s 13H

sec.34A Authorised driver must notify damage, loss or theft of authorising document issued by chief executive

If a person’s authorising document issued by the chief executive is damaged, lost or stolen, the person must notify the chief executive, as soon as practicable, in the way prescribed under a regulation. Maximum penalty—20 penalty units. In this section— damaged , in relation to an authorising document— means— the document is damaged to an extent that— any information on the document is impossible or difficult to read without the use of technology; or a digital photo or a digitised signature on the document is impossible or difficult to recognise without the use of technology; or any information stored electronically on the document is no longer accessible by using the holder’s PIN; and includes destroyed. s 34A ins 2008 No. 71 s 21 (amd 2010 No. 13 s 72 ) (sec.34A-ssec.1) If a person’s authorising document issued by the chief executive is damaged, lost or stolen, the person must notify the chief executive, as soon as practicable, in the way prescribed under a regulation. Maximum penalty—20 penalty units. (sec.34A-ssec.2) In this section— damaged , in relation to an authorising document— means— the document is damaged to an extent that— any information on the document is impossible or difficult to read without the use of technology; or a digital photo or a digitised signature on the document is impossible or difficult to recognise without the use of technology; or any information stored electronically on the document is no longer accessible by using the holder’s PIN; and includes destroyed.

• (a) means— (i) the document is damaged to an extent that— (A) any information on the document is impossible or difficult to read without the use of technology; or (B) a digital photo or a digitised signature on the document is impossible or difficult to recognise without the use of technology; or (ii) any information stored electronically on the document is no longer accessible by using the holder’s PIN; and
• (i) the document is damaged to an extent that— (A) any information on the document is impossible or difficult to read without the use of technology; or (B) a digital photo or a digitised signature on the document is impossible or difficult to recognise without the use of technology; or
• (A) any information on the document is impossible or difficult to read without the use of technology; or
• (B) a digital photo or a digitised signature on the document is impossible or difficult to recognise without the use of technology; or
• (ii) any information stored electronically on the document is no longer accessible by using the holder’s PIN; and
• (b) includes destroyed.
• (i) the document is damaged to an extent that— (A) any information on the document is impossible or difficult to read without the use of technology; or (B) a digital photo or a digitised signature on the document is impossible or difficult to recognise without the use of technology; or
• (A) any information on the document is impossible or difficult to read without the use of technology; or
• (B) a digital photo or a digitised signature on the document is impossible or difficult to recognise without the use of technology; or
• (ii) any information stored electronically on the document is no longer accessible by using the holder’s PIN; and
• (A) any information on the document is impossible or difficult to read without the use of technology; or
• (B) a digital photo or a digitised signature on the document is impossible or difficult to recognise without the use of technology; or

sec.35 Driver’s obligation to notify of suspension or cancellation of licence etc.

This section applies to a person who is an authorised driver and who drives a vehicle to provide a public passenger service if— the person is not the operator of the service; or for a booked hire service—another person provides booking services for the service. The person must immediately give written notice to the operator or other person if— a licence or other authorisation required under another Act to drive a vehicle of a type to which the person’s driver authorisation relates is suspended or cancelled; or if the public passenger service is of a kind for which driver authorisation is required under this Act—the person’s driver authorisation is suspended or cancelled. Maximum penalty—100 penalty units. s 35 amd 2004 No. 9 s 13I sub 2017 No. 18 s 11 (sec.35-ssec.1) This section applies to a person who is an authorised driver and who drives a vehicle to provide a public passenger service if— the person is not the operator of the service; or for a booked hire service—another person provides booking services for the service. (sec.35-ssec.2) The person must immediately give written notice to the operator or other person if— a licence or other authorisation required under another Act to drive a vehicle of a type to which the person’s driver authorisation relates is suspended or cancelled; or if the public passenger service is of a kind for which driver authorisation is required under this Act—the person’s driver authorisation is suspended or cancelled. Maximum penalty—100 penalty units.

• (a) the person is not the operator of the service; or
• (b) for a booked hire service—another person provides booking services for the service.
• (a) a licence or other authorisation required under another Act to drive a vehicle of a type to which the person’s driver authorisation relates is suspended or cancelled; or
• (b) if the public passenger service is of a kind for which driver authorisation is required under this Act—the person’s driver authorisation is suspended or cancelled.

Section sec.35A

s 35A ins 2008 No. 71 s 22 (amd 2010 No. 13 s 73 (1) ) om 2015 No. 14 s 32

Section sec.35AA

s 35AA ins 2008 No. 71 s 22 (amd 2010 No. 13 s 73 (1) ) om 2015 No. 14 s 32

Section sec.35B

s 35B ins 2008 No. 71 s 22 (amd 2010 No. 13 s 73 (1) ) om 2015 No. 14 s 32

Section sec.35C

s 35C ins 2008 No. 71 s 22 (amd 2010 No. 13 s 73 (2) ) om 2015 No. 14 s 32

Section sec.35D

s 35D ins 2008 No. 71 s 22 om 2015 No. 14 s 32

Section sec.35E

s 35E ins 2008 No. 71 s 22 (amd 2010 No. 13 s 73 (3) ) om 2015 No. 14 s 32

Section sec.35F

s 35F ins 2008 No. 71 s 22 (amd 2010 No. 13 s 73 (4) ) om 2015 No. 14 s 32

Section sec.35G

s 35G ins 2008 No. 71 s 22 om 2015 No. 14 s 32

Restricted release of information about driver authorisation

sec.35H Restricted written release of information

The chief executive may release, in writing, information kept under this Act about a person’s driver authorisation to— on receiving an application in the approved form— the person; or with the person’s written consent—another person; or the commissioner of the police service for the purpose of any function of the commissioner or any function of the police service. Also, the chief executive may release, in writing, to an entity information kept under this Act about a person’s driver authorisation if— the person produces the person’s authorising document to the entity as proof of the person’s identity; and the entity applies in the approved form for the information; and the information is necessary to verify the validity of the driver authorisation. An application mentioned in subsection (1) (a) or (2) (b) may be made electronically. s 35H ins 2008 No. 71 s 22 (amd 2010 No. 13 s 73 (5) ) amd 2011 No. 12 s 78 ; 2015 No. 14 s 33 ; 2017 No. 18 s 12 (sec.35H-ssec.1) The chief executive may release, in writing, information kept under this Act about a person’s driver authorisation to— on receiving an application in the approved form— the person; or with the person’s written consent—another person; or the commissioner of the police service for the purpose of any function of the commissioner or any function of the police service. (sec.35H-ssec.2) Also, the chief executive may release, in writing, to an entity information kept under this Act about a person’s driver authorisation if— the person produces the person’s authorising document to the entity as proof of the person’s identity; and the entity applies in the approved form for the information; and the information is necessary to verify the validity of the driver authorisation. (sec.35H-ssec.3) An application mentioned in subsection (1) (a) or (2) (b) may be made electronically.

• (a) on receiving an application in the approved form— (i) the person; or (ii) with the person’s written consent—another person; or
• (i) the person; or
• (ii) with the person’s written consent—another person; or
• (b) the commissioner of the police service for the purpose of any function of the commissioner or any function of the police service.
• (i) the person; or
• (ii) with the person’s written consent—another person; or
• (a) the person produces the person’s authorising document to the entity as proof of the person’s identity; and
• (b) the entity applies in the approved form for the information; and
• (c) the information is necessary to verify the validity of the driver authorisation.

sec.35I Restricted oral release of particular information

The chief executive may orally release, to a person, information kept under this Act about the person’s driver authorisation. However, subsection (1) applies only if the chief executive is satisfied that the person is the person to whom the information relates. The chief executive may be satisfied as required under subsection (2) if the person correctly answers a series of questions, or produces a document, for identifying the person. s 35I ins 2011 No. 12 s 79 (sec.35I-ssec.1) The chief executive may orally release, to a person, information kept under this Act about the person’s driver authorisation. (sec.35I-ssec.2) However, subsection (1) applies only if the chief executive is satisfied that the person is the person to whom the information relates. The chief executive may be satisfied as required under subsection (2) if the person correctly answers a series of questions, or produces a document, for identifying the person.

Preliminary

Application of service contracts

sec.37 Purpose of service contracts

The purpose of service contracts is to hold operators accountable for minimum performance levels to ensure the communities served under the contracts receive, at a reasonable cost, quality and innovative public passenger services. s 37 amd 1997 No. 66 s 65

sec.38 What are service contracts

A service contract is a contract between the chief executive for the State and an operator under which the operator is required to provide a public passenger service for an area or route in a way that meets or exceeds performance levels stated in the contract. If— a regulation has been made under section 36 (Market entry restrictions) for a public passenger service; and the chief executive has declared, under section 42 (Declaration that service contracts are required), that a service contract is required to provide the service for an area or a route; a service contract may provide the operator with the exclusive right to operate the public passenger service for the area or route. (sec.38-ssec.1) A service contract is a contract between the chief executive for the State and an operator under which the operator is required to provide a public passenger service for an area or route in a way that meets or exceeds performance levels stated in the contract. (sec.38-ssec.2) If— a regulation has been made under section 36 (Market entry restrictions) for a public passenger service; and the chief executive has declared, under section 42 (Declaration that service contracts are required), that a service contract is required to provide the service for an area or a route; a service contract may provide the operator with the exclusive right to operate the public passenger service for the area or route.

• (a) a regulation has been made under section 36 (Market entry restrictions) for a public passenger service; and
• (b) the chief executive has declared, under section 42 (Declaration that service contracts are required), that a service contract is required to provide the service for an area or a route;

Section sec.38A

s 38A ins 1997 No. 66 s 66 om 2002 No. 15 s 45

sec.38B Chief executive may enter into service contracts

The chief executive may, for the State, enter into a service contract. s 38B ins 1997 No. 66 s 66 amd 2002 No. 15 s 46

sec.39 Scope of service contracts

The categories of public passenger service for which service contracts may be required are— scheduled passenger services; and ferry services; and another category of public passenger services prescribed by regulation. s 39 amd 2000 No. 6 s 50 ; 2008 No. 32 s 71 ; 2017 No. 18 s 15

• (a) scheduled passenger services; and
• (b) ferry services; and
• (c) another category of public passenger services prescribed by regulation.

sec.40 Service contracts to include minimum service levels

A service contract must state minimum service levels to be complied with by the holder. Minimum service levels for a particular public passenger service must specify— the periods when the public passenger service is to be provided; and the nature, frequency and extent of the public passenger service during the periods or particular parts of the periods. Minimum service levels must have regard to— the needs of the community for whose benefit the service is provided; and service levels in comparable communities, whether in Queensland, elsewhere in Australia or in a foreign country; and the cost of service provision. s 40 amd 1997 No. 66 s 67 (sec.40-ssec.1) A service contract must state minimum service levels to be complied with by the holder. (sec.40-ssec.2) Minimum service levels for a particular public passenger service must specify— the periods when the public passenger service is to be provided; and the nature, frequency and extent of the public passenger service during the periods or particular parts of the periods. (sec.40-ssec.3) Minimum service levels must have regard to— the needs of the community for whose benefit the service is provided; and service levels in comparable communities, whether in Queensland, elsewhere in Australia or in a foreign country; and the cost of service provision.

• (a) the periods when the public passenger service is to be provided; and
• (b) the nature, frequency and extent of the public passenger service during the periods or particular parts of the periods.
• (a) the needs of the community for whose benefit the service is provided; and
• (b) service levels in comparable communities, whether in Queensland, elsewhere in Australia or in a foreign country; and
• (c) the cost of service provision.

sec.41 Other matters to be included in service contracts

A service contract may— establish performance outcomes for frequency, regularity, punctuality and accessibility; and establish performance outcomes for customer information and service; and establish principles for fare setting; and establish principles for fare collection; and establish performance levels for the quality and type of public passenger vehicles; and establish criteria for government payments under the contract; and require the holder to charge fares decided by the chief executive; and require the holder to provide or fund infrastructure associated with providing the public passenger service; and require the holder to have or develop a business plan outlining how the performance levels are to be achieved; and require the holder to establish a management information system to monitor, record and report periodically on performance; and require the holder to provide the chief executive with information the chief executive may require; and establish performance outcomes for other aspects of the way the holder provides the public passenger service or carries on business; and require the holder to provide improved levels of productivity; and provide for the payment of compensation by the holder if the holder contravenes a condition of the contract, including, for example, compensation for the cost of providing the service through another holder; and include other terms required by the chief executive. The chief executive— is obliged under a service contract to act in a reasonable way to facilitate the contract’s operation; and has the other obligations stated in the contract. s 41 amd 1997 No. 66 s 68 ; 2002 No. 15 s 47 ; 2014 No. 43 s 59 (sec.41-ssec.1) A service contract may— establish performance outcomes for frequency, regularity, punctuality and accessibility; and establish performance outcomes for customer information and service; and establish principles for fare setting; and establish principles for fare collection; and establish performance levels for the quality and type of public passenger vehicles; and establish criteria for government payments under the contract; and require the holder to charge fares decided by the chief executive; and require the holder to provide or fund infrastructure associated with providing the public passenger service; and require the holder to have or develop a business plan outlining how the performance levels are to be achieved; and require the holder to establish a management information system to monitor, record and report periodically on performance; and require the holder to provide the chief executive with information the chief executive may require; and establish performance outcomes for other aspects of the way the holder provides the public passenger service or carries on business; and require the holder to provide improved levels of productivity; and provide for the payment of compensation by the holder if the holder contravenes a condition of the contract, including, for example, compensation for the cost of providing the service through another holder; and include other terms required by the chief executive. (sec.41-ssec.2) The chief executive— is obliged under a service contract to act in a reasonable way to facilitate the contract’s operation; and has the other obligations stated in the contract.

• (a) establish performance outcomes for frequency, regularity, punctuality and accessibility; and
• (b) establish performance outcomes for customer information and service; and
• (c) establish principles for fare setting; and
• (ca) establish principles for fare collection; and
• (d) establish performance levels for the quality and type of public passenger vehicles; and
• (e) establish criteria for government payments under the contract; and
• (ea) require the holder to charge fares decided by the chief executive; and
• (f) require the holder to provide or fund infrastructure associated with providing the public passenger service; and
• (g) require the holder to have or develop a business plan outlining how the performance levels are to be achieved; and
• (h) require the holder to establish a management information system to monitor, record and report periodically on performance; and
• (i) require the holder to provide the chief executive with information the chief executive may require; and
• (j) establish performance outcomes for other aspects of the way the holder provides the public passenger service or carries on business; and
• (ja) require the holder to provide improved levels of productivity; and
• (k) provide for the payment of compensation by the holder if the holder contravenes a condition of the contract, including, for example, compensation for the cost of providing the service through another holder; and
• (l) include other terms required by the chief executive.
• (a) is obliged under a service contract to act in a reasonable way to facilitate the contract’s operation; and
• (b) has the other obligations stated in the contract.

Requirement for service contracts

sec.42 Declaration that service contracts are required

This section applies to a public passenger service to which a regulation under section 36 applies. The chief executive may, by notice on the department’s website, declare that a service contract will be required to provide a public passenger service of a specified kind for a specified area or route. In the notice given under subsection (2) or another notice on the department’s website, the chief executive must fix the day on and from which the service contract is required. Before deciding to make a declaration under subsection (2) , the chief executive must— give written notice of the proposed declaration to all operators providing a public passenger service of the kind and for the area or route to be specified in the proposed declaration; and allow the operators at least 28 days to make written submissions to the chief executive, about the proposed declaration; and consider any submissions made under paragraph (b) . s 42 amd 1995 No. 48 s 12 sch ; 2008 No. 32 s 72 ; 2010 No. 13 s 114 sch pt 1 ; 2014 No. 43 s 60 (sec.42-ssec.1) This section applies to a public passenger service to which a regulation under section 36 applies. (sec.42-ssec.2) The chief executive may, by notice on the department’s website, declare that a service contract will be required to provide a public passenger service of a specified kind for a specified area or route. (sec.42-ssec.3) In the notice given under subsection (2) or another notice on the department’s website, the chief executive must fix the day on and from which the service contract is required. (sec.42-ssec.4) Before deciding to make a declaration under subsection (2) , the chief executive must— give written notice of the proposed declaration to all operators providing a public passenger service of the kind and for the area or route to be specified in the proposed declaration; and allow the operators at least 28 days to make written submissions to the chief executive, about the proposed declaration; and consider any submissions made under paragraph (b) .

• (a) give written notice of the proposed declaration to all operators providing a public passenger service of the kind and for the area or route to be specified in the proposed declaration; and
• (b) allow the operators at least 28 days to make written submissions to the chief executive, about the proposed declaration; and
• (c) consider any submissions made under paragraph (b) .

sec.42A Other declarations that service contracts are required

A regulation may declare that, on and from a day to be fixed by the chief executive by gazette notice, a service contract will be required to provide a scheduled passenger service that is a ferry service operating in a specified area or on a specified route. s 42A ins 2000 No. 6 s 51 amd 2008 No. 31 s 72 sch

sec.42B Amendment of service contract area or route

The chief executive may, by notice on the department’s website, amend the service contract area or route the subject of a declaration under section 42 . However, the amendment may be made only if the chief executive is satisfied the amendment is necessary— to extend the service into developing areas; or because of changed traffic conditions; or for public safety; or to improve the service in the public interest. The notice must fix the day on which the amendment takes effect. Before deciding to make the amendment, the chief executive must— give written notice of the proposed amendment to each affected operator; and allow each affected operator at least 28 days to make written submissions to the chief executive about the proposed amendment; and consider any submissions made under paragraph (b) . In this section— affected operator means— each holder of a service contract for the service contract area or route whose interests are materially affected by the proposed amendment; and if the amendment is to add an area or route—any operator providing a public passenger service of the kind specified in the declaration for the additional area or the additional route. s 42B ins 2008 No. 32 s 73 amd 2014 No. 43 s 61 (sec.42B-ssec.1) The chief executive may, by notice on the department’s website, amend the service contract area or route the subject of a declaration under section 42 . (sec.42B-ssec.2) However, the amendment may be made only if the chief executive is satisfied the amendment is necessary— to extend the service into developing areas; or because of changed traffic conditions; or for public safety; or to improve the service in the public interest. (sec.42B-ssec.3) The notice must fix the day on which the amendment takes effect. (sec.42B-ssec.4) Before deciding to make the amendment, the chief executive must— give written notice of the proposed amendment to each affected operator; and allow each affected operator at least 28 days to make written submissions to the chief executive about the proposed amendment; and consider any submissions made under paragraph (b) . (sec.42B-ssec.5) In this section— affected operator means— each holder of a service contract for the service contract area or route whose interests are materially affected by the proposed amendment; and if the amendment is to add an area or route—any operator providing a public passenger service of the kind specified in the declaration for the additional area or the additional route.

• (a) to extend the service into developing areas; or
• (b) because of changed traffic conditions; or
• (c) for public safety; or
• (d) to improve the service in the public interest.
• (a) give written notice of the proposed amendment to each affected operator; and
• (b) allow each affected operator at least 28 days to make written submissions to the chief executive about the proposed amendment; and
• (c) consider any submissions made under paragraph (b) .
• (a) each holder of a service contract for the service contract area or route whose interests are materially affected by the proposed amendment; and
• (b) if the amendment is to add an area or route—any operator providing a public passenger service of the kind specified in the declaration for the additional area or the additional route.

sec.43 Obligation to hold service contracts

A person must not provide a public passenger service for an area or route if the area or route is a service contract area or route for public passenger services of that kind unless the person is entitled to provide the public passenger service under— a service contract; or a written agreement with the chief executive; or with the chief executive’s approval, a written agreement with the holder of a service contract. Maximum penalty— if a holder of a service contract has the exclusive right to operate the public passenger service for the area or route—160 penalty units; or if the service contract area or route is in the integrated mass transit area—160 penalty units; or in any other case—30 penalty units. For a service contract area or route that is not in the integrated mass transit area, a written agreement with the chief executive mentioned in subsection (1) (b) may be made only if— the chief executive has invited a service contract holder for the service contract area or route to offer to provide the public passenger service and the holder— refused the invitation; or makes an offer that, in the chief executive’s opinion, is not appropriate for the public passenger service; or did not respond to the invitation within the time allowed for a response to it; or the public passenger service is not a service of a kind to which an existing service contract applies. A person must not provide a service for which a service contract is required under section 42A unless the person is entitled to provide the service under a service contract. Maximum penalty—30 penalty units. s 43 amd 1997 No. 66 s 69 ; 2000 No. 6 s 52 ; 2004 No. 9 s 14 ; 2005 No. 49 s 52 ; 2008 No. 32 s 74 ; 2012 No. 31 s 5 (sec.43-ssec.1) A person must not provide a public passenger service for an area or route if the area or route is a service contract area or route for public passenger services of that kind unless the person is entitled to provide the public passenger service under— a service contract; or a written agreement with the chief executive; or with the chief executive’s approval, a written agreement with the holder of a service contract. Maximum penalty— if a holder of a service contract has the exclusive right to operate the public passenger service for the area or route—160 penalty units; or if the service contract area or route is in the integrated mass transit area—160 penalty units; or in any other case—30 penalty units. (sec.43-ssec.2) For a service contract area or route that is not in the integrated mass transit area, a written agreement with the chief executive mentioned in subsection (1) (b) may be made only if— the chief executive has invited a service contract holder for the service contract area or route to offer to provide the public passenger service and the holder— refused the invitation; or makes an offer that, in the chief executive’s opinion, is not appropriate for the public passenger service; or did not respond to the invitation within the time allowed for a response to it; or the public passenger service is not a service of a kind to which an existing service contract applies. (sec.43-ssec.3) A person must not provide a service for which a service contract is required under section 42A unless the person is entitled to provide the service under a service contract. Maximum penalty—30 penalty units.

• (a) a service contract; or
• (b) a written agreement with the chief executive; or
• (c) with the chief executive’s approval, a written agreement with the holder of a service contract.
• (a) if a holder of a service contract has the exclusive right to operate the public passenger service for the area or route—160 penalty units; or
• (b) if the service contract area or route is in the integrated mass transit area—160 penalty units; or
• (c) in any other case—30 penalty units.
• (a) the chief executive has invited a service contract holder for the service contract area or route to offer to provide the public passenger service and the holder— (i) refused the invitation; or (ii) makes an offer that, in the chief executive’s opinion, is not appropriate for the public passenger service; or (iii) did not respond to the invitation within the time allowed for a response to it; or
• (i) refused the invitation; or
• (ii) makes an offer that, in the chief executive’s opinion, is not appropriate for the public passenger service; or
• (iii) did not respond to the invitation within the time allowed for a response to it; or
• (b) the public passenger service is not a service of a kind to which an existing service contract applies.
• (i) refused the invitation; or
• (ii) makes an offer that, in the chief executive’s opinion, is not appropriate for the public passenger service; or
• (iii) did not respond to the invitation within the time allowed for a response to it; or

Administrative provisions

sec.44 Term of service contracts

A service contract is for a term of not more than 7 years. Subsection (1) is also subject to sections 47 and 47A . s 44 amd 1997 No. 66 s 70 ; 2000 No. 6 s 53 ; 2002 No. 15 s 48 (sec.44-ssec.1) A service contract is for a term of not more than 7 years. (sec.44-ssec.2) Subsection (1) is also subject to sections 47 and 47A .

sec.45 Conditions of service contracts

A service contract is subject to conditions agreed by the parties. A service contract may provide for payment, by the holder, of an amount to the chief executive for a breach of a key performance indicator. The payment can not be more than the equivalent of 40 penalty units. The payment is payable on demand by the chief executive and may be recovered as a debt payable to the chief executive. This section does not limit section 47 or the chief executive’s right to damages for a breach of service contract, including damages arising out of a breach of a key performance indicator. In this section— key performance indicator , for a service contract, means a term of the service contract identified in the contract as a key performance indicator. s 45 amd 2002 No. 15 s 49 ; 2007 No. 43 s 17 (sec.45-ssec.1) A service contract is subject to conditions agreed by the parties. (sec.45-ssec.2) A service contract may provide for payment, by the holder, of an amount to the chief executive for a breach of a key performance indicator. (sec.45-ssec.3) The payment can not be more than the equivalent of 40 penalty units. (sec.45-ssec.4) The payment is payable on demand by the chief executive and may be recovered as a debt payable to the chief executive. (sec.45-ssec.5) This section does not limit section 47 or the chief executive’s right to damages for a breach of service contract, including damages arising out of a breach of a key performance indicator. (sec.45-ssec.6) In this section— key performance indicator , for a service contract, means a term of the service contract identified in the contract as a key performance indicator.

sec.46 Review of holder’s performance

This section does not apply to a prescribed school service contract or a ferry service contract. Subsections (4) to (7) do not apply to an integrated mass transit service contract. The chief executive may arrange for reviews of a holder’s performance under a service contract. However, each service contract, other than an emergency service contract or a service contract for a term of less than 2 years, must be reviewed as near as practicable to the middle of the term of the contract (a midterm review ). A service contract may also be reviewed at another time if the parties agree. Each holder under a service contract must, for a midterm review, conduct a market based needs assessment for public passenger services of the relevant type for the contract area or route. The chief executive may make, and distribute to holders, guidelines to which operators must have regard in conducting assessments under subsection (4) . The chief executive must take into account any relevant research done by the holder. If, on a review, it is shown that the holder— has taken all reasonable steps to fulfil the contract and actively promoted the use of public passenger transport; but has not achieved the patronage levels agreed to by the chief executive and the holder; the chief executive may review the holder’s minimum service levels or work with the holder to achieve increased patronage. On a review of an integrated mass transit service contract, the chief executive must take into account whether the holder is meeting the requirements of the holder’s service contract. If, after a review, the chief executive is of the opinion the holder’s performance has been inadequate in a significant respect, the chief executive— must notify the holder of the inadequacy; and may require the holder to take specified steps to remedy the inadequacy. If a holder fails to take the required steps to remedy the inadequacy within the time allowed by the chief executive, the chief executive may, by notice to the holder, terminate the service contract. Compensation is not recoverable from anyone (including the chief executive and the State) for or in relation to the termination of the service contract under subsection (9) . s 46 amd 1997 No. 66 s 71 ; 2000 No. 6 s 54 ; 2000 No. 46 s 3 sch ; 2002 No. 15 s 50 ; 2004 No. 9 s 15 ; 2008 No. 32 s 75 ; 2012 No. 31 s 33 sch (sec.46-ssec.1A) This section does not apply to a prescribed school service contract or a ferry service contract. (sec.46-ssec.1B) Subsections (4) to (7) do not apply to an integrated mass transit service contract. (sec.46-ssec.1) The chief executive may arrange for reviews of a holder’s performance under a service contract. (sec.46-ssec.2) However, each service contract, other than an emergency service contract or a service contract for a term of less than 2 years, must be reviewed as near as practicable to the middle of the term of the contract (a midterm review ). (sec.46-ssec.3) A service contract may also be reviewed at another time if the parties agree. (sec.46-ssec.4) Each holder under a service contract must, for a midterm review, conduct a market based needs assessment for public passenger services of the relevant type for the contract area or route. (sec.46-ssec.5) The chief executive may make, and distribute to holders, guidelines to which operators must have regard in conducting assessments under subsection (4) . (sec.46-ssec.6) The chief executive must take into account any relevant research done by the holder. (sec.46-ssec.7) If, on a review, it is shown that the holder— has taken all reasonable steps to fulfil the contract and actively promoted the use of public passenger transport; but has not achieved the patronage levels agreed to by the chief executive and the holder; the chief executive may review the holder’s minimum service levels or work with the holder to achieve increased patronage. (sec.46-ssec.7A) On a review of an integrated mass transit service contract, the chief executive must take into account whether the holder is meeting the requirements of the holder’s service contract. (sec.46-ssec.8) If, after a review, the chief executive is of the opinion the holder’s performance has been inadequate in a significant respect, the chief executive— must notify the holder of the inadequacy; and may require the holder to take specified steps to remedy the inadequacy. (sec.46-ssec.9) If a holder fails to take the required steps to remedy the inadequacy within the time allowed by the chief executive, the chief executive may, by notice to the holder, terminate the service contract. (sec.46-ssec.10) Compensation is not recoverable from anyone (including the chief executive and the State) for or in relation to the termination of the service contract under subsection (9) .

• (a) has taken all reasonable steps to fulfil the contract and actively promoted the use of public passenger transport; but
• (b) has not achieved the patronage levels agreed to by the chief executive and the holder;
• (a) must notify the holder of the inadequacy; and
• (b) may require the holder to take specified steps to remedy the inadequacy.

sec.47 Amendment, suspension or cancellation of service contracts for breach of service contracts

The chief executive may, by notice given to a holder, amend, suspend or cancel the holder’s service contract if— the holder contravenes a condition of the contract; or the chief executive reasonably believes a contravention of the contract by the holder is imminent. However, the chief executive may not amend a holder’s service contract to increase an amount payable to the chief executive for a breach of a key performance indicator. Before taking action against a holder under subsection (1) , the chief executive must give the holder written notice of the intended action, and allow the holder an opportunity to make written representations about the intended action within 10 working days. The chief executive may, by notice given to a holder, immediately amend, suspend or cancel the holder’s service contract if the chief executive reasonably believes that the holder is unable to provide any or all of the services required under the contract. A holder may claim compensation from the State if the holder incurs a cost, damage or loss because of the amendment, suspension or cancellation of the holder’s service contract under subsection (3) . Compensation or costs that may be recovered under subsection (4) may be claimed and ordered in a proceeding brought in a court having jurisdiction for the recovery of a debt in the amount claimed. A court may order the payment of compensation only if it is satisfied— there were no reasonable grounds for believing that the holder was unable to provide any or all of the services required under the contract; and it is just to make the order in the circumstances of the particular case. A regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to order compensation. Subsection (4) has effect to the exclusion of any other remedy. The amendment, suspension or cancellation of a service contract under this section is declared to be an excluded matter for the Corporations Act , section 5F in relation to the Corporations Act , section 440C . s 47 amd 2002 No. 15 s 51 ; 2007 No. 43 s 18 (sec.47-ssec.1) The chief executive may, by notice given to a holder, amend, suspend or cancel the holder’s service contract if— the holder contravenes a condition of the contract; or the chief executive reasonably believes a contravention of the contract by the holder is imminent. (sec.47-ssec.1A) However, the chief executive may not amend a holder’s service contract to increase an amount payable to the chief executive for a breach of a key performance indicator. (sec.47-ssec.2) Before taking action against a holder under subsection (1) , the chief executive must give the holder written notice of the intended action, and allow the holder an opportunity to make written representations about the intended action within 10 working days. (sec.47-ssec.3) The chief executive may, by notice given to a holder, immediately amend, suspend or cancel the holder’s service contract if the chief executive reasonably believes that the holder is unable to provide any or all of the services required under the contract. (sec.47-ssec.4) A holder may claim compensation from the State if the holder incurs a cost, damage or loss because of the amendment, suspension or cancellation of the holder’s service contract under subsection (3) . (sec.47-ssec.5) Compensation or costs that may be recovered under subsection (4) may be claimed and ordered in a proceeding brought in a court having jurisdiction for the recovery of a debt in the amount claimed. (sec.47-ssec.6) A court may order the payment of compensation only if it is satisfied— there were no reasonable grounds for believing that the holder was unable to provide any or all of the services required under the contract; and it is just to make the order in the circumstances of the particular case. (sec.47-ssec.7) A regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to order compensation. (sec.47-ssec.8) Subsection (4) has effect to the exclusion of any other remedy. (sec.47-ssec.9) The amendment, suspension or cancellation of a service contract under this section is declared to be an excluded matter for the Corporations Act , section 5F in relation to the Corporations Act , section 440C .

• (a) the holder contravenes a condition of the contract; or
• (b) the chief executive reasonably believes a contravention of the contract by the holder is imminent.
• (a) there were no reasonable grounds for believing that the holder was unable to provide any or all of the services required under the contract; and
• (b) it is just to make the order in the circumstances of the particular case.

sec.47A Renewal of service contracts

Despite section 44 (1) , a service contract, other than an emergency service contract, may contain a provision giving the holder of the contract the option of renewing the contract for 1 further term only. However, the option for renewal may not be exercised if the chief executive has given the holder a notice under subsection (3) . The chief executive may, for this section, decide that the holder’s performance under the contract has been unsatisfactory and give the holder written notice of the decision and the reasons for it. This section does not limit sections 62 and 62AAD . s 47A ins 2002 No. 15 s 52 amd 2004 No. 9 s 10 sch (sec.47A-ssec.1) Despite section 44 (1) , a service contract, other than an emergency service contract, may contain a provision giving the holder of the contract the option of renewing the contract for 1 further term only. (sec.47A-ssec.2) However, the option for renewal may not be exercised if the chief executive has given the holder a notice under subsection (3) . (sec.47A-ssec.3) The chief executive may, for this section, decide that the holder’s performance under the contract has been unsatisfactory and give the holder written notice of the decision and the reasons for it. (sec.47A-ssec.4) This section does not limit sections 62 and 62AAD .

sec.48 Transfer or surrender of service contracts etc.

The holder of a service contract may, with the chief executive’s approval— transfer to another person all the holder’s rights and liabilities in relation to providing future services under the contract; or if the contract relates to more than 1 area, route or service, transfer to another person all the holder’s rights and liabilities in relation to providing future services under the contract for 1 or more of the areas, routes or services; or surrender the contract. On the transfer of rights and liabilities under subsection (1) , for all purposes of this Act— the transferee becomes the holder of a new service contract consisting of the transferred rights and liabilities for the remaining period of the original contract; and the transferor becomes the holder of a new service contract for the balance of the original rights and liabilities under the contract. If an original service contract is for 2 school service routes, and 1 of the routes is transferred under this section, there are now 2 separate contracts for the purposes of an entitlement to a first opportunity to an offer for a new contract under section 62AC . s 48 amd 1997 No. 66 s 73 sub 2000 No. 6 s 55 (sec.48-ssec.1) The holder of a service contract may, with the chief executive’s approval— transfer to another person all the holder’s rights and liabilities in relation to providing future services under the contract; or if the contract relates to more than 1 area, route or service, transfer to another person all the holder’s rights and liabilities in relation to providing future services under the contract for 1 or more of the areas, routes or services; or surrender the contract. (sec.48-ssec.2) On the transfer of rights and liabilities under subsection (1) , for all purposes of this Act— the transferee becomes the holder of a new service contract consisting of the transferred rights and liabilities for the remaining period of the original contract; and the transferor becomes the holder of a new service contract for the balance of the original rights and liabilities under the contract. If an original service contract is for 2 school service routes, and 1 of the routes is transferred under this section, there are now 2 separate contracts for the purposes of an entitlement to a first opportunity to an offer for a new contract under section 62AC .

• (a) transfer to another person all the holder’s rights and liabilities in relation to providing future services under the contract; or
• (b) if the contract relates to more than 1 area, route or service, transfer to another person all the holder’s rights and liabilities in relation to providing future services under the contract for 1 or more of the areas, routes or services; or
• (c) surrender the contract.
• (a) the transferee becomes the holder of a new service contract consisting of the transferred rights and liabilities for the remaining period of the original contract; and
• (b) the transferor becomes the holder of a new service contract for the balance of the original rights and liabilities under the contract.

Emergency service contracts

sec.48A Chief executive may enter into emergency service contract

The chief executive may enter into a service contract if the chief executive is satisfied the contract is necessary as a matter of urgency— to establish a public passenger service; or to ensure the continuity of a public passenger service; or to provide a public passenger service in an interim period while another service contract for the service is being offered or negotiated. s 48A ins 2002 No. 15 s 53

• (a) to establish a public passenger service; or
• (b) to ensure the continuity of a public passenger service; or
• (c) to provide a public passenger service in an interim period while another service contract for the service is being offered or negotiated.

sec.48B Entering into an emergency service contract

The chief executive may— invite offers from the public or operators, in whatever way the chief executive considers appropriate, for an emergency service contract; and decide the period within which offers must be made. Despite subsection (1) , the chief executive may enter into an emergency service contract without inviting offers for the contract if satisfied the contract is necessary to ensure the continuity of a public passenger service. s 48B ins 2002 No. 15 s 53 (sec.48B-ssec.1) The chief executive may— invite offers from the public or operators, in whatever way the chief executive considers appropriate, for an emergency service contract; and decide the period within which offers must be made. (sec.48B-ssec.2) Despite subsection (1) , the chief executive may enter into an emergency service contract without inviting offers for the contract if satisfied the contract is necessary to ensure the continuity of a public passenger service.

• (a) invite offers from the public or operators, in whatever way the chief executive considers appropriate, for an emergency service contract; and
• (b) decide the period within which offers must be made.

sec.48C Term of emergency service contract

An emergency service contract is, despite section 44 (1) , for the term of not more than 2 years decided by the chief executive. However, if the chief executive has entered into an emergency service contract without inviting offers for the contract, the contract can not be for a term of more than 12 months. s 48C ins 2002 No. 15 s 53 amd 2012 No. 31 s 6 (sec.48C-ssec.1) An emergency service contract is, despite section 44 (1) , for the term of not more than 2 years decided by the chief executive. (sec.48C-ssec.2) However, if the chief executive has entered into an emergency service contract without inviting offers for the contract, the contract can not be for a term of more than 12 months.

Scheduled passenger services

Preliminary

sec.49 Application of part

This part applies only to scheduled passenger services.

Section sec.50

s 50 amd 1997 No. 66 s 74 om 2002 No. 15 s 54

sec.51 Concessions under a service contract

A service contract may require the holder to provide a concession to a class of persons. If— a standard service contract requires the holder to provide a concession to a class of persons; and subsection (3) does not apply; the contract must provide for the State to reimburse the holder for the concession. If a standard service contract requires the holder to provide a concession to a class of persons prescribed by regulation, the contract may provide for the State to reimburse the holder for the concession. s 51 amd 1997 No. 66 s 75 ; 2004 No. 9 s 16 ; 2012 No. 31 s 33 sch sub 2014 No. 43 s 62 (sec.51-ssec.1) A service contract may require the holder to provide a concession to a class of persons. (sec.51-ssec.2) If— a standard service contract requires the holder to provide a concession to a class of persons; and subsection (3) does not apply; the contract must provide for the State to reimburse the holder for the concession. (sec.51-ssec.3) If a standard service contract requires the holder to provide a concession to a class of persons prescribed by regulation, the contract may provide for the State to reimburse the holder for the concession.

• (a) a standard service contract requires the holder to provide a concession to a class of persons; and
• (b) subsection (3) does not apply;

sec.52 Approval of basis for funding or other financial assistance by State

The chief executive may enter into a service contract providing for funding or other financial assistance by the State only if the Minister has approved the basis on which the funding or other financial assistance is to be provided. In considering whether to give an approval under subsection (1) , the Minister must have regard to the principle that funding or other financial assistance by the State for scheduled passenger services should be provided principally for— scheduled passenger services that the Government requires to be provided and that would not be provided, or provided at the same level, without funding or other financial assistance by the State; and reimbursement for government specified fare concessions. Each annual report of the department must include— for each holder of a service contract who received State funding or other financial assistance during the year to which the report relates—details of the funding or other financial assistance; and reasons for the funding or other financial assistance. s 52 amd 1997 No. 66 s 76 ; 2010 No. 19 s 248 ; 2012 No. 31 s 7 (sec.52-ssec.1) The chief executive may enter into a service contract providing for funding or other financial assistance by the State only if the Minister has approved the basis on which the funding or other financial assistance is to be provided. (sec.52-ssec.2) In considering whether to give an approval under subsection (1) , the Minister must have regard to the principle that funding or other financial assistance by the State for scheduled passenger services should be provided principally for— scheduled passenger services that the Government requires to be provided and that would not be provided, or provided at the same level, without funding or other financial assistance by the State; and reimbursement for government specified fare concessions. (sec.52-ssec.3) Each annual report of the department must include— for each holder of a service contract who received State funding or other financial assistance during the year to which the report relates—details of the funding or other financial assistance; and reasons for the funding or other financial assistance.

• (a) scheduled passenger services that the Government requires to be provided and that would not be provided, or provided at the same level, without funding or other financial assistance by the State; and
• (b) reimbursement for government specified fare concessions.
• (a) for each holder of a service contract who received State funding or other financial assistance during the year to which the report relates—details of the funding or other financial assistance; and
• (b) reasons for the funding or other financial assistance.

Section sec.53

s 53 om 2000 No. 6 s 56

Section sec.54

s 54 amd 2002 No. 15 s 55 om 2008 No. 32 s 76

General provisions for service contracts for general route services

sec.54A Application of div 2

This division applies to all service contracts for general route services, other than integrated mass transit service contracts. s 54A ins 2004 No. 9 s 17 amd 2008 No. 32 s 78 ; 2012 No. 31 s 33 sch

sec.55 Entering into a service contract for a general route service—no existing operators

If— an area or route is identified under section 42 for a general route service; and no-one has an entitlement under section 56 (1) for the area or route; the chief executive must, by public notice, invite offers from the public, whether by tender or in another way, for a service contract to provide the general route service for the area or route. s 55 amd 1997 No. 66 s 77 ; 2008 No. 32 s 79 ; 2010 No. 13 s 114 sch pt 1

• (a) an area or route is identified under section 42 for a general route service; and
• (b) no-one has an entitlement under section 56 (1) for the area or route;

sec.56 Entitlement of existing operators

This section applies if— the chief executive proposes to enter into a service contract (a new contract ) under section 38B for an area or route declared under section 42 ; and there is an operator (an existing operator ) who already provides a general route service of the same kind for part or all of the area or route as the service that is to be provided under the new contract; and there is no holder of an existing service contract who must be invited to offer for the contract under section 62 (1A) . The existing operator is entitled to the first opportunity, exercised in the way set out in section 57 , to offer for the new contract. This section does not apply to— a service contract holder operating under a service contract for the area or route— that states that section 62 does not apply to it; or if the chief executive has— issued a notice under section 46 (9) or 62A to the holder; or issued a notice to the holder suspending or cancelling the holder’s service contract under section 47 (1) ; or received notice from the holder that the holder intends to surrender the holder’s service contract; or a person providing a service, of the kind that is required to be provided under the service contract, under a written agreement with the holder. s 56 sub 1997 No. 66 s 78 amd 2000 No. 6 s 58 ; 2004 No. 9 s 10 sch ; 2008 No. 32 s 80 (sec.56-ssec.1) This section applies if— the chief executive proposes to enter into a service contract (a new contract ) under section 38B for an area or route declared under section 42 ; and there is an operator (an existing operator ) who already provides a general route service of the same kind for part or all of the area or route as the service that is to be provided under the new contract; and there is no holder of an existing service contract who must be invited to offer for the contract under section 62 (1A) . (sec.56-ssec.2) The existing operator is entitled to the first opportunity, exercised in the way set out in section 57 , to offer for the new contract. (sec.56-ssec.3) This section does not apply to— a service contract holder operating under a service contract for the area or route— that states that section 62 does not apply to it; or if the chief executive has— issued a notice under section 46 (9) or 62A to the holder; or issued a notice to the holder suspending or cancelling the holder’s service contract under section 47 (1) ; or received notice from the holder that the holder intends to surrender the holder’s service contract; or a person providing a service, of the kind that is required to be provided under the service contract, under a written agreement with the holder.

• (a) the chief executive proposes to enter into a service contract (a new contract ) under section 38B for an area or route declared under section 42 ; and
• (b) there is an operator (an existing operator ) who already provides a general route service of the same kind for part or all of the area or route as the service that is to be provided under the new contract; and
• (c) there is no holder of an existing service contract who must be invited to offer for the contract under section 62 (1A) .
• (a) a service contract holder operating under a service contract for the area or route— (i) that states that section 62 does not apply to it; or (ii) if the chief executive has— (A) issued a notice under section 46 (9) or 62A to the holder; or (B) issued a notice to the holder suspending or cancelling the holder’s service contract under section 47 (1) ; or (C) received notice from the holder that the holder intends to surrender the holder’s service contract; or
• (i) that states that section 62 does not apply to it; or
• (ii) if the chief executive has— (A) issued a notice under section 46 (9) or 62A to the holder; or (B) issued a notice to the holder suspending or cancelling the holder’s service contract under section 47 (1) ; or (C) received notice from the holder that the holder intends to surrender the holder’s service contract; or
• (A) issued a notice under section 46 (9) or 62A to the holder; or
• (B) issued a notice to the holder suspending or cancelling the holder’s service contract under section 47 (1) ; or
• (C) received notice from the holder that the holder intends to surrender the holder’s service contract; or
• (b) a person providing a service, of the kind that is required to be provided under the service contract, under a written agreement with the holder.
• (i) that states that section 62 does not apply to it; or
• (ii) if the chief executive has— (A) issued a notice under section 46 (9) or 62A to the holder; or (B) issued a notice to the holder suspending or cancelling the holder’s service contract under section 47 (1) ; or (C) received notice from the holder that the holder intends to surrender the holder’s service contract; or
• (A) issued a notice under section 46 (9) or 62A to the holder; or
• (B) issued a notice to the holder suspending or cancelling the holder’s service contract under section 47 (1) ; or
• (C) received notice from the holder that the holder intends to surrender the holder’s service contract; or
• (A) issued a notice under section 46 (9) or 62A to the holder; or
• (B) issued a notice to the holder suspending or cancelling the holder’s service contract under section 47 (1) ; or
• (C) received notice from the holder that the holder intends to surrender the holder’s service contract; or

sec.57 Entering into a service contract for a general route service

This section applies if an existing operator has an entitlement under section 56 in relation to a new contract. The chief executive must, by written notice, invite the operator to offer, whether by tender or in another way, for a service contract to provide the public passenger service for the area or route under the new contract. However, the chief executive must, by public notice, invite offers from the public, whether by tender or in another way, for the service contract if— no offer is made to the invitation within 60 days after it is made, or any extended time under subsection (4) ; or the operator makes an offer that the chief executive decides is unacceptable under section 59 . The chief executive may by written notice to the existing operator, within the 60 days, extend that time, once only, by a maximum of 60 days. Despite subsection (3) (b) , if— the operator makes an offer within the time allowed under subsection (3) (a) ; and the chief executive considers the offer substantially meets the requirements of an offer that would be acceptable under section 59 ; the chief executive may defer inviting public offers to allow an opportunity for a contract to be concluded with the operator. s 57 sub 1997 No. 66 s 79 amd 2000 No. 6 s 59 ; 2008 No. 32 s 81 (sec.57-ssec.1) This section applies if an existing operator has an entitlement under section 56 in relation to a new contract. (sec.57-ssec.2) The chief executive must, by written notice, invite the operator to offer, whether by tender or in another way, for a service contract to provide the public passenger service for the area or route under the new contract. (sec.57-ssec.3) However, the chief executive must, by public notice, invite offers from the public, whether by tender or in another way, for the service contract if— no offer is made to the invitation within 60 days after it is made, or any extended time under subsection (4) ; or the operator makes an offer that the chief executive decides is unacceptable under section 59 . (sec.57-ssec.4) The chief executive may by written notice to the existing operator, within the 60 days, extend that time, once only, by a maximum of 60 days. (sec.57-ssec.5) Despite subsection (3) (b) , if— the operator makes an offer within the time allowed under subsection (3) (a) ; and the chief executive considers the offer substantially meets the requirements of an offer that would be acceptable under section 59 ; the chief executive may defer inviting public offers to allow an opportunity for a contract to be concluded with the operator.

• (a) no offer is made to the invitation within 60 days after it is made, or any extended time under subsection (4) ; or
• (b) the operator makes an offer that the chief executive decides is unacceptable under section 59 .
• (a) the operator makes an offer within the time allowed under subsection (3) (a) ; and
• (b) the chief executive considers the offer substantially meets the requirements of an offer that would be acceptable under section 59 ;

Section sec.58

s 58 om 1997 No. 66 s 80

sec.59 Matters to be considered

The chief executive— is not obliged to accept any offer for a service contract; and may only accept an offer for a service contract if the chief executive considers the offer to be acceptable for the contract. In deciding if an offer for a service contract is acceptable, the chief executive must have regard to at least the following— the needs of the community for whose benefit the service is to be provided; the ability of each offerer to meet the minimum service levels and other standards of performance specified in the offer; the cost of providing the service; the need for sustainability and continuity of services; any matters prescribed under a regulation. In deciding between 2 or more acceptable offers, the chief executive must select the offer the chief executive considers to be the best having regard to the matters mentioned in subsection (2) (a) to (e) . In this section— offer for a service contract , includes an offer under section 60 (2) to provide a service for an amended service area or route. s 59 sub 1997 No. 66 s 81 amd 2004 No. 9 s 10 sch ; 2008 No. 32 s 82 (sec.59-ssec.1) The chief executive— is not obliged to accept any offer for a service contract; and may only accept an offer for a service contract if the chief executive considers the offer to be acceptable for the contract. (sec.59-ssec.2) In deciding if an offer for a service contract is acceptable, the chief executive must have regard to at least the following— the needs of the community for whose benefit the service is to be provided; the ability of each offerer to meet the minimum service levels and other standards of performance specified in the offer; the cost of providing the service; the need for sustainability and continuity of services; any matters prescribed under a regulation. (sec.59-ssec.3) In deciding between 2 or more acceptable offers, the chief executive must select the offer the chief executive considers to be the best having regard to the matters mentioned in subsection (2) (a) to (e) . (sec.59-ssec.4) In this section— offer for a service contract , includes an offer under section 60 (2) to provide a service for an amended service area or route.

• (a) is not obliged to accept any offer for a service contract; and
• (b) may only accept an offer for a service contract if the chief executive considers the offer to be acceptable for the contract.
• (a) the needs of the community for whose benefit the service is to be provided;
• (b) the ability of each offerer to meet the minimum service levels and other standards of performance specified in the offer;
• (c) the cost of providing the service;
• (d) the need for sustainability and continuity of services;
• (e) any matters prescribed under a regulation.

sec.60 Service contract for amended service contract area or route

This section applies if, under section 42B , a service contract area or route for a general route service is amended to add an area or route to the service contract area or route. The chief executive must, by written notice, invite the existing holder of the service contract for the service contract area or route the first opportunity to offer to provide the service for the amended area or route. If— the existing holder makes no offer within 60 days after the notice is given; or the holder makes an offer that the chief executive decides is unacceptable under section 59 ; the chief executive must, by public notice, invite offers from the public to provide the service for the amended area or route (a public invitation ). Despite subsection (3) , if— the holder makes an offer within the 60 days; and the chief executive considers the offer substantially complies with the requirements of an offer that would be acceptable under section 59 ; the chief executive may defer the making of a public invitation to allow an opportunity for a service contract for the amended area or route to be concluded with the holder. s 60 amd 1997 No. 66 s 82 ; 2000 No. 6 s 60 sub 2008 No. 32 s 83 (sec.60-ssec.1) This section applies if, under section 42B , a service contract area or route for a general route service is amended to add an area or route to the service contract area or route. (sec.60-ssec.2) The chief executive must, by written notice, invite the existing holder of the service contract for the service contract area or route the first opportunity to offer to provide the service for the amended area or route. (sec.60-ssec.3) If— the existing holder makes no offer within 60 days after the notice is given; or the holder makes an offer that the chief executive decides is unacceptable under section 59 ; the chief executive must, by public notice, invite offers from the public to provide the service for the amended area or route (a public invitation ). (sec.60-ssec.4) Despite subsection (3) , if— the holder makes an offer within the 60 days; and the chief executive considers the offer substantially complies with the requirements of an offer that would be acceptable under section 59 ; the chief executive may defer the making of a public invitation to allow an opportunity for a service contract for the amended area or route to be concluded with the holder.

• (a) the existing holder makes no offer within 60 days after the notice is given; or
• (b) the holder makes an offer that the chief executive decides is unacceptable under section 59 ;
• (a) the holder makes an offer within the 60 days; and
• (b) the chief executive considers the offer substantially complies with the requirements of an offer that would be acceptable under section 59 ;

sec.61 Compensation

This section applies if— an existing operator is not awarded a service contract for the service contract area or route, or part of the service contract area or route, for which the operator was providing services; or a decision is made under section 60 , and an existing service contract holder— does not offer to provide the service for the amended service contract area or route; or is not awarded a service contract to provide the service for the amended service contract area or route. The chief executive may require the holder of the new or amended service contract, as a condition of it, to pay compensation to the existing operator or service contract holder. If offers for the new service contract were invited from the public, the chief executive may act under subsection (1A) only if the invitation stated that this section applied to the contract. The amount of compensation is to be decided by agreement between the holder of the new or amended service contract and the existing operator or service contract holder or, if there is no agreement, by an arbitrator appointed by the parties. Without limiting the matters an arbitrator may or may not take into account, a regulation may make provision about matters to be considered, or not considered, in deciding the amount of compensation. The Commercial Arbitration Act 2013 applies to the arbitration. s 61 amd 1997 No. 66 s 83 ; 2004 No. 9 s 10 sch ; 2008 No. 32 s 84 ; 2013 No. 8 s 43 sch 1 pt 2 (sec.61-ssec.1) This section applies if— an existing operator is not awarded a service contract for the service contract area or route, or part of the service contract area or route, for which the operator was providing services; or a decision is made under section 60 , and an existing service contract holder— does not offer to provide the service for the amended service contract area or route; or is not awarded a service contract to provide the service for the amended service contract area or route. (sec.61-ssec.1A) The chief executive may require the holder of the new or amended service contract, as a condition of it, to pay compensation to the existing operator or service contract holder. (sec.61-ssec.2) If offers for the new service contract were invited from the public, the chief executive may act under subsection (1A) only if the invitation stated that this section applied to the contract. (sec.61-ssec.3) The amount of compensation is to be decided by agreement between the holder of the new or amended service contract and the existing operator or service contract holder or, if there is no agreement, by an arbitrator appointed by the parties. (sec.61-ssec.4) Without limiting the matters an arbitrator may or may not take into account, a regulation may make provision about matters to be considered, or not considered, in deciding the amount of compensation. (sec.61-ssec.5) The Commercial Arbitration Act 2013 applies to the arbitration.

• (a) an existing operator is not awarded a service contract for the service contract area or route, or part of the service contract area or route, for which the operator was providing services; or
• (b) a decision is made under section 60 , and an existing service contract holder— (i) does not offer to provide the service for the amended service contract area or route; or (ii) is not awarded a service contract to provide the service for the amended service contract area or route.
• (i) does not offer to provide the service for the amended service contract area or route; or
• (ii) is not awarded a service contract to provide the service for the amended service contract area or route.
• (i) does not offer to provide the service for the amended service contract area or route; or
• (ii) is not awarded a service contract to provide the service for the amended service contract area or route.

sec.62 Offer of new service contract

This section applies if the chief executive— decides a service contract holder’s performance under a service contract (the existing contract ) has been satisfactory; and proposes to offer a new service contract for the same kind of service provided under the existing contract, at the end of its term, for the same, or substantially the same, service contract area or route. The chief executive must, by written notice, invite the holder to offer, whether by tender or in another way, for the new service contract. The chief executive may invite offers from the public or someone else only if the holder— refuses the invitation; or fails to respond to the invitation within a time (of at least 60 days) allowed by the chief executive; or fails to make an offer that is acceptable or, despite section 59 , is substantially acceptable. This section does not apply in relation to an existing contract— that is— an emergency service contract; or a service contract in relation to which an option to renew may be exercised; or that states that this section does not apply to it. s 62 amd 1997 No. 66 s 84 ; 2000 No. 6 s 61 ; 2002 No. 15 s 56 ; 2008 No. 32 s 85 (sec.62-ssec.1) This section applies if the chief executive— decides a service contract holder’s performance under a service contract (the existing contract ) has been satisfactory; and proposes to offer a new service contract for the same kind of service provided under the existing contract, at the end of its term, for the same, or substantially the same, service contract area or route. (sec.62-ssec.1A) The chief executive must, by written notice, invite the holder to offer, whether by tender or in another way, for the new service contract. (sec.62-ssec.2) The chief executive may invite offers from the public or someone else only if the holder— refuses the invitation; or fails to respond to the invitation within a time (of at least 60 days) allowed by the chief executive; or fails to make an offer that is acceptable or, despite section 59 , is substantially acceptable. (sec.62-ssec.3) This section does not apply in relation to an existing contract— that is— an emergency service contract; or a service contract in relation to which an option to renew may be exercised; or that states that this section does not apply to it.

• (a) decides a service contract holder’s performance under a service contract (the existing contract ) has been satisfactory; and
• (b) proposes to offer a new service contract for the same kind of service provided under the existing contract, at the end of its term, for the same, or substantially the same, service contract area or route.
• (a) refuses the invitation; or
• (b) fails to respond to the invitation within a time (of at least 60 days) allowed by the chief executive; or
• (c) fails to make an offer that is acceptable or, despite section 59 , is substantially acceptable.
• (a) that is— (i) an emergency service contract; or (ii) a service contract in relation to which an option to renew may be exercised; or
• (i) an emergency service contract; or
• (ii) a service contract in relation to which an option to renew may be exercised; or
• (b) that states that this section does not apply to it.
• (i) an emergency service contract; or
• (ii) a service contract in relation to which an option to renew may be exercised; or

sec.62A Notice to be given

If the chief executive decides, for section 62 , a service contract holder’s performance under a service contract has not been satisfactory, the chief executive must give the holder written notice of the decision and the reasons for it. s 62A ins 1997 No. 66 s 85

Integrated mass transit service contracts

sec.62AAA What is the integrated mass transit area

The integrated mass transit area is— the service contract areas or routes mentioned in schedule 1B ; and another service contract area or route in the SEQ area, as prescribed under a regulation. In this section— SEQ area means the combined local government areas of the following local governments under the Local Government Act 1993 as that Act was in force immediately before 15 March 2008— the cities of Brisbane, Caloundra, Gold Coast, Ipswich, Logan, Redcliffe and Toowoomba; the shires of Beaudesert, Boonah, Caboolture, Esk, Gatton, Kilcoy, Laidley, Maroochy, Noosa, Pine Rivers and Redland. s 62AAA prev s 62AAA ins 2004 No. 9 s 18 om 2008 No. 32 s 87 pres s 62AAA ins 2012 No. 31 s 8 (sec.62AAA-ssec.1) The integrated mass transit area is— the service contract areas or routes mentioned in schedule 1B ; and another service contract area or route in the SEQ area, as prescribed under a regulation. (sec.62AAA-ssec.2) In this section— SEQ area means the combined local government areas of the following local governments under the Local Government Act 1993 as that Act was in force immediately before 15 March 2008— the cities of Brisbane, Caloundra, Gold Coast, Ipswich, Logan, Redcliffe and Toowoomba; the shires of Beaudesert, Boonah, Caboolture, Esk, Gatton, Kilcoy, Laidley, Maroochy, Noosa, Pine Rivers and Redland.

• (a) the service contract areas or routes mentioned in schedule 1B ; and
• (b) another service contract area or route in the SEQ area, as prescribed under a regulation.
• (a) the cities of Brisbane, Caloundra, Gold Coast, Ipswich, Logan, Redcliffe and Toowoomba;
• (b) the shires of Beaudesert, Boonah, Caboolture, Esk, Gatton, Kilcoy, Laidley, Maroochy, Noosa, Pine Rivers and Redland.

sec.62AAB Definition for div 2AA

In this division— prescribed day , in relation to a notice under this division, means the day stated in the notice, being not less than 28 days after the date of the notice. s 62AAB ins 2004 No. 9 s 18

sec.62AAC What is an integrated mass transit service contract

An integrated mass transit service contract is a service contract for a general route service in the integrated mass transit area, under which contract— the holder charges the fare set by the chief executive; and the State retains the revenue; and the State pays the holder for the services provided. An integrated mass transit service contract does not give the holder the exclusive right to operate a general route service in the service contract area or route the subject of the contract. For subsection (1) , it does not matter whether the service contract was entered into before or after the commencement of this section. s 62AAC ins 2004 No. 9 s 18 amd 2008 No. 32 s 88 ; 2012 No. 31 s 9 (sec.62AAC-ssec.1) An integrated mass transit service contract is a service contract for a general route service in the integrated mass transit area, under which contract— the holder charges the fare set by the chief executive; and the State retains the revenue; and the State pays the holder for the services provided. (sec.62AAC-ssec.2) An integrated mass transit service contract does not give the holder the exclusive right to operate a general route service in the service contract area or route the subject of the contract. (sec.62AAC-ssec.3) For subsection (1) , it does not matter whether the service contract was entered into before or after the commencement of this section.

• (a) the holder charges the fare set by the chief executive; and
• (b) the State retains the revenue; and
• (c) the State pays the holder for the services provided.

sec.62AACA Entering into an integrated mass transit service contract

This section applies if— a declaration under section 42 is made for a service contract area or route (the new area or route ); and the chief executive proposes to provide a general route service (the new service ) for the new area or route, under an integrated mass transit service contract. The chief executive may— invite an affected operator, by written notice, to offer, by the prescribed day, to provide the new service (an operator invitation ); or invite any or all holders of integrated mass transit service contracts, by written notice, to offer, by the prescribed day, to provide the new service (a holder invitation ); or invite the public, by public notice, to offer to provide the new service (a public invitation ). If the chief executive makes an operator invitation and either— an affected operator makes no offer, or if there is more than 1 affected operator, no affected operator makes an offer, by the prescribed day; or if 1 or more offers are made, the chief executive decides no offer made is acceptable under section 62AAE ; the chief executive may make a holder invitation or a public invitation. If the chief executive makes a holder invitation and no holder of an integrated mass transit service contract— makes an offer by the prescribed day; or makes an offer that the chief executive decides is acceptable under section 62AAE ; the chief executive may make a public invitation. However, if— an offer is made in response to an operator invitation or a holder invitation by the prescribed day; and the chief executive considers the offer substantially complies with the requirements of an offer that would be acceptable under section 62AAE ; the chief executive may defer the making of a public invitation to allow an opportunity for a service contract to be concluded with the offerer. In this section— affected operator means an operator providing a general route service of the kind specified in the declaration for all or part of the new area or route. s 62AACA ins 2008 No. 32 s 89 amd 2012 No. 31 s 33 sch (sec.62AACA-ssec.1) This section applies if— a declaration under section 42 is made for a service contract area or route (the new area or route ); and the chief executive proposes to provide a general route service (the new service ) for the new area or route, under an integrated mass transit service contract. (sec.62AACA-ssec.2) The chief executive may— invite an affected operator, by written notice, to offer, by the prescribed day, to provide the new service (an operator invitation ); or invite any or all holders of integrated mass transit service contracts, by written notice, to offer, by the prescribed day, to provide the new service (a holder invitation ); or invite the public, by public notice, to offer to provide the new service (a public invitation ). (sec.62AACA-ssec.3) If the chief executive makes an operator invitation and either— an affected operator makes no offer, or if there is more than 1 affected operator, no affected operator makes an offer, by the prescribed day; or if 1 or more offers are made, the chief executive decides no offer made is acceptable under section 62AAE ; the chief executive may make a holder invitation or a public invitation. (sec.62AACA-ssec.4) If the chief executive makes a holder invitation and no holder of an integrated mass transit service contract— makes an offer by the prescribed day; or makes an offer that the chief executive decides is acceptable under section 62AAE ; the chief executive may make a public invitation. (sec.62AACA-ssec.5) However, if— an offer is made in response to an operator invitation or a holder invitation by the prescribed day; and the chief executive considers the offer substantially complies with the requirements of an offer that would be acceptable under section 62AAE ; the chief executive may defer the making of a public invitation to allow an opportunity for a service contract to be concluded with the offerer. (sec.62AACA-ssec.6) In this section— affected operator means an operator providing a general route service of the kind specified in the declaration for all or part of the new area or route.

• (a) a declaration under section 42 is made for a service contract area or route (the new area or route ); and
• (b) the chief executive proposes to provide a general route service (the new service ) for the new area or route, under an integrated mass transit service contract.
• (a) invite an affected operator, by written notice, to offer, by the prescribed day, to provide the new service (an operator invitation ); or
• (b) invite any or all holders of integrated mass transit service contracts, by written notice, to offer, by the prescribed day, to provide the new service (a holder invitation ); or
• (c) invite the public, by public notice, to offer to provide the new service (a public invitation ).
• (a) an affected operator makes no offer, or if there is more than 1 affected operator, no affected operator makes an offer, by the prescribed day; or
• (b) if 1 or more offers are made, the chief executive decides no offer made is acceptable under section 62AAE ;
• (a) makes an offer by the prescribed day; or
• (b) makes an offer that the chief executive decides is acceptable under section 62AAE ;
• (a) an offer is made in response to an operator invitation or a holder invitation by the prescribed day; and
• (b) the chief executive considers the offer substantially complies with the requirements of an offer that would be acceptable under section 62AAE ;

sec.62AAD Offer of new integrated mass transit service contract

This section applies if the chief executive— decides the performance of a holder of an integrated mass transit service contract (the existing contract ) has been satisfactory; and proposes, at the end of the term of the existing contract, to invite offers for a new integrated mass transit service contract— for the same kind of general route service provided under the existing contract; or for those services and additional services for the same area or route defined in the existing contract. The chief executive must, by written notice, invite the holder to offer for the new integrated mass transit service contract. The chief executive may invite offers from any or all other holders of integrated mass transit service contracts or from the public only if the holder— refuses the invitation; or fails to respond to the invitation by the prescribed day; or fails to make an offer that is acceptable or, despite section 62AAE , is substantially acceptable. This section does not apply in relation to an existing contract— that is an emergency service contract; or that is a service contract in relation to which an option to renew may be exercised; or that states this section does not apply to it. s 62AAD ins 2004 No. 9 s 18 amd 2008 No. 32 s 90 ; 2012 No. 31 s 33 sch (sec.62AAD-ssec.1) This section applies if the chief executive— decides the performance of a holder of an integrated mass transit service contract (the existing contract ) has been satisfactory; and proposes, at the end of the term of the existing contract, to invite offers for a new integrated mass transit service contract— for the same kind of general route service provided under the existing contract; or for those services and additional services for the same area or route defined in the existing contract. (sec.62AAD-ssec.2) The chief executive must, by written notice, invite the holder to offer for the new integrated mass transit service contract. (sec.62AAD-ssec.3) The chief executive may invite offers from any or all other holders of integrated mass transit service contracts or from the public only if the holder— refuses the invitation; or fails to respond to the invitation by the prescribed day; or fails to make an offer that is acceptable or, despite section 62AAE , is substantially acceptable. (sec.62AAD-ssec.4) This section does not apply in relation to an existing contract— that is an emergency service contract; or that is a service contract in relation to which an option to renew may be exercised; or that states this section does not apply to it.

• (a) decides the performance of a holder of an integrated mass transit service contract (the existing contract ) has been satisfactory; and
• (b) proposes, at the end of the term of the existing contract, to invite offers for a new integrated mass transit service contract— (i) for the same kind of general route service provided under the existing contract; or (ii) for those services and additional services for the same area or route defined in the existing contract.
• (i) for the same kind of general route service provided under the existing contract; or
• (ii) for those services and additional services for the same area or route defined in the existing contract.
• (i) for the same kind of general route service provided under the existing contract; or
• (ii) for those services and additional services for the same area or route defined in the existing contract.
• (a) refuses the invitation; or
• (b) fails to respond to the invitation by the prescribed day; or
• (c) fails to make an offer that is acceptable or, despite section 62AAE , is substantially acceptable.
• (a) that is an emergency service contract; or
• (b) that is a service contract in relation to which an option to renew may be exercised; or
• (c) that states this section does not apply to it.

sec.62AAE Matters to be considered generally when considering offers for integrated mass transit service contracts

The chief executive— is not obliged to accept any offer for an integrated mass transit service contract; and may only accept an offer for an integrated mass transit service contract if the chief executive considers the offer to be acceptable for the contract. In deciding if an offer for an integrated mass transit service contract is acceptable, the chief executive must have regard to at least the following— the ability of each offerer to meet the minimum service levels and other standards of performance specified in the invitation to offer; the cost of providing the general route service; the need for sustainability and continuity of services; any matters prescribed under a regulation. In deciding between 2 or more acceptable offers, the chief executive must select the offer the chief executive considers to be the best having regard to the matters mentioned in subsection (2) (a) to (d) . s 62AAE ins 2004 No. 9 s 18 amd 2008 No. 32 s 91 ; 2012 No. 31 s 33 sch (sec.62AAE-ssec.1) The chief executive— is not obliged to accept any offer for an integrated mass transit service contract; and may only accept an offer for an integrated mass transit service contract if the chief executive considers the offer to be acceptable for the contract. (sec.62AAE-ssec.2) In deciding if an offer for an integrated mass transit service contract is acceptable, the chief executive must have regard to at least the following— the ability of each offerer to meet the minimum service levels and other standards of performance specified in the invitation to offer; the cost of providing the general route service; the need for sustainability and continuity of services; any matters prescribed under a regulation. (sec.62AAE-ssec.3) In deciding between 2 or more acceptable offers, the chief executive must select the offer the chief executive considers to be the best having regard to the matters mentioned in subsection (2) (a) to (d) .

• (a) is not obliged to accept any offer for an integrated mass transit service contract; and
• (b) may only accept an offer for an integrated mass transit service contract if the chief executive considers the offer to be acceptable for the contract.
• (a) the ability of each offerer to meet the minimum service levels and other standards of performance specified in the invitation to offer;
• (b) the cost of providing the general route service;
• (c) the need for sustainability and continuity of services;
• (d) any matters prescribed under a regulation.

sec.62AAF Unsatisfactory performance of integrated mass transit service contract holder

If the chief executive decides, for section 62AAD , that a service contract holder’s performance under an integrated mass transit service contract has not been satisfactory, the chief executive must give the holder written notice of the decision and the reasons for it. s 62AAF ins 2004 No. 9 s 18 amd 2008 No. 32 s 92 ; 2012 No. 31 s 33 sch