sec.43Obligation to hold service contracts

### 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