QLDIn ForceAct
Transport Operations (Passenger Transport) Act 1994
sec.62AACAEntering into an integrated mass transit service contract
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### 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 ;