sec.62AAHCompensation

### sec.62AAH Compensation This section applies if an affected operator under section 62AACA or 62AAG — did not offer to provide the new service or the amended service under that section; or is not awarded an integrated mass transit service contract to provide the new service or the amended service. The affected operator may claim compensation from the State. The amount of compensation payable to the affected operator is to be decided by agreement between the chief executive and the operator or, if there is no agreement, by an arbitrator appointed by the chief executive and the operator. Without limiting the matters an arbitrator may or may not take into account, a regulation may provide for matters to be considered, or not considered, in deciding the amount of compensation. The Commercial Arbitration Act 2013 applies to the arbitration. s 62AAH ins 2004 No. 9 s 18 amd 2008 No. 32 s 94 ; 2012 No. 31 s 33 sch ; 2013 No. 8 s 43 sch 1 pt 2 (sec.62AAH-ssec.1) This section applies if an affected operator under section 62AACA or 62AAG — did not offer to provide the new service or the amended service under that section; or is not awarded an integrated mass transit service contract to provide the new service or the amended service. (sec.62AAH-ssec.2) The affected operator may claim compensation from the State. (sec.62AAH-ssec.3) The amount of compensation payable to the affected operator is to be decided by agreement between the chief executive and the operator or, if there is no agreement, by an arbitrator appointed by the chief executive and the operator. (sec.62AAH-ssec.4) Without limiting the matters an arbitrator may or may not take into account, a regulation may provide for matters to be considered, or not considered, in deciding the amount of compensation. (sec.62AAH-ssec.5) The Commercial Arbitration Act 2013 applies to the arbitration. - (a) did not offer to provide the new service or the amended service under that section; or - (b) is not awarded an integrated mass transit service contract to provide the new service or the amended service.