New South Wales: Passenger Transport Act 2014 (NSW)

Passenger Transport Act 2014 No 46 An Act with respect to passenger transport services; and to repeal the Passenger Transport Act 1990 and the Air Transport Act 1964. Part 1 Preliminary 1 Name of Act This Act is the Passenger Transport Act 2014. 2 Commencement This Act commences on a day or days to be appointed by proclamation. 3 Objects of Act The objects of this Act are as follows— (a) to facilitate the delivery of safe, reliable, efficient and integrated public passenger services that are responsive to customer needs, (b) to regulate certain public passenger services and the providers of those services, (c) to facilitate a flexible service procurement framework for public passenger services for the State that— (i) establishes clear lines of accountability for operators of services, and (ii) provides mechanisms to improve access to public transport, and (iii) encourages innovation in service development, including the use of new technologies. 4 Definitions (1) In this Act— accredited means accredited under this Act for the time being. air route licence means a licence for a regulated air route in force under Division 2 of Part 3. air transport service—see section 7. authorised means authorised under this Act for the time being. authorised officer means an authorised officer appointed under Division 1 of Part 9 or a police officer. Board of Inquiry means a Board of Inquiry constituted by the Minister under section 140. bus means— (a) a motor vehicle that seats more than 12 adults, or (b) a vehicle of any class prescribed by the regulations for the purposes of this definition. bus service means a public passenger service provided by a bus, and includes a community transport service that provides transport by bus. charter service means a public passenger service provided by a bus or a ferry where— (a) the provision of the service is pre-booked for hire for an agreed fee and individual fares are not payable by the passengers to the operator or driver, and (b) the hirer is entitled to determine the route for the journey and the time of travel, and (c) all passengers' journeys have a common origin or common destination, or both, and (d) the service is not provided in accordance with a fixed schedule. Chief Investigator means the Chief Investigator of the Office of Transport Safety Investigations appointed under section 45 of the Transport Administration Act 1988. close associate—see section 13. community transport service—see section 6. driver of a vehicle means the person who drives the vehicle or, if it is an aircraft or a vessel, is the pilot of the aircraft or the master for the time being of the vessel and drive a vehicle includes pilot an aircraft or vessel. driver authority means an authority to drive a vehicle granted under Part 4. fare includes any consideration paid or given to use a public passenger service (whether or not it is paid or given to the operator or driver), but does not include a consideration of a kind prescribed by the regulations for the purposes of this definition. ferry means— (a) a vessel that seats more than 8 adults, or (b) a vessel of any class prescribed by the regulations for the purposes of this definition. ferry service means a public passenger service provided by means of a ferry. IPART means the Independent Pricing and Regulatory Tribunal established under the Independent Pricing and Regulatory Tribunal Act 1992. licensed means licensed under this Act for the time being. motor vehicle means a vehicle that is built to be propelled by a motor that forms part of the vehicle, but does not include an aircraft, a train or a vessel. operate a public passenger service means to carry on the business of providing the service. passenger—see section 5 (6). passenger service contract means a contract entered into under Division 1 of Part 3. premises include a vehicle. public passenger service—see section 5 (1). rail passenger service means the carriage of passengers for a fare by train, but does not include any rail passenger service of a class prescribed for the purposes of this definition. railway has the same meaning as it has in the Rail Safety National Law (NSW), but does not include a railway to which that Law does not apply. railway operations has the same meaning as it has in the Rail Safety National Law (NSW), but does not include any thing to which that Law does not apply. railway premises has the same meaning as it has in the Rail Safety National Law (NSW), and includes a vehicle being used by the operator of a rail passenger service for the carriage of passengers in connection with that service, but does not include any railway premises to which that Law does not apply. regular air service—see section 7 (4). regulated air route means an air route declared to be a regulated air route under section 7 (2). road means a road within the meaning of section 4 (1) of the Road Transport Act 2013 (other than a road that is the subject of a declaration made under section 18 (1) (b) of that Act relating to all of the provisions of that Act). road related area means a road related area within the meaning of section 4 (1) of the Road Transport Act 2013 (other than a road related area that is the subject of a declaration made under section 18 (1) (b) of that Act relating to all of the provisions of that Act). Sydney Metro means Sydney Metro constituted under the Transport Administration Act 1988. tourist service means a public passenger service provided by a bus or ferry or other vehicle prescribed by the regulations for the purposes of this definition that is a pre-booked service designed to transport tourists to destinations on a publicly available itinerary, or a service designed to transport tourists where the journeys of each passenger have a common origin or destination (or both). train has the same meaning as in the Rail Safety National Law (NSW), and includes a vehicle being used by the operator of a rail passenger service for the carriage of passengers in connection with that service. Note— A train is defined as being 2 or more units of rolling stock coupled together, at least 1 of which is a locomotive or other self-propelled unit or a unit of rolling stock that is a locomotive or other self-propelled unit. Rolling stock includes a light rail vehicle. Transport for NSW or TfNSW means Transport for NSW constituted under the Transport Administration Act 1988. transport safety employee means an operator of a bus service or ferry service who performs transport safety work and any of the following persons who performs transport safety work for the operator— (a) an employee or contractor of the operator, (b) a person who performs the work on a voluntary basis for the operator (irrespective of whether the person receives out-of-pocket expenses). transport safety inquiry means an inquiry under Division 3 of Part 8. transport safety investigation means an investigation under section 133. transport safety investigator means a transport safety investigator appointed under section 146. transport safety work means any of the following classes of work carried out in relation to a bus service or a ferry service— (a) work relating to the driving or operation of a vehicle, the loading or disembarking of passengers, the movement of a vehicle or the berthing of a vessel, (b) work relating to the repair, maintenance or upgrading of vehicles, terminals, wharves or maintenance facilities, (c) work involving the development, management or monitoring of safe working systems for public passenger services, (d) any other work that is prescribed by the regulations as transport safety work. vehicle includes an aircraft, a train, or a vessel. Note— The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act. (2) Notes included in this Act do not form part of this Act. 5 Public passenger services (1) In this Act, public passenger service means the transport, by a motor vehicle, vessel, aircraft, train, or other vehicle prescribed by the regulations for the purposes of this definition, of passengers within, or partly within, New South Wales for a fare. (2) A community transport service is also a public passenger service for the purposes of this Act. (3) The regulations may provide that the provision of any transport prescribed by the regulations for the purposes of this section is or is not a public passenger service. (4) A road-ferry service under the control of a roads authority under the Roads Act 1993 is not a public passenger service. (5) A service providing transport by a motor vehicle that is generally conducted on land that is not a road or road related area is not a public passenger service. (5A) Subject to this Act, a passenger service under the Point to Point Transport (Taxis and Hire Vehicles) Act 2016 is not a public passenger service. (6) In this Act, passenger does not include a transport safety employee employed with respect to a public passenger service or any person carrying out work for the operator of a public passenger service, or any authorised officer or transport safety investigator, while carrying out work or on duty in that capacity. 6 Community transport services In this Act, community transport service means the transport, by a vehicle, of specified individuals or specified classes of individuals under a community transport agreement entered into by the operator of the service with TfNSW. 7 Air transport services (1) In this Act, air transport service means a public passenger service that consists of transport by an aircraft on a regular air service for a regulated air route. (2) The Minister may, by order published in the Gazette, declare a specified air route from a place in New South Wales to another place in New South Wales to be a regulated air route. (3) In determining whether to make an order the Minister must have regard to the following matters— (a) the needs of the public of New South Wales as a whole, and of the public of any area or district, for air transport services along the route, (b) fostering competition between airlines in relation to the route, (c) the effect, if any, on the maintenance and development of adequate and reasonable public air transport services within New South Wales of the operation of aircraft over the route, (d) the effect, if any, on the economic development of, or on the environment in, any area or district within New South Wales, of the operation of aircraft over the route. (4) A service is a regular air service for the purposes of this section if it is provided— (a) in accordance with a fixed schedule, or (b) on 5 or more occasions within any period of 28 days. 8, 9 (Repealed) 10 Act to be construed not to exceed legislative power of State (1) This Act is to be construed as operating to the full extent of, but so as not to exceed, the legislative power of the State. (2) If a provision of this Act, or the application of a provision of this Act to a person, subject matter or circumstance, would, but for this section, be construed as being in excess of the legislative power of the State— (a) it is a valid provision to the extent to which it is not in excess of the power, and (b) the remainder of this Act, and the application of the provision to other persons, subject matters or circumstances, is not affected. (3) This section applies to this Act in addition to, and without limiting the effect of, any provision of this Act. 11 Act to bind Crown This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities. Part 2 Accreditation of operators of public passenger services Division 1 Preliminary 12 (Repealed) 13 Meaning of "close associate" (1) For the purposes of this Act, a person is a close associate of an applicant for accreditation as an operator, or an operator, of a public passenger service if the person— (a) holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in the person's own right or on behalf of any other person), in the business of the applicant or operator that is or will be carried on under the authority of the accreditation, and by virtue of that interest or power is or will be able (in the opinion of TfNSW) to exercise a significant influence over or with respect to the management or operation of that business, or (b) holds or will hold any relevant position, whether in the person's own right or on behalf of any other person, in the business of the applicant or operator that is or will be carried on under the authority of the accreditation, or (c) is or will be engaged as a contractor or employed in the business of the applicant or operator that is or will be carried on under the authority of the accreditation. (2) For the purposes of this section, a financial institution is not a close associate by reason only of having a relevant financial interest in relation to a business. (3) The provisions of this section extend to relevant financial interests and relevant powers even if those interests and powers are not payable, exercisable or otherwise enforceable as a matter of law or equity, but are nevertheless payable, exercisable or otherwise enforceable as a matter of fact. (4) In this section— relevant financial interest, in relation to a business, means— (a) any share in the capital of the business, or (b) any entitlement to receive any income derived from the business, or to receive any other financial benefit or financial advantage from the carrying on of the business, whether the entitlement arises at law or in equity or otherwise, or (c) any entitlement to receive any rent, profit or other income in connection with the use or occupation of premises on which the business is or is to be carried on (such as, for example, an entitlement of the owner of the premises at which the business is carried on to receive rent as lessor of the premises). relevant position means— (a) the position of director, manager or corporate secretary, or (b) any other position, however designated, if it is an executive position. relevant power means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others— (a) to participate in any directorial, managerial or executive decision, or (b) to elect or appoint any person to any relevant position. 14 Application of Part This Part does not apply to the following public passenger services— (a) a service that is provided using aircraft, other than an air transport service, (b) a service that is provided using a vessel or a train (not being a motor vehicle being used by the operator of a rail passenger service for the carriage of passengers in connection with that service). Note— For accreditation of public passenger services provided by train (including light rail), see the Rail Safety National Law (NSW) and for provisions relating to ferries or other vessels, see the Marine Safety Act 1998. Division 2 Accreditation offences 15 Operator of public passenger service must be accredited A person must not operate a public passenger service unless the person is accredited as the operator of that service. Maximum penalty—1,000 penalty units. 16 Operator of public passenger service must comply with accreditation conditions An operator of a public passenger service must not contravene a condition of the operator's accreditation. Maximum penalty—1,000 penalty units. Division 3 Applications for accreditation 17 Applications for accreditation (1) The following persons may apply for accreditation as an operator of a public passenger service— (a) an individual, (b) 2 or more individuals who intend to carry on the public passenger service jointly under a partnership or other agreement, (c) a body corporate incorporated under a law of this or any other jurisdiction (including the Corporations Act 2001 of the Commonwealth, the Associations Incorporation Act 2009 and the Co-operatives National Law (NSW)). (2) An application for accreditation is to be made to TfNSW for the public passenger service. (3) An application is— (a) to be in a form approved by TfNSW, and (b) to contain the information that TfNSW requires to be provided, and (c) in the case of a body corporate, to specify one or more directors or managers as nominated directors or managers for the purposes of this Part, and (d) to be accompanied by the fee prescribed by the regulations. (4) TfNSW may, by written notice given to the applicant, require the applicant to provide further information relevant to the application that is specified in the notice. (5) TfNSW may from time to time determine the number of persons who are to be nominated as directors or managers under this section, either generally or in any particular case or class of cases. 18 Determination of applications for accreditation generally (1) TfNSW may determine an application for accreditation as an operator of a public passenger service by granting or refusing the application. (2) TfNSW must not grant an application for accreditation as the operator of a public passenger service unless it is satisfied that the applicant meets the general standards for accreditation or the standards for a current operator. (3) The general standards for accreditation (other than as the operator of a public passenger service that is an air transport service) are as follows— (a) that the applicant is a fit and proper person to be responsible for the management of a public passenger service, (b) in the case of a body corporate, that the directors or managers nominated for the purposes of this Part are fit and proper persons to be responsible for the management of a public passenger service, (c) that the applicant has demonstrated the capacity to comply with the standards for financial viability, passenger and public safety and vehicle maintenance prescribed by the regulations for any such service or operator. (d) (Repealed) (4) The general standards for accreditation as an operator of a public passenger service that is an air transport service are as follows— (a) that the applicant is a fit and proper person to be responsible for the management of a public passenger service, (b) in the case of a body corporate, that the directors or managers nominated for the purposes of this Part are fit and proper persons to be responsible for the management of a public passenger service, (c) that the applicant and the applicant's aircraft, pilots and passengers will be adequately insured, (d) that the applicant owns, or has sufficient rights to operate, the aircraft to be used by the applicant. (5) The standards for a current operator are as follows— (a) that the applicant is the holder of an accreditation to operate another public passenger service of the same or a different kind, (b) that the applicant has demonstrated that the applicant complies with any standards applicable to the accreditation being applied for that are additional to those for the accreditation currently held, (c) that the applicant is not the subject of any action being taken or proposed to be taken by TfNSW relating to an accreditation held by the applicant. (6) In the case of a joint application for an accreditation, each individual applying for the joint accreditation must meet the requirements for accreditation. (7) The regulations may prescribe additional standards that are required to be met for accreditation as an operator of a public passenger service, either generally or in a particular case or class of cases. 19 Close associates TfNSW may refuse to grant an accreditation on the ground that a close associate of the applicant has previously held an accreditation (whether for the operation of the same or a different public passenger service), or an air route licence, that has been cancelled. 20 Grants of accreditation (1) An accreditation to operate a public passenger service granted by TfNSW may accredit the operator— (a) to operate one or more specified public passenger services, or (b) to operate a public passenger service having specified characteristics. (2) TfNSW may grant an application for accreditation unconditionally or subject to the conditions specified by TfNSW in the accreditation. Note— TfNSW may also vary the conditions of an accreditation at any time (see section 26). 21 Form of accreditation An accreditation is to be in the form approved by TfNSW. 22 Term of accreditation (1) An accreditation is in force for the period specified by TfNSW in the accreditation unless it is sooner cancelled. (2) An accreditation does not have effect while suspended and the suspension of an accreditation does not affect the day on which the term of an accreditation expires. 23 Renewal of accreditation (1) An accreditation may be renewed on application to TfNSW made before the accreditation expires. (2) This Act applies to an application for the renewal of an accreditation in the same way as it applies to an application for an accreditation. 24 Notice of accreditation decision (1) TfNSW must give an applicant for accreditation or renewal of an accreditation written notice of the decision on the application. (2) If notice of a decision is not given to an applicant within 90 days of an application being made, the application is taken to have been refused. (3) Subsection (2) does not prevent an application from being granted after the period of 90 days has elapsed. 25 Joint accreditation If 2 or more individuals are jointly accredited as operators of a public passenger service, each of those individuals has the obligations of an operator of that service under this Act or the regulations. Division 4 Conditions of accreditation 26 Conditions of accreditation generally (1) An accreditation to operate a public passenger service is subject to the following conditions— (a) any conditions imposed by TfNSW and in force from time to time, (b) any conditions specified by this Act or prescribed by the regulations. (2) TfNSW may at any time, by written notice given to an accredited operator, impose a condition on the accreditation or vary or revoke a condition of the accreditation imposed by TfNSW. (3) TfNSW must not impose a condition on an accreditation that is inconsistent with this Act or the regulations. (4) Without limiting subsection (1), the regulations may prescribe conditions of accreditation relating to reporting occurrences of a specified kind to TfNSW or other persons. 27 Changes to nominated directors and managers (1) An operator of a public passenger service may, by written notice given to TfNSW, nominate, or revoke the nomination of, a director or manager for the purposes of this Part. Note— An accreditation may be suspended or cancelled if the operator does not meet an accreditation standard, including the requirement that a nominated director or manager be a fit and proper person to be responsible for the management of a public passenger service. An accreditation is automatically suspended if there are no nominated directors or managers for a body corporate. (2) It is a condition of the accreditation of a body corporate that is an operator of a public passenger service that the operator give written notice to TfNSW, within 21 days, if a director or manager of the body corporate nominated for the purposes of this Part dies or ceases to be a director or manager of the body corporate. 28 Operation of regulated air routes It is a condition of the accreditation of an operator of an air transport service that the operator must not operate a regular air service on a regulated air route unless the operator holds an air route licence for that route. 29 Bus services—drug and alcohol programs and testing (1) Drug and alcohol program It is a condition of an accreditation of an operator of a bus service— (a) that the operator prepares and implements a drug and alcohol program for its transport safety employees that complies with guidelines approved by TfNSW for the purposes of this section and published in the Gazette, and (b) that the operator ensures that all transport safety employees employed, or contracted, by the operator to perform transport safety work are not under the influence of alcohol or any other drug when about to carry out, or while on duty for the purposes of carrying out (whether or not carrying out), transport safety work. (2) The drug and alcohol program is to include any matters required to be included by the guidelines approved by TfNSW for the purposes of this section. (3) Without limiting subsection (1) (a), the guidelines are to include provisions for or with respect to the following— (a) protocols for fair procedures relating to the operation of the drug and alcohol program, (b) education and assistance of transport safety employees in relation to the drug and alcohol program. (4) Random testing TfNSW may at any time arrange with accredited operators of bus services for the random testing of any person about to carry out transport safety work or on duty for the purposes of carrying out transport safety work for the presence of alcohol or any other drug to ensure that the operators are complying with the conditions imposed by this section. (5) Definition For the purposes of this section, a transport safety employee is to be regarded as being about to carry out transport safety work if the employee— (a) has left home or a temporary residence for work (being transport safety work), and (b) has not commenced work after having so left home or the temporary residence. 30 Other Acts not affected by testing provisions Nothing in this Act or the regulations derogates from the operation of Division 4 of Part 2 of Schedule 3 to the Road Transport Act 2013. Note— Schedule 2 contains regulation-making powers for procedures for testing for alcohol and other drugs. 31 Bus services—safety management systems (1) It is a condition of the accreditation of an operator of a bus service that the operator has, and implements, a safety management system that complies with this section. (2) The safety management system must be documented and must— (a) identify any significant risks that have arisen or may arise from providing the bus service, including carrying out any associated transport safety work, and (b) specify the controls (including audits, expertise, resources and staff) that are to be employed by the operator to manage the risks and to monitor safety outcomes in relation to the provision of the bus service, and (c) comply with any requirements prescribed by the regulations or set out in any guidelines issued by TfNSW under this section and published in the Gazette. (3) TfNSW may issue guidelines with respect to policy objectives and safety initiatives to be adopted by operators in safety management systems. (4) An operator must, if directed to do so by TfNSW, vary a safety management system. Note— A community transport service that uses buses is also a bus service. 32 (Repealed) Division 5 Variation, suspension or cancellation of accreditation 33 Variation, suspension or cancellation of accreditation generally (1) TfNSW may vary, suspend or cancel the accreditation of an operator if— (a) the operator does not comply with a standard required to be met for accreditation as the operator of the public passenger service to which the accreditation relates, or (b) the operator fails to comply with a condition of the accreditation, or (c) the operator fails to comply with this Act or the regulations or an applicable passenger service contract or air route licence, or (d) a close associate of the operator has previously held an accreditation (whether for the operation of the same or a different public passenger service), or an air route licence, that has been cancelled, or (e) for any other reason it thinks fit. Note— TfNSW may also vary the conditions of an accreditation at any time (see section 26). (2) Without limiting subsection (1), TfNSW may take action under this section on the ground that an accredited operator of a public passenger service or a director or manager nominated for the purposes of this Part is not a fit and proper person to be responsible for the management of a public passenger service if TfNSW is of the opinion that the operator has failed, on written request given to the operator by TfNSW, to provide TfNSW with sufficient evidence that the operator, director or manager is a fit and proper person to be responsible for the management of a public passenger service. (3) TfNSW may take action against an operator or person on the ground referred to in subsection (2) without making a written request referred to in that subsection. 34 (Repealed) 35 Automatic suspensions (1) If 2 or more individuals hold a joint accreditation and any one of them dies or ceases to jointly provide the public passenger service— (a) the accreditation is automatically suspended 21 days after the death or cessation if TfNSW has not been notified before that time of the death or cessation, and (b) the accreditation may be cancelled, suspended or varied under this Act because of the death or cessation (whether before or after any such cessation). (2) If an accredited operator that is a body corporate ceases to have any directors or managers who are nominated for the purposes of this Part, the accreditation is automatically suspended when the body ceases to have any directors or managers so nominated. Part 3 Service procurement Division 1 Passenger service contracts 36 Passenger service contracts (1) TfNSW may enter into a passenger service contract on behalf of the State for the provision of a public passenger service with an accredited operator of a public passenger service or the operator of a public passenger service who is not required to be accredited under this Act. (2) TfNSW may enter into a passenger service contract that is subject to a condition precedent that requires a party to obtain an accreditation to operate a public passenger service. (3) A passenger service contract may relate to, but is not limited to, any of the following— (a) a particular area or route, (b) one or more modes of transport, (c) services for specified passengers or classes of passengers. (4) TfNSW may invite passenger service contracts by tender or in any other manner TfNSW thinks fit. (5) A passenger service contract is to specify the term of the contract. (6) A passenger service contract is not to provide a right to renew the contract. (7) A passenger service contract may provide for the operator of the public passenger service to have the first right to negotiate a further contract, subject to meeting any specified requirements. (8) A passenger service contract must provide for the performance standards to be met by the operator of the public passenger service. 36A Contracts for passenger services under Point to Point Transport (Taxis and Hire Vehicles) Act 2016 (1) TfNSW may enter into a passenger service contract on behalf of the State for the provision of a service with the provider of a passenger service within the meaning of the Point to Point Transport (Taxis and Hire Vehicles) Act 2016. (2) TfNSW may enter into a passenger service contract that is subject to a condition precedent that requires a party to comply with the requirements to obtain an accreditation to operate a public passenger service. (3) This Act (other than section 36 (1) and (2)) applies to a passenger service contract under this section as if it were a passenger service contract entered into with an operator of a public passenger service. 36B Contracts for Sydney Metro passenger services (1) Sydney Metro may enter into a passenger service contract on behalf of the State for the provision of a metro public passenger service with an accredited operator of a public passenger service or the operator of a public passenger service who is not required to be accredited under this Act. (2) Sydney Metro may enter into a passenger service contract that is subject to a condition precedent that requires a party to obtain an accreditation to operate a public passenger service. (3) A passenger service contract under this section— (a) is to specify the term of the contract, and (b) is not to provide a right to renew the contract, and (c) may provide for the operator of the public passenger service to have the first right to negotiate a further contract, subject to meeting any specified requirements, and (d) must provide for the performance standards to be met by the operator of the public passenger service. (4) This Act (other than section 36 (1) and (2)) applies to a passenger service contract under this section as if it were a passenger service contract entered into with an operator of a public passenger service. (5) A reference in another provision of this Act to TfNSW in relation to a passenger service contract or the provision of a public passenger service is taken to include a reference to Sydney Metro in relation to a passenger service contract entered into under this section or the provision of a metro public passenger service, as the case requires. (6) In this section, metro public passenger service means a public passenger service provided by means of a metro within the meaning of the Transport Administration Act 1988. 37 Further contracts (1) TfNSW may enter into a further passenger service contract with an operator on, before or after the expiry of the term of a passenger service contract with the operator. (2) A further contract may be on the same or different terms. (3) However, nothing in this Part confers a right to or expectation of a further contract. 38 Enforcement of performance standards and civil penalties (1) Performance standards provided for by a passenger service contract are to be enforced by civil penalty provisions or in any other manner that the contract may provide. (2) A person who contravenes a provision of a passenger service contract that is enforceable by a civil penalty provision is liable to pay, as a debt due to the State, an amount determined in accordance with the contract as the penalty for the contravention. (3) A passenger service contract may provide that an amount payable under a civil penalty provision may also be recovered by withholding amounts otherwise payable under the contract and may contain other related provisions. (4) Subsection (1) does not limit the provisions of a passenger service contract that may be enforced by civil penalty provisions. (5) In this section— civil penalty provision means a provision of a passenger service contract that provides for the payment of an amount of penalty for the contravention of a specified provision of the contract. (6) This section has effect despite any other law. 39 Regular timetabled services must have contract (1) A person must not operate a public passenger service that is conducted according to regular routes and timetables or according to regular routes and at regular intervals otherwise than under the authority of a passenger service contract. Maximum penalty—1,000 penalty units. (2) This section does not apply to the following public passenger services— (a) an air transport service, (b) a bus service or a ferry service conducted according to one or more regular routes, in which each passenger is transported for a distance of not less than 40 kilometres, (c) a tourist service, (d) a community transport service. (3) This section does not apply to an operator of a public passenger service if— (a) the person is an accredited operator of the public passenger service or is not required to be accredited, and (b) the service is operated under a subcontract or other arrangement with the holder of the passenger service contract for the service, and (c) the subcontract or other arrangement is authorised under the passenger service contract. (4) This section does not apply to a public passenger service exempted by TfNSW by order published in the Gazette. An exemption may be unconditional or subject to conditions specified in the order. (5) TfNSW must have regard to any applicable policy approved by the Minister for the purposes of subsection (4) before making an order under that subsection. 40 Exclusive rights (1) A passenger service contract may confer on the operator of a bus service, ferry service or rail passenger service the exclusive right to operate a service conducted according to regular routes and timetables or according to regular routes and at regular intervals in the area or route to which the contract applies. (2) An exclusive right granted under a contract under this section does not affect any right to provide the following bus, ferry or rail passenger services in the same area or on the same route— (a) a service conducted according to one or more regular routes, in which each passenger is transported for a distance of not less than 40 kilometres, (b) a tourist service. (3) The following are specifically authorised by this Act for the purposes of the Competition and Consumer Act 2010 of the Commonwealth and the Competition Code of New South Wales— (a) any passenger service contract or other agreement containing a provision authorised by this section or giving effect to a provision of this section, (b) the entering or making of any such contract or agreement, (c) conduct authorised or required by or under the terms or conditions of any such contract or agreement. (4) Conduct authorised by subsection (3) is authorised only to the extent (if any) that it would otherwise contravene Part IV of the Competition and Consumer Act 2010 of the Commonwealth and the Competition Code of New South Wales. (5) TfNSW is to cause a register to be kept of all exclusive rights in force under a term of a contract that is authorised under this section and is to make that register publicly available. Division 2 Licensing for regulated air routes 41 Operator of regulated air route must be licensed A person must not operate an air transport service unless the person holds an air route licence for the regulated air route for which the service is provided. Maximum penalty—1,000 penalty units. 42 Licence holder must comply with conditions The holder of an air route licence must not contravene a condition of the licence. Maximum penalty—1,000 penalty units. 43 Applications for air route licences (1) The following persons may apply for a licence for a regulated air route— (a) an individual, (b) 2 or more individuals who intend to operate the route under a partnership or other agreement, (c) a body corporate incorporated under a law of this or any other jurisdiction (including the Corporations Act 2001 of the Commonwealth, the Associations Incorporation Act 2009 and the Co-operatives National Law (NSW)). (2) An application for an air route licence is to be made to TfNSW. (3) TfNSW may invite applications by tender or in any other form for an air route licence for one or more specified regulated air routes and may specify the time within which the applications are to be made. TfNSW is not required to consider any application that is not made within the specified time. (4) An application is— (a) to be in a form approved by TfNSW, and (b) to contain the information that TfNSW requires to be provided, and (c) in the case of an application for which tenders have been invited, to be accompanied by a sealed tender if required by TfNSW, and (d) to be accompanied by the fee prescribed by the regulations. (5) TfNSW may, by written notice given to the applicant, require the applicant to provide further information relevant to the application that is specified in the notice. 44 Determination of applications for air route licence (1) TfNSW may determine an application for an air route licence by granting or refusing the application. (2) In determining an application for an air route licence, TfNSW must take into account the following matters and is not to consider any additional matters— (a) the air transport service needs of the public in relation to the route concerned and whether the grant of the licence will meet those needs, (b) the allocation of air transport routes so as to facilitate the provision of adequate and reasonable public passenger transport by air in New South Wales by more than one airline and to discourage the development of any monopoly of the provision of such transport in New South Wales, (c) the effect, if any, of the operation of the service over the proposed routes on the maintenance and orderly development of adequate and reasonable public passenger transport by air in New South Wales, (d) the effect, if any, on the economic development or on the environment of any area within New South Wales, of the operation of aircraft by the applicant over the proposed routes. (3) Nothing in this Part requires TfNSW to grant an air route licence for which applications have been invited to be made or have otherwise been made. Note— A person who operates a regulated air route under an air route licence is also required to comply with the requirements of the Civil Aviation Act 1988 of the Commonwealth. These include a requirement to hold an Air Operator's Certificate of the appropriate kind granted by the Civil Aviation Safety Authority of the Commonwealth under that Act. 45 Grants of air route licences (1) An air route licence is to specify the regulated air route or routes to which it applies. (2) TfNSW may grant an application for an air route licence unconditionally or subject to the conditions specified by TfNSW in the licence. Note— TfNSW may also vary the conditions of a licence at any time (see section 51). 46 Form of air route licence An air route licence is to be in the form approved by TfNSW. 47 Term of air route licence (1) An air route licence is in force for the period specified by TfNSW in the licence unless it is sooner cancelled. (2) An air route licence does not have effect while suspended and the suspension of an air route licence does not affect the day on which the term of an air route licence expires. 48 No renewals of air route licences (1) There is no right to a renewal of an air route licence. (2) However, this section does not prevent a person from being granted an air route licence for the same regulated air route for which the person was the previous holder of an air route licence. 49 Notice of decision (1) TfNSW must give an applicant for an air route licence written notice of the decision on the application. (2) If notice of a decision is not given to an applicant within 90 days of an application being made, the application is taken to have been refused. (3) Subsection (2) does not prevent an application from being granted after the period of 90 days has elapsed. 50 Joint holders If 2 or more individuals are jointly holders of an air route licence, each of those individuals has the obligations of a holder of that licence under this Act or the regulations. 51 Conditions of air route licences (1) An air route licence is subject to the following conditions— (a) any conditions imposed by TfNSW and in force from time to time, (b) any conditions specified by this Act or prescribed by the regulations. (2) TfNSW may at any time, by written notice given to the holder of an air route licence, impose a condition on the licence or vary or revoke a condition of the licence imposed by TfNSW. (3) In deciding whether to impose a condition on an air route licence or to vary or revoke a condition of a licence, TfNSW must have regard to the matters set out in section 44 (2). (4) TfNSW must not impose a condition on an air route licence that is inconsistent with this Act or the regulations. 52 Variation, suspension or cancellation of air route licence TfNSW may vary, suspend or cancel an air route licence if— (a) having regard to the matters specified in section 44 (2) that TfNSW thinks relevant, TfNSW thinks it appropriate to do so, or (b) the holder ceases to be accredited to operate an air transport service, or (c) the holder ceases to operate a regulated air route to which the licence relates or fails to operate it to the satisfaction of TfNSW. Note— TfNSW may also vary the conditions of a licence at any time (see section 51). 53 Temporary air route licences (1) TfNSW may grant a temporary air route licence for a regulated air route to an accredited operator of a public passenger service if— (a) the licence of a current holder of an air route licence for the regulated air route (the current holder) is suspended or cancelled or TfNSW is of the opinion that the current holder is failing to operate the regulated air route or failing to operate it to the satisfaction of TfNSW, and (b) TfNSW is of the opinion that the issue of the temporary air route licence is necessary to maintain an air transport service pending the determination or completion of action against the current holder's air route licence or the granting of a new air route licence. (2) TfNSW may determine the procedures for applications for and the granting of, the requirements for and any conditions of a temporary air route licence. (3) TfNSW may suspend, vary or cancel a temporary air route licence at any time and for any reason. (4) A temporary air route licence ceases to have effect if— (a) TfNSW gives written notice to that effect to the holder of the temporary licence, or (b) TfNSW grants an air route licence for the same regulated air route. (5) No compensation is payable to any person by or on behalf of TfNSW or otherwise by or on behalf of the State for loss or damage arising directly or indirectly from the grant of or any action taken with respect to a temporary air route licence, or a licence held by a current holder or a current holder, under this section. No proceedings for damages or other relief, whether grounded at law or in equity, for the purpose of restraining the taking of an action under this section, or of obtaining compensation in respect of any such loss or damage may be maintained. (6) Subsection (5) extends to the following— (a) compensation because of any act, statement or conduct relating to the grant of or any action taken with respect to a temporary air route licence or the operation of an air transport service, (b) any person exercising a function or engaging in conduct for the purposes of this section at the request or direction of TfNSW or otherwise by or on behalf of the Crown, other than the current holder or a person who provided services on behalf of the current holder. (7) In this section— compensation includes damages or any other form of compensation (whether or not monetary). conduct includes any act or omission, whether unconscionable, misleading, deceptive or otherwise. statement includes a representation of any kind— (a) whether made verbally or in writing, and (b) whether negligent, false, misleading or otherwise. the State means the Crown within the meaning of the Crown Proceedings Act 1988 and includes an officer, employee or agent of the Crown. 54 Joint licences If 2 or more individuals hold a joint air route licence and any one of them dies or ceases to jointly provide the air transport service concerned— (a) the air route licence is automatically suspended 21 days after the death or cessation if TfNSW has not been notified before that time of the death or cessation, and (b) the licence may be cancelled, suspended or varied under this Act because of the death or cessation (whether before or after any such cessation). Part 4 Driver authorities Division 1 Preliminary 55 Application of Part This Part applies to drivers of motor vehicles used for the purposes of the following public passenger services— (a) a bus service, (b), (c) (Repealed) (d) a tourist service provided by a bus, (e) a charter service provided by a bus, (f) any other public passenger service prescribed for the purposes of this section. 56 Types and classes of driver authority The regulations may provide for the types and classes of driver authorities. Division 2 Driver authority offences 57 Driver for public passenger service must hold driver authority A person must not drive a vehicle used to provide a public passenger service referred to in section 55 unless the person is the holder of a driver authority to drive a vehicle of that kind for a service of that kind. Maximum penalty—100 penalty units. 58 Driver of public passenger service must comply with driver authority conditions The holder of a driver authority must not contravene a condition of the driver authority. Maximum penalty—100 penalty units. Division 3 Applications for driver authorities 59 Applications for driver authority (1) An individual who is not less than 20 years of age may apply for a driver authority. (2) An application for a driver authority is to be made to TfNSW. (3) An application is— (a) to be in a form approved by TfNSW, and (b) to contain the information that TfNSW requires to be provided, and (c) to be accompanied by the fee prescribed by the regulations. (4) TfNSW may, by written notice given to the applicant, require the applicant to provide further information relevant to the application that is specified in the notice. 60 Determination of applications for driver authorities generally (1) TfNSW may determine an application for a driver authority by granting or refusing the application. (2) TfNSW must not grant an application for a driver authority to drive a vehicle used to provide a public passenger service unless it is satisfied that the applicant meets the general standards for an authority or the standards for a current driver. (3) The general standards for a driver authority are as follows— (a) that the applicant is at least 20 years of age, (b) that the applicant is of good repute and is in all other respects a fit and proper person to be the driver of a vehicle used to provide a public passenger service, (c) that the applicant has demonstrated sufficient responsibility and aptitude to drive the vehicle to which the authority relates in accordance with law and custom and the standards under which the public passenger service operates, (d) that the applicant holds an unrestricted driver licence (within the meaning of the Road Transport Act 2013) to drive a vehicle to which the authority relates or any other licence to drive the vehicle prescribed by the regulations for the purposes of this subsection. (4) The standards for a current driver are as follows— (a) that the applicant is the holder of a driver authority to drive a vehicle used to provide a public passenger service of the same or a different kind, (b) that the standards required to be met for the grant of the driver authority are substantially similar to those required for the authority being applied for or the applicant has demonstrated that the applicant meets any additional standards applicable to the driver authority being applied for, (c) that the applicant is not the subject of any action being taken or proposed to be taken by TfNSW relating to a driver authority held by the applicant. (5) The regulations may prescribe additional standards that are required to be met for the grant of a driver authority, either generally or in a particular case or class of cases. 61 Additional standards for bus drivers It is also a standard for a driver authority to drive a bus used to provide a bus service that the applicant has successfully completed a bus driver training course approved by TfNSW and conducted by a registered training organisation or TfNSW is satisfied the applicant has the appropriate competence. 62 (Repealed) 63 Applications after refusal or cancellation (1) TfNSW may refuse to consider an application for a driver authority if the applicant— (a) has made an unsuccessful application for a driver authority or was the holder of a driver authority (whether of the same or a different kind) that has been cancelled under this Act, and (b) the application is made within 12 months after the refusal or the cancellation took effect. (2) There is no right to apply to the Civil and Administrative Tribunal for an administrative review of a decision under this section to refuse to consider an application. 64 Conditions of driver authorities TfNSW may grant an application for a driver authority unconditionally or subject to the conditions specified by TfNSW in the authority. 65 Form of driver authority (1) A driver authority is to be in the form approved by TfNSW. (2) The regulations may make provision for or with respect to the issue, use or replacement of or other dealings with driver authority cards for holders of driver authorities. 66 Term of driver authority (1) A driver authority is in force for the period specified by TfNSW in the authority unless it is sooner cancelled. (2) A driver authority does not have effect while suspended and the suspension of an authority does not affect the day on which the term of an authority expires. 67 Renewal of driver authority (1) A driver authority may be renewed on application to TfNSW made before the expiry of the authority. (2) This Act applies to an application for the renewal of a driver authority in the same way as it applies to an application for an authority. 68 Notice of decision (1) TfNSW must give an applicant for a driver authority or renewal of an authority written notice of the decision on the application. (2) If notice of a decision is not given to an applicant within 90 days of an application being made, the application is taken to have been refused. (3) Subsection (2) does not prevent an application from being granted after the period of 90 days has elapsed. Division 4 Conditions of driver authorities 69 Conditions of driver authorities generally (1) A driver authority to drive a vehicle used to provide a public passenger service is subject to the following conditions— (a) any conditions imposed by TfNSW and in force from time to time, (b) any conditions specified by this Act or prescribed by the regulations. (2) TfNSW may at any time, by written notice given to the holder of a driver authority, impose a condition on the authority or vary or revoke a condition of the authority imposed by TfNSW. (3) TfNSW must not impose a condition on a driver authority that is inconsistent with this Act or the regulations. (4) Without limiting subsection (1), the regulations may prescribe conditions on a driver authority relating to reporting occurrences of a specified kind to TfNSW or other persons. 70 (Repealed) Division 5 Variation, suspension or cancellation of driver authorities 71 Variation, suspension or cancellation of driver authorities generally (1) TfNSW may vary, suspend or cancel a driver authority if— (a) the holder does not comply with a standard required to be met for the grant of a driver authority of that kind, or (b) the holder fails to comply with a condition of the driver authority, or (c) the holder fails to comply with this Act or the regulations, or (d) a driver licence held by the holder is cancelled, suspended or expires or the holder is otherwise disqualified from driving a motor vehicle, or (e) proceedings have been commenced against the holder for an offence of a kind prescribed by the regulations, or (f) for any other reason it thinks fit. Note— TfNSW may also vary the conditions of a driver authority at any time (see section 69). (2) Without limiting subsection (1), TfNSW may take action under this section on the ground that the holder of a driver authority is not of good repute and in all other respects a fit and proper person to hold a driver authority if TfNSW is satisfied that the holder has failed, on written request given to the holder by TfNSW, to provide TfNSW with sufficient evidence that the holder is a person of good repute and is in all other respects a fit and proper person to hold a driver authority. (3) TfNSW may take action against the holder of a licence on the ground referred to in subsection (2) without making a written request referred to in that subsection. Parts 5, 6 72–120 (Repealed) Part 7 Passenger transport fares, concessions and fees Division 1 Preliminary 121 Definition In this Part— fares order means an order made by TfNSW under section 125. Division 2 Fares and other related matters 122 Application of Division This Division applies to the following public passenger services— (a) a public passenger service operated by a corporation constituted under the Transport Administration Act 1988 or the regulations under that Act, (b) (Repealed) (c) a service provided by an operator under a passenger service contract (other than a corporation referred to in paragraph (a)), if the contract so provides, (d) any other service prescribed by the regulations for the purposes of this Part. 123 Referrals to IPART (1) The Minister may, with the approval of the Minister administering the Independent Pricing and Regulatory Tribunal Act 1992, refer all or any of the services provided by one or more public passenger services to IPART for determination of or a recommendation as to the following— (a) appropriate maximum fares for the service or services, (b) appropriate maximum fares for specified fares or classes of fares for the service or services. (2) A referral may do any or all of the following— (a) specify a period within which IPART is to report to the Minister on its determination or recommendation, (b) require IPART to consider specified matters when making its investigations for the purposes of its report. (3) A matter relating to a service referred to in section 122 (a) or (c) may be referred to IPART under this section for a recommendation or for a determination. (4) A matter relating to any other public passenger service may be referred to IPART under this section only for a recommendation. (5) IPART may request the Minister to refer a matter to IPART under this section. (6) A referral may be varied or withdrawn by the Minister, with the approval of the Minister administering the Independent Pricing and Regulatory Tribunal Act 1992. A variation or withdrawal of a referral does not affect the operation of this Act or that Act in respect of a report on the referral, or the subject-matter of the report, if the report was received by the Minister from IPART before the variation or withdrawal. 124 IPART investigations and determinations (1) IPART is to conduct investigations and report to the Minister on the appropriate maximum fares if a referral is made under this Part. (2) IPART may report to the Minister on any matter it considers relevant that arises from an investigation under this Part. (3) IPART is to consider the following matters in making a determination or recommendation under this Part— (a) the cost of providing the services, (b) the need for greater efficiency in the supply of services so as to reduce costs for the benefit of consumers and taxpayers, (c) the protection of consumers from abuses of monopoly power in terms of prices, pricing policies and standards of service, (d) the social impact of the determination or recommendation, (e) the impact of the determination or recommendation on the use of the public passenger transport network and the need to increase the proportion of travel undertaken by sustainable modes such as public transport, (f) standards of quality, reliability and safety of the services (whether those standards are specified by legislation, agreement or otherwise), (g) the effect of the determination or recommendation on the level of Government funding, (h) any matter specified in the referral to IPART, (i) any other matter IPART considers relevant. (4) IPART must indicate what regard it has had to the matters specified in this section in any report of a determination or recommendation under this Part. (5) If IPART makes a determination or recommendation to increase the maximum fare for a service provided by a corporation constituted under the Transport Administration Act 1988 or under a passenger service contract that provides (however expressed) for the payment of fare revenue to TfNSW, IPART is required to assess and report on the likely annual cost to the Consolidated Fund if the fare were not increased to the maximum permitted and compensation were paid to the corporation or TfNSW for the revenue foregone by an appropriation from the Consolidated Fund. (6) Sections 13A–14A and Divisions 6 and 7 of Part 3 of the Independent Pricing and Regulatory Tribunal Act 1992 apply to an investigation and report by IPART under this Part in the same way as they apply to a determination, investigation or report under that Act. The provisions so apply as if a reference in those provisions to the Minister were a reference to the Minister administering this Act. 125 Fares orders (1) TfNSW may, by order published on the NSW legislation website (a fares order), determine the following for all or any of the services provided by one or more public passenger services— (a)