S. 3(2) amended by Nos 6/1999 s. 3, 6/2010 s. 203(1) (Sch. 6 item 39.1) (as amended by No. 45/2010 s. 22). (2) Expressions used in this Act and in the Transport (Compliance and Miscellaneous) Act 1983 (other than "operate") that are not defined in subsection (1) or elsewhere in this Act have the same meanings as in the Transport (Compliance and Miscellaneous) Act 1983 (including Part VI of that Act). S. 3(3) amended by No. 6/2010 s. 203(1) (Sch. 6 item 39.1) (as amended by No. 45/2010 s. 22). (3) This Act is to be read and construed as one with the Transport (Compliance and Miscellaneous) Act 1983. s. 3 S. 3(4) amended by No. 62/2001 s. 95. (4) The Governor in Council may, by Order published in the Government Gazette, declare this Act to be relevant legislation for the purposes of the Essential Services Commission Act 2001 and, on the publication of that Order, this Act is relevant legislation for the purposes of that Act. S. 3(5) inserted by No. 13/2009 s. 83(2). (5) On and from the commencement of section 83 of the Bus Safety Act 2009, a reference to the Public Transport Competition Act 1995 in any Act (other than in the Bus Safety Act 2009) or in any instrument made under any Act or in any other document of any kind, must be read and construed as a reference to the Bus Services Act 1995, unless the context otherwise requires. S. 3A inserted by No. 106/1997 s. 29, amended by No. 6/1999 s. 4, repealed by No. 13/2009 s. 82(2). * * * * *
stage 2 procurement process means the process provided for under section 30J. S. 30B inserted by No. 69/2007 s. 53. 30B When is an affected service contract holder a materially affected service contract holder? s. 30B (1) An affected service contract holder is a materially affected service contract holder if— (a) the affected service contract holder provides a regular passenger service— (i) along an affected exclusive route of operation that will be materially affected; or (ii) within an affected exclusive region that will be materially affected; or (b) a determination under section 30C applies to that affected service contract holder. (2) For the purposes of this section, an affected exclusive route of operation, or an affected exclusive region, will be materially affected if— Xro > where— Xro is the relevant overlap (expressed as a percentage); and N is the number of affected service contract holders. (3) In subsection (2), relevant overlap means— where— A is— (a) in the case of an affected exclusive route of operation—that part, or the sum of the parts, of the affected exclusive route of operation, as
transferee means a person to whom relevant property is allocated under an allocation statement under section 30N; transferor means the holder of a service contract, or an associated operator, from which relevant property is transferred under an allocation statement under section 30N. S. 30M inserted by No. 69/2007 s. 53. 30M Property of certain holders of service contracts and associated operators (1) This section applies if— S. 30M(1)(a) amended by No. 61/2011 s. 25(Sch. 1 item 1.9). (a) a provision of a service contract provides for the transfer of relevant property of the holder of that contract, or an associated operator, to the Public Transport Development Authority or any other person (whether in accordance with that service contract or a related contract or a related deed) in circumstances specified in that contract; and (b) that provision is expressed to be a transfer provision for the purposes of this Division. S. 30M(2) amended by No. 61/2011 s. 25(Sch. 1 item 1.3). (2) The Public Transport Development Authority may give to the Minister, at a time, or within a period, determined under the primary contract, a statement or statements to be approved by the Minister relating to any or all of the relevant property. S. 30N inserted by No. 69/2007 s. 53. 30N Allocation statement s. 30N (1) A statement under section 30M— S. 30N(1)(a) amended by No. 61/2011 s. 25(Sch. 1 item 1.3). (a) must allocate relevant property to or between the State and such persons as the Public Transport Development Authority nominates in writing; and
(2) In this section Act does not include the Charter of Human Rights and Responsibilities. S. 30Z inserted by No. 69/2007 s. 53. 30Z Corporations Act displacement The provisions of this Division are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act in relation to the provisions of Chapter 5 of that Act. Note s. 30Z Section 5G of the Corporations Act provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency. _______________ S. 31 amended by No. 52/1998 s. 311(Sch. 1 item 80.2), repealed by No. 34/2003 s. 20(b). * * * * * S. 32 amended by Nos 28/1996 s. 16(3), 106/1997 s. 31(2)(3), 52/1998 s. 311(Sch. 1 item 80.3) (as amended by No. 101/1998 s. 22(1)(l)), repealed by No. 34/2003 s. 20(b). * * * * *
S. 34(6) amended by Nos 9/2006 s. 147(3), 47/2006 s. 36(Sch. 2 item 7(e)), 61/2011 s. 25(Sch. 1 item 1.13). (6) A fee due to the Public Transport Development Authority or Safety Director (as the case requires) under this section may be recovered as a debt in a court of competent jurisdiction. (7) If the fee is not paid within 30 days after the date that it was required to be paid, the amount payable includes an additional amount by way of interest on the fee due at the rate for the time being fixed under section 2 of the Penalty Interest Rates Act 1983. S. 35 amended by Nos 28/1996 s. 14, 45/1999 s. 35(6), 9/2006 s. 148, 47/2006 s. 36(Sch. 2 item 8), repealed by No. 61/2011 s. 25(Sch. 1 item 1.14). * * * * * s. 36 36 No compensation payable S. 36(1) amended by No. 9/2006 s. 149(1), repealed by No. 47/2006 s. 35(2). * * * * * S. 36(1A) inserted by No. 45/1999 s. 36, amended by No. 61/2011 s. 25(Sch. 1 item 1.15). (1A) No compensation is payable to any person in respect of or as a consequence of any decision of the Public Transport Development Authority under this Act— (a) to enter into or not to enter into a service contract with any person;