S. 3(1) def. of bus amended by Nos 106/1997 s. 28(a), 69/2007 s. 41(2), substituted by No. 13/2009 s. 82(1)(b). bus has the same meaning as it has in section 3(1) of the Bus Safety Act 2009; S. 3(1) def. of courtesy service inserted by No. 106/1997 s. 28(b), repealed by No. 13/2009 s. 82(1)(a). * * * * * S. 3(1) def. of disqualifying offence repealed by No. 34/2003 s. 20(a), new def. of disqualifying offence inserted by No. 49/2004 s. 18(a), repealed by No. 13/2009 s. 82(1)(a). * * * * * s. 3 S. 3(1) def. of hire and drive service inserted by No. 106/1997 s. 28(b), amended by No. 2/2008 s. 58, repealed by No. 13/2009 s. 82(1)(a). * * * * *
S. 3(1) def. of motor vehicle inserted by No. 69/2007 s. 41(1), repealed by No. 49/2011 s. 33. * * * * * S. 3(1) def. of private bus service inserted by No. 106/1997 s. 28(b), repealed by No. 13/2009 s. 82(1)(a). * * * * * S. 3(1) def. of public passenger vehicle repealed by No. 13/2009 s. 82(1)(a). * * * * * S. 3(1) def. of Public Transport Development Authority inserted by No. 61/2011 s. 25(Sch. 1 item 1.1(a)). Public Transport Development Authority means the Public Transport Development Authority established under section 79A of the Transport Integration Act 2010; s. 3 S. 3(1) def. of regular passenger service substituted by No. 13/2009 s. 82(1)(c). regular passenger service means— (a) a route bus service within the meaning of the Bus Safety Act 2009; (b) a demand responsive bus service within the meaning of the Bus Safety Act 2009; (c) a prescribed class of bus service other than a prescribed class of route bus service or demand responsive bus service;
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). * * * * *
S. 26(2) amended by Nos 45/1999 s. 35(1), 47/2006 s. 35(1)(a), substituted by No. 61/2011 s. 25(Sch. 1 item 1.4). (2) The Public Transport Development Authority may enter into a service contract with an accredited person. S. 26(3) amended by Nos 45/1999 s. 35(1), 47/2006 s. 35(1)(b), 61/2011 s. 25(Sch. 1 item 1.3). (3) The Public Transport Development Authority may invite accredited persons to tender for a service contract. S. 26(4) amended by Nos 45/1999 s. 35(1), 47/2006 s. 35(1)(c), substituted by No. 69/2007 s. 46, amended by No. 61/2011 s. 25(Sch. 1 items 1.3, 1.5). (4) In awarding a service contract the Public Transport Development Authority may apply any principles determined by the Public Transport Development Authority for the purpose of awarding service contracts. S. 26(4A) inserted by No. 69/2007 s. 46, amended by No. 61/2011 s. 25(Sch. 1 item 1.3). (4A) The Public Transport Development Authority must give a copy of the principles referred to in subsection (4) to— S. 26(4A)(a) amended by No. 61/2011 s. 25(Sch. 1 item 1.3). (a) a person whom the Public Transport Development Authority invites to tender for a service contract; (b) a person who tenders for a service contract;
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
passenger service with any of the affected service contract holders; and (b) at least one of the affected service contract holders is a materially affected service contract holder. S. 30H(2) amended by No. 61/2011 s. 25(Sch. 1 item 1.3). (2) The Public Transport Development Authority must take action under— (a) section 30I if there is only one materially affected service contract holder; (b) section 30J if there is more than one materially affected service contract holder. Subdivision 3—Stage 2 procurement process (materially affected service contract holders) S. 30I inserted by No. 69/2007 s. 53. 30I Stage 2 procurement process—Only one materially affected service contract holder S. 30I(1) amended by No. 61/2011 s. 25(Sch. 1 item 1.3). (1) The Public Transport Development Authority must give the materially affected service contract holder the opportunity to negotiate exclusively with the Public Transport Development Authority for the right to provide the new regular passenger service. S. 30I(2) amended by No. 61/2011 s. 25(Sch. 1 item 1.3). (2) If, following negotiations with the materially affected service contract holder, the Public Transport Development Authority and that contract holder agree that the contract holder may provide the new regular passenger service, the exclusive right of operation of every other affected service contract holder to provide a regular passenger service is, to the extent necessary to enable the materially affected service contract holder to provide the new regular passenger service, extinguished by force of this subsection when, as the case requires, the service contract or variation of service contract for the
Division 5—Transfer of property used in provision of regular passenger services S. 30L inserted by No. 69/2007 s. 53. 30L Definitions s. 30L In this Division— associated operator means a person specified in a primary contract— (a) as an associated operator; and (b) as a person to whom this Division applies; S. 30L def. of former property amended by No. 61/2011 s. 25(Sch. 1 item 1.8(a)). former property means relevant property that, under this Division, has vested in the Public Transport Development Authority or another person in accordance with an allocation statement; former transferor instrument means an instrument or an oral agreement subsisting immediately before the relevant date— (a) to which the transferor was a party; or (b) that was given to, or in favour of, the transferor; or (c) that refers to the transferor; or (d) under which— (i) money is, or may become, payable to or by the transferor; or (ii) other property is to be, or may become liable to be, transferred to or by the transferor; primary contract means a service contract referred to in section 30M(1) (as amended from time to time); s. 30L property means any legal or equitable estate or interest (whether present or future and
whether vested or contingent) in real or personal property of any description; S. 30L def. of related contract substituted by No. 61/2011 s. 25(Sch. 1 item 1.8(b)). related contract means a contract between the holder of the primary contract, or an associated operator, and the Public Transport Development Authority in accordance with the primary contract, and if such contract is amended, that contract as amended; S. 30L def. of related deed amended by No. 61/2011 s. 25(Sch. 1 item 1.8(c)). related deed means a deed— (a) known as an option deed under a primary contract; and (b) between the holder of the primary contract, or an associated operator, and the Public Transport Development Authority in accordance with the primary contract— and if the deed is amended, that deed as amended; relevant property means property of a holder of a service contract, or an associated operator, which, under a primary contract, the parties to that contract agree is relevant property for the purposes of this Division; s. 30M relevant date, in relation to an allocation statement under section 30N or relevant property allocated under such a statement, means the date, or the date and time, fixed by the Minister under section 30N(5) for the purposes of that statement; rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective;
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
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;
Assent Date: 15.11.11 Commencement Date: S. 25 on 15.12.11: Special Gazette (No. 407) 13.12.11 p. 1; Sch. 1 item 1 on 2.4.12: Special Gazette (No. 101) 27.3.12 p. 1 : This information relates only to the provision/s amending the Bus Services Act 1995 Statute Law Revision Act 2013, No. 70/2013 Assent Date: 19.11.13 Commencement Date: S. 4(Sch. 2 item 7) on 1.12.13: s. 2(1) Current State: This information relates only to the provision/s amending the Bus Services Act 1995 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes