Authorised Version No. 041
Bus Services Act 1995
No. 68 of 1995
Authorised Version incorporating amendments as at
1 December 2013
table of provisions
Section Page
iii
Authorised by the Chief Parliamentary Counsel
Section Page
Part 1—Preliminary 1
1 Purpose 1
2 Commencement 1
3 Definitions 1
3C Transport Integration Act 2010 6
4 Crown to be bound 6
4A Declaration power of Public Transport Development Authority 6
Part 3—Regular Passenger Services 9
Division 1—Service contract requirement for regular passenger services 9
25 Service must not be operated or offered without service
contract 9
Division 2—Service contracts 10
26 Service contracts 10
27 Nature of service contracts 11
27A Civil penalty provisions in operative service contracts 13
28 Regions or routes of operation 14
Division 3—Variation, suspension, cancellation of service
contracts 16
30 Variation, suspension or cancellation of service contracts 16
Division 4—New regular passenger services 17
Subdivision 1—Interpretation 17
30A Definitions 17
30B When is an affected service contract holder a materially
affected service contract holder? 19
30C Certain affected service contract holders may be materially affected service contract holders 21
Subdivision 2—Stage 1 procurement process (affected service contract holders) 21
30D Proposed new regular passenger services that will affect only
one service contract holder 22
30E Proposed new regular passenger service that will affect more
than one existing service contract holder—Stage 1 23
30F Outcome of stage 1 of procurement process if an affected
service contract holder is successful 23
30G End of stage 1 process—No agreement (and there is no materially affected service contract holder) 24
30H End of stage 1 process—No agreement (and there is a
materially affected service contract holder) 24
Subdivision 3—Stage 2 procurement process (materially
affected service contract holders) 25
30I Stage 2 procurement process—Only one materially affected service contract holder 25
30J Stage 2 procurement process—More than one materially
affected service contract holder 26
30K Outcome of stage 2 procurement process—More than one materially affected service contract holder 27
Division 5—Transfer of property used in provision of regular passenger services 28
30L Definitions 28
30M Property of certain holders of service contracts and associated operators 30
30N Allocation statement 30
30O Relevant property transferred in accordance with statement 31
30P Allocation of relevant property subject to encumbrances 32
30Q Certificate signed by the Chief Executive Officer of the
Public Transport Development Authority 32
30R Consideration for transferred property 33
30S Former transferor instruments and agreements 33
30T Interests in land 33
30U Amendment of Register 34
30V Proceedings 34
30W Taxes 34
30X Evidence 34
30Y Validity of things done under this Division 35
30Z Corporations Act displacement 36
Part 4—Miscellaneous 37
34 Fees 37
36 No compensation payable 39
37 Supreme Court—limitation of jurisdiction 40
38 Regulations 40
38A Extension of operation of Regulations 43
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ENDNOTES 45
1. General Information 45
2. Table of Amendments 46
3. Explanatory Details 49
iii
Authorised by the Chief Parliamentary Counsel
Authorised Version No. 041
Bus Services Act 1995
No. 68 of 1995
Authorised Version incorporating amendments as at
1 December 2013
2
Authorised by the Chief Parliamentary Counsel
Part 1—Preliminary
Bus Services Act 1995
No. 68 of 1995
The Parliament of Victoria enacts as follows:
Part 1—Preliminary
S.1 substituted by No.13/2009 s.81.
1 Purpose
The purpose of this Act is to implement a system of service contracts for certain types of bus services and to provide for the service standards that are to apply in the provision of those bus services and other bus services.
2 Commencement
(1) This Part comes into operation on the day on which this Act receives the Royal Assent.
(2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(3) If a provision referred to in subsection (2) does not come into operation within the period of 6months beginning on, and including, the day on which this Act receives the Royal Assent, it comes into operation on the first day after the end of that period.
3 Definitions
(1) In this Act—
S. 3(1) def. of accredited person repealedby No. 13/2009 s.82(1)(a).
* * * * *
S. 3(1) def. of bus amendedby 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), repealedby No. 13/2009 s.82(1)(a).
* * * * *
S. 3(1) def. of disqualifying offence repealedby No.34/2003 s.20(a), new def. of disqualifying offence insertedby No. 49/2004 s.18(a), repealedby 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, repealedby No.13/2009 s.82(1)(a).
* * * * *
S. 3(1) def. of motor vehicle inserted by No. 69/2007 s.41(1), repealedby No.49/2011 s.33.
* * * * *
S. 3(1) def. of private bus service inserted by No. 106/1997 s. 28(b), repealedby No.13/2009 s.82(1)(a).
* * * * *
S. 3(1) def. of public passenger vehicle repealedby No. 13/2009 s.82(1)(a).
* * * * *
S. 3(1) def. of Public Transport Development Authority insertedby 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;
(d) a bus service declared under section 4A to be a regular bus service—
but does not include—
(e) a bus service which is prescribed not to be a class of regular passenger service;
(f) a bus service which is declared under section 4A not to be a regular passenger service;
S. 3(1) def. of road transport passenger service amendedby No. 49/2004 s.18(b), repealedby No.13/2009 s.82(1)(a).
* * * * *
S. 3(1) def. of Secretary amended by Nos 28/1996
s. 13, 70/2013 s.4(Sch. 2 item 7).
Secretary means Secretary to the Department of Transport, Planning and Local Infrastructure;
s. 3
service contract means a contract entered into under Part 3;
S. 3(1) def. of temporary accreditation repealedby No. 13/2009 s.82(1)(a).
* * * * *
vehicle has the same meaning as in the Road Safety Act 1986;
S. 3(1) def. of working day amended by Nos 28/1996
s. 13, 47/2006 s. 36(Sch. 2 item 1), 61/2011 s.25(Sch. 1 item 1.1(b)).
working day, in relation to the Public Transport Development Authority, means any day on which the principal office of the Public Transport Development Authority is open to the public for business.
S. 3(2) amended by Nos 6/1999 s.3, 6/2010 s.203(1)
(Sch.6 item39.1) (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 item39.1) (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 section83 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. 3B insertedby No. 95/2005 s.6, repealedby No.13/2009 s.82(2).
* * * * *
S.3C insertedby No.6/2010 s.24(5)(Sch. 1 item11) (as amended by No.45/2010 s.5).
3C Transport Integration Act 2010
This Act is transport legislation within the meaning of the Transport Integration Act 2010.
4 Crown to be bound
s. 3C
This Act binds the Crown, not only in right of Victoria but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
S. 4A (Heading) amendedby No. 61/2011 s.25(Sch. 1 item 1.2).
S.4A
inserted by No.13/2009 s.84.
4A Declaration power of Public Transport Development Authority
S. 4A(1) amendedby No. 61/2011 s.25(Sch. 1 item 1.3).
(1) Subject to subsection (2), the Public Transport Development Authority may declare by notice published in the Government Gazette that—
(a) a bus service that is a regular passenger service specified in paragraph (a) or (b) of the definition of regular passenger service in section 3(1) is not a regular passenger service within the meaning of that definition;
(b) a bus service that is not specified in paragraph (a) or (b) of the definition of regular passenger service in section 3(1) is a bus service that is a regular passenger service within the meaning of that definition.
S. 4A(2) amendedby No. 61/2011 s.25(Sch. 1 item 1.3).
(2) If the Public Transport Development Authority intends to make a declaration under subsection (1), the Public Transport Development Authority must—
(a) advise operators and sectors of the industry that will be affected by the declaration, if declared, of the proposed declaration; and
(b) provide those operators and sectors with an opportunity to make a submission in relation to the proposed declaration.
S. 4A(3) amendedby No. 61/2011 s.25(Sch. 1 item 1.3).
(3) The Public Transport Development Authority must have regard to any submissions received under subsection (2) before making the declaration.
s. 4A
______
Pt 2 (Heading and ss 5–24) amended by Nos 106/1997 ss 30, 31(1), 52/1998 s.311 (Sch. 1 item 80.1), 6/1999 s.5, 34/2003 ss19, 20(b), 49/2004 s.19, 95/2005 s.7, 9/2006 ss130–146, 47/2006 s.36(Sch. 2 item 2), 69/2007 s.42, 13/2009 s.80, 69/2009 s.54(Sch. Pt 2 item 41), 6/2010 s.203(1)
(Sch.6 item39.1) (as amended by No.45/2010 s.22), repealed by No.13/2009 s.82(3).
* * * * *
s. 5
Part 3—Regular Passenger Services
Pt 3 Div. 1 (Heading) inserted by No. 69/2007 s.43.
Division 1—Service contract requirement for regular passenger services
S. 25 (Heading) insertedby No. 95/2005 s.8(1).
S. 25 amendedby No. 95/2005 s.8(2)(ILA s.39B(1)).
25 Service must not be operated or offered without service contract
s. 25
(1) A person must not operate a regular passenger service within (or partly within) the State otherwise than under the authority of a service contract.
Penalty: 100 penalty units.
S. 25(2) insertedby No. 95/2005 s.8(2).
(2) A person must not offer a regular passenger service within (or partly within) the State to the public, or a section of the public, otherwise than under the authority of a service contract.
Penalty: 100 penalty units.
S. 25(3) insertedby No. 69/2007 s.44.
(3) Subsection (1) or (2) does not apply if the person operates a regular passenger service within (orpartly within) the State—
(a) under a subcontract or other arrangement with the holder of a service contract (the primary service contract); and
(b) the subcontract or other arrangement is authorised or otherwise permitted under the primary service contract.
Pt 3 Div. 2 (Heading) inserted by No. 69/2007 s.45.
Division 2—Service contracts
26 Service contracts
s. 26
(1) A service contract sets out the terms and conditions on which a regular passenger service may be operated.
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;
S. 26(4A)(c) amended by No. 61/2011 s.25(Sch. 1 item 1.3).
(c) a person who applies to the Public Transport Development Authority for the granting of a service contract;
(d) a person who requests, in writing, a copy of the principles.
S. 26(5) amended by No. 45/1999 s.35(1), substitutedby No.6/2010 s.203(1)
(Sch.6 item39.2) (as amended by No.45/2010 s.22), amended by No. 61/2011 s.25(Sch. 1 items 1.3, 1.6).
(5) Nothing in this section limits any authority conferred on the Public Transport Development Authority by section 79AG(2) of the Transport Integration Act 2010.
27 Nature of service contracts
s. 27
(1) A service contract cannot be entered into or renewed for a term exceeding 10 years.
(2) A service contract must make provision for or with respect to—
(a) the period for which it operates;