VersionNo. 040
Bus Services Act 1995
No. 68 of 1995
Versionincorporating amendments as at
26 July 2012
table of provisions
SectionPage
1
SectionPage
Part 1—Preliminary
1Purpose
2Commencement
3Definitions
3A, 3BRepealed5
3CTransport Integration Act 2010
4Crown to be bound
4ADeclaration power of Public Transport Development Authority
Part 2—Repealed8
5–24BRepealed8
Part 3—Regular Passenger Services
Division 1—Service contract requirement for regular passenger services
25Service must not be operated or offered without service
contract
Division 2—Service contracts
26Service contracts
27Nature of service contracts
27ACivil penalty provisions in operative service contracts
28Regions or routes of operation
29Repealed
Division 3—Variation, suspension, cancellation of service contracts
30Variation, suspension or cancellation of service contracts
Division 4—New regular passenger services
Subdivision 1—Interpretation
30ADefinitions
30BWhen is an affected service contract holder a materially
affected service contract holder?
30CCertain affected service contract holders may be materially affected service contract holders
Subdivision 2—Stage 1 procurement process (affected service contract holders)
30DProposed new regular passenger services that will affect only
one service contract holder
30EProposed new regular passenger service that will affect more
than one existing service contract holder—Stage 1
30FOutcome of stage 1 of procurement process if an affected
service contract holder is successful
30GEnd of stage 1 process—No agreement (and there is no materially affected service contract holder)
30HEnd of stage 1 process—No agreement (and there is a materiallyaffected service contract holder)
Subdivision 3—Stage 2 procurement process (materially affected service contract holders)
30IStage 2 procurement process—Only one materially affected service contract holder
30JStage 2 procurement process—More than one materially
affected service contract holder
30KOutcome of stage 2 procurement process—More than one materially affected service contract holder
Division 5—Transfer of property used in provision of regular passenger services
30LDefinitions
30MProperty of certain holders of service contracts and associated operators
30NAllocation statement
30ORelevant property transferred in accordance with statement
30PAllocation of relevant property subject to encumbrances
30QCertificate signed by the Chief Executive Officer of the Public Transport Development Authority
30RConsideration for transferred property
30SFormer transferor instruments and agreements
30TInterests in land
30UAmendment of Register
30VProceedings
30WTaxes
30XEvidence
30YValidity of things done under this Division
30ZCorporations Act displacement
Part 4—Miscellaneous
31–33Repealed
34Fees
35Repealed
36No compensation payable
37Supreme Court—limitation of jurisdiction
38Regulations
38AExtension of operation of Regulations
39, 40Repealed
Part 5—Repealed44
41–48Repealed44
═══════════════
ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
VersionNo. 040
Bus Services Act 1995
No. 68 of 1995
Versionincorporating amendments as at
26 July 2012
1
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.
1Purpose
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.
2Commencement
(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.
3Definitions
(1)In this Act—
S. 3(1) def. of accredited personrepealedby 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 vehiclerepealedby No. 13/2009 s.82(1)(a).
*****
S. 3(1) def. of Public Transport Development Authorityinsertedby 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 No. 28/1996
s. 13.
Secretary means Secretary to the Department of Infrastructure;
s. 3
service contract means a contract entered into under Part 3;
S. 3(1) def. of temporary accreditationrepealedby 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 theTransport (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).
3CTransport Integration Act 2010
This Act is transport legislation within the meaning of the Transport Integration Act 2010.
4Crown 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.
4ADeclaration 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 Nos106/1997 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)).
25Service 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
26Service 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.
27Nature 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;
(b)the manner in which it may be terminated;
(c)standards relating to the provision of services under the contract;
(d)a scale of minimum service levels (determined according to such things as the periods of time during which services are to be operated, the extent of operation of services and the frequency of operation of services during specified periods);
(e)if fares are to be charged, a scale of maximum fares;
s. 27
(f)the manner in which the holder of the service contract will be remunerated or gain revenue from the provision of services under the contract (including arrangements as to any subsidy);
(g)any other matters required by this Act or the regulations to be specified in a service contract.
(3)A service contract may make provision for or with respect to—
(a)reviewing or altering any fares or fare system in circumstances specified in the contract;
S. 27(3)(b) substituted by No. 69/2007 s.47.
(b)monetary or other penalties—
(i)for a breach of contract;
(ii)for a failure (not being a breach of contract) to meet a performance requirement specified in the contract;
(iii)payable on the termination of the contract;
S. 27(3)(ba) inserted by No. 69/2007 s.47.
(ba)the recovery of monetary and other penalties referred to in paragraph (b) in accordance with the contract or this Act;
(c)bonds for the performance of the obligations, or specified obligations, under the contract;
(d)the variation of the contract;
(e)the transfer, assignment, subcontracting or other dealing with any right, power or duty under the contract;
S. 27(3)(f) amended by Nos 45/1999 s.35(2), 47/2006 s.36(Sch. 2 item3(a)), 61/2011 s.25(Sch. 1 item 1.3).
(f)any other matter for or with respect to which the Public Transport Development Authority considers that provision should be made in the public interest.
(4)A service contract may provide for the periodic review, in the manner and at such periods as the contract may specify, of any matter for the time being determined by or under it.
S. 27(5) amended by Nos 45/1999 s.35(2), 47/2006 s.36(Sch. 2 item3(b)), 61/2011 s.25(Sch. 1 item 1.3).
(5)Nothing in subsection (3) or (4) shall be taken to impose a duty on the Public Transport Development Authority to make provision for or with respect to any matter in a service contract that is enforceable in a court or tribunal by any other person or body.
S. 27A inserted by No. 69/2007 s.48.
27ACivil penalty provisions in operative service contracts
s. 27A
(1)In this section—
operative service contract means a service contract that—
(a)is in force on the day on which section48 of the Transport Legislation Amendment Act 2007 comes into operation; or
(b)is entered into on or after the day on which section 48 of the Transport Legislation Amendment Act 2007 comes into operation.
(2)This section applies if—
(a)an operative service contract makes provision for or with respect to a penalty—
(i)for a breach of the contract; or
(ii)for a failure (not being a breach of contract) to meet a performance requirement specified in the contract; or
(iii)that is payable on the termination of the contract; and
(b)that provision is expressed under the operative service contract to be a civil penalty provision for the purposes of this Act.
(3)A person is liable to pay, as a debt due to the State, the amount as required by a civil penalty provision in an operative service contract despite anything to the contrary in a rule of, or principle at, common law.
28Regions or routes of operation
s. 28
(1)A service contract must specify a region or route of operation.
(2)A service contract operating on a specified route may confer on the holder of the contract the exclusive right, subject to this Part, to operate regular passenger services of the relevant kind on the specified route.
S. 28(3) amended by Nos 45/1999 s.35(3), 47/2006 s.36(Sch. 2 item 4), repealed by No. 69/2007 s.49.
*****
(4)A service contract operating in a specified region may—
(a)confer on the holder of the contract the exclusive right, subject to this Part, to operate regular passenger services of the relevant kind in the specified region; or
(b)confer on the holder of the contract the exclusive right, subject to this Part, to operate regular passenger services of the relevant kind in the specified region except with respect to a specified route or routes.
s. 28
(5)A service contract may provide for other matters relevant to the operation of passenger transport services within the specified region or on the specified route.
(6)A right conferred on the holder of a service contract—
(a)cannot affect or limit the ability of another person to operate, during the term of the contract, a service that is not a regular passenger service; and
(b)will be subject to any other qualifications applying generally to service contracts of that kind that may be prescribed by the regulations (or specified in the contract itself) during the term of the contract.
S. 29 amended by Nos 45/1999 s.35(4), 47/2006 s.36(Sch. 2 item 5), repealed by No. 69/2007 s.50.
*****
Pt 3 Div. 3 (Heading) inserted by No. 69/2007 s.51.
Division 3—Variation, suspension, cancellation of service contracts
30Variation, suspension or cancellation of service contracts
s. 30
S. 30(1) amended by Nos 45/1999 s.35(5), 47/2006 s.36(Sch. 2 item 6(a)), 69/2007 s.52(1), 61/2011 s.25(Sch. 1 item 1.3).
(1)A service contract may, in accordance with the regulationsor the service contract, be varied, suspended or cancelled by the Public Transport Development Authority if the Public Transport Development Authority is satisfied that—
(a)there has been a serious or frequent failure on the part of the holder of the contract to observe the terms and conditions of the contract; or
(b)the holder has been found guilty of an offence against this Act or the regulations committed during the term of the contract.
S. 30(2) amended by Nos 45/1999 s.35(5), 47/2006 s.36(Sch. 2 item 6(b)), substituted by No. 69/2007 s.52(2), amended by No. 61/2011 s.25(Sch. 1 item 1.3).
(2)If the service contract does not provide for any manner by which the Public Transport Development Authority may vary, suspend or cancel the service contract, the Public Transport Development Authority must—
(a)give a person referred to in subsection (1)(a) written notice of the intended action under that subsection; and
(b)allow that person to make written representations about that intended action within 10working days before taking the intended action against that person.
(3)A service contract is automatically cancelled if the holder of the contract ceases to be an accredited person or ceases to be an accredited person of an appropriate kind.
S. 30(4) amended by Nos 45/1999 s.35(5), 47/2006 s.36(Sch. 2 item 6(c)), 61/2011 s.25(Sch. 1 item 1.3).
(4)Nothing in this Act prevents the Public Transport Development Authority from making such arrangements as the Public Transport Development Authority thinks fit for the provision, by an accredited person, of temporary services (for a period not exceeding 12months) in place of a regular passenger service for the time being discontinued by a variation, suspension or cancellation of a service contract under this section.
Pt 3 Div. 4 (Heading and ss30A–30Z) inserted by No. 69/2007 s.53.
Division 4—New regular passenger services
Subdivision 1—Interpretation
S. 30A inserted by No. 69/2007 s.53.
30ADefinitions
s. 30A
In this Division—
affected exclusive region means an exclusive region within which there will be a part of a route of operation for a new regular passenger service (whether or not that route of operation will overlap with or cross a route of operation along which a regular passenger service is provided);
affected exclusive route of operation means an exclusive route of operation—
(a)that will overlap with a part of a route of operation for a new regular passenger service; or
(b)over which a part of a route of operation for a new regular passenger service will cross;
s. 30A
affected service contract holder means a person who holds a service contract under which the person provides a regular passenger service—
(a)along an affected exclusive route of operation; or
(b)within an affected exclusive region;
exclusive region means a region of operation specified in a service contract within which the holder of the service contract provides a regular passenger service on an exclusive basis;
exclusive right of operation means a right, conferred under a service contract, to provide a regular passenger service—