Public Transport Competition Act 1995

Version No. 027

Public Transport Competition Act 1995

No. 68 of 1995

Version incorporating amendments as at 3 August 2007

table of provisions

Section Page

Part 1—Preliminary 1

1 Purpose 1

2 Commencement 1

3 Definitions 2

3A Application of Act 5

3B Additional matters concerning the meaning of regular passengerservices 6

4 Crown to be bound 6

Part 2—Accreditation of Road Transport Passenger Services 7

5 Operator must be accredited 7

6 Purpose of accreditation 7

7 Application for accreditation 8

8 Matters to be considered by Safety Director 9

9 Giving or refusal of accreditation 10

10 Conditions of accreditation 10

11 Change of conditions etc. 12

12 Duration of accreditation 12

13 Requirement to notify Safety Director of chargesetc. 13

14 Periodical returns 13

15 Application for renewal of accreditation 14

16 Renewal of accreditation 15

17 Nature of accreditation 16

18 False or misleading information 16

19 Safety Director not liable for giving accreditation 17

20 Supervision of accredited persons 17

21 Procedure and powers 21

22 Immediate power of suspension 22

23 Effect of suspension 23

24 Review by Victorian Civil and Administrative Tribunal 23

24A Codes of practice 24

24B Use of codes of practice in proceedings 25

Part 3—Regular Passenger Services 27

25 Service must not be operated or offered without service
contract 27

26 Service contracts 27

27 Nature of service contracts 28

28 Regions or routes of operation 29

29 New services 31

30 Variation, suspension or cancellation of service contracts 32

Part 4—Miscellaneous 34

31–33 Repealed 34

34 Fees 34

35 Delegation 35

36 No compensation payable 36

37 Supreme Court—limitation of jurisdiction 37

38 Regulations 38

39 Transitional provisions 40

40 Transitional provisions (1997 amendments) 42

Part 5—Repealed 43

41–48 Repealed 43

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ENDNOTES 44

1. General Information 44

2. Table of Amendments 45

3. Explanatory Details 47

Version No. 027

Public Transport Competition Act 1995

No. 68 of 1995

Version incorporating amendments as at 3 August 2007

Public Transport Competition Act 1995
No. 68 of 1995

The Parliament of Victoria enacts as follows:

Part 1—Preliminary

1 Purpose

The main purpose of this Act is to improve the operation of road-based public transport by providing for the accreditation of operators and implementing a system of service contracts for certain types of transport service.

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—

accredited person means a person who holds an accreditation under Part 2;

S. 3(1) def. of bus amendedby No. 106/1997 s. 28(a).

bus means a vehicle having more than the prescribed number of seating positions;

S. 3(1) def. of courtesy service inserted by No. 106/1997 s. 28(b).

courtesy service means a service consisting of the carriage of passengers by a bus for any consideration or in the course of any trade or business but does not include a road transport passenger service;

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).

disqualifying offence means—

(a) any offence involving fraud, dishonesty, drug trafficking or violence which is punishable by imprisonment for 3 months or more; or

(b) an offence under Subdivision (8A), (8B), (8C), (8D), (8E), (8EA), (9), (9A) or (13) of Division 1 of Part I of the Crimes Act 1958 or under any corresponding previous enactment or an attempt to commit any such offence or any assault with intent to commit any such offence; or

s. 3

(c) an offence against section 5, 13, 18(1) or 25 or any other offence against this Act that is prescribed for the purposes of this definition; or

(d) an offence against the regulations or any other law in force in Victoria that is prescribed for the purposes of this definition; or

(e) an offence which, if committed in Victoria, would have been a disqualifying offence;

S. 3(1) def. of hire and drive service inserted by No. 106/1997 s. 28(b).

hire and drive service means a service consisting of the provision of a bus for hiring (otherwise than under a hire-purchase agreement within the meaning of the Hire-Purchase Act 1959) by a person for a certain period for valuable consideration on the condition that it will be driven during that period by the hirer or another person on behalf of the hirer;

S. 3(1) def. of private bus service inserted by No. 106/1997 s. 28(b).

private bus service means a service consisting of the carriage of passengers by a bus for or in connection with the activities of a religious, philanthropic, educational, sporting or social body but does not include a road transport passenger service;

public passenger vehicle means a vehicle that is used for operating a road transport passenger service;

s. 3

regular passenger service means—

(a) a road transport passenger service operated along a fixed route on a regular basis; or

(b) any other class of road transport passenger service that is prescribed for the purposes of this definition—

but does not include—

(d) a road transport passenger service operated for the carriage of a group of persons for hire or reward by being previously booked or ordered by that group and in respect of which the members of that group are not each charged a separate fare; or

(e) any other road transport passenger service of a class excluded by the regulations from the ambit of this definition;

S. 3(1) def. of road transport passenger service amendedby No. 49/2004 s.18(b).

road transport passenger service means a service consisting of the carriage of passengers for hire or reward—

(a) by a bus; or

(b) by any other class of vehicle that is prescribed for the purposes of this definition—

but does not include a service of a class excluded by the regulations from the ambit of this definition;

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;

temporary accreditation means an accreditation given under section 12(2);

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).

working day, in relation to the Director, means any day on which the principal office of the Director is open to the public for business.

S. 3(2) amended by No. 6/1999 s.3.

(2) Expressions used in this Act and in the Transport 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 Act 1983 (including Part VI of that Act).

(3) This Act is to be read and construed as one with the Transport Act 1983.

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. 3A
inserted by No. 106/1997 s. 29, amended by No. 6/1999 s.4 (ILA s.39B(1)).

3A Application of Act

s. 3A

(1) Subject to Part 2 and the regulations, this Act (except sections 6(a)(i), 9(2) and (3), 13 and 20(2)(b)) applies to a person who operates—

(a) a courtesy service; or

(b) a hire and drive service; or

as if they were operating a road transport passenger service.

S. 3A(2) inserted by No. 6/1999 s.4.

(2) Despite anything to the contrary in this Act, a person who operates a private bus service or a courtesy service is not required under Part2 to be accredited to operate that service if every bus operated by that person for the purposes of that service is hired from a person who operates a hire and drive service and who is accredited in accordance with Part 2 to operate that hire and drive service.

S. 3B insertedby No. 95/2005 s.6.

3B Additional matters concerning the meaning of regular passenger services

s. 3B

For the purposes of paragraph (a) of the definition of regular passenger service in section 3(1)—

(a) a route is a fixed route even if—

(i) a stop on the route is not used on every journey, or ceases to be used altogether; or

(ii) different routes are used on different journeys of the service to get from one stop on the route to another stop on the route;

(b) a service operates on a regular basis even if—

(i) it only operates on any particular occasion if there is a sufficient level of demand for it; or

(ii) it requires a person using it to book or reserve a place before using it.

4 Crown to be bound

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.

______

Part 2—Accreditation of Road Transport Passenger Services

5 Operator must be accredited

s. 5

A person must not operate a road transport passenger service within (or partly within) the State—

(a) without being accredited in accordance with this Part to operate that service; or

(b) in breach of any condition of an accreditation given in relation to that service.

Penalty: 100 penalty units.

6 Purpose of accreditation

The purpose of accreditation under this Part is—

(a) to attest—

(i) that the accredited person (or, in the case of an accredited body corporate, each director, manager or other person who is in a position to control or influence substantially the affairs of the body corporate) is considered to be a suitable person to operate a road transport passenger service of the kind to which the accreditation relates; and

(ii) that the accredited person is considered to have the capacity to meet any prescribed standards relating to—

(A) the ability to provide road transport passenger services; and

(B) safety of passengers and the public; and

(D) vehicles and equipment (including their design, service, maintenance and condition); and

(E) any other prescribed matter—

to the degree and in the manner required in respect of a road transport passenger service of the kind to which the accreditation relates; and

(b) to provide a scheme to facilitate—

(i) the provision of an efficient and effective network of road transport passenger services within the State; and

(ii) the observance of appropriate standards by the operators of road transport passenger services; and

S. 6(c) amendedby No. 47/2006 s.36(Sch. 2 item 2).

(c) to increase competition between transport operators in the provision of road-based public transport by removing unnecessary regulatory restrictions on the entry of competent transport operators to the public transport sector and to enable competitive tendering of contracts with the Director for the provision of regular passenger services and other services provided in the public interest;

(d) to provide for any other prescribed matter.

7 Application for accreditation

s. 7

S. 7(1) amendedby No. 9/2006 s.130(1).

(1) A person may apply to the Safety Director for accreditation.

(2) An application—

S. 7(2)(a) amendedby No. 9/2006 s.130(1).

(a) must be made in the manner and form determined by the Safety Director;

(b) in the case of an application by a body corporate, must nominate any number of its managers for the purposes of the application;

(i) the prescribed application fee;

(ii) any other things that are prescribed.

S. 7(3) amendedby No. 9/2006 s.130(2).

(3) The Safety Director may require an applicant for accreditation—

S. 7(3)(a) amendedby No. 9/2006 s.130(2).

(a) to furnish further information specified by the Safety Director; or

(b) to verify, by statutory declaration, information furnished for the purposes of the application.

S. 8 (Heading) inserted by No. 9/2006 s.131(1).

8 Matters to be considered by Safety Director

s. 8

S. 8(1) amendedby No. 9/2006 s.131(2).

(1) In determining whether to give an accreditation, the Safety Director must consider—

(a) any matters that are prescribed; and

S. 8(1)(b) amendedby No. 9/2006 s.131(2).

(b) any other matters that the Safety Director considers relevant.

S. 8(2) amendedby No. 9/2006 s.131(3).

(2) In determining whether to give an accreditation to a person, the Safety Director may rely on a corresponding accreditation given to that person by another State or a Territory.

9 Giving or refusal of accreditation

S. 9(1) amendedby No. 9/2006 s.132(1).

(1) The Safety Director may give or refuse to give an accreditation.

S. 9(2) repealedby No.34/2003 s.20(b), news.9(2) insertedby No. 49/2004 s.19, amended by No. 9/2006 s.132(1).

(2) Without limiting subsection (1), the Safety Director may refuse to give an accreditation if the applicant (or, in the case of an applicant who is a body corporate, the body corporate or any of its directors or a manager nominated under section 7(2)(b)) has been found guilty of a disqualifying offence or has been charged with a disqualifying offence and the charge has not been finally disposed of.

S. 9(3) repealedby No. 34/2003 s.20(b), news.9(3) insertedby No. 49/2004 s.19, amended by No. 9/2006 s.132(2).

(3) If before an application for accreditation is determined, the applicant becomes aware of a finding of guilt or charge that is relevant for the purposes of subsection (2) and particulars of which have not previously been given by the applicant to the Safety Director in, or in relation to, the application, the applicant must immediately notify the Safety Director of the particulars of that finding or charge.