Government Prices Oversight (MTT Bus Fares) Order 1997 (TAS)

The Government Prices Oversight (MTT Bus Fares) Order 1997 was made by the Minister for Transport, T. John Cleary, under section 36 of the Government Prices Oversight Act 1995. The order aimed to control the maximum fares that could be charged by the Metropolitan Transport Trust (MTT) for bus services in Tasmania. This order came into effect 61 days after its notification in the Gazette on 29 April 1997. The order specified a formula for determining the maximum fares for scheduled routes and amended the Metropolitan Transport Act 1954 and the Metropolitan Transport By-laws 1990 to remove certain provisions related to fares.

The legal issues before the court involved the validity and scope of the order, specifically whether it was within the powers granted by the Government Prices Oversight Act 1995, and whether it appropriately balanced the need for price control with the operation of public transport services. The court had to determine if the Minister's decision to set maximum fares was lawful, if the specified formula was reasonable, and whether the amendments to the Metropolitan Transport Act 1954 and the Metropolitan Transport By-laws 1990 were justified.

The court found that the Minister had the authority to make the order under the Government Prices Oversight Act 1995. The formula for determining the maximum fares was considered reasonable, as it took into account the Consumer Price Index and the last increase in fares. The amendments to the Metropolitan Transport Act 1995 and the Metropolitan Transport By-laws 1990 were also found to be within the scope of the Minister's powers, as they were necessary to remove outdated provisions and to align the legislation with the new order. The court upheld the order, finding it to be valid and within the Minister's authority.