Passenger Transport Act 2014 (NSW)
Amending provisions are subject to automatic repeal pursuant to sec 30C of the Interpretation Act 1987 No 15 once the amendments have taken effect.
An Act with respect to passenger transport services; and to repeal the Passenger Transport Act 1990 and the Air Transport Act 1964.
This Act is the Passenger Transport Act 2014.
This Act commences on a day or days to be appointed by proclamation.
The objects of this Act are as follows—
(a) to facilitate the delivery of safe, reliable, efficient and integrated public passenger services that are responsive to customer needs,
(b) to regulate certain public passenger services and the providers of those services,
(c) to facilitate a flexible service procurement framework for public passenger services for the State that—
(i) establishes clear lines of accountability for operators of services, and
(ii) provides mechanisms to improve access to public transport, and
(iii) encourages innovation in service development, including the use of new technologies.
In this Act—
(a) a motor vehicle that seats more than 12 adults, or
(b) a vehicle of any class prescribed by the regulations for the purposes of this definition.
(a) the provision of the service is pre-booked for hire for an agreed fee and individual fares are not payable by the passengers to the operator or driver, and
(b) the hirer is entitled to determine the route for the journey and the time of travel, and
(c) all passengers’ journeys have a common origin or common destination, or both, and
(d) the service is not provided in accordance with a fixed schedule.
(a) a vessel that seats more than 8 adults, or
(b) a vessel of any class prescribed by the regulations for the purposes of this definition.
A train is defined as being 2 or more units of rolling stock coupled together, at least 1 of which is a locomotive or other self-propelled unit or a unit of rolling stock that is a locomotive or other self-propelled unit. Rolling stock includes a light rail vehicle.
(a) an employee or contractor of the operator,
(b) a person who performs the work on a voluntary basis for the operator (irrespective of whether the person receives out-of-pocket expenses).
(a) work relating to the driving or operation of a vehicle, the loading or disembarking of passengers, the movement of a vehicle or the berthing of a vessel,
(b) work relating to the repair, maintenance or upgrading of vehicles, terminals, wharves or maintenance facilities,
(c) work involving the development, management or monitoring of safe working systems for public passenger services,
(d) any other work that is prescribed by the regulations as transport safety work.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
Notes included in this Act do not form part of this Act.
In this Act,
A community transport service is also a public passenger service for the purposes of this Act.
The regulations may provide that the provision of any transport prescribed by the regulations for the purposes of this section is or is not a public passenger service.
A road-ferry service under the control of a roads authority under the Roads Act 1993 is not a public passenger service.
A service providing transport by a motor vehicle that is generally conducted on land that is not a road or road related area is not a public passenger service.
Subject to this Act, a passenger service under the Point to Point Transport (Taxis and Hire Vehicles) Act 2016 is not a public passenger service.
In this Act,
In this Act,
In this Act,
The Minister may, by order published in the Gazette, declare a specified air route from a place in New South Wales to another place in New South Wales to be a regulated air route.
In determining whether to make an order the Minister must have regard to the following matters—
(a) the needs of the public of New South Wales as a whole, and of the public of any area or district, for air transport services along the route,
(b) fostering competition between airlines in relation to the route,
(c) the effect, if any, on the maintenance and development of adequate and reasonable public air transport services within New South Wales of the operation of aircraft over the route,
(d) the effect, if any, on the economic development of, or on the environment in, any area or district within New South Wales, of the operation of aircraft over the route.
A service is a
(a) in accordance with a fixed schedule, or
(b) on 5 or more occasions within any period of 28 days.
(Repealed)
This Act is to be construed as operating to the full extent of, but so as not to exceed, the legislative power of the State.
If a provision of this Act, or the application of a provision of this Act to a person, subject matter or circumstance, would, but for this section, be construed as being in excess of the legislative power of the State—
(a) it is a valid provision to the extent to which it is not in excess of the power, and
(b) the remainder of this Act, and the application of the provision to other persons, subject matters or circumstances, is not affected.
This section applies to this Act in addition to, and without limiting the effect of, any provision of this Act.
This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.
(Repealed)
For the purposes of this Act, a person is a
(a) holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in the person’s own right or on behalf of any other person), in the business of the applicant or operator that is or will be carried on under the authority of the accreditation, and by virtue of that interest or power is or will be able (in the opinion of TfNSW) to exercise a significant influence over or with respect to the management or operation of that business, or
(b) holds or will hold any relevant position, whether in the person’s own right or on behalf of any other person, in the business of the applicant or operator that is or will be carried on under the authority of the accreditation, or
(c) is or will be engaged as a contractor or employed in the business of the applicant or operator that is or will be carried on under the authority of the accreditation.
For the purposes of this section, a financial institution is not a close associate by reason only of having a relevant financial interest in relation to a business.
The provisions of this section extend to relevant financial interests and relevant powers even if those interests and powers are not payable, exercisable or otherwise enforceable as a matter of law or equity, but are nevertheless payable, exercisable or otherwise enforceable as a matter of fact.
In this section—
(a) any share in the capital of the business, or
(b) any entitlement to receive any income derived from the business, or to receive any other financial benefit or financial advantage from the carrying on of the business, whether the entitlement arises at law or in equity or otherwise, or
(c) any entitlement to receive any rent, profit or other income in connection with the use or occupation of premises on which the business is or is to be carried on (such as, for example, an entitlement of the owner of the premises at which the business is carried on to receive rent as lessor of the premises).
(a) the position of director, manager or corporate secretary, or
(b) any other position, however designated, if it is an executive position.
(a) to participate in any directorial, managerial or executive decision, or
(b) to elect or appoint any person to any relevant position.
This Part does not apply to the following public passenger services—
(a) a service that is provided using aircraft, other than an air transport service,
(b) a service that is provided using a vessel or a train (not being a motor vehicle being used by the operator of a rail passenger service for the carriage of passengers in connection with that service).
Note— For accreditation of public passenger services provided by train (including light rail), see the Rail Safety National Law (NSW) and for provisions relating to ferries or other vessels, see the Marine Safety Act 1998.
A person must not operate a public passenger service unless the person is accredited as the operator of that service.
Maximum penalty—1,000 penalty units.
An operator of a public passenger service must not contravene a condition of the operator’s accreditation.
Maximum penalty—1,000 penalty units.
The following persons may apply for accreditation as an operator of a public passenger service—
(a) an individual,
(b) 2 or more individuals who intend to carry on the public passenger service jointly under a partnership or other agreement,
(c) a body corporate incorporated under a law of this or any other jurisdiction (including the Corporations Act 2001 of the Commonwealth, the Associations Incorporation Act 2009 and the Co-operatives National Law (NSW)).
An application for accreditation is to be made to TfNSW for the public passenger service.
An application is—
(a) to be in a form approved by TfNSW, and
(b) to contain the information that TfNSW requires to be provided, and
(c) in the case of a body corporate, to specify one or more directors or managers as nominated directors or managers for the purposes of this Part, and
(d) to be accompanied by the fee prescribed by the regulations.
TfNSW may, by written notice given to the applicant, require the applicant to provide further information relevant to the application that is specified in the notice.
TfNSW may from time to time determine the number of persons who are to be nominated as directors or managers under this section, either generally or in any particular case or class of cases.
TfNSW may determine an application for accreditation as an operator of a public passenger service by granting or refusing the application.
TfNSW must not grant an application for accreditation as the operator of a public passenger service unless it is satisfied that the applicant meets the general standards for accreditation or the standards for a current operator.
The general standards for accreditation (other than as the operator of a public passenger service that is an air transport service) are as follows—
(a) that the applicant is a fit and proper person to be responsible for the management of a public passenger service,
(b) in the case of a body corporate, that the directors or managers nominated for the purposes of this Part are fit and proper persons to be responsible for the management of a public passenger service,
(c) that the applicant has demonstrated the capacity to comply with the standards for financial viability, passenger and public safety and vehicle maintenance prescribed by the regulations for any such service or operator.
(d) (Repealed)
The general standards for accreditation as an operator of a public passenger service that is an air transport service are as follows—
(a) that the applicant is a fit and proper person to be responsible for the management of a public passenger service,
(b) in the case of a body corporate, that the directors or managers nominated for the purposes of this Part are fit and proper persons to be responsible for the management of a public passenger service,
(c) that the applicant and the applicant’s aircraft, pilots and passengers will be adequately insured,
(d) that the applicant owns, or has sufficient rights to operate, the aircraft to be used by the applicant.
The standards for a current operator are as follows—
(a) that the applicant is the holder of an accreditation to operate another public passenger service of the same or a different kind,
(b) that the applicant has demonstrated that the applicant complies with any standards applicable to the accreditation being applied for that are additional to those for the accreditation currently held,
(c) that the applicant is not the subject of any action being taken or proposed to be taken by TfNSW relating to an accreditation held by the applicant.
In the case of a joint application for an accreditation, each individual applying for the joint accreditation must meet the requirements for accreditation.
The regulations may prescribe additional standards that are required to be met for accreditation as an operator of a public passenger service, either generally or in a particular case or class of cases.
TfNSW may refuse to grant an accreditation on the ground that a close associate of the applicant has previously held an accreditation (whether for the operation of the same or a different public passenger service), or an air route licence, that has been cancelled.
An accreditation to operate a public passenger service granted by TfNSW may accredit the operator—
(a) to operate one or more specified public passenger services, or
(b) to operate a public passenger service having specified characteristics.
TfNSW may grant an application for accreditation unconditionally or subject to the conditions specified by TfNSW in the accreditation.
TfNSW may also vary the conditions of an accreditation at any time (see section 26).
An accreditation is to be in the form approved by TfNSW.
An accreditation is in force for the period specified by TfNSW in the accreditation unless it is sooner cancelled.
An accreditation does not have effect while suspended and the suspension of an accreditation does not affect the day on which the term of an accreditation expires.
An accreditation may be renewed on application to TfNSW made before the accreditation expires.
This Act applies to an application for the renewal of an accreditation in the same way as it applies to an application for an accreditation.
TfNSW must give an applicant for accreditation or renewal of an accreditation written notice of the decision on the application.
If notice of a decision is not given to an applicant within 90 days of an application being made, the application is taken to have been refused.
Subsection (2) does not prevent an application from being granted after the period of 90 days has elapsed.
If 2 or more individuals are jointly accredited as operators of a public passenger service, each of those individuals has the obligations of an operator of that service under this Act or the regulations.
An accreditation to operate a public passenger service is subject to the following conditions—
(a) any conditions imposed by TfNSW and in force from time to time,
(b) any conditions specified by this Act or prescribed by the regulations.
TfNSW may at any time, by written notice given to an accredited operator, impose a condition on the accreditation or vary or revoke a condition of the accreditation imposed by TfNSW.
TfNSW must not impose a condition on an accreditation that is inconsistent with this Act or the regulations.
Without limiting subsection (1), the regulations may prescribe conditions of accreditation relating to reporting occurrences of a specified kind to TfNSW or other persons.
An operator of a public passenger service may, by written notice given to TfNSW, nominate, or revoke the nomination of, a director or manager for the purposes of this Part.
An accreditation may be suspended or cancelled if the operator does not meet an accreditation standard, including the requirement that a nominated director or manager be a fit and proper person to be responsible for the management of a public passenger service. An accreditation is automatically suspended if there are no nominated directors or managers for a body corporate.
It is a condition of the accreditation of a body corporate that is an operator of a public passenger service that the operator give written notice to TfNSW, within 21 days, if a director or manager of the body corporate nominated for the purposes of this Part dies or ceases to be a director or manager of the body corporate.
It is a condition of the accreditation of an operator of an air transport service that the operator must not operate a regular air service on a regulated air route unless the operator holds an air route licence for that route.
It is a condition of an accreditation of an operator of a bus service—
(a) that the operator prepares and implements a drug and alcohol program for its transport safety employees that complies with guidelines approved by TfNSW for the purposes of this section and published in the Gazette, and
(b) that the operator ensures that all transport safety employees employed, or contracted, by the operator to perform transport safety work are not under the influence of alcohol or any other drug when about to carry out, or while on duty for the purposes of carrying out (whether or not carrying out), transport safety work.
The drug and alcohol program is to include any matters required to be included by the guidelines approved by TfNSW for the purposes of this section.
Without limiting subsection (1) (a), the guidelines are to include provisions for or with respect to the following—
(a) protocols for fair procedures relating to the operation of the drug and alcohol program,
(b) education and assistance of transport safety employees in relation to the drug and alcohol program.
TfNSW may at any time arrange with accredited operators of bus services for the random testing of any person about to carry out transport safety work or on duty for the purposes of carrying out transport safety work for the presence of alcohol or any other drug to ensure that the operators are complying with the conditions imposed by this section.
For the purposes of this section, a transport safety employee is to be regarded as being
(a) has left home or a temporary residence for work (being transport safety work), and
(b) has not commenced work after having so left home or the temporary residence.
Nothing in this Act or the regulations derogates from the operation of Division 4 of Part 2 of Schedule 3 to the Road Transport Act 2013.
Schedule 2 contains regulation-making powers for procedures for testing for alcohol and other drugs.
It is a condition of the accreditation of an operator of a bus service that the operator has, and implements, a safety management system that complies with this section.
The safety management system must be documented and must—
(a) identify any significant risks that have arisen or may arise from providing the bus service, including carrying out any associated transport safety work, and
(b) specify the controls (including audits, expertise, resources and staff) that are to be employed by the operator to manage the risks and to monitor safety outcomes in relation to the provision of the bus service, and
(c) comply with any requirements prescribed by the regulations or set out in any guidelines issued by TfNSW under this section and published in the Gazette.
TfNSW may issue guidelines with respect to policy objectives and safety initiatives to be adopted by operators in safety management systems.
An operator must, if directed to do so by TfNSW, vary a safety management system.
A community transport service that uses buses is also a bus service.
(Repealed)
TfNSW may vary, suspend or cancel the accreditation of an operator if—
(a) the operator does not comply with a standard required to be met for accreditation as the operator of the public passenger service to which the accreditation relates, or
(b) the operator fails to comply with a condition of the accreditation, or
(c) the operator fails to comply with this Act or the regulations or an applicable passenger service contract or air route licence, or
(d) a close associate of the operator has previously held an accreditation (whether for the operation of the same or a different public passenger service), or an air route licence, that has been cancelled, or
(e) for any other reason it thinks fit.
TfNSW may also vary the conditions of an accreditation at any time (see section 26).
Without limiting subsection (1), TfNSW may take action under this section on the ground that an accredited operator of a public passenger service or a director or manager nominated for the purposes of this Part is not a fit and proper person to be responsible for the management of a public passenger service if TfNSW is of the opinion that the operator has failed, on written request given to the operator by TfNSW, to provide TfNSW with sufficient evidence that the operator, director or manager is a fit and proper person to be responsible for the management of a public passenger service.
TfNSW may take action against an operator or person on the ground referred to in subsection (2) without making a written request referred to in that subsection.
(Repealed)
If 2 or more individuals hold a joint accreditation and any one of them dies or ceases to jointly provide the public passenger service—
(a) the accreditation is automatically suspended 21 days after the death or cessation if TfNSW has not been notified before that time of the death or cessation, and
(b) the accreditation may be cancelled, suspended or varied under this Act because of the death or cessation (whether before or after any such cessation).
If an accredited operator that is a body corporate ceases to have any directors or managers who are nominated for the purposes of this Part, the accreditation is automatically suspended when the body ceases to have any directors or managers so nominated.
TfNSW may enter into a passenger service contract on behalf of the State for the provision of a public passenger service with an accredited operator of a public passenger service or the operator of a public passenger service who is not required to be accredited under this Act.
TfNSW may enter into a passenger service contract that is subject to a condition precedent that requires a party to obtain an accreditation to operate a public passenger service.
A passenger service contract may relate to, but is not limited to, any of the following—
(a) a particular area or route,
(b) one or more modes of transport,
(c) services for specified passengers or classes of passengers.
TfNSW may invite passenger service contracts by tender or in any other manner TfNSW thinks fit.
A passenger service contract is to specify the term of the contract.
A passenger service contract is not to provide a right to renew the contract.
A passenger service contract may provide for the operator of the public passenger service to have the first right to negotiate a further contract, subject to meeting any specified requirements.
A passenger service contract must provide for the performance standards to be met by the operator of the public passenger service.
TfNSW may enter into a passenger service contract on behalf of the State for the provision of a service with the provider of a passenger service within the meaning of the Point to Point Transport (Taxis and Hire Vehicles) Act 2016.
TfNSW may enter into a passenger service contract that is subject to a condition precedent that requires a party to comply with the requirements to obtain an accreditation to operate a public passenger service.
This Act (other than section 36 (1) and (2)) applies to a passenger service contract under this section as if it were a passenger service contract entered into with an operator of a public passenger service.
Sydney Metro may enter into a passenger service contract on behalf of the State for the provision of a metro public passenger service with an accredited operator of a public passenger service or the operator of a public passenger service who is not required to be accredited under this Act.
Sydney Metro may enter into a passenger service contract that is subject to a condition precedent that requires a party to obtain an accreditation to operate a public passenger service.
A passenger service contract under this section—
(a) is to specify the term of the contract, and
(b) is not to provide a right to renew the contract, and
(c) may provide for the operator of the public passenger service to have the first right to negotiate a further contract, subject to meeting any specified requirements, and
(d) must provide for the performance standards to be met by the operator of the public passenger service.
This Act (other than section 36 (1) and (2)) applies to a passenger service contract under this section as if it were a passenger service contract entered into with an operator of a public passenger service.
A reference in another provision of this Act to TfNSW in relation to a passenger service contract or the provision of a public passenger service is taken to include a reference to Sydney Metro in relation to a passenger service contract entered into under this section or the provision of a metro public passenger service, as the case requires.
In this section,
TfNSW may enter into a further passenger service contract with an operator on, before or after the expiry of the term of a passenger service contract with the operator.
A further contract may be on the same or different terms.
However, nothing in this Part confers a right to or expectation of a further contract.
Performance standards provided for by a passenger service contract are to be enforced by civil penalty provisions or in any other manner that the contract may provide.
A person who contravenes a provision of a passenger service contract that is enforceable by a civil penalty provision is liable to pay, as a debt due to the State, an amount determined in accordance with the contract as the penalty for the contravention.
A passenger service contract may provide that an amount payable under a civil penalty provision may also be recovered by withholding amounts otherwise payable under the contract and may contain other related provisions.
Subsection (1) does not limit the provisions of a passenger service contract that may be enforced by civil penalty provisions.
In this section—
This section has effect despite any other law.
A person must not operate a public passenger service that is conducted according to regular routes and timetables or according to regular routes and at regular intervals otherwise than under the authority of a passenger service contract.
Maximum penalty—1,000 penalty units.
This section does not apply to the following public passenger services—
(a) an air transport service,
(b) a bus service or a ferry service conducted according to one or more regular routes, in which each passenger is transported for a distance of not less than 40 kilometres,
(c) a tourist service,
(d) a community transport service.
This section does not apply to an operator of a public passenger service if—
(a) the person is an accredited operator of the public passenger service or is not required to be accredited, and
(b) the service is operated under a subcontract or other arrangement with the holder of the passenger service contract for the service, and
(c) the subcontract or other arrangement is authorised under the passenger service contract.
This section does not apply to a public passenger service exempted by TfNSW by order published in the Gazette. An exemption may be unconditional or subject to conditions specified in the order.
TfNSW must have regard to any applicable policy approved by the Minister for the purposes of subsection (4) before making an order under that subsection.
A passenger service contract may confer on the operator of a bus service, ferry service or rail passenger service the exclusive right to operate a service conducted according to regular routes and timetables or according to regular routes and at regular intervals in the area or route to which the contract applies.
An exclusive right granted under a contract under this section does not affect any right to provide the following bus, ferry or rail passenger services in the same area or on the same route—
(a) a service conducted according to one or more regular routes, in which each passenger is transported for a distance of not less than 40 kilometres,
(b) a tourist service.
The following are specifically authorised by this Act for the purposes of the Competition and Consumer Act 2010 of the Commonwealth and the Competition Code of New South Wales—
(a) any passenger service contract or other agreement containing a provision authorised by this section or giving effect to a provision of this section,
(b) the entering or making of any such contract or agreement,
(c) conduct authorised or required by or under the terms or conditions of any such contract or agreement.
Conduct authorised by subsection (3) is authorised only to the extent (if any) that it would otherwise contravene Part IV of the Competition and Consumer Act 2010 of the Commonwealth and the Competition Code of New South Wales.
TfNSW is to cause a register to be kept of all exclusive rights in force under a term of a contract that is authorised under this section and is to make that register publicly available.
A person must not operate an air transport service unless the person holds an air route licence for the regulated air route for which the service is provided.
Maximum penalty—1,000 penalty units.
The holder of an air route licence must not contravene a condition of the licence.
Maximum penalty—1,000 penalty units.
The following persons may apply for a licence for a regulated air route—
(a) an individual,
(b) 2 or more individuals who intend to operate the route under a partnership or other agreement,
(c) a body corporate incorporated under a law of this or any other jurisdiction (including the Corporations Act 2001 of the Commonwealth, the Associations Incorporation Act 2009 and the Co-operatives National Law (NSW)).
An application for an air route licence is to be made to TfNSW.
TfNSW may invite applications by tender or in any other form for an air route licence for one or more specified regulated air routes and may specify the time within which the applications are to be made. TfNSW is not required to consider any application that is not made within the specified time.
An application is—
(a) to be in a form approved by TfNSW, and
(b) to contain the information that TfNSW requires to be provided, and
(c) in the case of an application for which tenders have been invited, to be accompanied by a sealed tender if required by TfNSW, and
(d) to be accompanied by the fee prescribed by the regulations.
TfNSW may, by written notice given to the applicant, require the applicant to provide further information relevant to the application that is specified in the notice.
TfNSW may determine an application for an air route licence by granting or refusing the application.
In determining an application for an air route licence, TfNSW must take into account the following matters and is not to consider any additional matters—
(a) the air transport service needs of the public in relation to the route concerned and whether the grant of the licence will meet those needs,
(b) the allocation of air transport routes so as to facilitate the provision of adequate and reasonable public passenger transport by air in New South Wales by more than one airline and to discourage the development of any monopoly of the provision of such transport in New South Wales,
(c) the effect, if any, of the operation of the service over the proposed routes on the maintenance and orderly development of adequate and reasonable public passenger transport by air in New South Wales,
(d) the effect, if any, on the economic development or on the environment of any area within New South Wales, of the operation of aircraft by the applicant over the proposed routes.
Nothing in this Part requires TfNSW to grant an air route licence for which applications have been invited to be made or have otherwise been made.
A person who operates a regulated air route under an air route licence is also required to comply with the requirements of the Civil Aviation Act 1988 of the Commonwealth. These include a requirement to hold an Air Operator’s Certificate of the appropriate kind granted by the Civil Aviation Safety Authority of the Commonwealth under that Act.
An air route licence is to specify the regulated air route or routes to which it applies.
TfNSW may grant an application for an air route licence unconditionally or subject to the conditions specified by TfNSW in the licence.
TfNSW may also vary the conditions of a licence at any time (see section 51).
An air route licence is to be in the form approved by TfNSW.
An air route licence is in force for the period specified by TfNSW in the licence unless it is sooner cancelled.
An air route licence does not have effect while suspended and the suspension of an air route licence does not affect the day on which the term of an air route licence expires.
There is no right to a renewal of an air route licence.
However, this section does not prevent a person from being granted an air route licence for the same regulated air route for which the person was the previous holder of an air route licence.
TfNSW must give an applicant for an air route licence written notice of the decision on the application.
If notice of a decision is not given to an applicant within 90 days of an application being made, the application is taken to have been refused.
Subsection (2) does not prevent an application from being granted after the period of 90 days has elapsed.
If 2 or more individuals are jointly holders of an air route licence, each of those individuals has the obligations of a holder of that licence under this Act or the regulations.
An air route licence is subject to the following conditions—
(a) any conditions imposed by TfNSW and in force from time to time,
(b) any conditions specified by this Act or prescribed by the regulations.
TfNSW may at any time, by written notice given to the holder of an air route licence, impose a condition on the licence or vary or revoke a condition of the licence imposed by TfNSW.
In deciding whether to impose a condition on an air route licence or to vary or revoke a condition of a licence, TfNSW must have regard to the matters set out in section 44 (2).
TfNSW must not impose a condition on an air route licence that is inconsistent with this Act or the regulations.
TfNSW may vary, suspend or cancel an air route licence if—
(a) having regard to the matters specified in section 44 (2) that TfNSW thinks relevant, TfNSW thinks it appropriate to do so, or
(b) the holder ceases to be accredited to operate an air transport service, or
(c) the holder ceases to operate a regulated air route to which the licence relates or fails to operate it to the satisfaction of TfNSW.
TfNSW may also vary the conditions of a licence at any time (see section 51).
TfNSW may grant a temporary air route licence for a regulated air route to an accredited operator of a public passenger service if—
(a) the licence of a current holder of an air route licence for the regulated air route (the
current holder ) is suspended or cancelled or TfNSW is of the opinion that the current holder is failing to operate the regulated air route or failing to operate it to the satisfaction of TfNSW, and(b) TfNSW is of the opinion that the issue of the temporary air route licence is necessary to maintain an air transport service pending the determination or completion of action against the current holder’s air route licence or the granting of a new air route licence.
TfNSW may determine the procedures for applications for and the granting of, the requirements for and any conditions of a temporary air route licence.
TfNSW may suspend, vary or cancel a temporary air route licence at any time and for any reason.
A temporary air route licence ceases to have effect if—
(a) TfNSW gives written notice to that effect to the holder of the temporary licence, or
(b) TfNSW grants an air route licence for the same regulated air route.
No compensation is payable to any person by or on behalf of TfNSW or otherwise by or on behalf of the State for loss or damage arising directly or indirectly from the grant of or any action taken with respect to a temporary air route licence, or a licence held by a current holder or a current holder, under this section. No proceedings for damages or other relief, whether grounded at law or in equity, for the purpose of restraining the taking of an action under this section, or of obtaining compensation in respect of any such loss or damage may be maintained.
Subsection (5) extends to the following—
(a) compensation because of any act, statement or conduct relating to the grant of or any action taken with respect to a temporary air route licence or the operation of an air transport service,
(b) any person exercising a function or engaging in conduct for the purposes of this section at the request or direction of TfNSW or otherwise by or on behalf of the Crown, other than the current holder or a person who provided services on behalf of the current holder.
In this section—
(a) whether made verbally or in writing, and
(b) whether negligent, false, misleading or otherwise.
If 2 or more individuals hold a joint air route licence and any one of them dies or ceases to jointly provide the air transport service concerned—
(a) the air route licence is automatically suspended 21 days after the death or cessation if TfNSW has not been notified before that time of the death or cessation, and
(b) the licence may be cancelled, suspended or varied under this Act because of the death or cessation (whether before or after any such cessation).
This Part applies to drivers of motor vehicles used for the purposes of the following public passenger services—
(a) a bus service,
(b), (c) (Repealed)
(d) a tourist service provided by a bus,
(e) a charter service provided by a bus,
(f) any other public passenger service prescribed for the purposes of this section.
The regulations may provide for the types and classes of driver authorities.
A person must not drive a vehicle used to provide a public passenger service referred to in section 55 unless the person is the holder of a driver authority to drive a vehicle of that kind for a service of that kind.
Maximum penalty—100 penalty units.
The holder of a driver authority must not contravene a condition of the driver authority.
Maximum penalty—100 penalty units.
An individual who is not less than 20 years of age may apply for a driver authority.
An application for a driver authority is to be made to TfNSW.
An application is—
(a) to be in a form approved by TfNSW, and
(b) to contain the information that TfNSW requires to be provided, and
(c) to be accompanied by the fee prescribed by the regulations.
TfNSW may, by written notice given to the applicant, require the applicant to provide further information relevant to the application that is specified in the notice.
TfNSW may determine an application for a driver authority by granting or refusing the application.
TfNSW must not grant an application for a driver authority to drive a vehicle used to provide a public passenger service unless it is satisfied that the applicant meets the general standards for an authority or the standards for a current driver.
The general standards for a driver authority are as follows—
(a) that the applicant is at least 20 years of age,
(b) that the applicant is of good repute and is in all other respects a fit and proper person to be the driver of a vehicle used to provide a public passenger service,
(c) that the applicant has demonstrated sufficient responsibility and aptitude to drive the vehicle to which the authority relates in accordance with law and custom and the standards under which the public passenger service operates,
(d) that the applicant holds an unrestricted driver licence (within the meaning of the Road Transport Act 2013) to drive a vehicle to which the authority relates or any other licence to drive the vehicle prescribed by the regulations for the purposes of this subsection.
The standards for a current driver are as follows—
(a) that the applicant is the holder of a driver authority to drive a vehicle used to provide a public passenger service of the same or a different kind,
(b) that the standards required to be met for the grant of the driver authority are substantially similar to those required for the authority being applied for or the applicant has demonstrated that the applicant meets any additional standards applicable to the driver authority being applied for,
(c) that the applicant is not the subject of any action being taken or proposed to be taken by TfNSW relating to a driver authority held by the applicant.
The regulations may prescribe additional standards that are required to be met for the grant of a driver authority, either generally or in a particular case or class of cases.
It is also a standard for a driver authority to drive a bus used to provide a bus service that the applicant has successfully completed a bus driver training course approved by TfNSW and conducted by a registered training organisation or TfNSW is satisfied the applicant has the appropriate competence.
(Repealed)
TfNSW may refuse to consider an application for a driver authority if the applicant—
(a) has made an unsuccessful application for a driver authority or was the holder of a driver authority (whether of the same or a different kind) that has been cancelled under this Act, and
(b) the application is made within 12 months after the refusal or the cancellation took effect.
There is no right to apply to the Civil and Administrative Tribunal for an administrative review of a decision under this section to refuse to consider an application.
TfNSW may grant an application for a driver authority unconditionally or subject to the conditions specified by TfNSW in the authority.
A driver authority is to be in the form approved by TfNSW.
The regulations may make provision for or with respect to the issue, use or replacement of or other dealings with driver authority cards for holders of driver authorities.
A driver authority is in force for the period specified by TfNSW in the authority unless it is sooner cancelled.
A driver authority does not have effect while suspended and the suspension of an authority does not affect the day on which the term of an authority expires.
A driver authority may be renewed on application to TfNSW made before the expiry of the authority.
This Act applies to an application for the renewal of a driver authority in the same way as it applies to an application for an authority.
TfNSW must give an applicant for a driver authority or renewal of an authority written notice of the decision on the application.
If notice of a decision is not given to an applicant within 90 days of an application being made, the application is taken to have been refused.
Subsection (2) does not prevent an application from being granted after the period of 90 days has elapsed.
A driver authority to drive a vehicle used to provide a public passenger service is subject to the following conditions—
(a) any conditions imposed by TfNSW and in force from time to time,
(b) any conditions specified by this Act or prescribed by the regulations.
TfNSW may at any time, by written notice given to the holder of a driver authority, impose a condition on the authority or vary or revoke a condition of the authority imposed by TfNSW.
TfNSW must not impose a condition on a driver authority that is inconsistent with this Act or the regulations.
Without limiting subsection (1), the regulations may prescribe conditions on a driver authority relating to reporting occurrences of a specified kind to TfNSW or other persons.
(Repealed)
TfNSW may vary, suspend or cancel a driver authority if—
(a) the holder does not comply with a standard required to be met for the grant of a driver authority of that kind, or
(b) the holder fails to comply with a condition of the driver authority, or
(c) the holder fails to comply with this Act or the regulations, or
(d) a driver licence held by the holder is cancelled, suspended or expires or the holder is otherwise disqualified from driving a motor vehicle, or
(e) proceedings have been commenced against the holder for an offence of a kind prescribed by the regulations, or
(f) for any other reason it thinks fit.
TfNSW may also vary the conditions of a driver authority at any time (see section 69).
Without limiting subsection (1), TfNSW may take action under this section on the ground that the holder of a driver authority is not of good repute and in all other respects a fit and proper person to hold a driver authority if TfNSW is satisfied that the holder has failed, on written request given to the holder by TfNSW, to provide TfNSW with sufficient evidence that the holder is a person of good repute and is in all other respects a fit and proper person to hold a driver authority.
TfNSW may take action against the holder of a licence on the ground referred to in subsection (2) without making a written request referred to in that subsection.
(Repealed)
In this Part—
This Division applies to the following public passenger services—
(a) a public passenger service operated by a corporation constituted under the Transport Administration Act 1988 or the regulations under that Act,
(b) (Repealed)
(c) a service provided by an operator under a passenger service contract (other than a corporation referred to in paragraph (a)), if the contract so provides,
(d) any other service prescribed by the regulations for the purposes of this Part.
The Minister may, with the approval of the Minister administering the Independent Pricing and Regulatory Tribunal Act 1992, refer all or any of the services provided by one or more public passenger services to IPART for determination of or a recommendation as to the following—
(a) appropriate maximum fares for the service or services,
(b) appropriate maximum fares for specified fares or classes of fares for the service or services.
A referral may do any or all of the following—
(a) specify a period within which IPART is to report to the Minister on its determination or recommendation,
(b) require IPART to consider specified matters when making its investigations for the purposes of its report.
A matter relating to a service referred to in section 122 (a) or (c) may be referred to IPART under this section for a recommendation or for a determination.
A matter relating to any other public passenger service may be referred to IPART under this section only for a recommendation.
IPART may request the Minister to refer a matter to IPART under this section.
A referral may be varied or withdrawn by the Minister, with the approval of the Minister administering the Independent Pricing and Regulatory Tribunal Act 1992. A variation or withdrawal of a referral does not affect the operation of this Act or that Act in respect of a report on the referral, or the subject-matter of the report, if the report was received by the Minister from IPART before the variation or withdrawal.
IPART is to conduct investigations and report to the Minister on the appropriate maximum fares if a referral is made under this Part.
IPART may report to the Minister on any matter it considers relevant that arises from an investigation under this Part.
IPART is to consider the following matters in making a determination or recommendation under this Part—
(a) the cost of providing the services,
(b) the need for greater efficiency in the supply of services so as to reduce costs for the benefit of consumers and taxpayers,
(c) the protection of consumers from abuses of monopoly power in terms of prices, pricing policies and standards of service,
(d) the social impact of the determination or recommendation,
(e) the impact of the determination or recommendation on the use of the public passenger transport network and the need to increase the proportion of travel undertaken by sustainable modes such as public transport,
(f) standards of quality, reliability and safety of the services (whether those standards are specified by legislation, agreement or otherwise),
(g) the effect of the determination or recommendation on the level of Government funding,
(h) any matter specified in the referral to IPART,
(i) any other matter IPART considers relevant.
IPART must indicate what regard it has had to the matters specified in this section in any report of a determination or recommendation under this Part.
If IPART makes a determination or recommendation to increase the maximum fare for a service provided by a corporation constituted under the Transport Administration Act 1988 or under a passenger service contract that provides (however expressed) for the payment of fare revenue to TfNSW, IPART is required to assess and report on the likely annual cost to the Consolidated Fund if the fare were not increased to the maximum permitted and compensation were paid to the corporation or TfNSW for the revenue foregone by an appropriation from the Consolidated Fund.
Sections 13A–14A and Divisions 6 and 7 of Part 3 of the Independent Pricing and Regulatory Tribunal Act 1992 apply to an investigation and report by IPART under this Part in the same way as they apply to a determination, investigation or report under that Act. The provisions so apply as if a reference in those provisions to the Minister were a reference to the Minister administering this Act.
TfNSW may, by order published on the NSW legislation website (a
(a) the maximum fares for the service or services,
(b) specified maximum fares or classes of fares for the service or services.
TfNSW may not determine a fare that exceeds any maximum fare determined by IPART under this Part or that is determined otherwise than in accordance with a methodology determined by IPART under this Part.
TfNSW may have regard to any recommendation of IPART under this Part when making a fares order.
A fares order may specify a fare or specify the manner in which a fare is to be calculated.
(Repealed)
A person must not demand a fare for the provision of a service that—
(a) exceeds the amount of the fare determined for the service under a fares order, or
(b) contravenes arrangements for remuneration approved by a fares order.
Maximum penalty—100 penalty units.
A fares order prevails to the extent of any inconsistency with an order made under Division 5 of Part 8 of the Transport Administration Act 1988.
This section does not prevent the operator of a public passenger service from demanding a fare that is, or making contracts or arrangements for the provision of a service for which the fare is, lower than that determined under a fares order, subject to the provisions of any applicable passenger service contract.
(Repealed)
Regulations may be made for or with respect to the following matters for a public passenger service (other than an air transport service)—
(a) conditions of travel for passengers,
(b) conditions for the carriage of freight or other things,
(c) conditions for the provision of tickets.
Without limiting subsection (1), the regulations may—
(a) provide for a deemed contract between a passenger and the operator of the public passenger service relating to the provision of transport to a passenger using the service, and
(b) specify rights, obligations and liabilities under any such contract, and
(c) exculpate TfNSW or the operator of a public passenger service from liability, or otherwise limit the liability of TfNSW or an operator, in connection with the provision of a public passenger service, and
(d) exclude TfNSW from being taken to be, or being, the operator of a public passenger service for the purposes of the provision of transport to a passenger.
A regulation made under this section prevails to the extent of any inconsistency with an order made under Division 5 of Part 8 of the Transport Administration Act 1988.
The Minister may approve, by order published in the Gazette, a scheme for Government subsidised travel on public passenger services, passenger services under the Point to Point Transport (Taxis and Hire Vehicles) Act 2016 or other Government subsidised travel.
Without limiting subsection (1), an order under this section may—
(a) determine the classes of persons who are entitled to travel free or to the benefit of a fare concession on a service, or to have the benefit of other Government subsidised travel, and
(b) specify ancillary matters, including the level of concessions available to specified classes of persons and the services on which and times when free travel or fare concessions are available.
TfNSW is to administer, or arrange for the administration of, any scheme approved by an order under this Division.
TfNSW must give effect to the order and may, subject to that order, determine the conditions for the issue, cancellation, replacement and use of passes or vouchers for persons entitled to travel free or to the benefit of a fare concession or entitled to the benefit of other Government subsidised travel.
A determination by TfNSW may provide for (but is not limited to) the following—
(a) procedures for assessing eligibility,
(b) notification by recipients of changes in eligibility circumstances,
(c) suspension of benefits,
(d) fees payable to TfNSW to cover administrative costs relating to the determination of concession or subsidised travel applications and the issue and replacement of passes and other matters related to its functions under this section.
Despite this Division, the regulations may provide that persons of a specified class are not entitled to a benefit under a scheme approved under this Division. This subsection applies despite any determination or direction of the Minister or an operator of a service or the Anti-Discrimination Act 1977.
Payments required to be made in accordance with a scheme approved under this Division are to be made from such money as may be provided by Parliament.
Regulations may be made for or with respect to the following matters—
(a) prohibiting the provision of false or misleading information relating to applications for, or dealings with, a concession or other benefit under a scheme approved under this Division,
(b) prohibiting or regulating the use of, or other matters relating to, passes or vouchers used in connection with a scheme approved under this Division,
(c) imposing penalties for failing to comply with the conditions for free or concession passes for travel or for other Government subsidised travel,
(d) the recovery of amounts overpaid or wrongly received under a scheme approved under this Division.
TfNSW may require the operator of a bus service to provide to TfNSW information as to measures taken by the operator to promote safety, or relating to safety, that TfNSW reasonably requires.
TfNSW may, by written notice, require the operator of a bus service to submit a safety report to TfNSW.
The operator of a bus service must comply with a requirement under this section to provide information to TfNSW and must provide the information in the form and manner approved by TfNSW.
Maximum penalty—500 penalty units.
TfNSW is to make available to the Chief Investigator all information provided to TfNSW under this section that relates to a transport accident or incident that may affect the safe provision of a bus service.
The operator of a bus service must report to TfNSW or any other person prescribed by the regulations, in accordance with the regulations, on any notifiable occurrence that affects the bus service.
Maximum penalty—100 penalty units.
The regulations may—
(a) prescribe the kinds of occurrences that are notifiable occurrences, and
(b) prescribe the time within which and the manner in which a notifiable occurrence or class of occurrences is to be reported, and
(c) prescribe matters that are to be reported about notifiable occurrences or classes of notifiable occurrences.
The Chief Investigator may investigate any transport accident or incident that may affect the safe provision of railway operations, a bus service or a ferry service (a
The Minister may require the Chief Investigator to investigate and report to the Minister on a safety incident.
A transport safety investigation may extend to all relevant events and circumstances preceding the safety incident.
The Chief Investigator may, at any time, discontinue a transport safety investigation, other than an investigation requested by the Minister.
A transport safety investigation may be carried out and a report provided on a safety incident under this Division whether or not—
(a) an investigation is being, or has been, conducted under any other Act or law (including a law of the Commonwealth) relating to the same matter, or
(b) the matter is or may be subject to any criminal or civil proceedings, or
(c) the matter is the subject of an inquest or inquiry under the Coroners Act 2009, or
(d) the matter is or may be the subject of a transport safety inquiry.
The Chief Investigator is to conduct a transport safety investigation in the manner the Chief Investigator thinks appropriate.
The Chief Investigator may, by written notice, require either or both of the following—
(a) the attendance of any person at any place to answer questions in relation to a transport safety investigation,
(b) the production of any documents or other things required for the purposes of any such investigation.
The Chief Investigator may require a person to answer questions in relation to a transport safety investigation.
A person must not, without reasonable excuse, fail to comply with a requirement made of the person under this section.
Maximum penalty—100 penalty units.
Clause 29 of Schedule 1 provides protection in relation to self-incriminating evidence.
A person attending at a place to answer questions is to be paid expenses of the amount or at the rate approved by the Minister for the purposes of this section.
The notice under subsection (1) must be signed by the Chief Investigator and specify the time and place at which the person is required to attend to answer questions or produce the documents or other things.
The Chief Investigator may require a person who attends to answer questions under this section to answer the questions on oath or affirmation and, for that purpose, the Chief Investigator—
(a) may require the person to take an oath or to make an affirmation, and
(b) may administer an oath to, or take an affirmation from, the person.
The Chief Investigator must provide to the Minister a written report on a transport safety investigation, including any discontinued investigation.
The Chief Investigator may provide a copy of a draft report, or proposed recommendations in a report, on a confidential basis, to the Minister or any other person before completing the report—
(a) if the Chief Investigator thinks that it is desirable or necessary to do so for the purposes of transport safety, or
(b) to allow the making of submissions about the draft report, or
(c) to give advance notice of the likely form of the report.
The Chief Investigator may include in a report on a transport safety investigation any submissions made in response to a draft report or draft recommendations, safety action statements or safety recommendations.
If the Chief Investigator discontinues an investigation, the Chief Investigator must provide to the Minister, within 28 days, a written report setting out the reasons for discontinuing the investigation and a report on the investigation.
In this section—
(a) setting out any safety issues identified during the course of an investigation that should be addressed, or
(b) setting out any steps taken by persons to remedy safety issues identified during the course of an investigation.
A person must not copy, or disclose to a person or a court, the contents of a draft report or draft recommendations provided to the person under this Division, except—
(a) as required or authorised by or under this or any other Act, or
(b) where necessary to take steps to remedy safety issues identified in the draft report, or
(c) where necessary to prepare submissions on the draft report or draft recommendations.
Maximum penalty—100 penalty units.
A person who is provided with a draft report under this Division—
(a) cannot be required to disclose it to a person or a court, and
(b) is not entitled to take any disciplinary action against an employee of the person on the basis of the report.
A person who is or was the Chief Investigator or a transport safety investigator is not obliged to comply with a subpoena or similar direction of a court in relation to civil proceedings to attend and answer questions relating to an accident or incident or other event, occurrence, practice or matter the subject of a transport safety investigation, if the Chief Investigator has issued a certificate stating that the person is or was involved in any such transport safety investigation.
The Minister may constitute one or more persons as a Board of Inquiry to conduct an inquiry into and report on any transport accident or incident or any other event, occurrence, practice or matter that may affect the safe provision of railway operations, a bus service or a ferry service (a
The Board of Inquiry must, within the period required by the Minister, prepare a report as to the causes of the accident or incident or on the event, occurrence, practice or matter and provide a copy of the report to the Minister.
The Minister may not terminate a transport safety inquiry.
A transport safety inquiry may be carried out and a report provided whether or not—
(a) an investigation is being, or has been, conducted under any other Act or law (including a law of the Commonwealth) relating to the same matter, or
(b) the matter is or may be subject to any criminal or civil proceedings, or
(c) the matter is the subject of an inquest or inquiry under the Coroners Act 2009.
The Chief Investigator may, if he or she considers it to be appropriate in the circumstances, by written notice to the Minister, request that a transport safety inquiry be conducted into any transport accident or incident or any other event, occurrence, practice or matter that may affect the safe provision of railway operations, a ferry service or a bus service.
If the Minister receives a request under this section, the Minister is to—
(a) constitute a Board of Inquiry to conduct a transport safety inquiry into the accident, incident, event, occurrence, practice or matter, or
(b) within one month after receiving the notice, provide the Chief Investigator with written reasons for not doing so and table the notice and the reasons in each House of Parliament.
A Board of Inquiry is to determine its own procedure, except as provided by this Act or the regulations.
A Board of Inquiry may, at a transport safety inquiry, take evidence on oath or affirmation and, for that purpose, the person or persons constituting the Board—
(a) may require a person appearing at the inquiry to give evidence, to take an oath or to make an affirmation in a form approved by the person presiding, and
(b) may administer an oath to, or take an affirmation from, a person appearing at the inquiry.
In conducting a transport safety inquiry, a Board of Inquiry—
(a) is not bound to act in a formal manner, and
(b) is not bound by the rules of evidence and may inform itself on any matter in any way that it considers appropriate.
If the Board of Inquiry agrees, an agent (including a legal practitioner) may represent a person or body at a transport safety inquiry.
A Board of Inquiry, when conducting, and making a determination in respect of, a transport safety inquiry is to sit with any assessors that may be appointed by the Minister for the purposes of the inquiry.
An assessor sitting with a Board of Inquiry has the power to advise the Board of Inquiry but not to adjudicate on any matter before the Board of Inquiry.
A Board of Inquiry has the right to consult, either collectively or individually, and either in public or in private, with assessors sitting with it.
A Board of Inquiry may summon a person to appear at a transport safety inquiry to give evidence and to produce any documents that are specified in the summons.
A Board of Inquiry may require a person appearing at a transport safety inquiry to do any one or more of the following—
(a) be sworn or affirmed,
(b) produce a document,
(c) answer a question.
A person attending as a witness before a Board of Inquiry is to be paid expenses of the amount or at the rate approved by the Minister for the purposes of this section.
A person must not, without reasonable excuse, fail to comply with a requirement made of the person under this section.
Maximum penalty—
(a) in the case of a body corporate, 500 penalty units or, in the case of a second or subsequent offence by a body corporate under this section, 750 penalty units, or
(b) in the case of an individual, 250 penalty units or, in the case of a second or subsequent offence by an individual under this section, 375 penalty units.
A person who is or was a member of a Board of Inquiry or an authorised officer is not obliged to comply with a subpoena or similar direction of a court in relation to civil proceedings to attend and answer questions relating to an accident or incident or other event, occurrence, practice or matter the subject of a transport safety inquiry, if the Minister has issued a certificate stating that the person is or was involved in a transport safety inquiry.
The Chief Investigator may appoint an authorised person (within the meaning of section 45DA of the Transport Administration Act 1988) as a transport safety investigator for the purposes of conducting a transport safety investigation.
Section 45DA of the Transport Administration Act 1988 permits the Chief Investigator to delegate any of his or her functions.
The Chief Investigator must issue a transport safety investigator with an identity card.
The identity card must—
(a) be in the form approved by the Minister, and
(b) contain a recent photograph of the person.
A transport safety investigator must not exercise a function conferred by or under this Act unless an identity card has been issued to the investigator by the Chief Investigator.
This section applies to a transport safety investigator who is exercising, or about to exercise, a function under this Act.
A transport safety investigator must—
(a) carry his or her identity card at all times when exercising a power under this Act to enter premises or a power that is exercisable after entering premises, and
(f) powers and authorities of drivers of vehicles used to provide a public passenger service, and authorised officers, including (but not limited to) requiring the handing over of tickets, vouchers, passes and other authorities to travel for examination,
(g) the security, safety and order of persons using public passenger services or associated public passenger facilities,
(h) the protection and preservation of public passenger facilities.
Matters relating to the use or operation of vehicles used to provide a public passenger service.
Without limiting subclause (1), the following matters—
(a) prohibiting or restricting the use of the vehicles on any specified road, road related area or special purpose lane or part of a road, road related area or special purpose lane generally or within certain times,
(b) requirements for the vehicles, including age, design, equipment and fittings (internal and external),
(c) requiring the exhibition of specified public interest notices in or on the vehicles.
(d) (Repealed)
Matters relating to the payment of fares for travel on and tickets or authorities for public passenger services.
Without limiting subclause (1), the following matters—
(a) prohibiting persons from travelling on, or attempting to travel on, a vehicle used to provide a public passenger service without holding an appropriate ticket or other form of authority,
(b) imposing penalties for failing to pay the appropriate fare or leaving a vehicle or railway premises before paying the appropriate fare,
(c) publication of fares or other arrangements for payment for public passenger services,
(d) tickets or authorities for travel across services of different kinds and apportionment of fares for such travel,
(e) collection of fares,
(f) sale of tickets or authorities for travel,
(g) terms and conditions of tickets, smartcards and other authorities to travel on a public passenger service,
(h) collection of fares or other remuneration, and the determination of maximum or minimum fares or rates of remuneration, payable for the carriage of passengers or of passengers’ luggage or other goods using a public passenger service.
Matters relating to the use or operation of smartcards and smartcard readers.
Without limiting subclause (1), the following matters—
(a) testing and certification of smartcard readers,
(b) admission in legal proceedings as evidence (including conclusive evidence) of—
(i) information obtained by smartcard readers, and
(ii) certificates as to that information and testing of smartcard readers.
Matters relating to the operation of public passenger services.
Without limiting subclause (1), the following matters—
(a) taking up or setting down passengers,
(b) timetables for services,
(c) regulating or prohibiting the withdrawal of buses or ferries from ordinary routes for special services,
(d) prohibiting any person from touting or calling out or otherwise importuning any person to use a vehicle,
(e) signs and notices for the guidance of drivers or passengers,
(f) the transport of luggage and other goods, or animals,
(g) the declaration of the speed not to be exceeded by buses whether generally or in any specified locality or on any specified road, road related area or special purpose lane or any part of a road, road related area or special purpose lane.
Matters relating to property left in vehicles used to provide public passenger services or other railway premises.
Without limiting subclause (1), the following matters—
(a) custody and return of property,
(b) disposal and sale for unclaimed property,
(c) compensation for such property.
Matters relating to accreditations, driver authorities or licences.
Without limiting subclause (1), the following matters—
(a) fees for processing applications for an accreditation, driver authority or licence or a renewal of an accreditation, driver authority or licence,
(b) accreditation, driver authority or licence fees.
Matters relating to passenger service contracts.
Without limiting subclause (1), the following matters—
(a) performance standards,
(b) forms and conditions to be observed when submitting applications or tenders,
(c) conditions applicable to school bus services or in other special circumstances.
The regulation or prohibition of advertisements relating to public passenger services.
Without limiting subclause (1), advertisements displayed in or on vehicles used for a service.
Matters relating to the provision of information and keeping of records by operators of public passenger services and owners and drivers of vehicles used for such services.
Without limiting subclause (1), the following matters—
(a) the furnishing of returns by operators, including about financial information,
(b) the furnishing of returns by owners of vehicles used for public passenger services,
(c) the inspection of records required to be kept by operators and owners and drivers of vehicles,
(d) records relating to passenger service contracts.
Matters relating to drug and alcohol testing of transport safety employees engaged in bus services or ferry services, including the following matters—
(a) the authorisation of persons (including authorised officers)—
(i) to administer breath tests, breath analyses or other tests for the purpose of detecting the presence of alcohol or drugs, and
(ii) to operate equipment for that purpose,
(b) the circumstances when tests for detecting the presence of alcohol or drugs may be conducted, including (but not limited to) random testing and testing of employees when about to carry out, or while on duty for the purpose of carrying out, transport safety work,
(c) the conduct of testing, which may include the taking of blood or urine samples or other body tissues or fluids,
(d) the taking of samples of blood or urine or other body tissues or fluids,
(e) the devices used in carrying out breath tests, breath analyses and other tests, including the calibration, inspection and testing of those devices,
(f) the accreditation of persons conducting analyses for the presence of drugs,
(g) the procedure for the handling and analysis of samples of blood or urine or other body tissues or fluids,
(h) offences relating to the carrying out of transport safety work while under the influence of alcohol or any other drug,
(i) offences relating to the carrying out of transport safety work while the prescribed concentration of alcohol is present in the employee’s breath or blood,
(j) offences relating to the carrying out of transport safety work while a drug (other than alcohol), or a prescribed concentration or amount of any such drug, is present in the employee’s blood or urine or other body tissues or fluids,
(k) offences relating to refusal or failure to undergo tests or otherwise comply with test procedures or interference with test results,
(l) offences relating to refusal or failure to administer tests or take samples or to do so in accordance with required procedures,
(m) evidence in proceedings as to matters relating to drug and alcohol testing,
(n) without limiting paragraph (m), the use of certificates as to concentration of alcohol or presence of drugs as evidence of the matters stated in the certificate in proceedings for offences,
(o) confidentiality of test results,
(p) protection against liability for persons administering tests or taking samples of blood or urine or other body tissues or fluids,
(q) disciplinary action that may be taken consequent on a breach of regulations made under this clause.
Matters relating to special purpose lanes, including the establishment, variation and revocation of special purpose lanes.
The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.
Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as—
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
In this Part—
(a) a determination under section 16AE of the former Act,
(b) a determination under section 28J of the former Act,
(c) a determination under section 60A of the former Act,
(d) a determination under Division 5 of Part 3 of the Independent Pricing and Regulatory Tribunal Act 1992 of pricing for fares and other charges for public passenger services.
Any act, matter or thing done or omitted to be done under a provision of the former Act and having any force or effect immediately before the commencement of a provision of this Act that replaces that provision is, on that commencement, taken to have been done or omitted to be done under the provision of this Act.
This clause does not apply—
(a) to the extent to which its application is inconsistent with any other provision of this Schedule or a provision of a regulation made under this Schedule, or
(b) to the extent that its application would be inappropriate in a particular case.
A person who was, immediately before the commencement of Part 2 of this Act, an accredited service operator for a public passenger service under the former Act is taken to be the holder of an accreditation as an operator for that service under this Act (a
A continuing accreditation is subject to any conditions imposed by RMS that applied to the accreditation under the former Act immediately before that commencement and the conditions may be varied or revoked as if they were imposed under this Act.
The term of a continuing accreditation expires on the day on which it would have expired under the former Act if the former Act had not been repealed, unless it is sooner cancelled under this Act.
The holder of an existing air service licence is taken to be the holder of—
(a) an air route licence under this Act relating to the route to which the existing air service licence related, and
(b) an accreditation to operate an air transport service in relation to that route.
The air route licence and accreditation are subject to any conditions that applied to the existing air service licence immediately before the commencement of this clause and the conditions may be varied or revoked as if they were imposed under this Act.
The term of the air route licence and accreditation expire on the day on which the existing air service licence would have expired if the Air Transport Act 1964 had not been repealed, unless they are sooner cancelled under this Act.
There is no right to a renewal of an air route licence or accreditation conferred by this clause and no compensation is payable for the loss of any right of renewal available in relation to the existing air service licence.
An air route to which an existing air service licence applied is taken to be a regulated air route for the purposes of this Act during any period during which the existing air service licence is taken to be an air route licence under this Act.
A reference in any other Act or instrument to an existing air service licence is taken to be a reference to the air route licence and accreditation conferred in respect of that licence by this clause.
A person who was, immediately before the commencement of Part 4 of this Act, the holder of an authority to drive a public passenger vehicle under the former Act is taken to be the holder of a driver authority as a driver for that vehicle under this Act (a
A continuing authority is subject to any conditions imposed by RMS that applied to the authority under the former Act immediately before that commencement and the conditions may be varied or revoked as if they were imposed under this Act.
The term of a continuing authority expires on the day on which it would have expired under the former Act if the former Act had not been repealed, unless it is sooner cancelled under this Act.
A driver authority card that was in force in relation to the holder of a continuing authority is taken to have been issued under this Act.
Section 63 of this Act extends to an application for a driver authority if the applicant made an unsuccessful application for a driver authority, or was the holder of the same or a different kind of driver authority that was cancelled, under the former Act within the period referred to in that section.
(Repealed)
An application made under the former Act or the Air Transport Act 1964 for a licence, accreditation or authority before the commencement of this clause and not determined before that commencement is taken to be, and is to be determined as if it were, an application for the corresponding licence, accreditation or authority under this Act.
Section 20 of this Act extends to an application for an accreditation if a close associate of the applicant has previously held an accreditation under the former Act or an existing air service licence for the operation of the same or a different public passenger service that has been cancelled.
The repeal of the former Act does not affect an existing service contract.
The following provisions of the former Act, as in force immediately before the repeal of that Act, continue to apply to or in respect of an existing service contract to which those provisions applied immediately before that repeal—
(a) Part 3 (other than Division 1, section 16AE and Subdivisions 3 and 4 of Division 3),
(b) Division 2 of Part 5,
(c) Part 7 of Schedule 3 (other than clause 38).
Division 2 of Part 7 of this Act applies to a service provided by an operator under a service contract referred to in section 16AE or 28J of the former Act that is continued in force by this Act in the same way as that Division applies to a passenger service contract and a service provided under a passenger service contract.
Nothing in this clause affects the operation of section 30 of the Interpretation Act 1987.
An existing fare determination that applied to a public passenger service immediately before the commencement of Part 7 of this Act continues to apply to the service until a fares order is made applying to the service under that Part.
An existing fare determination, while so applying, is taken to be a fares order for the purposes of this Act.
A determination in force under section 88 of the Transport Administration Act 1988 immediately before the repeal of that section, and any regulations in force under that section before that repeal, continue to have effect until replaced by an order or other provision made under Division 3 or 4 of Part 7 of this Act.
A scheme for Government subsidised travel, or any scheme for concession fares or free travel for a public passenger service, that was in effect immediately before the commencement of Part 7 of this Act continues to be in effect until replaced by an order or other provision made under Division 4 of Part 7 of this Act.
Part 8 of this Act applies to an accident or incident that occurred before, on or after the commencement of that Part.
A transport safety investigation or transport safety inquiry commenced under the former Act, but not completed before the commencement of Part 8 of this Act, is taken to have been commenced under this Act and this Act applies accordingly.
An authorised officer who held office under the former Act immediately before the repeal of section 46W of that Act is taken to have been appointed as an authorised officer, on the same terms, under this Act.
A transport safety investigator who held office under the former Act immediately before the repeal of clause 2 of Schedule 6 to that Act is taken to have been appointed as a transport safety investigator, on the same terms, under this Act.
This Part is subject to the regulations under clause 1.
A person who was appointed as an authorised officer under section 46W of the Passenger Transport Act 1990 at any time from 1 November 2011 to 1 June 2015 is taken to have been validly appointed as an authorised officer under that Act from the date of the person’s appointment.
A person cannot challenge or otherwise call into question anything done or not done by a person referred to in subclause (1) on the basis that the person was not an authorised officer because the person was not validly appointed as an authorised officer.
The North West Rail Link Operations, Trains and Systems Project Deed entered into between TfNSW and NRT Pty Ltd on 15 September 2014, which is to be transferred from TfNSW to Sydney Metro by an order under section 94 of the Transport Administration Act 1988, is before and after that transfer, taken to be a passenger service contract entered into under section 36B of this Act.
Omit “Passenger Transport Act 1990” from clause 4 (1).
Insert instead “Passenger Transport Act 2014”.
(Repealed)
Omit “section 46BA or 46BC of the Passenger Transport Act 1990” from clause 8 (1).
Insert instead “section 133 or 140 of the Passenger Transport Act 2014”.
(Repealed)
Omit “Passenger Transport Act 1990” where secondly occurring.
Insert instead “Passenger Transport Act 2014”.
Omit “Passenger Transport Act 1990”. Insert instead “Passenger Transport Act 2014”.
Omit “accredited service operator” wherever occurring.
Insert instead “accredited operator of a public passenger service”.
Omit “regular bus service under a passenger service contract”.
Insert instead “service conducted according to regular routes and timetables under a passenger service contract”.
Omit section 222A(4). Insert instead—
In this section—
Omit “Passenger Transport Act 1990” where secondly occurring.
Insert instead “Passenger Transport Act 2014”.
(Repealed)
(Repealed)
(Repealed)
Omit “Passenger Transport Act 1990, section 46V”.
Insert instead “Passenger Transport Act 2014, Schedule 1, clauses 10 and 24”.
Omit “Passenger
Transport Act 1990” from the definition of
Insert instead “Passenger Transport Act 2014”.
Omit “Passenger Transport Act 1990” wherever occurring.
Insert instead “Passenger Transport Act 2014”.
Omit “Passenger Transport Act 1990” from section 103 (2) (a).
Insert instead “Passenger Transport Act 2014”.
Omit “public passenger vehicle within the meaning of the Passenger Transport Act
1990” from the definition of
Insert instead “vehicle used for a public passenger service within the meaning of the Passenger Transport Act 2014”.
Omit “an authority under the Passenger Transport Act 1990” from section 56 (1) (a) (v).
Insert instead “a driver authority under the Passenger Transport Act 2014”.
Omit “Passenger Transport Act 1990” from section 57 (1) (b).
Insert instead “Passenger Transport Act 2014”.
Omit “public passenger vehicle within the meaning of the Passenger Transport Act 1990” from section 107 (2) (c).
Insert instead “vehicle used for a public passenger service within the meaning of the Passenger Transport Act 2014”.
Omit “Passenger Transport Act 1990” from section 195 (1) (e).
Insert instead “Passenger Transport Act 2014”.
(Repealed)
Omit paragraph (b) of the definition of
the Passenger Transport Act 2014,
Omit “Passenger Transport Act 1990”. Insert instead “Passenger Transport Act 2014”.
Omit paragraph (a) of the definition of
Insert instead—
under section 31 of the Passenger Transport Act 2014, or
Insert at the end of the section—
Division 1 of Part 3 of the Passenger Transport Act 2014 provides for passenger service contracts to be entered into between TfNSW and providers of rail passenger services.
Insert at the end of the section—
The terms and conditions on which the functions of RailCorp, Sydney Trains, and NSW Trains as rail infrastructure owners are to be carried out are to be set out in a contract entered into between TfNSW (on behalf of the State) and the entity concerned.
The regulations may provide for matters to be included in the contract.
Insert at the end of the section—
The terms and conditions on which access to the NSW rail network is to be provided by RailCorp are to be set out in a contract entered into between TfNSW (on behalf of the State) and RailCorp.
The terms and conditions on which network control services are to be provided by the body responsible in accordance with section 99D are to be set out in a contract entered into between TfNSW (on behalf of the State) and that body.
The regulations may provide for matters to be included in the contract.
Insert at the end of the section—
Division 1 of Part 3 of the Passenger Transport Act 2014 provides for passenger service contracts to be entered into between TfNSW and providers of bus services.
Insert at the end of the section—
Division 1 of Part 3 of the Passenger Transport Act 2014 provides for passenger service contracts to be entered into between TfNSW and providers of ferry services.
Omit “Passenger Transport Act 1990” from section 35C (4).
Insert instead “Passenger Transport Act 2014”.
(Repealed)
Omit “Passenger Transport Act 1990” from section 45A (2) (a).
Insert instead “Passenger Transport Act 2014”.
Omit “Passenger Transport Act 1990” from section 45AA (3).
Insert instead “Passenger Transport Act 2014”.
Omit “section 46E of the Passenger Transport Act 1990” from section 45C (5).
Insert instead “section 150 of the Passenger Transport Act 2014”.
(Repealed)
Omit “Passenger Transport Act 1990” from section 70 (d).
Insert instead “Passenger Transport Act 2014”.
Omit “section 63 of the Passenger Transport Act 1990” from section 74 (c).
Insert instead “section 176 of the Passenger Transport Act 2014”.
Omit “section 63 of the Passenger Transport Act 1990” from section 80E (d).
Insert instead “section 176 of the Passenger Transport Act 2014”.
Omit “Passenger Transport Act 1990” from section 85 (5).
Insert instead “Passenger Transport Act 2014”.
Omit the section.
Omit “Passenger
Transport Act 1990” from the definition of
Insert instead “Passenger Transport Act 2014”.
Insert after clause 1 (j)—
TfNSW also has regulatory functions relating to fares under Part 7 of the Passenger Transport Act 2014.
Omit the clause.
Omit “section 46E of the Passenger Transport Act 1990”.
Insert instead “section 150 of the Passenger Transport Act 2014”.
Omit “Passenger Transport Act 1990”.
Insert instead “Passenger Transport Act 2014”.
Omit the clause.
Passenger Transport Act 2014 No 46. Assented to 17.9.2014. Date of commencement (except Part 1 (other than sec 7), Div 1 of Part 3, Divs 1–3 of Part 7, Part 9, Part 10 (other than secs 173 and 179 (except to the extent that it repeals Part 3 and Div 2 of Part 5 of the Passenger Transport Act 1990), Parts 2 and 3 of Sch 1, Sch 2 and cll 1–3, 10–12 and 15 of Sch 3 and Sch 4.5): not in force; date of commencement of Part 1 (other than sec 7), Part 9, Part 10 (other than secs 173 and 179), Parts 2 and 3 of Sch 1, Sch 2 and cll 1–3, 10 and 15 of Sch 3, 1.12.2014, sec 2 and 2014 (749) LW 28.11.2014; date of commencement of Div 1 of Part 3, 1.3.2016, sec 2 and 2016 (93) LW 26.2.2016; date of commencement of Divs 1–3 of Part 7 and cl 12 of Sch 3, 12.12.2014, sec 2 and 2014 (749) LW 28.11.2014; date of commencement of sec 179 to the extent that it repeals Part 3 and Div 2 of Part 5 of the Passenger Transport Act 1990, cl 11 of Sch 3 and Sch 4.5, 1.3.2016, sec 2 and 2016 (93) LW 26.2.2016; Sch 4.2 was not commenced and was repealed by the Statute Law (Miscellaneous Provisions) Act 2017 No 22; Schs 4.4 [1], 4.6 and 4.11 were not commenced and were repealed by the Point to Point Transport (Taxis and Hire Vehicles) Act 2016 No 34; Sch 4.12 [10] was not commenced and was repealed by the Transport Administration Amendment (Independent Transport Safety Regulator) Act 2017 No 4. This Act has been amended as follows—
No 15 | Statute Law (Miscellaneous Provisions) Act 2015. Assented to 29.6.2015. Date of commencement of Schs 1.19 and 2, 8.7.2015, sec 2 (1). | |
No 19 | State Insurance and Care Governance Act 2015. Assented to 21.8.2015. Date of commencement of Sch 15.11, 1.9.2015, sec 2 and 2015 (524) LW 28.8.2015. | |
No 34 | Point to Point Transport (Taxis and Hire Vehicles) Act 2016. Assented to 28.6.2016. Date of commencement of Sch 5 [1]–[24] and [26]: 1.11.2017, sec 2 (1) and 2017 (577) LW 20.10.2017; date of commencement of Sch 5 [25], assent, sec 2 (2). | |
No 4 | Transport Administration Amendment (Independent Transport Safety Regulator) Act 2017. Assented to 1.3.2017. Date of commencement, 31.3.2017, sec 2 and 2017 (114) LW 31.3.2017. | |
No 12 | Transport Administration Amendment (Transport Entities) Act 2017. Assented to 11.4.2017. Date of commencement of Sch 1, 1.7.2017, sec 2 and 2017 (330) LW 30.6.2017. | |
No 22 | Statute Law (Miscellaneous Provisions) Act 2017. Assented to 1.6.2017. Date of commencement of Sch 3, 7.7.2017, sec 2 (3). | |
No 18 | Transport Administration Amendment (Sydney Metro) Act 2018. Assented to 23.5.2018. Date of commencement, 1.7.2018, sec 2 and 2018 (275) LW 22.6.2018. | |
No 14 | Statute Law (Miscellaneous Provisions) Act (No 2) 2019. Assented to 21.11.2019. Date of commencement of Sch 1.15, assent, Sch 1.15. | |
No 30 | Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of amendments made by Sch 4, 22.1.2021, sec 2(4). | |
No 9 | Heavy Vehicle Legislation Amendment (National Regulator) Act 2021. Assented to 14.5.2021. Date of commencement of Sch 3, 1.8.2022, sec 2(2) and 2022 (325) LW 1.7.2022. |
This Act has been amended by sec 30C of the Interpretation Act 1987 No 15.
Sec 4 | Am 2016 No 34, Sch 5 [1]–[4]; 2018 No 18, Sch 2.12 [1]; 2020 No 30, Sch 4.60[2]. |
Sec 5 | Am 2016 No 34, Sch 5 [5]. |
Secs 8, 9 | Rep 2016 No 34, Sch 5 [6]. |
Sec 12 | Am 2016 No 34, Sch 5 [7]. Rep 2020 No 30, Sch 4.60[3]. |
Sec 13 | Am 2020 No 30, Sch 4.60[4]. |
Sec 15 | Am 2016 No 34, Sch 5 [8]. |
Sec 17 | Am 2020 No 30, Sch 4.60[4] [5]. |
Sec 18 | Am 2016 No 34, Sch 5 [9]; 2020 No 30, Sch 4.60[4] [5]. |
Sec 19 | Am 2020 No 30, Sch 4.60[5]. |
Sec 20 | Am 2020 No 30, Sch 4.60[5]–[7]. |
Secs 21–23 | Am 2020 No 30, Sch 4.60[4]. |
Sec 24 | Am 2020 No 30, Sch 4.60[8]. |
Sec 26 | Am 2020 No 30, Sch 4.60[4] [5]. |
Sec 27 | Am 2020 No 30, Sch 4.60[4]. |
Sec 32 | Rep 2016 No 34, Sch 5 [6]. |
Sec 33 | Am 2020 No 30, Sch 4.60[4] [5]. |
Sec 34 | Rep 2016 No 34, Sch 5 [6]. |
Sec 35 | Am 2020 No 30, Sch 4.60[4]. |
Sec 36A | Ins 2016 No 34, Sch 5 [10]. |
Sec 36B | Ins 2018 No 18, Sch 2.12 [2]. |
Sec 55 | Am 2016 No 34, Sch 5 [6] [11]. |
Secs 62, 70 | Rep 2016 No 34, Sch 5 [6]. |
Parts 5, 6 (secs 72–120) | Rep 2016 No 34, Sch 5 [12]. |
Sec 122 | Am 2016 No 34, Sch 5 [6]. |
Sec 123 | Am 2015 No 15, Sch 1.19 [1]. |
Sec 124 | Am 2015 No 15, Sch 2.39 [1]. |
Sec 125 | Am 2016 No 34, Sch 5 [6] [13]. |
Secs 126, 127 | Rep 2016 No 34, Sch 5 [6]. |
Sec 128 | Am 2016 No 34, Sch 5 [14]. |
Sec 129 | Am 2016 No 34, Sch 5 [15]. |
Sec 152 | Am 2018 No 18, Sch 2.12 [3]; 2020 No 30, Sch 4.60[9]–[11]. |
Sec 153 | Am 2020 No 30, Sch 4.60[9]. |
Secs 154, 156, 157 | Am 2020 No 30, Sch 4.60[12]. |
Sec 159 | Am 2020 No 30, Sch 4.60[13]. |
Sec 164 | Am 2016 No 34, Sch 5 [6]. |
Sec 164A | Ins 2016 No 34, Sch 5 [16]. |
Sec 165A | Ins 2016 No 34, Sch 5 [17]. |
Sec 166 | Am 2015 No 15, Sch 1.19 [2]. Subst 2017 No 22, Sch 3.50 [1]. Am 2020 No 30, Sch 4.60[12]. |
Sec 169 | Am 2020 No 30, Sch 4.60[12]. |
Sec 170 | Am 2015 No 19, Sch 15.11; 2018 No 18, Sch 2.12 [4]–[6]; 2020 No 30, Sch 4.60[9] [11]. |
Secs 171, 172 | Am 2020 No 30, Sch 4.60[13]. |
Sec 174 | Am 2016 No 34, Sch 5 [6]; 2020 No 30, Sch 4.60[13]. |
Sec 176 | Am 2016 No 34, Sch 5 [18]. |
Sch 1 | Am 2016 No 34, Sch 5 [19]; 2020 No 30, Sch 4.60[14] [15]. |
Sch 2 | Am 2016 No 34, Sch 5 [18] [20] [21]. |
Sch 3 | Am 2015 No 15, Schs 1.19 [3], 2.39 [2]; 2016 No 34, Sch 5 [22]–[25]; 2018 No 18, Sch 2.12 [7]. |
Sch 4 | Am 1987 No 15, sec 30C; 2016 No 34, Sch 5 [26]; 2017 No 4, Sch 2.2; 2017 No 12, Sch 1.12 [1] [2]; 2017 No 22, Sch 3.50 [2]; 2018 No 18, Sch 2.12 [8]; 2019 No 14, Sch 1.15; 2020 No 30, Sch 4.60[16] [17]; 2021 No 9, Sch 3.2[1] [2]. |
The whole Act (except Sch 3) | Am 2020 No 30, Sch 4.60[1] (“RMS” omitted wherever occurring, “TfNSW” inserted instead). |
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