Passenger Transport Amendment Act 2006 (NSW)

An Act to amend the Passenger Transport Act 1990 to make further provision with respect to the accreditation of operators of public passenger services; and for other purposes.

1Name of Act

This Act is the Passenger Transport Amendment Act 2006.

2Commencement

This Act commences on the date of assent to this Act.

3Amendment of Passenger Transport Act 1990 No 39

The Passenger Transport Act 1990 is amended as set out in Schedule 1.

4Repeal of Act(1)

This Act is repealed on the day following the day on which this Act commences.

(2)

The repeal of this Act does not, because of the operation of section 30 of the Interpretation Act 1987, affect any amendment made by this Act.

Schedule 1Amendments

(Section 3)

[1]Section 3 Definitions

Insert in alphabetical order in section 3 (1):

corporation means any incorporated body of the kind referred to in section 5A (1) (c).

[2]Section 5A

Insert after section 5:

5APersons who may be accredited(1)

For the purposes of this Act, the following are eligible to be accredited to carry on a public passenger service:

• (a)

  a single individual,

• (b)

  two or more individuals carrying or proposing to carry on the service jointly under a partnership or other agreement or arrangement,

• (c)

  a body incorporated by or under the law of this or any other jurisdiction (including the Corporations Act 2001 of the Commonwealth, the Associations Incorporation Act 1984 or the Co-operatives Act 1992).

(2)

If 2 or more individuals are jointly accredited and any one of them dies or ceases to jointly carry on the service:

• (a)

  the accreditation is automatically suspended on the expiration of 21 days after the death or cessation if the Director-General 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 notification).

(3)

If 2 or more individuals are jointly accredited to carry on a public passenger service, each of those individuals has the obligations imposed on accredited operators of any such service under this Act.

[3]Schedule 3 Savings and transitional provisions

Insert at the end of clause 2 (1):

Passenger Transport Amendment Act 2006

[4]Schedule 3

Insert at the end of the Schedule with appropriate Part and clause numbers:

PartProvisions consequent on enactment of Passenger Transport Amendment Act 2006

In this Part:

the amending Act means the Passenger Transport Amendment Act 2006.

(1)

This clause applies to:

• (a)

  any accreditation purportedly issued or renewed under this Act, or

• (b)

  any service contract purportedly entered into under this Act, or

• (c)

  any other act or thing purportedly done or omitted under this Act or under any such accreditation or contract,

at any time before the commencement of the amending Act.

(2)

Any such accreditation, contract, act or thing that would have been validly issued, renewed, entered into, done or omitted if the amending Act had been in force at that time is taken to be (and always to have been) validly issued, renewed, entered into, done or omitted.