AUSTRALIAN CAPITAL TERRITORY

Road Transport (Public Passenger Services) Act 2001
No 62 of 2001
CONTENTS

Section 	Page
No 62 of 2001
No 62 of 2001
Part 1—preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Objects (NSW s 4)	2
	4	Dictionary	3
	5	Notes	3
	6	Functions of road transport authority	3
	7	Register of accredited people	4
	8	Disclosure of information in registers	4
	9	Trade Practices Act authorisation	4
	10	What is a public passenger service?	5
Part 2—Bus Services
Division 2.1—Basic concepts
	11	Meaning of bus service (NSW s 3, def of regular passenger service)	6
	12	What is a regular route service?  (NSW s 3, def of regular passenger service)	6
	13	What is a tour and charter service?	6
	14	What is a long-distance service?  (NSW s 3, def of long-distance service)	6
Division 2.2—Accreditation of bus service operators
	15	Bus operators—purposes of accreditation (NSW s 7 (2))	6
	16	Regulations about accreditation system	7
Division 2.3—Service contracts for regular route services
	17	Service contracts (NSW s 16 (1), s 17, s 21 (3), (5))	8
Division 2.4—Entitlement to operate certain bus services
	18	Entitlement to operate regular route services	10
	19	Entitlement to operate tour and charter services	10
	20	Unaccredited operators not to operate certain bus services (NSW s 7 (1))	10
	21	Pretending to be accredited	10
	22	Operators of regular route services to hold service contracts (NSW s 16 (3))	11
Division 2.5—Regulation of bus services
	23	Regular route services—power to determine maximum fares	11
	24	Regulations about operation of bus services by accredited people	11
	25	Regulations about operation of public buses	12
	26	Regulations about bus drivers	13
	27	Regulations about conduct of passengers	13
	28	Regulations about enforcement	13
Part 3—Miscellaneous
	29	Regulation-making power (NSW s 63 (1), (4))	14
	30	Regulations may apply certain documents etc	14
	31	Minister may exclude vehicles and people from Act	14
	32	Regulations may exclude vehicles and people from Act  (NSW s 63 (3))	14
Part 4—Transitional Provisions
Division 4.1—General
	33	Definitions for pt 4	16
	34	Transitional regulations	16
	35	Modification of pt 4’s operation	16
	36	Expiry of div 4.1	17
Division 4.2—Bus services under Motor Omnibus Act
	37	Existing bus services operated under the Motor Omnibus Act	17
	38	Fares, concession cards and refunds under Motor Omnibus Act	17
	39	Expiry of div 4.2	18
Division 4.3—Infringement notices under Motor Omnibus Act
	40	Existing infringement notices	18
	41	Existing final notices	18
	42	Existing notices disputing liability under infringement notices	18
	43	Existing applications for extension of time	18
	44	Suspension of concession card in force under Motor Omnibus Act	19
	45	Expiry of div 4.3	19
Division 4.4—Bus operator’s licences
	46	Existing bus operator’s licences	19
	47	Expiry of div 4.4	20
Division 4.5—Bus service licences
	48	Existing bus service licences	21
	49	Expiry of div 4.5	21
Division 4.6—Small buses
	50	Existing small buses	22
	51	Expiry of div 4.6	22
	DICTIONARY	33

AUSTRALIAN CAPITAL TERRITORY

Road Transport (Public Passenger Services) Act 2001
No 62 of 2001
	
An Act to regulate public transport services, and for other purposes
[Notified in ACT Gazette S66: 10 September 2001]
	The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1—preliminary
Note	This Act (including the regulations) forms part of the road transport legislation. Other road transport legislation includes the Road Transport (Alcohol and Drugs) Act 1977, the Road Transport (Dimensions and Mass) Act 1990, the Road Transport (Driver Licensing) Act 1999, the Road Transport (General) Act 1999, the Road Transport (Safety and Traffic Management) Act 1999, the Road Transport (Vehicle Registration) Act 1999 and the regulations made under those Acts. As part of the road transport legislation, this Act is subject to various provisions in the Road Transport (General) Act 1999 about the administration and enforcement of the road transport legislation generally.
1 	Name of Act
	This Act is the Road Transport (Public Passenger Services) Act 2001.
2 	Commencement
	This Act commences on a day fixed by the Minister by notice in the Gazette.
Note 1 	The provisions of an Act providing for its name and commencement automatically commence on the date of notification of the Act (see Interpretation Act 1967, s 10B).
Note 2 	A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Interpretation Act 1967, s 10C (1)).
Note 3 	If a provision has not commenced within 6 months beginning on the date of notification of the Act, it automatically commences on the first day after that period (see Interpretation Act 1967, s 10E (2)).
3 	Objects (NSW s 4)
 	The objects of this Act include—
	(a)	to provide for the accreditation of the operators of public passenger services that operate within or partly within the ACT; and
	(b)	to provide for the operation of regular route services under service contracts; and
	(c)	to encourage public passenger services that meet the reasonable expectations of the community for safe, reliable and efficient public passenger services.
4 	Dictionary
	The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain words and expressions used in this Act, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act or in the road transport legislation.
For example, the signpost definition ‘bus service—see section 11 (Meaning of bus service).’ means that the expression ‘bus service’ is defined in section 11 of this Act.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Interpretation Act 1967, s 11F and s 11G).
5 	Notes
(1) 	A note included in this Act is explanatory and is not part of this Act.
Note	See Interpretation Act 1967, s 12 (1), (4) and (5) for the legal status of notes.
(2) 	In this Act:
note includes material enclosed in brackets in section headings.
Note 		For comparison, a number of sections contain bracketed notes in their headings drawing attention to equivalent or comparable (though not necessarily identical) provisions of other legislation.  The notes include the following abbreviation:
•	NSW: Passenger Transport Act 1990 (NSW).
6 	Functions of road transport authority
	The functions of the road transport authority under this Act are—
	(a)	to administer the accreditation scheme established under this Act for the accreditation of operators of public passenger services; and
	(b)	to keep an accredited bus operators register under this Act; and
	(c)	to provide information about accredited people in accordance with this Act and other laws in force in the Territory; and
	(d)	to administer service contracts for regular route services entered into under this Act; and
	(e)	to exercise any other functions given to the authority under this Act.
7	Register of accredited people
(1)	The accredited bus operators register may include information given to the road transport authority under this Act and any other information the authority considers appropriate.
Note	Section 6 (b) requires a register of accredited bus service operators to be kept.
(2)	The register may be kept in the form of, or as part of, 1 or more computer databases or in any other form the road transport authority considers appropriate.
(3)	The road transport authority may correct any mistake, error or omission in the register subject to the requirements (if any) of the regulations.
(4)	This section does not limit the functions of the road transport authority in relation to the register.
8	Disclosure of information in registers
The road transport authority must ensure that information in the accredited bus operators register that is of a personal nature or has commercial sensitivity for a person about whom it is kept is released only in accordance with this Act or another law in force in the Territory.
9	Trade Practices Act authorisation
For the Trade Practices Act 1974 (Cwlth) and the Competition Code of the Australian Capital Territory, the following are authorised by this Act:
	(a)	everything done under this Act;
	(b)	all service contracts made under this Act;
	(c)	everything done under a service contract, or a provision of a service contract, authorised by this Act.
Note 1 	For the Competition Code of the Australian Capital Territory, see the Competition Policy Reform Act 1996, s 5 and s 10.
Note 2	A reference to an Act includes a reference to statutory instruments made or in force under the Act, including regulations (see Legislation Act 2001, s 104).
10 	What is a public passenger service?
	A public passenger service is a service for the transport of passengers for a fare or other consideration by public passenger vehicles along a road or road related area.

Part 2—Bus Services
Division 2.1—Basic concepts
11 	Meaning of bus service
(NSW s 3, def of regular passenger service)
	A bus service is a service for the transport of passengers for a fare or other consideration by a bus along a road or road related area.
12 	What is a regular route service? 
(NSW s 3, def of regular passenger service)
	A bus service is a regular route service if it is conducted according to regular routes and timetables, but does not include—
	(a)	a bus service designed mainly to transport tourists; or
	(b)	a long-distance service.
13 	What is a tour and charter service? 
 	A bus service is a tour and charter service if the bus service is not a regular route service or a long-distance service. 
14 	What is a long-distance service? 
(NSW s 3, def of long-distance service)
	A bus service is a long-distance service if—
	(a)	it is conducted according to regular routes and timetables; and
	(b)	each passenger travels at least 40km.
Division 2.2—Accreditation of bus service operators
15 	Bus operators—purposes of accreditation (NSW s 7 (2))
 				The purpose of accreditation under the regulations to operate a bus service is to ensure that—
	(a)	the accredited person has the financial capacity to meet the service standards for the service; and
	(b)	the accredited person, and each person who is concerned with, or takes part in, the management of the service, are suitable people to operate the service; and
	(c)	the accredited person, and each person who is concerned with, or takes part in, the management of the service, have demonstrated the capacity to comply with the relevant regulations and, in particular, the regulations about—
	(i)	the safety of passengers and the public; and
	(ii)	the maintenance of public buses.
16 	Regulations about accreditation system
(1) 	The regulations are to provide a system for the accreditation of operators of bus services, including, for example—
	(a)	the kinds of accreditations; and
	(b)	the bus services that a person who holds a kind of accreditation is entitled to operate; and
	(c)	the conditions of accreditations; and
	(d)	matters relating to the giving, refusal or surrender of accreditations; and
	(e)	the action that may be taken in relation to accreditations in circumstances prescribed under the regulations, including—
	(i)	the suspension or cancellation of an accreditation; and
	(ii)	the imposition of a condition on, or the amendment of a condition of, an accreditation; and
	(iii)	an order that an accredited person pay to the Territory an amount of not more than—
	(A)	for an individual—$5,000; or
	(B)	for a corporation—$25,000; and
	(iv)	the reprimanding of an accredited person.
(2)  	The regulations may make provision in relation to the accreditation of people to operate bus services, including, for example— 
	(a)	requirements about the suitability of the applicant and each person who will be concerned with, or take part in, the management of the network; and
	(b)	capacity to meet service standards; and
	(c)	financial viability.
(3) 	For paragraph (1) (a), the regulations must provide for the accreditation of people to operate the following kinds of bus services:
	(a)	regular route services;
	(b)	tour and charter services.
(4) 	However, this section does not require the regulations to provide an accreditation system for all kinds of bus services.
Division 2.3—Service contracts for regular route services
17 	Service contracts (NSW s 16 (1), s 17, s 21 (3), (5))
(1) 	The road transport authority may, on behalf of the Territory, enter into a contract (a service contract) for the operation of a regular route service with a person accredited to operate regular route services.
(2) 	A service contract must state whether the right given under the contract to operate a route is an exclusive right to operate the route or a stated part of the route.
(3) 	A service contract may make provision for or with respect to the operation of a regular route service and the administration of the contract, including, for example—
	(a)	service requirements under the contract; and
	(b)	the transfer, suspension, cancellation and surrender of the contract; and
	(c)	the fees (if any) payable under the contract; and
	(d)	the adjustment of payments and refunds in relation to any contract fees; and
	(e)	financial or other penalties for breaches of the contract; and
	(f)	the records (including accounts) to be made and kept by the holder of the contract, how they are to be made and kept, and their inspection; and
	(g)	the provision by the holder of the contract of information and reports about the regular route service and the verification of the information and reports; and
	(h)	the publication and the collection of fares payable by passengers; and
	(i)	the sale of tickets and the conditions under which tickets must be sold; and
	(j)	free or reduced fares for travel; and
	(k)	the issue and acceptance of free or concession passes.
(4) 	Subsection (3) does not limit the matters about which a service contract may make provision.

Division 2.4—Entitlement to operate certain bus services
18 	Entitlement to operate regular route services
 	A person is entitled to operate a regular route service, within or partly within the ACT, if—
	(a)	the person is accredited under the regulations to operate regular route services; and
	(b)	the person holds a service contract for the service.
19 	Entitlement to operate tour and charter services
 	A person is entitled to operate a tour and charter service, within or partly within the ACT, if the person is accredited under the regulations to operate tour and charter services.
20 	Unaccredited operators not to operate certain bus services (NSW s 7 (1))
(1) 	A person must not operate, within or partly within the ACT, a regular route service unless the person is accredited under the regulations to operate regular route services.
Maximum penalty:  50 penalty units.
(2) 	A person must not operate, within or partly within the ACT, a tour and charter service unless the person is accredited under the regulations to operate tour and charter services.
Maximum penalty:  50 penalty units.
21 	Pretending to be accredited
 	A person must not pretend to be accredited.
Maximum penalty:  30 penalty units.
22 	Operators of regular route services to hold service contracts (NSW s 16 (3))
(1) 	A person must not operate, within or partly within the ACT, a regular route service unless the person holds a service contract for the service.
Maximum penalty:  50 penalty units.
(2) 	However, if a regular route service is discontinued because of a variation or termination of a service contract, the road transport authority may make arrangements with an appropriately accredited person to operate a temporary regular route service to replace the discontinued service even though the person does not hold a service contract for the replacement service.
Division 2.5—Regulation of bus services
23 	Regular route services—power to determine maximum fares
(1) 	The Minister may determine maximum fares, and ways of calculating maximum fares, payable by passengers on regular route services.
(2) 	A determination is a disallowable instrument.
Note	A disallowable instrument must be notified and presented to the Legislative Assembly, under the Legislation Act 2001.
24	Regulations about operation of bus services by accredited people
			The regulations may make provision in relation to the operation of bus services by accredited bus service operators, including, for example— 
	(a)	the conduct of bus services, including, for example—
	(i)	the safety of passengers and the public; and
	(ii)	the qualifications, training and experience of bus drivers and other people providing services on behalf of accredited bus service operators; and
	(iii)	maximum driving times and minimum rest times of bus drivers; and
	(iv)	insurance; and
	(v)	the issue of tickets; and
	(vi)	customer complaints and inquiries; and
	(b)	the preparation and publication of, and compliance with, timetables for regular route services; and
	(c)	the obligations of drivers of public buses and other people providing services on behalf of accredited bus service operators; and
	(d)	the requirements that public buses, and their equipment and fittings (internal and external), must comply with; and
	(e)	the maintenance and cleaning of public buses; and
	(f)	maintenance, parking and other facilities for public buses; and
	(g)	the making and keeping of records and their inspection; and
	(h)	the auditing of records and systems; and
	(i)	the provision of information and reports to the road transport authority.
25 	Regulations about operation of public buses 
	The regulations may make provision in relation to the operation of public buses, including, for example—
	(a)	the regulation or prohibition of the use of public buses on certain roads or road related areas; and
	(b)	the picking-up and dropping-off of passengers and other matters relating to the transport of passengers; and
	(c)	the records to be made and kept by drivers, how they are to be made and kept, and their inspection; and
	(d)	the transport of passengers’ luggage or other goods, and animals; and
	(e)	the regulation or prohibition of the transportation of passengers standing in or on any part of a public bus; and
	(f)	the maximum speed of public buses; and
	(g)	the prohibition of anyone from soliciting for passengers or for a hiring; and
	(h)	the design, equipment and fittings (internal or external) of public buses; and
	(i)	the sections, terminal points and bus stops on bus routes; and
	(j)	the regulation or prohibition of notices, signs and advertisements inside or on the outside of public buses.
26 	Regulations about bus drivers 
	The regulations may make provision for or with respect to drivers of public buses, including, for example—
	(a)	the powers, duties and conduct of drivers; and
	(b)	how drivers must dress.
27 	Regulations about conduct of passengers 
	The regulations may make provision for or with respect to the conduct of passengers on public buses, including, for example—
	(a)	the regulation or prohibition of eating and drinking; and
	(b)	the authority of public bus drivers, police officers and authorised people to direct people contravening a regulation to leave a bus and to remove them if they fail to leave.
28 	Regulations about enforcement 
	The regulations may make provision for or with respect to the powers and duties of police officers and authorised officers in relation to bus services, including, for example, in relation to buses, drivers of public buses and passengers.

Part 3—Miscellaneous
29 	Regulation-making power (NSW s 63 (1), (4))
(1) 	The Executive may make regulations for this Act.
Note	Regulations must be notified and presented to the Legislative Assembly, under the Legislation Act 2001.
(2) 	The regulations may create offences for contraventions of the regulations and prescribe maximum penalties of not more than 20 penalty units for offences against the regulations.
30 	Regulations may apply certain documents etc
 				The regulations may apply, adopt or incorporate (with or without change) an instrument, or a provision of an instrument, as in force from time to time.
Note 1	A statutory instrument may also apply, adopt or incorporate (with or without change) a law or instrument (or a provision of a law or instrument) as in force at a particular time (see Legislation Act 2001, s 47 (1)).
Note 2	If a statutory instrument applies, adopts or incorporates a law or instrument (or a provision of a law or instrument), the law, instrument or provision may be taken to be a notifiable instrument that must be notified under the Legislation Act 2001 (see s 47 (2)-(6)).
31 	Minister may exclude vehicles and people from Act
(1) 	The Minister may, in writing, exempt a vehicle or person from this Act (or a stated provision of this Act).
(2) 	An exemption is a disallowable instrument.
Note	A disallowable instrument must be notified and presented to the Legislative Assembly, under the Legislation Act 2001.
32 	Regulations may exclude vehicles and people from Act 
(NSW s 63 (3))
(1) 	The regulations may—
	(a)	exempt a vehicle or person, or a kind of vehicle or person, prescribed under the regulations from this Act (or a stated provision of this Act); or
	(b)	authorise the road transport authority to exempt a vehicle or person, or a kind of vehicle or person, prescribed under the regulations from this Act (or a stated provision of this Act).
(2) 	An exemption given under a regulation mentioned in subsection (1) may be conditional.
(3) 	The regulations may provide for the road transport authority to—
	(a)	suspend the operation of a regulation mentioned in paragraph (1) (a) in the way and circumstances prescribed under the regulations; or
	(b)	suspend the operation of an exemption given by the authority to a vehicle or person in the way and circumstances prescribed under the regulations.

Part 4—Transitional Provisions
Division 4.1—General
33 	Definitions for pt 4
	In this Part—
bus operator’s licence—see the General Act, subsection 138 (1).
bus service licence—see the General Act, subsection 142 (1). 
commencement means the commencement of this Part.
General Act means the Road Transport (General) Act 1999. 
Motor Omnibus Act means the Motor Omnibus Services Act 1955.
motor omnibus service means a motor omnibus service conducted under the Motor Omnibus Act.
34 	Transitional regulations
(1) 	The regulations may prescribe savings or transitional matters necessary or convenient to be prescribed because of the enactment of this Act.
(2) 	Without limiting the scope of subsection (1), the regulations may prescribe matters necessary or convenient to be prescribed for carrying out or giving effect to the provisions of this Act.
(3) 	Regulations made for this section must not be taken to be inconsistent with—
	(a)	this Act as far as they can operate concurrently with this Act; or
	(b)	any other provision of the road transport legislation as far as they can operate concurrently with the provision.
(4) 	This section is additional to, and does not limit, section 35.
35 	Modification of pt 4’s operation
	The regulations may modify the operation of this Part to make provision with respect to any matter that is not, or not adequately, dealt with in this Part.
36 	Expiry of div 4.1
	This Division expires 18 months after it commences.
Division 4.2—Bus services under Motor Omnibus Act
37 	Existing bus services operated under the Motor Omnibus Act
(1) 	The section applies to motor omnibus services conducted under the Motor Omnibus Act immediately before the commencement.
(2) 	The Minister is taken, after the commencement—
	(a)	to be accredited under the regulations to operate regular route services; and
	(b)	to hold a service contract with the road transport authority for the operation of the motor omnibus services mentioned in 
subsection (1) as regular route services.
(3) 	The contract the Minister is taken to hold under paragraph (2) (b) may be varied or ended by the road transport authority.
(4) 	Without limiting subsection (3), the contract may be varied to give the Minister an exclusive right to operate a route or a stated part of a route.
(5) 	The accreditation and, if the contract has not been ended under subsection (3), the contract expire 12 months after this section commences.
(6) 	For paragraph (2) (b), subsection 17 (2) (Service contracts) does not apply to the contract.
38 	Fares, concession cards and refunds under Motor Omnibus Act
(1) 	A determination under section 4 of the Motor Omnibus Act in force immediately before the commencement continues to apply, after the commencement, in relation to the bus services mentioned in section 37 despite the repeal of the Act.
(2) 	A notification of a class of concession cards or documents under 
paragraph 4BA (2) (a) of the Motor Omnibus Act in force immediately before the commencement continues to apply, after the commencement, in relation to the bus services mentioned in section 37 despite the repeal of the Act.
(3) 	The Minister may make arrangements for the refund of tickets sold for travel on a bus service mentioned in section 37.
39 	Expiry of div 4.2
	This Division expires 12 months after it commences.
Division 4.3—Infringement notices under
Motor Omnibus Act
40 	Existing infringement notices
 	An infringement notice served on a person in accordance with section 12 (Infringement notices) of the Motor Omnibus Act is taken, after the commencement, to be an infringement notice served on the person in accordance with section 24 (Service of infringement notices generally) of the General Act.
41 	Existing final notices
 	A final notice served on a person in accordance with section 13 (Final infringement notices) of the Motor Omnibus Act is taken, after the commencement, to be a reminder notice served on a person in accordance with section 33 (Reminder notices) of the General Act.
42 	Existing notices disputing liability under infringement notices
 	An application lodged by a person in accordance with section 16 of the Motor Omnibus Act is taken, after the commencement, to be a notice given by the person in accordance with section 51 (Disputing liability for an infringement notice offence) of the General Act.
43 	Existing applications for extension of time
 	An application lodged by a person in accordance with section 18 of the Motor Omnibus Act is taken, after the commencement, to be an application given by the person in accordance with section 52 (Extension of time to dispute liability) of the General Act.
44 	Suspension of concession card in force under Motor Omnibus Act
(1) 	The suspension of a concession card under section 4BB of the Motor Omnibus Act continues, after the commencement, in relation to the bus services mentioned in section 37 (Existing bus services operated under the Motor Omnibus Act), despite the repeal of the Act, until—
	(a)	the amounts payable under the infringement notice are paid; or
	(b)	the institution of a proceeding to prosecute the person for the offence.
(2) 	A person whose concession card was suspended under section 4BB of the Motor Omnibus Act is not entitled to apply for the issue of another concession card while the suspension is in force.
45 	Expiry of div 4.3
	This Division expires 6 months after it commences.
Division 4.4—Bus operator’s licences 
46 	Existing bus operator’s licences
(1) 	This section applies to a person who, immediately before the commencement, was the holder of—
	(a)	a bus operator’s licence (including a licence that is taken under section 271 of the General Act to be a bus operator’s licence); or
	(b)	if the person operates a bus service designed mainly to transport tourists—a bus service licence.
(2) 	The person is taken, after the commencement, to be accredited under the regulations to operate a tour and charter service.
(3) 	The accreditation the person is taken to hold under subsection (2) may be varied or ended by the road transport authority in accordance with the regulations.
(4) 	If the accreditation the person is taken to hold under subsection (2) has not been ended in accordance with the regulations, the accreditation expires 12 months after this section commences.
47 	Expiry of div 4.4
	This Division expires 12 months after it commences.
Division 4.5—Bus service licences
48 	Existing bus service licences
(1) 	This section applies to a person (other than a person who operates a bus service designed mainly to transport tourists) who, immediately before the commencement, was the holder of a bus service licence (including a licence that is taken under section 274 of the General Act to be a bus service licence).
(2) 	The person is taken, after the commencement—
	(a)	to be accredited under the regulations to operate a regular route service; and 
	(b)	to hold a service contract for the operation of the service as a regular route service.
(3) 	If the bus service licence held by the person was issued subject to conditions, the accreditation the person is taken to hold under 
paragraph (2) (a) is taken to be subject to the conditions.
(4) 	The accreditation the person is taken to hold under paragraph (2) (a) may be varied or ended by the road transport authority in accordance with the regulations.
(5) 	If the accreditation the person is taken to hold under 
paragraph (2) (a) has not been ended in accordance with the regulations, the accreditation expires 12 months after this section commences.
(6) 	The contract the person is taken to hold under paragraph (2) (b) may be varied or ended by agreement between the road transport authority and the person.
(7) 	If the contract the person is taken to hold under 
paragraph (2) (b) has not been ended in accordance with subsection (6), the contract expires 12 months after this section commences.
49 	Expiry of div 4.5
	This Division expires 12 months after it commences.
Division 4.6—Small buses
50 	Existing small buses
(1) 	This section applies to a person who, immediately before the commencement, operated a registered vehicle built mainly to carry people that seated up to 9 adults (including the driver) and had a distinguishing registration number with the letters ‘MO’ followed by 1 to 3 numerals.
(2) 	The person is taken, after the commencement, to be accredited under the regulations to operate a tour and charter service.
(3) 	The accreditation the person is taken to hold under subsection (2) may be varied or ended by the road transport authority in accordance with the regulations.
(4) 	If the accreditation the person is taken to hold under 
subsection (2) has not been ended in accordance with the regulations, the accreditation expires 18 months after it commences.
51 	Expiry of div 4.6
	This Division expires 18 months after it commences.

Part 5	Repeals and consequential amendments
52	Repeals
	(1)	The Motor Omnibus Services Act 1955 is repealed.
	(2)	The following subordinate laws are repealed:
	(a)	the Motor Omnibus Services Regulations SL 1955 No 14;
	(b)	the Road Transport (Bus Services) Regulations 2000 
SL 2000 No 9.
	(3)	If this section commences before the commencement of the Legislation Act 2001, section 18 (ACT legislation register), the Road Transport Legislation Amendment Act 2001 is repealed.
53	Schedule 1
Schedule 1 amends the Acts and subordinate laws mentioned in that schedule.
54	Expiry of pt 5 and schedule 1
This part and schedule 1 expire on 31 December 2001.

Schedule 1	Consequential amendments
(see s 52)
Part 1.1	Magistrates Court Act 1930
	Section 116AA (2), definition of road transport legislation, paragraphs (d) to (g)
renumber as paragraphs (e) to (h)
	Section 116AA (2), definition of road transport legislation, new paragraph (d)
insert
	(d)	the Road Transport (Public Passenger Services) Act 2001;
	Section 116AA (2), definition of road transport legislation, paragraph (g)
omit
	(f)
substitute
	(g)
Part 1.2	Road Transport (Alcohol and Drugs) Act 1977
	Part 1, note
after
		the Road Transport (General) Act 1999,
insert
		the Road Transport (Public Passenger Services) Act 2001,
	Section 4B (1) (f) (iv)
substitute
	(iv)	a public vehicle within the meaning of the Road Transport (General) Act 1999, section 158;
Part 1.3	Road Transport (Dimensions and Mass) Act 1990
	Part 1, note
after
	the Road Transport (General) Act 1999,
insert
		the Road Transport (Public Passenger Services) Act 2001,
Part 1.4	Road Transport (Driver Licensing) Act 1999
	Part 1, note
after
the Road Transport (General) Act 1999,
insert
the Road Transport (Public Passenger Services) Act 2001,
	Section 4, note 1
omit all the words after 
For example,
substitute
the signpost definition ‘public vehicle—see the Road Transport (General) Act 1999, section 158.’ means the expression ‘public vehicle’ is defined in 
section 158 of that Act and the definition applies to this Act
	Dictionary, definition public vehicle
substitute
	public vehicle—see the Road Transport (General) Act 1999, 
section 158.
Part 1.5	Road Transport (General) Act 1999
	Part 1, note
after
the Road Transport (Driver Licensing) Act 1999,
insert
the Road Transport (Public Passenger Services) Act 2001,
	Section 6
insert
	(da)	the Road Transport (Public Passenger Services) Act 2001;
	Section 6
renumber paragraphs when Act next republished under Legislation Act 2001
	Section 100, definition of private hire car 
omit
bus
substitute
public bus
	Section 100, definition of public vehicle
omit
bus,
	Section 100, definition of restricted hire vehicle
omit
bus
substitute
public bus
	Section 100, definition of taxi
omit
bus
substitute
public bus
	Section 100, definitions of bus, bus operator’s licence, bus service licence, visiting bus and visiting bus operator’s licence
omit
	Divisions 9.6 to 9.8
omit
	Section 155
omit
A person
substitute
	(1)	A person
			Section 155
insert
	(2)	This section does not apply to a public bus.
	Section 156
		omit
		, bus operator’s licence
	Section 158
insert
	public vehicle means a private hire car, public bus, restricted hire vehicle, restricted taxi or taxi. 
	Dictionary, definitions of bus, bus operator’s licence, bus service licence, visiting bus and visiting bus operator’s licence
omit
	Dictionary, definition of public vehicle
substitute
public vehicle— 
	(a)	for part 9 (Public vehicles)—see section 100; and
	(b)	for part 10 (Compulsory vehicle insurance)—see section 158.
	Dictionary, new definition of public bus
insert
public bus—see the Road Transport (Public Passenger Services) Act 2001, dictionary.
Part 1.6	Road Transport (Safety and Traffic Management) Act 1999
	Part 1, note
after
the Road Transport (General) Act 1999,
insert
the Road Transport (Public Passenger Services) Act 2001,
Part 1.7	Road Transport (Vehicle Registration) Act 1999
	Part 1, note
after
the Road Transport (General) Act 1999,
insert
the Road Transport (Public Passenger Services) Act 2001,
Part 1.8	Victims of Crime (Financial Assistance) Act 1983
	Section 66 (3), definition of infringement notice, paragraph (d)
omit
, the Motor Omnibus Services Act 1955
Part 1.9	Dangerous Goods Regulations 1978
	Regulation 14 (8) (b) (vii) to (ix)
renumber as paragraphs 14 (8) (b) (viii) to (x)
	Regulation 14 (8), new paragraph (b) (vii)
insert
	(vii)	the Road Transport (Public Passenger Services) Act 2001; or
	Regulation 14 (8) (b) (ix)
omit
(viii)
substitute
(ix)
Part 1.10	Road Transport (Driver Licensing) Regulations 2000
	Dictionary, definitions of public bus and public vehicle
substitute
public bus—see the Road Transport (Public Passenger Services) Act 2001, dictionary.
public vehicle—see the Road Transport (General) Act 1999, 
section 158.
	Dictionary, definition of public vehicle regulations, 
paragraphs (a) and (b)
substitute
	(a)	the Road Transport (Hire Vehicle Services) Regulations 2000;
	(b)	the Road Transport (Public Passenger Services) Regulations 2001;
Part 1.11	Road Transport (General) Regulations 2000
	Regulation 14 (1) (e) and (f)
after
a driving instructor’s accreditation
insert
or accreditation to operate a bus service
					Regulation 14 (3) (d)
omit
if the driving instructor surrenders the accreditation
substitute
or accreditation to operate a bus service if the accreditation is surrendered
	Regulation 16 (1) (b)
after
driving instructor’s accreditation
insert
or accreditation to operate a bus service
	Dictionary, new definition of bus service
insert
bus service—see the Road Transport (Public Passenger Services) Act 2001, dictionary. 
Part 1.12	Road Transport (Safety and Traffic Management) Regulations 2000
		Regulation 33 (1), definition of public bus
substitute
public bus—see the Road Transport (Public Passenger Services) Act 2001, dictionary.
	Regulation 57A (1) (b)
substitute
	(b)	is stopping for a regular route service.
	Regulation 57A (3) (c)
substitute
	(c)	is stopping for a regular route service.
					Regulation 57A (4)
insert
 regular route service—see the Road Transport (Public Passenger Services) Act 2001, section 9 (What is a regular route service?).
	Dictionary, definition of public bus
substitute
public bus—see the Road Transport (Public Passenger Services) Act 2001, dictionary.

	DICTIONARY	(See s 4)
accredited, in relation to a person, means accredited under the regulations to operate a bus service.
accredited bus operators register means the register required to be kept under paragraph 6 (b) (Functions of road transport authority).
another jurisdiction means a jurisdiction other than the ACT.
authority—see road transport authority. 
bus means a motor vehicle built mainly to carry people that seats over 9 adults (including the driver).
bus service—see section 11 (Meaning of bus service).
fare means the amount payable by passengers for transport, or for the transport of passengers’ luggage or other goods, on public passenger vehicles. 
function includes power. 
holder, of a service contract, means the person who (apart from the road transport authority) is a party to the contract.
jurisdiction means a State, the Commonwealth or an internal Territory, including the ACT. 
long-distance service—see section 14 (What is a long-distance service?)
motor vehicle means a vehicle built to be propelled by a motor that forms part of the vehicle. 
public bus means a bus used to provide a bus service.
public passenger service—see section 10 (What is a public passenger service?)
public passenger vehicle means a bus.
regular route service—see section 12 (What is a regular route service?).
road means an area that is open to or used by the public and is developed for, or has as 1 of its main uses, the driving or riding of motor vehicles, but does not include an area that would otherwise be a road so far as an order under section 15 (Power to include or exclude areas in road transport legislation) of the Road Transport (General) Act 1999 declares that this Act does not apply to the area.
road related area means—
	(a)	an area that divides a road; or
	(b)	a footpath or nature strip adjacent to a road; or
	(c)	an area that is open to the public and is designated for use by cyclists or animals; or
	(d)	an area that is not a road and that is open to or used by the public for driving, riding or parking vehicles; or
	(e)	a shoulder of a road; or
	(f)	any other area that is open to or used by the public so far as an order under section 15 (Power to include or exclude areas in road transport legislation) of the Road Transport (General) Act 1999 declares that this Act applies to the area;
	but does not include an area that would otherwise be a road related area so far as an order under that section declares that this Act does not apply to the area.
road transport authority (or authority) means the Australian Capital Territory Road Transport Authority.
Note 	The chief executive of the department responsible for the Road Transport (General) Act 1999 is the road transport authority (see Road Transport (General) Act 1999, s 16).
service contract—see section 17 (Service contracts).
tour and charter service—see section 13 (What is a tour and charter service?)
vehicle means—
	(a)	any description of vehicle on wheels, other than a vehicle used on railways or tramways; or
	(b)	any other vehicle prescribed under the regulations;
and includes anything else that, under the regulations, is to be treated as a vehicle.

Endnote
Penalty units
Section 33AA of the Interpretation Act 1967 deals with the meaning of offence penalties that are expressed in penalty units. 
[Presentation speech made in Assembly on 7 September 2000]

© Australian Capital Territory 2001