Australian Capital Territory
Motor Omnibus Services Act 1955
A1955-12
Republication No 1A
Effective:  29 November 1994 – 14 June 1995
Republication date: 21 November 2012
Last amendment made by A1994-81

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Motor Omnibus Services Act 1955 effective 29 November 1994 to 14 June 1995.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.

Australian Capital Territory

motor omnibus services act 1955
As at 29 November 1994
TABLE OF PROVISIONS
Section
	1.	Short title
	2.	Interpretation
	3.	Minister may establish motor omnibus services
	4.	Power of Minister to determine charges
	4A.	Section signs and stopping places
	4B.	Sale of tickets
	4C.	Offences—use of tickets
	4D.	Section signs and bus stop signs deemed to have been erected with authority
	4E.	Refunds
	5.	Appointment of inspectors
	7.	Regulations

An Act relating to Motor Omnibus Services
Short title
1.  This Act may be cited as the Motor Omnibus Services Act 1955.1
Interpretation
2.  (1)  In this Act, unless the contrary intention appears—

“bus stop sign” means a sign the painting or marking of which has been, or is to be deemed to have been, authorized by paragraph 4A (1) (b);
“child” means a person who has not attained the age of 15 years;
“fare” means a charge determined under subsection 4 (1) for travel on a motor omnibus;
“holiday” means a day that is, pursuant to the Holidays Act 1958, to be observed as a public holiday in the Territory;
“inspector” means a person appointed as an inspector under section 5;
“journey” means a journey on an omnibus;
“motor omnibus service” means a motor omnibus service established or deemed to have been established under this Act;
“motor omnibus” or “omnibus” means a motor omnibus employed in a motor omnibus service;
“section sign” means a sign the painting or marking of which has been, or is to be deemed to have been, authorized under paragraph 4A (1) (a);
“school student” means a person attending as a full-time student a primary school, a secondary school or a secondary college;
“stopping place” means a place at which there is a bus stop sign;
“ticket” means a ticket issued pursuant to a determination made by the Minister under section 4.
(2)  For the purposes of this Act, the regulations and a determination made by the Minister under section 4, a ticket or book of tickets purchased by a person for or on behalf of another person shall be deemed to have been purchased by that other person.
Minister may establish motor omnibus services
3.  (1)  The Minister may establish, maintain and conduct such motor omnibus services within the Australian Capital Territory as he deems necessary.
(2)  The motor omnibus services maintained and conducted by the Minister at the commencement of this Act shall be deemed to have been established under this Act.
Power of Minister to determine charges
4.  (1)  The Minister may, by notice in writing published in the Gazette, determine charges for the purposes of this Act.
(2)  Charges determined under subsection (1) shall be charges for travel on a motor omnibus.
(3)  In a determination under subsection (1) the Minister may determine different charges with respect to different classes of persons and different journeys or classes of journeys.
Section signs and stopping places
4A.  (1)  The Minister may, for the purposes of this Act—
	(a)	authorize the painting or marking on a shed, post or notice board placed, by the authority of the Minister, at the side of a road on a route taken by an omnibus of a sign, in a form approved by the Minister, bearing the word “Section”, whether with or without any other words; and
	(b)	authorize the painting or marking on a shed, post or notice board placed, by the authority of the Minister, at the side of a road on a route taken by an omnibus of a sign, in a form approved by the Minister, bearing the words “Bus Stop” or “Signal Bus”, whether with or without any other words.
(2)  Where—
	(a)	immediately, before the commencement of this section, a sign consisting of the word “Section” is painted or marked on a shed, post or notice board placed at the side of a road on a route taken by an omnibus; and
	(b)	the sign is in a form approved by the Minister for the purposes of paragraph (1) (a),
the painting or marking of the sign shall be deemed to have been authorized by the Minister under that paragraph.
(3)  Where—
	(a)	immediately before the commencement of this section, a sign consisting of the words “Bus Stop” or “Signal Bus” is painted or marked on a shed, post or road on a route taken by an omnibus; and
	(b)	the sign is in a form approved by the Minister for the purposes of paragraph (1) (b),
the painting or marking of the sign shall be deemed to have been authorized by the Minister under that paragraph.
(4)  The Minister shall not authorize the placing of any 2 successive section signs on any route taken by an omnibus if the distance between them will be less than 7 kilometres.
(6)  Except on a road, or part of a road, specified in the regulations, the Minister shall not give an authority for the placing of a section sign elsewhere than at a stopping place.
(7)  Where a road or part of a road forms part of the route taken by omnibuses engaged in 2 or more services under this Act, the Minister may, in giving an authority under subsection (1) for the placing of a sign on that road or part of that road, direct that the sign shall include an indication with respect to the service or services for which it is a section sign or a bus stop sign, as the case requires, and, where a sign includes such an indication, the sign is a section sign or a bus stop sign, as the case requires, only for the service or services so indicated.
Sale of tickets
4B.  The Minister may make arrangements for the sale of tickets for use in connection with motor omnibus services.
Offences—use of tickets
4C.  (1)  A person shall not, for the purpose of avoiding payment of a fare for a journey, produce to the driver or inspector of the motor omnibus a ticket—
	(a)	on a day—
	(i)	other than the day; or
	(ii)	that is not within the period,
to which the ticket is expressed to be applicable; or
	(b)	not being a ticket purchased by the person.
(2)  A person shall not, for the purpose of avoiding payment of a fare for a journey, tender to the driver or inspector of the motor omnibus a ticket taken from a book of tickets, not being a book of tickets purchased by the person.
Penalty:  $50.
Section signs and bus stop signs deemed to have been erected with authority
4D.  Unless the contrary is proved—
	(a)	evidence in any proceedings that a sign consisting of the word “Section” is painted or marked on a shed, post or notice board placed at the side of a road on the route taken by omnibuses engaged in an omnibus service under this Act is evidence that the sign is a section sign, that the sign is in a form approved by the Minister and that the shed, post or notice board on which it is painted or marked has been placed at that place by the authority of the Minister;
	(b)	evidence in any proceedings that a sign consisting of the words “Bus Stop” or the words “Signal Bus” painted or marked on a shed, post or notice board placed at the side of a road on the route taken by omnibuses engaged in a omnibus service under this Act is evidence that the place where the sign is so painted or marked is a stopping place, that the sign is in a form approved by the Minister and that the shed, post or notice board on which it is painted or marked has been placed at that place by the authority of the Minister; and
	(c)	evidence in any proceedings that a sign referred to in paragraph (a) or (b) includes an indication with respect to the omnibus service or services for which it is a section sign or bus stop sign, as the case requires, is evidence that that sign includes that indication at the direction of the Minister.
Refunds
4E.  (1)  In this section—
“period ticket”means a ticket sold pursuant to an arrangement made under section 4B, being a ticket that entitles a person to travel on a motor omnibus on a day or during a period to which the ticket is expressed to be applicable;
“whole day”means a period of 24 hours.
(2)  Subject to subsection (3), where—
	(a)	a person has purchased a period ticket; and
	(b)	motor omnibus services were not conducted on any 2 or more whole days (whether consecutive or not) during the period to which that ticket is expressed to be applicable,
that person is entitled to a refund from the Territory of an amount that bears the same proportion to the price paid for that ticket as the number of whole days on which motor omnibus services were not conducted during the period bears to the number of whole days in the period.
(3)  For the purposes of subsection (2), in calculating the number of whole days on which motor omnibus services were not conducted, a day (being a day referred to in subparagraph 3 (1) (a) (i), (iii) or (viii) of the Holidays Act 1958) that was observed as a public holiday in the Territory shall not be taken into account.
Appointment of inspectors
5.  (1)  The Minister may appoint such inspectors as are necessary for the purposes of this Act.
Regulations
7.  The Executive may make regulations, not inconsistent with this Act, prescribing all matters which are by this Act required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in particular for prescribing matters for or in relation to—
	(b)	the conduct of drivers and conductors employed on a motor omnibus service;
	(c)	the conditions under which passengers are carried on any such service;
	(ca)	the behaviour of passengers in, and of persons intending to enter, an omnibus; and
	(d)	the imposition of penalties not exceeding $100 for breaches of the regulations.

NOTE
1.	The Motor Omnibus Services Act 1955 was originally the Commonwealth Motor Omnibus Services Ordinance 1955.  It was renamed by the Motor Omnibus Services Ordinance 1973 Ord1973-52 (see s 1). The Motor Omnibus Services Act 1955 as shown in this reprint comprises Act No. 12, 1955 amended as indicated in the Tables below.
	Citation of Laws—The Self-Government (Citation of Laws) Act 1989 (No. 21, 1989) altered the citation of most Ordinances so that after Self-Government day they are to be cited as Acts.  That Act also affects references in ACT laws to Commonwealth Acts.
Table 1
Table of Ordinances
Ordinance	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Commonwealth Motor Omnibus Services Ordinance 1955	12, 1955	15 Dec 1955	15 Dec 1955		
Ordinances Revision Ordinance  1959	21, 1959	23 Dec 1959	31 Dec 1959	—	
Commonwealth Motor Omnibus Services Ordinance 1964	21, 1964	5 Nov 1964	5 Nov 1964	—	
Ordinances Revision (Decimal Currency) Ordinance 1966	19, 1966	23 Dec 1966	23 Dec 1966	—	
	as 
amended
by
36, 1967	

30 Nov 1967	

23 Dec 1966	

—	
Commonwealth Motor Omnibus Services Ordinance 1970	42, 1970	29 Oct 1970	Ss. 1, 2 and 6: 29 Oct 1970 Remainder: 16 Nov 1970 (see Gazette 1970, 
p. 7530)	S. 6	
Commonwealth Motor Omnibus Services Ordinance 1972	32, 1972	5 Oct 1972	5 Oct 1972	—	
Motor Omnibus Services Ordinance 1973	52, 1973	19 Dec 1973	19 Dec 1973	—	
Motor Omnibus Services Ordinance 1974	11, 1974	11 Apr 1974	11 Apr 1974	—	
Motor Omnibus Services Ordinance 1975	42, 1975	10 Nov 1975	10 Nov 1975	—	
Motor Omnibus Services (Amendment) Ordinance 1976	41, 1976	9 Sept 1976	Ss. 2, 3, 6, 8 (2) and 10: 9 Sept 1976 
Remainder: 13 Sept 1976	Ss. 10 and 11	
Motor Omnibus Services (Amendment) Ordinance 1977	2, 1977	2 Feb 1977	2 Feb 1977	S. 3 (2)-(5)	
Motor Omnibus Services (Amendment) Ordinance (No. 2) 1977	25, 1977	1 July 1977	1 July 1977	—	
Motor Omnibus Services (Amendment) Ordinance 1978	22, 1978	16 Aug 1978	Ss. 5, 6, 7 (2) and 8: 1 Sept 1978 
Remainder: 16 Aug 1978	Ss. 9 and 10	
Motor Omnibus Services (Amendment) Ordinance 1981	17, 1981	30 June 1981	30 June 1981	S. 4	
Motor Omnibus Services (Amendment) Ordinance (No. 2) 1981	25, 1981	11 Sept 1981	11 Sept 1981	—	
Motor Omnibus Services (Amendment) Ordinance (No. 3) 1981	44, 1981	17 Nov 1981	1 July 1981	—
	
Motor Omnibus Services (Amendment) Ordinance 1983	13, 1983	22 July 1983	22 July 1983	—	
Motor Omnibus Services (Amendment) Ordinance 1985	53, 1985	1 Oct 1985	1 Oct 1985	—	
Motor Omnibus Services (Amendment) Ordinance (No. 2) 1985	54, 1985	1 Oct 1985	1 Oct 1985	—	
Limitation Ordinance 1985	66, 1985	19 Dec 1985	19 Dec 1985	—	
Motor Omnibus Services (Amendment) Ordinance 1986	48, 1986	22 Aug 1986	22 Aug 1986	—	
Motor Omnibus Services (Amendment) Ordinance 1988	12, 1988	9 Mar 1988	9 Mar 1988	—	
Self-Government (Consequential Amendments) Ordinance 1989	38, 1989	10 May 1989	Ss. 1 and 2: 10 May 1989 Remainder: 11 May 1989 (see s. 2 (2) and Gazette 1989, No. S164)
	—	
Self-Government day 11 May 1989

Table 2
Table of Acts
Act	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Statute Law Revision (Penalties) Act 1994	81, 1994	29 Nov 1994	Ss. 1 and 2:  29 Nov 1994
Remainder:  29 Nov 1994 (see Gazette 1994, No. S269, p. 2)
	—	

Table of Amendments
ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision	How affected

Title	am. No. 52, 1973
S. 1	am. No. 52, 1973
S. 2	am. No. 42, 1970; No. 32, 1972; No. 52, 1973; No. 11, 1974; No. 41, 1976; No. 2, 1977; No. 22, 1978; No. 25, 1981; No. 13, 1983; No. 54, 1985; No. 48, 1986; No. 38, 1989
S. 3A	ad. No. 52, 1973
	rep. No. 48, 1986
S.4	am. No. 21, 1959
	rep. No. 21, 1964
	ad. No. 42, 1970
	am. No. 52, 1973; No. 2, 1977
	rs. No. 48, 1986
S. 4A	ad. No. 42, 1970
	am. No. 32, 1972; No. 42, 1975; No. 41, 1976; No. 2, 1977
S. 4B	ad. No. 42, 1970
	rs. No. 48,1986
S. 4BA	ad. No. 11, 1974
	am. No. 41, 1976; No. 25, 1977
	rs. No. 22, 1978
	am. Nos. 53 and 54, 1985
	rep. No. 48, 1986
S. 4BB	ad. No. 41, 1976
	rep. No. 25, 1977
	ad. No. 25, 1981
	am. No. 13, 1983; No. 53, 1985
	rep. No. 48, 1986
S. 4C	ad. No. No. 42, 1970
	am. No. 52, 1973; No. 41, 1976; No. 22, 1978; No. 53, 1985
	rs. No. 48, 1986
	am. Act No. 81, 1994
S. 4CA	ad. No. 41, 1976
	am. Nos. 2 and 25, 1977
	rs. No. 22, 1978
	am. No. 53, 1985
	rep. No. 48, 1986
S. 4CB	ad. No. 41, 1976
	rs. No. 22, 1978
	am. No. 25, 1981; No. 13, 1983; No. 53, 1985
	rep. No. 48, 1986
 S. 4CC	ad. No. 41,1976
	am. Nos. 2 and 25, 1977; No. 22, 1978; No. 25, 1981
	rep. No. 48, 1986
S. 4CD	ad. No. 53, 1985
	rep. No. 48, 1986
S. 4D	ad. No. 42, 1970
	rs. No. 32, 1972
	am. No. 2, 1977
S. 4E	ad. No. 44, 1981
	am. No. 48, 1986; No. 38, 1989
S. 5	am. No. 48, 1986; No. 12, 1988
S. 6	am. No. 52, 1973; No. 2, 1977
	rep. No. 66, 1985
S. 7	am. No. 19, 1966 (as am. by No. 36, 1967); No. 42, 1970; No. 52, 1973; No. 2, 1977; No. 17, 1981; No. 38, 1989

©  Australian Capital Territory 2012