Passenger Transport Act 2014

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 service conducted according to one or more regular routes, in which each passenger is transported for a distance of not less than 40 kilometres,

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—

any passenger service contract or other agreement containing a provision authorised by this section or giving effect to a provision of this section,

the entering or making of any such contract or agreement,

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.