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Transport Operations (Passenger Transport) Regulation 2018
1Short title
This regulation may be cited as the Transport Operations (Passenger Transport) Regulation 2018.
2Commencement
This regulation commences on 1 September 2018.
3Definitions
The dictionary in schedule 9 defines particular words used in this regulation.
4Definitions for part
In this part—
accreditation requirements means the requirements under the Act about granting or renewing operator accreditation.
Example of an accreditation requirement—
a requirement about training under section 18B
prescribed operator accreditation requirement means a requirement about operator accreditation under division 3A, subdivision 3 or 4.
relevant associate, of a person, means—
(a)
if the person is a corporation—an executive officer of the person; or
(b)
if the person is a member of a partnership—another member of the partnership.
5Purpose of part
The purpose of this part is to provide for matters about operator accreditation for chapter 3 of the Act.
6Application for grant or renewal
(1)
A person may apply to the chief executive for the grant or renewal of operator accreditation to provide a public passenger service of a particular kind.
(2)
The application must be made in the approved form.
(3)
An application may be made jointly by 2 or more persons.
7Deciding application
After receiving an application under section 6, the chief executive must consider it and decide—
(a)
if the applicant complies with all of the accreditation requirements—to grant or renew the operator accreditation; or
(b)
if the applicant does not comply with all of the accreditation requirements, to—
(i)
grant provisional operator accreditation under section 8; or
(ii)
refuse the application under section 9.
8Provisional operator accreditation—Act, s 18
(1)
The chief executive may grant operator accreditation to a person on a provisional basis (provisional operator accreditation)—
(a)
if the person complies with some, but not all, of the accreditation requirements; or
(b)
while the criminal history of the person, or a relevant associate of the person, is being checked.
(2)
A grant under subsection (1)(a) may be subject to a condition about the person complying with all of the accreditation requirements within a stated period.
(3)
If, before the end of the term stated in a provisional operator accreditation, the chief executive is satisfied the applicant complies with all of the accreditation requirements, the chief executive may grant to the applicant the operator accreditation for which the applicant applied.
9Refusal of operator accreditation—Act, s 17
(1)
The chief executive may refuse to grant or renew operator accreditation if—
(a)
the applicant, or a relevant associate of the applicant, has been convicted of a disqualifying offence; or
(b)
the applicant, or a relevant associate of the applicant, has been charged with a disqualifying offence and the charge has not been dealt with; or
(c)
the applicant has not complied with—
(i)
all of the accreditation requirements; or
(ii)
if the applicant has been granted provisional operator accreditation under section 8—a condition of the provisional operator accreditation; or
(d)
the applicant has not complied, or is not complying, with a prescribed operator accreditation requirement applying to the operator accreditation; or
(e)
the chief executive is satisfied—
(i)
if the applicant has a safety duty under chapter 6A, part 2 of the Act—the applicant has contravened, or is contravening, the duty and the contravention exposes an individual, or class of individuals, to a risk of death or serious injury or illness; or
(ii)
the applicant has contravened, or is contravening, section 67ZC of the Act and the contravention exposes an individual, or class of individuals, to a risk of death or serious injury or illness; or
(f)
the chief executive considers the applicant, or a relevant associate of the applicant, has engaged in conduct that has—
(i)
damaged the reputation of public passenger services or holders of operator accreditation; or
(ii)
adversely affected the high quality operation of public passenger services as mentioned in section 11 of the Act.
Example for subparagraph (ii)—
the applicant has contravened a written direction given to the applicant under section 67ZH(2) of the Act without reasonable excuse
(2)
Also, the chief executive may—
(a)
refuse to grant operator accreditation if an operator accreditation previously granted to the applicant has been cancelled or suspended; or
(b)
refuse to renew operator accreditation if the operator accreditation, or an operator accreditation previously granted to the applicant, has been cancelled or suspended.
(3)
If the chief executive refuses to grant or renew an operator accreditation under this section, the chief executive must give the applicant a regulation notice about the decision.
10Term
(1)
An operator accreditation is for a term, stated in the operator accreditation, of not more than 5 years.
(2)
An operator accreditation may be renewed for successive terms of not more than 5 years.
11Definition for division
In this division—
proposed action see section 13.
12Grounds for amendment, suspension or cancellation—Act, s 20
(1)
The chief executive may amend, suspend or cancel a person’s operator accreditation if—
(a)
the person, or a relevant associate of the person, is convicted of a disqualifying offence; or
(b)
the person, or a relevant associate of the person, has not complied, or is not complying, with a prescribed operator accreditation requirement applying to the operator accreditation; or
(c)
the chief executive is satisfied the person—
(i)
if the person has a safety duty under chapter 6A, part 2 of the Act—has contravened, or is contravening, the duty, and the contravention exposes an individual, or class of individuals, to a risk of death or serious injury or illness; or
(ii)
has contravened, or is contravening, section 67ZC of the Act and the contravention exposes an individual, or class of individuals, to a risk of death or serious injury or illness.
(2)
Without limiting subsection (1), an amendment may change the term of the person’s operator accreditation.
(3)
Also, the chief executive may suspend or cancel a person’s operator accreditation if the chief executive considers the person, or a relevant associate of the person, has engaged in conduct that has—
(a)
damaged the reputation of public passenger services or holders of operator accreditation; or
(b)
adversely affected the high quality operation of public passenger services as mentioned in section 11 of the Act.
Example for paragraph (b)—
a person has contravened a written direction given to the person under section 67ZH(2) of the Act without reasonable excuse
