s 1Purpose
The purpose of this Act is to implement a system of service contracts for certain types of bus services and to provide for the service standards that are to apply in the provision of those bus services and other bus services.
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Bill homepage (legislation.vic.gov.au)The purpose of this Act is to implement a system of service contracts for certain types of bus services and to provide for the service standards that are to apply in the provision of those bus services and other bus services.
This Part comes into operation on the day on which this Act receives the Royal Assent.
Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
If a provision referred to in subsection (2) does not come into operation within the period of 6 months beginning on, and including, the day on which this Act receives the Royal Assent, it comes into operation on the first day after the end of that period.
In this Act—
S. 3(1) def. of accredited person repealed by No. 13/2009 s. 82(1)(a).
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S. 3(1) def. of bus amended by Nos 106/1997 s. 28(a), 69/2007 s. 41(2), substituted by No. 13/2009 s. 82(1)(b).
bus has the same meaning as it has in section 3(1) of the Bus Safety Act 2009;
S. 3(1) def. of courtesy service inserted by No. 106/1997 s. 28(b), repealed by No. 13/2009 s. 82(1)(a).
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S. 3(1) def. of disqualifying offence repealed by No. 34/2003 s. 20(a), new def. of disqualifying offence inserted by No. 49/2004 s. 18(a), repealed by No. 13/2009 s. 82(1)(a).
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S. 3(1) def. of hire and drive service inserted by No. 106/1997 s. 28(b), amended by No. 2/2008 s. 58, repealed by No. 13/2009 s. 82(1)(a).
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S. 3(1) def. of motor vehicle inserted by No. 69/2007 s. 41(1), repealed by No. 49/2011 s. 33.
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S. 3(1) def. of private bus service inserted by No. 106/1997 s. 28(b), repealed by No. 13/2009 s. 82(1)(a).
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S. 3(1) def. of public passenger vehicle repealed by No. 13/2009 s. 82(1)(a).
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S. 3(1) def. of Public Transport Development Authority inserted by No. 61/2011 s. 25(Sch. 1 item 1.1(a)), repealed by No. 49/2019 s. 186(Sch. 4 item 5.1(a)).
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S. 3(1) def. of regular passenger service substituted by No. 13/2009 s. 82(1)(c).
regular passenger service means—
a route bus service within the meaning of the Bus Safety Act 2009;
a demand responsive bus service within the meaning of the Bus Safety Act 2009;
a prescribed class of bus service other than a prescribed class of route bus service or demand responsive bus service;
a bus service declared under section 4A to be a regular bus service—
but does not include—
a bus service which is prescribed not to be a class of regular passenger service;
a bus service which is declared under section 4A not to be a regular passenger service;
S. 3(1) def. of road transport passenger service amended by No. 49/2004 s. 18(b), repealed by No. 13/2009 s. 82(1)(a).
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S. 3(1) def. of Secretary amended by Nos 28/1996 s. 13, 70/2013 s. 4(Sch. 2 item 7), substituted by No. 49/2019 s. 186(Sch. 4 item 5.1(b)), amended by No. 25/2025 s. 106(Sch. 1 item 6).
Secretary means Secretary to the Department of Transport and Planning;
service contract means a contract entered into under Part 3;
S. 3(1) def. of temporary accreditation repealed by No. 13/2009 s. 82(1)(a).
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vehicle has the same meaning as in the Road Safety Act 1986;
S. 3(1) def. of working day amended by Nos 28/1996 s. 13, 47/2006 s. 36(Sch. 2 item 1), 61/2011 s. 25(Sch. 1 item 1.1(b)), repealed by No. 49/2019 s. 186(Sch. 4 item 5.1(c)).
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S. 3(2) amended by Nos 6/1999 s. 3, 6/2010 s. 203(1) (Sch. 6 item 39.1) (as amended by No. 45/2010 s. 22).
Expressions used in this Act and in the Transport (Compliance and Miscellaneous) Act 1983 (other than "operate") that are not defined in subsection (1) or elsewhere in this Act have the same meanings as in the Transport (Compliance and Miscellaneous) Act 1983 (including Part VI of that Act).
S. 3(3) amended by No. 6/2010 s. 203(1) (Sch. 6 item 39.1) (as amended by No. 45/2010 s. 22).
This Act is to be read and construed as one with the Transport (Compliance and Miscellaneous) Act 1983.
S. 3(4) amended by No. 62/2001 s. 95.
The Governor in Council may, by Order published in the Government Gazette, declare this Act to be relevant legislation for the purposes of the Essential Services Commission Act 2001 and, on the publication of that Order, this Act is relevant legislation for the purposes of that Act.
S. 3(5) inserted by No. 13/2009 s. 83(2).
On and from the commencement of section 83 of the Bus Safety Act 2009, a reference to the Public Transport Competition Act 1995 in any Act (other than in the Bus Safety Act 2009) or in any instrument made under any Act or in any other document of any kind, must be read and construed as a reference to the Bus Services Act 1995, unless the context otherwise requires.
S. 3A inserted by No. 106/1997 s. 29, amended by No. 6/1999 s. 4, repealed by No. 13/2009 s. 82(2).
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S. 3B inserted by No. 95/2005 s. 6, repealed by No. 13/2009 s. 82(2).
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S. 3C inserted by No. 6/2010 s. 24(5)(Sch. 1 item 11) (as amended by No. 45/2010 s. 5).
This Act is transport legislation within the meaning of the Transport Integration Act 2010.
This Act binds the Crown, not only in right of Victoria but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
S. 4A (Heading) amended by Nos 61/2011 s. 25(Sch. 1 item 1.2), 49/2019 s. 186(Sch. 4 item 5.2).
S. 4A inserted by No. 13/2009 s. 84.
S. 4A(1) amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.3).
Subject to subsection (2), the Head, Transport for Victoria may declare by notice published in the Government Gazette that—
a bus service that is a regular passenger service specified in paragraph (a) or (b) of the definition of regular passenger service in section 3(1) is not a regular passenger service within the meaning of that definition;
a bus service that is not specified in paragraph (a) or (b) of the definition of regular passenger service in section 3(1) is a bus service that is a regular passenger service within the meaning of that definition.
S. 4A(2) amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.3).
If the Head, Transport for Victoria intends to make a declaration under subsection (1), the Head, Transport for Victoria must—
advise operators and sectors of the industry that will be affected by the declaration, if declared, of the proposed declaration; and
provide those operators and sectors with an opportunity to make a submission in relation to the proposed declaration.
S. 4A(3) amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.3).
The Head, Transport for Victoria must have regard to any submissions received under subsection (2) before making the declaration.
Pt 2 (Heading and ss 5–24) amended by Nos 106/1997 ss 30, 31(1), 52/1998 s. 311 (Sch. 1 item 80.1), 6/1999 s. 5, 34/2003 ss 19, 20(b), 49/2004 s. 19, 95/2005 s. 7, 9/2006 ss 130–146, 47/2006 s. 36(Sch. 2 item 2), 69/2007 s. 42, 13/2009 s. 80, 69/2009 s. 54(Sch. Pt 2 item 41), 6/2010 s. 203(1) (Sch. 6 item 39.1) (as amended by No. 45/2010 s. 22), repealed by No. 13/2009 s. 82(3).
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Part 3—Regular passenger services
Pt 3 Div. 1 (Heading) inserted by No. 69/2007 s. 43.
Division 1—Service contract requirement for regular passenger services
S. 25 (Heading) inserted by No. 95/2005 s. 8(1).
S. 25 amended by No. 95/2005 s. 8(2)(ILA s. 39B(1)).
A person must not operate a regular passenger service within (or partly within) the State otherwise than under the authority of a service contract.
S. 25(2) inserted by No. 95/2005 s. 8(2).
A person must not offer a regular passenger service within (or partly within) the State to the public, or a section of the public, otherwise than under the authority of a service contract.
S. 25(3) inserted by No. 69/2007 s. 44.
Subsection (1) or (2) does not apply if the person operates a regular passenger service within (or partly within) the State—
under a subcontract or other arrangement with the holder of a service contract (the primary service contract); and
the subcontract or other arrangement is authorised or otherwise permitted under the primary service contract.
Pt 3 Div. 2 (Heading) inserted by No. 69/2007 s. 45.
Division 2—Service contracts
A service contract sets out the terms and conditions on which a regular passenger service may be operated.
S. 26(2) amended by Nos 45/1999 s. 35(1), 47/2006 s. 35(1)(a), substituted by No. 61/2011 s. 25(Sch. 1 item 1.4), amended by No. 49/2019 s. 186(Sch. 4 item 5.4(a)).
The Head, Transport for Victoria may enter into a service contract with an accredited person.
S. 26(3) amended by Nos 45/1999 s. 35(1), 47/2006 s. 35(1)(b), 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.4(a)).
The Head, Transport for Victoria may invite accredited persons to tender for a service contract.
S. 26(4) amended by Nos 45/1999 s. 35(1), 47/2006 s. 35(1)(c), substituted by No. 69/2007 s. 46, amended by Nos 61/2011 s. 25(Sch. 1 items 1.3, 1.5), 3/2017 s. 50(Sch. 1 item 1), 49/2019 s. 186(Sch. 4 item 5.4(a)(b)).
In awarding a service contract the Head, Transport for Victoria may apply any principles determined by the Secretary for the purpose of awarding service contracts.
S. 26(4A) inserted by No. 69/2007 s. 46, amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.4(a)).
The Head, Transport for Victoria must give a copy of the principles referred to in subsection (4) to—
S. 26(4A)(a) amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.4(a)).
a person whom the Head, Transport for Victoria invites to tender for a service contract;
a person who tenders for a service contract;
S. 26(4A)(c) amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.4(a)).
a person who applies to the Head, Transport for Victoria for the granting of a service contract;
a person who requests, in writing, a copy of the principles.
S. 26(5) amended by No. 45/1999 s. 35(1), substituted by No. 6/2010 s. 203(1) (Sch. 6 item 39.2) (as amended by No. 45/2010 s. 22), amended by Nos 61/2011 s. 25(Sch. 1 items 1.3, 1.6), 49/2019 s. 186(Sch. 4 item 5.4(c)).
Nothing in this section limits any authority conferred on the Head, Transport for Victoria by section 64Q of the Transport Integration Act 2010.
A service contract cannot be entered into or renewed for a term exceeding 10 years.
A service contract must make provision for or with respect to—
the period for which it operates;
the manner in which it may be terminated;
standards relating to the provision of services under the contract;
a scale of minimum service levels (determined according to such things as the periods of time during which services are to be operated, the extent of operation of services and the frequency of operation of services during specified periods);
if fares are to be charged, a scale of maximum fares;
the manner in which the holder of the service contract will be remunerated or gain revenue from the provision of services under the contract (including arrangements as to any subsidy);
any other matters required by this Act or the regulations to be specified in a service contract.
A service contract may make provision for or with respect to—
reviewing or altering any fares or fare system in circumstances specified in the contract;
S. 27(3)(b) substituted by No. 69/2007 s. 47.
monetary or other penalties—
for a breach of contract;
for a failure (not being a breach of contract) to meet a performance requirement specified in the contract;
payable on the termination of the contract;
S. 27(3)(ba) inserted by No. 69/2007 s. 47.
the recovery of monetary and other penalties referred to in paragraph (b) in accordance with the contract or this Act;
bonds for the performance of the obligations, or specified obligations, under the contract;
the variation of the contract;
the transfer, assignment, subcontracting or other dealing with any right, power or duty under the contract;
S. 27(3)(f) amended by Nos 45/1999 s. 35(2), 47/2006 s. 36(Sch. 2 item 3(a)), 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.5).
any other matter for or with respect to which the Head, Transport for Victoria considers that provision should be made in the public interest.
A service contract may provide for the periodic review, in the manner and at such periods as the contract may specify, of any matter for the time being determined by or under it.
S. 27(5) amended by Nos 45/1999 s. 35(2), 47/2006 s. 36(Sch. 2 item 3(b)), 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.5).
Nothing in subsection (3) or (4) shall be taken to impose a duty on the Head, Transport for Victoria to make provision for or with respect to any matter in a service contract that is enforceable in a court or tribunal by any other person or body.
S. 27A inserted by No. 69/2007 s. 48.
In this section—
operative service contract means a service contract that—
is in force on the day on which section 48 of the Transport Legislation Amendment Act 2007 comes into operation; or
is entered into on or after the day on which section 48 of the Transport Legislation Amendment Act 2007 comes into operation.
This section applies if—
an operative service contract makes provision for or with respect to a penalty—
for a breach of the contract; or
for a failure (not being a breach of contract) to meet a performance requirement specified in the contract; or
that is payable on the termination of the contract; and
that provision is expressed under the operative service contract to be a civil penalty provision for the purposes of this Act.
A person is liable to pay, as a debt due to the State, the amount as required by a civil penalty provision in an operative service contract despite anything to the contrary in a rule of, or principle at, common law.
A service contract must specify a region or route of operation.
A service contract operating on a specified route may confer on the holder of the contract the exclusive right, subject to this Part, to operate regular passenger services of the relevant kind on the specified route.
S. 28(3) amended by Nos 45/1999 s. 35(3), 47/2006 s. 36(Sch. 2 item 4), repealed by No. 69/2007 s. 49.
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A service contract operating in a specified region may—
confer on the holder of the contract the exclusive right, subject to this Part, to operate regular passenger services of the relevant kind in the specified region; or
confer on the holder of the contract the exclusive right, subject to this Part, to operate regular passenger services of the relevant kind in the specified region except with respect to a specified route or routes.
A service contract may provide for other matters relevant to the operation of passenger transport services within the specified region or on the specified route.
A right conferred on the holder of a service contract—
cannot affect or limit the ability of another person to operate, during the term of the contract, a service that is not a regular passenger service; and
will be subject to any other qualifications applying generally to service contracts of that kind that may be prescribed by the regulations (or specified in the contract itself) during the term of the contract.
S. 29 amended by Nos 45/1999 s. 35(4), 47/2006 s. 36(Sch. 2 item 5), repealed by No. 69/2007 s. 50.
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Pt 3 Div. 3 (Heading) inserted by No. 69/2007 s. 51.
Division 3—Variation, suspension, cancellation of service contracts
S. 30(1) amended by Nos 45/1999 s. 35(5), 47/2006 s. 36(Sch. 2 item 6(a)), 69/2007 s. 52(1), 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.6).
A service contract may, in accordance with the regulations or the service contract, be varied, suspended or cancelled by the Head, Transport for Victoria if the Head, Transport for Victoria is satisfied that—
there has been a serious or frequent failure on the part of the holder of the contract to observe the terms and conditions of the contract; or
the holder has been found guilty of an offence against this Act or the regulations committed during the term of the contract.
S. 30(2) amended by Nos 45/1999 s. 35(5), 47/2006 s. 36(Sch. 2 item 6(b)), substituted by No. 69/2007 s. 52(2), amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.6).
If the service contract does not provide for any manner by which the Head, Transport for Victoria may vary, suspend or cancel the service contract, the Head, Transport for Victoria must—
give a person referred to in subsection (1)(a) written notice of the intended action under that subsection; and
allow that person to make written representations about that intended action within 10 working days before taking the intended action against that person.
A service contract is automatically cancelled if the holder of the contract ceases to be an accredited person or ceases to be an accredited person of an appropriate kind.
S. 30(4) amended by Nos 45/1999 s. 35(5), 47/2006 s. 36(Sch. 2 item 6(c)), 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.6).
Nothing in this Act prevents the Head, Transport for Victoria from making such arrangements as the Head, Transport for Victoria thinks fit for the provision, by an accredited person, of temporary services (for a period not exceeding 12 months) in place of a regular passenger service for the time being discontinued by a variation, suspension or cancellation of a service contract under this section.
S. 30(5) inserted by No. 49/2019 s. 186(Sch. 4 item 5.7).
For the purpose of subsection 2(b), working day means any day which is not a holiday within the meaning of section 44(4) of the Interpretation of Legislation Act 1984.
Pt 3 Div. 4 (Heading and ss 30A–30Z) inserted by No. 69/2007 s. 53.
Division 4—New regular passenger services
Subdivision 1—Interpretation
S. 30A inserted by No. 69/2007 s. 53.
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