When is an affected service contract holder a materially affected service contract holder?
30B When is an affected service contract holder a materially affected service contract holder?
An affected service contract holder is a materially affected service contract holder if—
the affected service contract holder provides a regular passenger service—
along an affected exclusive route of operation that will be materially affected; or
within an affected exclusive region that will be materially affected; or
a determination under section 30C applies to that affected service contract holder.
For the purposes of this section, an affected exclusive route of operation, or an affected exclusive region, will be materially affected if—
Xro >
where—
Xro is the relevant overlap (expressed as a percentage); and
N is the number of affected service contract holders.
In subsection (2), relevant overlap means—
where—
A is—
in the case of an affected exclusive route of operation—that part, or the sum of the parts, of the affected exclusive route of operation, as measured in vehicle service kilometres, that will, when the new regular passenger service is provided, overlap with, or cross, any part of the route of operation for the new regular passenger service (as measured in vskms);
in the case of an affected exclusive region—that part, or the sum of the parts, of the route of operation along which the new regular passenger service will be provided that will be within that affected exclusive region of operation, as measured in vskms, (whether or not that route of operation will overlap with or cross another route of operation);
B means the total length of the route of operation along which the new regular passenger service will be provided (as measured in vskms).
In this section—
vehicle service kilometres or vskms means the length (measured in kilometres) of a route, or a part or a route, of operation for the provision of a regular passenger service multiplied by the number of times the regular passenger service is provided on that route in a day.
S. 30C inserted by No. 69/2007 s. 53, amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.8(a)).
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