Stage 2 procurement process—Only one materially affected service contract holder
30I Stage 2 procurement process—Only one materially affected service contract holder
S. 30I(1) amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.14).
The Head, Transport for Victoria must give the materially affected service contract holder the opportunity to negotiate exclusively with the Head, Transport for Victoria for the right to provide the new regular passenger service.
S. 30I(2) amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.14).
If, following negotiations with the materially affected service contract holder, the Head, Transport for Victoria and that contract holder agree that the contract holder may provide the new regular passenger service, the exclusive right of operation of every other affected service contract holder to provide a regular passenger service is, to the extent necessary to enable the materially affected service contract holder to provide the new regular passenger service, extinguished by force of this subsection when, as the case requires, the service contract or variation of service contract for the provision of the new regular passenger service takes effect.
S. 30I(3) amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.14).
If, however, after 28 days from commencing negotiations with the materially affected service contract holder, the Head, Transport for Victoria has not received from the materially affected service contract holder a written offer for the provision of the new regular passenger service by that contract holder on terms and conditions that the Head, Transport for Victoria considers are reasonable in light of—
the nature and extent of that new regular passenger service; and
the provisions of this Act and the regulations; and
the circumstances of the case—
the exclusive right of operation of the affected service contract holder is, to the extent necessary to enable another person to provide the new regular passenger service, extinguished by force of this subsection when, as the case requires, a service contract or a variation of service contract for the provision of the new regular passenger service takes effect.
S. 30J 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 5.15).
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