Outcome of stage 2 procurement process—More than one materially affected service contract holder
30K Outcome of stage 2 procurement process—More than one materially affected service contract holder
S. 30K(1) amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.16).
Subsection (2) applies if, following the stage 2 procurement process, the Head, Transport for Victoria and one or more of the materially affected service contract holders agree that the service contract holder or contract holders (as the case requires) (a successful party) 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 a successful party 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. 30K(3) amended by Nos 61/2011 s. 25(Sch. 1 item 1.3), 49/2019 s. 186(Sch. 4 item 5.16).
If, however, following the stage 2 procurement process, the Public Head, Transport for Victoria—
is unable to agree on the terms and conditions for the provision of the new regular passenger service with any of the materially affected service contract holders; and
is of the view that it is in the public interest that the new regular passenger service should be provided—
the exclusive right of operation of every other 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.
Division 5—Transfer of property used in provision of regular passenger services
S. 30L inserted by No. 69/2007 s. 53.
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