Regulations
38 Regulations
The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.
S. 38(1A) inserted by No. 13/2009 s. 82(5) (as amended by No. 19/2010 s. 66).
Without limiting the generality of subsection (1), regulations may be made under this Act for or with respect to—
service standards or other requirements, restrictions or conditions which are to apply in the provision of bus services;
prescribing a class of bus service to be a regular passenger service;
prescribing a class of bus service not to be a regular passenger service;
regulating the standards relating to the maintenance of buses, including in relation to safety equipment or devices to be installed on buses;
regulating or requiring the examination, testing, maintenance or repair of buses, or equipment in, or on, a bus;
imposing duties on drivers.
S. 38(1B) inserted by No. 13/2009 s. 82(5) (as amended by No. 19/2010 s. 66).
For the purposes of this section, service standards or other requirements, restrictions or conditions includes any matter relating to—
the condition of a bus and the equipment to be installed in, or objects to be attached to, a bus;
the conduct, powers and obligations of the driver of a bus;
ticketing, fares and timetables;
the operation of a bus for a particular purpose.
A power conferred by this Act to make regulations may be exercised—
either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified case or class of case; and
so as to make, as respects the cases in relation to which the power is exercised—
the same provision for all cases in relation to which the power is exercised, or different provisions for different cases or classes of case, or different provisions for the same case or class of case for different purposes; or
any such provision either unconditionally or subject to any specified condition.
Regulations made under this Act may be made—
so as to apply—
at all times or at a specified time; or
throughout the whole of the State or in a specified part of the State; or
as specified in both subparagraphs (i) and (ii); and
so as to require a matter affected by the regulations to be—
in accordance with a specified standard or specified requirement; or
approved by or to the satisfaction of a specified person or a specified class of person; or
as specified in both subparagraphs (i) and (ii); and
so as to apply, adopt or incorporate any matter contained in any document whatsoever whether—
wholly or partially or as amended by the regulations; or
as in force at a particular time or as in force from time to time; and
so as to confer a discretionary authority or impose a duty on a specified person or a specified class of person; and
so as to provide in a specified case or class of case for the exemption of people or things or a class of people or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified; and
so as to impose a penalty not exceeding 20 penalty units for a contravention of the regulations.
S. 38A inserted by No. 19/2010 s. 71.
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