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TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 46
Review of holder’s performance
46 Review of holder’s performance
(1A) This section does not apply to a prescribed school service contract or a
ferry service contract.
(1B) Subsections (4) to (7) do not apply to an
integrated mass transit service contract.
(1) The chief executive may arrange
for reviews of a holder’s performance under a service contract.
(2)
However, each service contract, other than an emergency service contract or a
service contract for a term of less than 2 years, must be reviewed as near as
practicable to the middle of the term of the contract (a
"midterm review" ).
(3) A service contract may also be reviewed at another
time if the parties agree.
(4) Each holder under a service contract must, for
a midterm review, conduct a market based needs assessment for public passenger
services of the relevant type for the contract area or route.
(5) The chief
executive may make, and distribute to holders, guidelines to which operators
must have regard in conducting assessments under subsection (4) .
(6) The
chief executive must take into account any relevant research done by the
holder.
(7) If, on a review, it is shown that the holder— (a) has taken all
reasonable steps to fulfil the contract and actively promoted the use of
public passenger transport; but
(b) has not achieved the patronage levels
agreed to by the chief executive and the holder;
the chief executive may
review the holder’s minimum service levels or work with the holder to
achieve increased patronage.
(7A) On a review of an integrated mass transit
service contract, the chief executive must take into account whether the
holder is meeting the requirements of the holder’s service contract.
(8)
If, after a review, the chief executive is of the opinion the holder’s
performance has been inadequate in a significant respect, the chief
executive— (a) must notify the holder of the inadequacy; and
(b) may
require the holder to take specified steps to remedy the inadequacy.
(9) If a
holder fails to take the required steps to remedy the inadequacy within the
time allowed by the chief executive, the chief executive may, by notice to the
holder, terminate the service contract.
(10) Compensation is not recoverable
from anyone (including the chief executive and the State) for or in relation
to the termination of the service contract under subsection (9) .
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