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TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 47
Amendment, suspension or cancellation of service contracts for breach of service contracts
47 Amendment, suspension or cancellation of service contracts for breach of
service contracts
(1) The chief executive may, by notice given to a holder, amend, suspend or
cancel the holder’s service contract if— (a) the holder contravenes a
condition of the contract; or
(b) the chief executive reasonably believes a
contravention of the contract by the holder is imminent.
(1A) However, the
chief executive may not amend a holder’s service contract to increase an
amount payable to the chief executive for a breach of a key performance
indicator.
(2) Before taking action against a holder under subsection (1) ,
the chief executive must give the holder written notice of the intended
action, and allow the holder an opportunity to make written representations
about the intended action within 10 working days.
(3) The chief executive
may, by notice given to a holder, immediately amend, suspend or cancel the
holder’s service contract if the chief executive reasonably believes that
the holder is unable to provide any or all of the services required under the
contract.
(4) A holder may claim compensation from the State if the holder
incurs a cost, damage or loss because of the amendment, suspension or
cancellation of the holder’s service contract under subsection (3) .
(5)
Compensation or costs that may be recovered under subsection (4) may be
claimed and ordered in a proceeding brought in a court having jurisdiction for
the recovery of a debt in the amount claimed.
(6) A court may order the
payment of compensation only if it is satisfied— (a) there were no
reasonable grounds for believing that the holder was unable to provide any or
all of the services required under the contract; and
(b) it is just to make
the order in the circumstances of the particular case.
(7) A regulation may
prescribe matters that may, or must, be taken into account by the court when
considering whether it is just to order compensation.
(8) Subsection (4) has
effect to the exclusion of any other remedy.
(9) The amendment, suspension or
cancellation of a service contract under this section is declared to be an
excluded matter for the Corporations Act , section 5F in relation to the
Corporations Act , section 440C .
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