Queensland Consolidated Acts
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TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 61
(1) This section applies if—
(a) an existing operator is not awarded a
service contract for the service contract area or route, or part of the
service contract area or route, for which the operator was providing services;
(b) a decision is made under section 60 , and an existing service contract
(i) does not offer to provide the service for the amended service
contract area or route; or
(ii) is not awarded a service contract to provide
the service for the amended service contract area or route.
(1A) The chief
executive may require the holder of the new or amended service contract, as a
condition of it, to pay compensation to the existing operator or service
(2) If offers for the new service contract were invited from
the public, the chief executive may act under subsection (1A) only if the
invitation stated that this section applied to the contract.
(3) The amount
of compensation is to be decided by agreement between the holder of the new or
amended service contract and the existing operator or service contract holder
or, if there is no agreement, by an arbitrator appointed by the parties.
Without limiting the matters an arbitrator may or may not take into account, a
regulation may make provision about matters to be considered, or not
considered, in deciding the amount of compensation.
Commercial Arbitration Act 2013 applies to the arbitration.
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