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This is a Bill, not an Act. For current law, see the Acts databases.


PASSENGER TRANSPORT (DISSOLUTION OF PASSENGER TRANSPORT BOARD) AMENDMENT BILL 2003

South Australia

Passenger Transport (Dissolution of Passenger Transport Board) Amendment Bill 2003

A Bill For

An Act to amend the Passenger Transport Act 1994 and to make related amendments to the Road Traffic Act 1961 and the Superannuation Act 1988.



Contents

Part 1—Preliminary

1 Short title

2 Commencement

3 Amendment provisions

Part 2—Amendment of Passenger Transport Act 1994

4 Amendment of section 4—Interpretation

5 Repeal of Part 2

6 Substitution of heading to Part

7 Substitution of heading to Part 3 Division 1

8 Amendment of section 20—Functions of Minister under Act

9 Repeal of section 21

10 Amendment of section 22—Powers of Minister

11 Amendment of section 23—Acquisition of land

12 Amendment of section 24—Power to carry out works

13 Substitution of Part 3 Division 3

14 Amendment of section 27—Accreditation of operators

15 Amendment of section 29—Accreditation of centralised booking services

16 Amendment of section 30—Procedure

17 Amendment of section 31—Conditions

18 Amendment of section 32—Duration and categories of accreditation

19 Amendment of section 33—Periodical fees and returns

20 Amendment of section 34—Renewals

21 Amendment of section 35—Related matters

22 Insertion of section 35A

23 Amendment of section 36—Disciplinary powers

24 Amendment of section 37—Related matters

25 Amendment of section 38—Appeals

26 Amendment of section 39—Service contracts

27 Amendment of section 40—Nature of contracts

28 Amendment of section 42—Assignment of rights under a contract

29 Amendment of section 43—Variation, suspension or cancellation of service contracts

30 Amendment of section 44—Fees

31 Amendment of section 45—Requirement for a licence

32 Amendment of section 46—Applications for licences or renewals

33 Amendment of section 47—Issue and term of licences

34 Amendment of section 48—Ability of Minister to determine fees

35 Amendment of section 49—Transfer of licences

36 Amendment of section 50—Suspension or revocation of licences

37 Amendment of section 51—Appeals

38 Amendment of section 52—False advertising

39 Amendment of section 54—Inspections

40 Amendment of section 56—General offences

41 Amendment of section 57—Offenders to state name and address

42 Amendment of section 59—General provisions relating to offences

43 Repeal of section 60

44 Amendment of section 61—Evidentiary provision

45 Amendment of section 62—Fund

46 Amendment of section 63—Registration of prescribed passenger vehicles

47 Amendment of section 64—Regulations

48 Repeal of section 65

49 Amendment of Schedule 1

50 Amendment of Schedule 3

51 Amendment of Schedule 4

Schedule 1—Related amendments and transitional provisions



The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Passenger Transport (Dissolution of Passenger Transport Board) Amendment Act 2003.

2—Commencement

This Act will come into operation on a day to be fixed by proclamation.

3—Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.


Part 2—Amendment of Passenger Transport Act 1994

4—Amendment of section 4—Interpretation

(1) Section 4(1), definition of Board—delete the definition

(2) Section 4(1), definition of designated taxi-stand—delete "the Board" and substitute:

the Minister

(3) Section 4(1)—after the definition of spouse insert:

Standards Committee means the Passenger Transport Standards Committee established under section 35A;

5—Repeal of Part 2

Part 2—delete the Part

6—Substitution of heading to Part

Heading to Part 3—delete the heading and substitute:

Part 3—Administration

7—Substitution of heading to Part 3 Division 1

Heading to Part 3 Division 1— delete the heading to Division 1 and substitute:

Division 1—Functions of Minister under Act

8—Amendment of section 20—Functions of Minister under Act

(1) Section 20(1)—delete "The Board has the following functions, to be exercised in the public interest" and substitute:

The Minister may, in connection with the operation of this Act, adopt the following functions

(2) Section 20(1)(d)—delete "it" and substitute:

the Minister

(3) Section 20(1)(m), (n), (o) and (p)—delete paragraphs (m), (n), (o) and (p) and substitute:

(m) to initiate or undertake inquiries in relation to any aspect of passenger transport within the State;

(n) to carry out other functions as may be necessary or expedient for, or incidental to, any of the foregoing.

(4) Section 20(2)—delete subsection (2)

9—Repeal of section 21

Section 21—delete the section

10—Amendment of section 22—Powers of Minister

(1) Section 22(1)—delete subsection (1) and substitute:

(1) The Minister has the power to do anything necessary or expedient for, or incidental to, performing the functions of the Minister under this Act.

(2) Section 22(2)—delete "The Board" and substitute:

The Minister

(3) Section 22(2)(b)(i)—delete "the Board in the performance of its functions" and substitute:

the Minister in the performance of any function

(4) Section 22(2)(b)(ii)—delete "the Board's" and substitute:

the Minister's

(5) Section 22(2)(e)—delete "the Board" and substitute:

the Minister

(6) Section 22(3)—delete "The Board must not, without the approval of the Minister and the Treasurer" and substitute:

The Minister must not, without the concurrence of the Treasurer

(7) Section 22(4)—delete "the Board" wherever occurring and substitute in each case:

the Minister

(8) Section 22(5)—delete "the Board" wherever occurring and substitute in each case:

the Minister

(9) Section 22(6)—delete "The Board must, in relation to a proposal by it" and substitute:

The Minister must, in relation to a proposal by the Minister

(10) Section 22(6)(b)—delete "the Board" and substitute:

the Minister

(11) Section 22(7)—delete "the Board" wherever occurring and substitute in each case:

the Minister

(12) Section 22(8)—delete "the Board" wherever occurring and substitute in each case:

the Minister

11—Amendment of section 23—Acquisition of land

(1) Section 23—delete "The Board" and substitute:

The Minister

(2) Section 23(b)—delete "its functions" and substitute:

any function under this Act

12—Amendment of section 24—Power to carry out works

(1) Section 24(1)—delete "The Board may carry out such works as it" and substitute:

The Minister may carry out such works as the Minister

(2) Section 24(2)—delete "In the exercise of its powers under this section, the Board" and substitute:

In the exercise of any power under this section, the Minister

(3) Section 24(3)—delete "The Board" and substitute:

The Minister

(4) Section 24(4)—delete "the Board" and substitute:

the Minister

(5) Section 24(4)(b)—delete "the Board" and substitute:

the Minister

(6) Section 24(5)—delete "the Board" and substitute:

the Minister

13—Substitution of Part 3 Division 3

Part 3 Division 3—delete Division 3 and substitute:

Division 3—Annual report, committees and delegations

24A—Annual report

(1) The administrative unit of the Public Service that is, under the Minister, responsible for the administration of this Act must, on or before 30 September in each year, prepare a report on the operation and administration of this Act for the financial year ending on the preceding 30 June.

(2) The report must include specific reports on the following matters for the relevant financial year:

(a) levels of public utilisation of passenger transport services within the State;

(b) issues affecting the accessibility and utilisation of public transport within the State;

(c) the number and nature of complaints, compliments and submissions made to the Minister by members of the public under any centralised system established for the purpose under this Act;

(d) the general availability of taxis on taxi-stands in Metropolitan Adelaide, and response times to bookings within the taxi industry,

and must also include any other information required by this Act.

(3) A report under this section may be incorporated into the annual report of the relevant administrative unit.

(4) The Minister must cause a copy of the report to be laid before both Houses of Parliament within 12 sitting days after the report is prepared.

25—Committees

(1) The Minister may establish such committees as the Minister thinks fit to assist the Minister in the performance or exercise of his or her functions or powers under this Act.

(2) The procedures to be observed in relation to the conduct of the business of a committee will be—

(a) as determined by the Minister; or

(b) insofar as a procedure is not determined under paragraph (a)—as determined by the relevant committee.

26—Power of delegation

(1) The Minister may delegate to a body or a person (including a person for the time being holding or acting in a specified office or position) a function or power of the Minister under this or any other Act.

(2) A delegation under this section—

(a) must be by instrument in writing; and

(b) may be absolute or conditional; and

(c) does not derogate from the power of the Minister to act in any matter; and

(d) is revocable at will.

(3) A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.

14—Amendment of section 27—Accreditation of operators

(1) Section 27(3)(b)—delete "the Board" and substitute:

the Minister

(2) Section 27(4)—delete "The Board must ensure that a standard determined by the Board" and substitute:

The Minister must ensure that a standard determined by the Minister

15—Amendment of section 29—Accreditation of centralised booking services

(1) Section 29 (4)(b)—delete "the Board" and substitute:

the Minister

(2) Section 29(5)—delete "the Board" and substitute:

the Minister

16—Amendment of section 30—Procedure

(1) Section 30(1)—delete subsection (1) and substitute:

(1) An application for accreditation must be made to the Minister in a manner and form determined by the Minister.

(2) Section 30(2)—delete "The Board" and substitute:

The Minister

(3) Section 30(2)(a)—delete "the Board" and substitute:

the Minister

(4) Section 30(3)—delete "the Board" wherever occurring and substitute in each case:

the Minister

(5) Section 30(4)—delete "the Board" wherever occurring and substitute in each case:

the Minister

(6) Section 30(5)—delete "the Board" and substitute:

the Minister

17—Amendment of section 31—Conditions

(1) Section 31(1)(b)(i)—delete "the Board" and substitute:

the Minister

(2) Section 31(2)—delete "The Board" and substitute:

The Minister

(3) Section 31(3)—delete "The Board may, if it" and substitute:

The Minister may, if the Minister

(4) Section 31(4)—delete "to the Board" and substitute:

to the Minister

(5) Section 31(4)—delete "the Board may, as it" and substitute:

the Minister may, as the Minister

(6) Section 31(6)—delete "the Board" and substitute:

the Minister

18—Amendment of section 32—Duration and categories of accreditation

(1) Section 32(1)—delete "the Board" and substitute:

the Minister

(2) Section 32(2)—delete "The Board may, if it" and substitute:

The Minister may, if the Minister

(3) Section 32(3)—delete "The Board" and substitute:

The Minister

(4) Section 32(4)—delete "The Board may, from time to time, after consultation with the Minister" and substitute:

The Minister may, from time to time

19—Amendment of section 33—Periodical fees and returns

(1) Section 33(1)—delete "the Board" wherever occurring and substitute in each case:

the Minister

(2) Section 33(2)—delete "the Board" wherever occurring and substitute in each case:

the Minister

20—Amendment of section 34—Renewals

(1) Section 34(1)—delete "the Board" wherever occurring and substitute in each case:

the Minister

(2) Section 34(2)—delete "the Board" and substitute:

the Minister

(3) Section 34(4)—delete "The Board may, in the Board's" and substitute:

The Minister may, in the Minister's

(4) Section 34(5)—delete "The Board" and substitute:

The Minister

21—Amendment of section 35—Related matters

(1) Section 35(3)—delete "the Board" and substitute:

the Minister

(2) Section 35(4)—delete "The Board" and substitute:

The Minister

(3) Section 35(5)—delete "the Board by virtue of the fact that it" and substitute:

the Minister by virtue of the fact that the Minister

22—Insertion of section 35A

Before section 36 insert:

35A—Passenger Transport Standards Committee

(1) The Minister must establish a committee, to be called the Passenger Transport Standards Committee, to exercise disciplinary powers under this Division, and to exercise or perform such other powers or functions as may from time to time be conferred on the committee by the Minister.

(2) The Minister may, as the Minister thinks fit, appoint suitable persons to be members of the Standards Committee (and may at any time remove any person from membership of the committee).

(3) An appointment under subsection (2) will be on terms and conditions determined by the Minister.

(4) The quorum for any proceedings of the Standards Committee will be three members of the committee (but this subsection does not prevent additional members sitting in any proceedings of the committee).

23—Amendment of section 36—Disciplinary powers

(1) Section 36(1)—delete "The Board" and substitute:

The Standards Committee

(2) Section 36—after subsection (1) insert:

(1a) An inquiry may be commenced by a complaint being lodged with the Standards Committee or by the Standards Committee acting of its own motion.

(3) Section 36—delete subsection (3) and substitute:

(3) If, after conducting an inquiry under this section, the Standards Committee is satisfied that proper cause exists for disciplinary action, the Standards Committee may exercise one or more of the following powers:

(a) the Standards Committee may reprimand the respondent;

(b) the Standards Committee may require the respondent to pay to the Consolidated Account a fine not exceeding $5000 (recoverable by the Crown as a debt);

(c) if the respondent is an accredited person, the Standards Committee may—

(i) attach conditions to the accreditation;

(ii) shorten the period of accreditation, or issue a temporary accreditation, and warn the respondent that if further grounds for disciplinary action arise, the respondent will be liable to be disqualified from holding an accreditation under this Act;

(iii) suspend the accreditation for a specified period, until the fulfilment of specified conditions, or until further order;

(iv) revoke the accreditation;

(d) the Standards Committee may disqualify the respondent from holding an accreditation under this Act—

(i) permanently; or

(ii) for a specified period; or

(iii) until the fulfilment of specified conditions; or

(iv) until further order.

(4) Section 36(5)—delete "The Board" and substitute:

The Standards Committee

(5) Section 36(8)—delete "the Board" wherever occurring and substitute in each case:

the Standards Committee

(6) Section 36(9)—delete "the Board" and substitute:

the Standards Committee

24—Amendment of section 37—Related matters

(1) Section 37(1)—delete "the Board" and substitute:

the Standards Committee

(2) Section 37(2)—delete "The Board" and substitute:

The Standards Committee

(3) Section 37(2)—delete "the Board" wherever occurring and substitute in each case:

the Standards Committee

(4) Section 37(5)—delete "the Board" and substitute:

the Standards Committee

(5) Section 37(6)—delete "The Board" and substitute:

The Standards Committee

25—Amendment of section 38—Appeals

(1) Section 38(1)(b)—delete "of the Board" and substitute:

under this Part

(2) Section 38(1)(c)—delete "the Board" and substitute:

the Standards Committee

(3) Section 38(2)—delete "of the Board"

(4) Section 38(5) and (6)—delete subsections (5) and (6) and substitute:

(5) The Minister or the Standards Committee must, if so required by a person affected by a decision made by the Minister or the Standards Committee (as the case may be), state in writing the reasons for the decision.

(6) If reasons are not given in writing at the time of making a decision and the person affected by the decision requires (within one month of the making of the decision) the Minister or the Standards Committee (as the case requires) to state the reasons in writing, the time for instituting an appeal runs from the time at which the person receives the written statement of those reasons.

26—Amendment of section 39—Service contracts

(1) Section 39(1)—delete "the Board" and substitute:

the Minister

(2) Section 39—delete subsection (2) and substitute:

(2) The Minister may invite contracts by tender or in such other manner as the Minister thinks fit.

(3) Section 39(3)—delete "The Board" and substitute:

The Minister

(4) Section 39(3)(b)—delete "the Board" and substitute:

the Minister

(5) Section 39(3b)—delete "The Board must, within 14 days after awarding a service contract to which subsection (3)(a) applies, forward to the Minister" and substitute:

The Minister must, within 14 days after awarding a contract to which subsection (3)(a) applies, prepare

(6) Section 39(3b)(d)—delete "the Board" and substitute:

the Minister

(7) Section 39(3b)(f)—delete "the Board" and substitute:

the Minister

(8) Section 39(3c)—delete "The Board is not required to disclose" and substitute:

The Minister is not required to include

(9) Section 39(3c)(b)—delete "the Board" and substitute:

the Minister

(10) Section 39(3d)—delete "receiving" and substitute:

completing

27—Amendment of section 40—Nature of contracts

(1) Section 40(4)—delete "The Board" and substitute:

The Minister

(2) Section 40(5)—delete "The Board" and substitute:

The Minister

(3) Section 40(7) and (8)—delete subsections (7) and (8).

28—Amendment of section 42—Assignment of rights under a contract

(1) Section 42(1)—delete "the Board" and substitute:

the Minister

(2) Section 42(2)—delete "The Board" and substitute:

The Minister

(3) Section 42(2)(b)—delete "the Board" and substitute:

the Minister

(4) Section 42(3)—delete "the Board" and substitute:

the Minister

29—Amendment of section 43—Variation, suspension or cancellation of service contracts

(1) Section 43(1)—delete "the Board" and substitute:

the Minister

(2) Section 43(2)—delete "the Board" and substitute:

the Minister

(3) Section 43(5)—delete "the Board" wherever occurring and substitute in each case:

the Minister

30—Amendment of section 44—Fees

(1) Section 44(1)—delete "the Board" and substitute:

the Minister

(2) Section 44(2)—delete "The Board" and substitute:

The Minister

31—Amendment of section 45—Requirement for a licence

(1) Section 45(1)(a)—delete "the Board" and substitute:

the Minister

(2) Section 45(1)(c)—delete "the Board" and substitute:

the Minister

(3) Section 45(1)(d)—delete "the Board" and substitute:

the Minister

(4) Section 45(3)—delete "the Board as to any matter the Board" and substitute:

the Minister as to any matter the Minister

(5) Section 45(5)—delete "the Board" and substitute:

the Minister

(6) Section 45—delete subsection (6) and substitute:

(6) The Minister may, if the Minister considers it appropriate to do so, by notice in writing to the holder of the licence, vary the conditions imposed by the Minister.

32—Amendment of section 46—Applications for licences or renewals

(1) Section 46(1)—delete "the Board in a form and manner determined by the Board" and substitute:

the Minister in a manner and form determined by the Minister

(2) Section 46(2)—delete "the Board" and substitute:

the Minister

33—Amendment of section 47—Issue and term of licences

(1) Section 47(1)—delete "The Board" and substitute:

The Minister

(2) Section 47(2)—delete "the Board" and substitute:

the Minister

(3) Section 47(3)—delete "The Board may, if it" and substitute:

The Minister may, if the Minister

(4) Section 47(6)—delete "The Board may, from time to time, after consultation with the Minister" and substitute:

The Minister may, from time to time

(5) Section 47(7)—delete "the Board" and substitute:

the Minister

(6) Section 47(9)—delete "The Board" and substitute:

The Minister

(7) Section 47(10)—delete "the Board" and substitute:

the Minister

34—Amendment of section 48—Ability of Minister to determine fees

(1) Section 48(1)—delete "The Board" and substitute:

The Minister

(2) Section 48(2)—delete "the Board" wherever occurring and substitute in each case:

the Minister

(3) Section 48—delete subsection (3)

(4) Section 48(4)—delete "the Board" wherever occurring and substitute in each case:

the Minister

35—Amendment of section 49—Transfer of licences

(1) Section 49(1)—delete "the Board" and substitute:

the Minister

(2) Section 49(2)—delete "the Board" wherever occurring and substitute in each case:

the Minister

(3) Section 49(3)—delete "the Board" and substitute:

the Minister

36—Amendment of section 50—Suspension or revocation of licences

(1) Section 50(1)—delete "the Board" and substitute:

the Minister

(2) Section 50(2)—delete "the Board" and substitute:

the Minister

37—Amendment of section 51—Appeals

(1) Section 51(1)—delete "the Board" wherever occurring and substitute in each case:

the Minister

(2) Section 51(2)—delete "the Board" and substitute:

the Minister

38—Amendment of section 52—False advertising

Section 52(1)(b)—delete "the Board" and substitute:

the Minister

39—Amendment of section 54—Inspections

(1) Section 54(1), definition of approved vehicle inspector—delete "the Board" wherever occurring and substitute in each case:

the Minister

(2) Section 54(1), definition of prescribed requirements or standards—delete "the Board" and substitute:

the Minister

(3) Section 54(3)—delete "The Board" and substitute:

The Minister

(4) Section 54(4)—delete "the Board" and substitute:

the Minister

(5) Section 54(5)—delete "the Board" and substitute:

the Minister

(6) Section 54(12)—delete "the Board" and substitute:

the Minister

(7) Section 54(13)—delete "The Board may cancel a certificate if it is" and substitute:

The Minister may cancel a certificate if

(8) Section 54(17)—delete "The Board" and substitute:

The Minister

(9) Section 54(19)—delete "The Board" and substitute:

The Minister

(10) Section 54(19)—delete "the Board" and substitute:

the Minister

(11) Section 54(20)—delete "the Board" and substitute:

the Minister

40—Amendment of section 56—General offences

Section 56(8)—delete "the Board" and substitute:

the Minister

41—Amendment of section 57—Offenders to state name and address

Section 57(4), definition of prescribed officer—delete "the Board" and substitute:

the Minister

42—Amendment of section 59—General provisions relating to offences

Section 59 (4), (5), (6) and (7)—delete subsections (4), (5), (6) and (7)

43—Repeal of section 60

Section 60—delete the section

44—Amendment of section 61—Evidentiary provision

(1) Section 61—delete "a member of the Board" and substitute:

the Minister

(2) Section 61(c)—delete "the Board" and substitute:

the Minister

(3) Section 61(d)—delete "the Board" wherever occurring and substitute in each case:

the Minister

45—Amendment of section 62—Fund

(1) Section 62(1)(a)—delete "in consultation with the Board"

(2) Section 62(1)(d)—delete "in consultation with the Board"

(3) Section 62(1)(d)(iii)—delete "and the Board"

(4) Section 62(1)(e)—delete ", with the concurrence of the Board,"

46—Amendment of section 63—Registration of prescribed passenger vehicles

Section 63—delete "the Board" wherever occurring and substitute in each case:

the Minister

47—Amendment of section 64—Regulations

(1) Section 64(2)(e)—delete ", the Board"

(2) Section 64(4)—delete "the Board, or any other prescribed body," and substitute:

any prescribed body

48—Repeal of section 65

Section 65—delete the section

49—Amendment of Schedule 1

(1) Schedule 1, item 6—delete "the Board" and substitute:

the Minister

(2) Schedule 1, item 11—delete "the Board" and substitute:

the Minister

(3) Schedule 1, item 14—delete "the Board" wherever occurring and substitute in each case:

the Minister

(4) Schedule 1, item 22—delete "the Board" and substitute:

the Minister

(5) Schedule 1, item 32—delete "the Board" and substitute:

the Minister

(6) Schedule 1, item 42—delete "the Board" and substitute:

the Minister

50—Amendment of Schedule 3

(1) Schedule 3, clause 3a—delete "the Passenger Transport Board" and substitute:

the Minister

(2) Schedule 3, clause 3b—delete "the Passenger Transport Board" and substitute:

the Minister

(3) Schedule 3, clause 3c(c)—delete "the Passenger Transport Board" and substitute:

the Minister

51—Amendment of Schedule 4

(1) Schedule 4, clauses 1, 2, 4, 6 and 7—delete the clauses

(2) Schedule 4, clause 3(1)(a)(i)—delete subparagraph (i)

(3) Schedule 4, clause 3(1)(b)(i)—delete subparagraph (i)

(4) Schedule 4, clause 3(2)(a)—delete paragraph (a)

(5) Schedule 4, clause 3(7)(a)—delete paragraph (a)

(6) Schedule 4, clause 5(1), (2), (3) and (4)—delete subclauses (1), (2), (3) and (4)


Schedule 1—Related amendments and transitional provisions

Part 1—Preliminary

1—Amendment provisions

In this Schedule, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Road Traffic Act 1961

2—Amendment of section 16—Interpretation

Section 16(1), definition of Authority, (c)—delete paragraph (c) and substitute:

(c) any authority or body brought within the ambit of this definition by the regulations;

3—Amendment of section 106—Damage to roads and works

Section 106(2)—delete "the Passenger Transport Board" and substitute:

any other prescribed person or body

Part 3—Amendment of Superannuation Act 1988

4—Amendment of section 4—Interpretation

Section 4(1), definition of employee, (b)(iii)—delete "the Passenger Transport Board or"

Part 4—Transitional provisions

5—Transitional provisions

(1) Subject to subclause (2), all assets and liabilities of the Passenger Transport Board are vested in the Minister.

(2) Subclause (1) does not apply to any asset or liability vested by the Governor, by proclamation, in—

(a) the Crown; or

(b) another Minister; or

(c) another agency or instrumentality of the Crown.

(3) The vesting of assets or liabilities under this clause operates by force of this clause and despite the provisions of any other law or instrument.

(4) The Registrar-General or another authority required or authorised under a law of the State to register or record transactions affecting assets or liabilities, or documents relating to such transactions, must, on application under this clause, register or record in an appropriate manner a vesting under this clause.

(5) No fee is payable in respect of an application under subclause (4).

(6) Subject to subclause (7), all references in any instrument or contract, agreement or other document to the Passenger Transport Board will have effect as if it were a reference to the Minister.

(7) Subclause (6) does not apply to any reference excluded by the Governor by proclamation.

(8) Subclause (6) has effect despite the provisions of any other law or instrument.

(9) Any declaration, determination, approval, authorisation or notice made, given or published by the Passenger Transport Board before the commencement of this clause and still in force immediately before that commencement will, unless or until revoked by the Minister, continue to have effect as if it had been made, given or published by the Minister under the principal Act (as amended by this Act).

(10) An accreditation issued by the Passenger Transport Board under the principal Act before the commencement of this clause and in force immediately before that commencement will continue to have effect as if it were an accreditation issued by the Minister under the principal Act (as amended by this Act).

(11) Subject to subclause (12), any procedure or proceedings commenced by the Passenger Transport Board under the principal Act before the commencement of this clause but which had not been finally determined at the commencement of this clause may be continued or completed by the Minister under the principal Act (as amended by this Act).

(12) Any inquiry or other proceedings commenced against the person under Part 4 Division 5 of the principal Act before the commencement of this clause may be continued or completed by or before the Passenger Transport Standards Committee (and, for that purpose, any act, finding or determination taken or made before that commencement that is relevant to the inquiry or proceedings will be taken to be an act, finding or determination that has effect for the purposes of the inquiry or proceedings by or before the Passenger Transport Standards Committee, and the Passenger Transport Standards Committee will be taken to have received any relevant evidence and may draw conclusions from that evidence as it thinks fit).

(13) For the avoidance of doubt, the powers conferred on the Passenger Transport Standards Committee may be exercised in relation to conduct occurring before or after the commencement of this clause.

(14) Nothing done under this clause—

(a) constitutes a breach of, or default under, an Act or other law; or

(b) constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or

(c) constitutes a breach of a duty of confidence (whether arising by contract, in equity or by custom or in any other way); or

(d) constitutes a civil or criminal wrong; or

(e) terminates an agreement or obligation or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy; or

(f) releases a surety or other obligee wholly or in part from an obligation.

(15) The Governor may, by proclamation, make any other provision of a saving or transitional nature consequent on the enactment of this Act.

(16) The Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this clause, apply with respect to the amendments effected by this Act.

(17) In this clause—

asset includes—

(a) a present, contingent or future legal or equitable estate or interest in real or personal property; or

(b) a present, contingent or future right, power, privilege or immunity,

(and includes a present or future cause of action in favour of the Passenger Transport Board);

liability includes a present, contingent or future liability or obligation (including a non-pecuniary obligation and a present or future cause of action against the Passenger Transport Board);

Minister means the Minister to whom the administration of the Passenger Transport Act 1994 is committed.

 


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