6—Exclusions from definition of regular passenger service
(1) The following are
excluded from the ambit of the definition of
"regular passenger service" in section 4(1) of the Act:
(a) a
service within the ambit of a declaration of the Minister under
subregulation (2);
(b) a
service provided as part of a Life Skills Development Program.
(2) The Minister may,
on application, make a declaration under this subregulation in respect of a
service if the Minister is satisfied—
(a)
that—
(i)
the service relates to a particular event or events, or
to a particular occasion or occasions; or
(ii)
the service is a premium service that provides special
facilities, advantages or services for a commercial fare without public
subsidy; or
(iii)
the service is designed (or principally designed) for the
carriage of tourists, or for the carriage of visitors to a particular region
or area; or
(iv)
the service is provided (and only provided) for
recreational, social or amusement purposes; or
(v)
the service is a community or other similar service not
primarily established with a view to profit or commercial gain; or
(vi)
the service is a school service arranged directly between
the operator of the service and the school, or a person or persons acting on
behalf of the school or the relevant students; or
(vii)
the service is to be provided for no more than a
specified period on a trial or experimental basis; and
(b) in
the case of a service provided in the Metropolitan Area—that the service
will not be in substitution for any existing regular passenger service
operating on the same (or substantially the same) route as part of the
"Metroticket" network; and
(c) that
the operation of the service will not unfairly or unreasonably affect other
services being provided by the holders of service contracts under the Act; and
(d) that
it is appropriate for the service to be provided on a basis other than under a
service contract under Part 5 of the Act; and
(e)
that, taking into account any other matter determined by the Minister to be
relevant in a particular case, it is appropriate and reasonable to make a
declaration under this regulation.
(3) Unless sooner
revoked by the Minister, a declaration under subregulation (2) expires at
the end of a period (not exceeding 5 years) specified by the Minister at
the time of the declaration or, if no period is so specified, at the end of
5 years.
(4) A declaration
under subregulation (2) ceases to have effect if the person who is the
operator of the relevant service at the time of the declaration transfers or
assigns the service, or otherwise ceases to control or to operate the service.
(5) If the Minister
makes a declaration under subregulation (2), the operator of the relevant
service must—
(a) give
notice of the fare or fares (if any) to be charged for the service, and
provide other information for the benefit of the public as the Minister thinks
fit, in a manner and form determined by the Minister; and
(b)
provide to the Minister information about patronage levels for the service,
and other information as the Minister thinks fit, in a manner and form, and at
intervals, determined by the Minister; and
(c)
comply with other conditions (if any) determined by the Minister on account of
the making of the declaration.
(a)
revoke a declaration under this regulation (and the relevant service will then
cease to be excluded from the ambit of the definition);
(b) vary
a determination or condition under subregulation (5).
(7) A condition may be
varied by the addition, substitution or deletion of 1 or more conditions.
(8) The Minister must,
before taking action under subregulation (6)—
(a) give
the operator of the service written notice of the action under consideration;
and
(b)
allow the operator at least 14 days to make submissions to the Minister (in a
manner and form determined by the Minister) about the proposed course of
action; and
(c)
after complying with paragraphs (a) and (b), and after considering any
submissions and determining to proceed with the action, give the operator at
least 14 days written notice of the action.
(9) The Minister must
ensure—
(a) that
a record of the declarations under this regulation is kept available for
inspection by members of the public (without charge and during normal office
hours) at the principal office of the Department; and
(b) that
information about declarations made under this regulation in a particular
financial year is included in the annual report prepared under
section 24A of the Act.