Australian Capital Territory Numbered Acts

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MOTOR OMNIBUS SERVICES (AMENDMENT) (NO. 93 OF 1994) - SECT 7

Substitution

7. Section 4C of the Principal Act is repealed and the following sections are substituted:

“4BA. (1) The Minister may—

        (a)     issue classes of concession cards; or

        (b)     approve classes of cards or documents, entitling a person to whom a card or document in that class is issued otherwise than under paragraph (a) to particular concessions or benefits;

for use in connection with motor omnibus services.

“(2) Where the Minister issues or approves classes of cards or documents under subsection (1), he or she shall, by notice published in the Gazette

        (a)     notify the classes of cards or documents issued or approved; and

        (b)     determine the nature of the concession for travel on a motor omnibus to which the holder of a card or document in a class is entitled.

“(3) A person who holds a concession card of a particular class is entitled to travel on a motor omnibus service at a concessional fare determined under paragraph (2) (b) in relation to that concession card.

“(4) A concession card issued to a person under paragraph (1) (a) is not transferable.

“4BB. (1) If a person to whom a concession card is issued under paragraph 4BA (1) (a) fails to pay a prescribed penalty and administrative charge pursuant to a final infringement notice, the Chief Executive may, by notice in writing given to that person suspend his or her concession card until a day specified in the notice (being a day not later than 3 months after the date of the notice).

“(2) The Chief Executive shall not issue a concession card to a person while his or her concession card is suspended.

“(3) A person who, without reasonable excuse, uses a concession card during any period for which it is suspended is guilty of an offence punishable, on conviction, by a fine not exceeding 5 penalty units.

“4BC . The Chief Executive shall cancel a suspension under subsection 4BB (1) on payment by the person of all amounts payable under section 13, or on the institution of proceedings to prosecute the person.

“4C. (1) A person who boards an omnibus for the purpose of undertaking a journey shall not, on boarding the omnibus, without reasonable excuse, refuse or fail—

        (a)     to validate his or her ticket; or

        (b)     where the person does not have a ticket—to purchase a ticket.

Penalty: 5 penalty units.

“(2) A person shall not for the purposes of avoiding payment of a fare for a journey, tender to be validated a ticket—

        (a)     on a day—

              (i)     other than the day; or

              (ii)     that is not within the period;

to which the ticket is applicable; or

        (b)     not being a ticket purchased by the person.

Penalty: 5 penalty units.

“(3) A person shall not for the purpose of avoiding the payment of all or part of a fare for a journey tender to the driver or an inspector, a concession card that is not a concession card issued to him or her.

Penalty: 5 penalty units.

“(4) If a driver or inspector has reasonable grounds for believing that a person has tendered—

        (a)     an invalid ticket; or

        (b)     a concession card that was not issued under paragraph 4BA (1) (a) for his or her use;

the driver or inspector, as the case may be, may require that ticket or card to be given to the driver or inspector.

“(5) A person shall not, without reasonable excuse, fail to comply with a requirement under subregulation (4).

Penalty: 5 penalty units.

“(6) A driver or inspector to whom a ticket or concession card is given under subsection (4) shall give a receipt to the person from whom it is received.”.



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