Australian Capital Territory Repealed Acts

This legislation has been repealed.

MOTOR OMNIBUS SERVICES ACT 1955

TABLE OF PROVISIONS

           Long Title

   1.      This Act may be cited as the Motor Omnibus Services Act 1955.1  
   2.      In this Act:“administrative charge” means—  
   4B.     4B. The Minister may make arrangements for the sale of tickets for use in connection with motor omnibus services.  
   4BC.    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.  
   5.      (1) There shall be 1 or more inspectors and authorised officers for the purposes of this Act.  
   6.      (1) The Chief Executive shall issue to an inspector an identity card that specifies the inspector's name and office, and on which appears a recent photograph of the inspector.  
   7.      (1) The driver of an omnibus or an inspector may request a person travelling on an omnibus to produce to the driver or inspector for inspection—  
   8.      (1) The driver of an omnibus, a police officer, an inspector, an authorised officer, and any person requested by the driver, police officer, inspector or authorised officer to assist him or her, may remove from an omnibus a person whom the driver, police officer, inspector or authorised officer has reasonable grounds for believing has committed an offence against this Act.  
   9.      (1) Where the driver of an omnibus, an inspector or an authorised officer has reasonable grounds for believing that a person has committed an offence against this Act, the driver, police officer, inspector or authorised officer may request the person to give to him or her the person's full name and address.  
   10.     (1) Where—  
   11.     A person shall not, without reasonable excuse, hinder or obstruct a driver of an omnibus, an inspector or an authorised officer in the exercise of his or her powers or the performance of his or her duties under this Act.  
   12.     (1) Where a police officer or an inspector has reasonable grounds for believing that a person has committed a prescribed offence, the police officer or inspector may serve an infringement notice on the person.  
   13.     (1) Where a person in respect of whom an infringement notice has been served fails—  
   14.     (1) In subsection (2)—“notice” means—  
   15.     (1) This section applies where an infringement notice or a final infringement notice has been served on a person and, before the expiration of the period of 28 or 14 days, respectively, after the date of the relevant notice, or within such further time as the Chief Executive allows under section 17 or 18—  
   16.     A person on whom an infringement notice or a final infringement notice is served may, by notice in writing given to the Chief Executive within 28 or 14 days, respectively, after the date of the notice, dispute liability for the offence and seek the withdrawal of the notice on the ground that—  
   17.     (1) The Chief Executive may, on receipt of a notice under section 16, withdraw the infringement notice or final infringement notice to which the notice under that section relates.  
   18.     The Chief Executive may, on application in writing by a person on whom an infringement notice or a final infringement notice has been served being made before the expiration of 28 or 14 days, respectively, after the date of service of the notice, extend the period within which a prescribed penalty shall be paid in the case of a person who is the holder of a pensioner concession card by a period not exceeding 90 days.  
   19.     (1) Nothing in section 12 or 13 shall be construed as—  
   20.     Where an infringement notice or final infringement notice is withdrawn under section 17, the Chief Executive shall refund to the person the amount of any prescribed penalty or administrative charge paid by the person in relation to the matter to which the notice under that section relates.  
   21.     (1) For the purposes of this Act a document that purports to have been signed by the Chief Executive shall be taken to have been so signed unless the contrary is proved.  
   22.     It is a defence to a prosecution under this Act if the defendant proves that the alleged offence could not have been avoided by the reasonable efforts of the defendant.  
           ENDNOTES