Tasmanian Numbered Acts

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PASSENGER TRANSPORT SERVICES ACT 2011 (NO. 59 OF 2011) - SECT 3

Interpretation
(1)  In this Act, unless the contrary intention appears –
accredited means accredited under Part 2 as the operator of a passenger transport service or hire and drive passenger service, and accreditation has a corresponding meaning;
accredited operator means a person holding accreditation;
approved means approved by the Commission;
authorised means authorised for the purposes of section 34 , and authorisation has a corresponding meaning;
body politic includes an agency or instrumentality of the body politic;
bus operator means a person holding accreditation in respect of a passenger transport service of the kind referred to in section 11(1)(b) ;
Commission means the Transport Commission incorporated under section 4 of the Transport Act 1981 ;
continuity fees means the fees, if any, required to be paid to ensure the continuity of an accreditation or authorisation, as referred to in section 24 and section 40(1) , respectively;
conviction includes a finding of guilt without the recording of a conviction;
employee includes a person engaged, either directly or indirectly, under a contract for services;
external , accreditation, means accreditation that –
(a) is issued, granted or conferred by an external regulator; and
(b) confers on its holder, in that external regulator's jurisdiction, substantially similar status and entitlements as accreditation under this Act;
external regulator means an agency of another State having responsibilities substantially similar to those of the Commission under Part 2 ;
fare includes any form of financial consideration;
hire and drive passenger service – see section 13 ;
large passenger vehicle means, subject to any exceptions prescribed by the regulations, a motor vehicle with 10 or more seats;
manned , motor vehicle, means a motor vehicle that is furnished with a driver;
motor vehicle has the same meaning as in the Vehicle and Traffic Act 1999 ;
notify means give notice in writing;
passenger , of a motor vehicle, includes the driver of the motor vehicle;
passenger service means any service that involves the carriage of passengers on a public street by means of a motor vehicle;
passenger service contract means a contract between the Secretary and an accredited passenger transport service operator for the operation of a regular passenger service;
passenger transport service – see section 11(1) ;
person includes a body politic;
public street has the same meaning as in the Traffic Act 1925 ;
regular passenger service  – see section 35 ;
regulations means regulations made and in force under this Act;
relevant responsible person means the responsible person for the accredited service in respect of which the expression is used;
responsible person  – see section 18(3) , (4) and (5) ;
rights of review means rights of review under Part 4 ;
seat , of a motor vehicle – see section 5(3) ;
Secretary means the Secretary of the Department;
serious offence means –
(a) an offence under sections 124 , 125A , 125B , 125C , 125D , 126 and 127 of the Criminal Code ; or
(b) an offence under sections 158 , 167A , 167B , 170 and 172 of the Criminal Code ; or
(c) an offence under Chapter XIX or XX of Part V of the Criminal Code ; or
(d) an offence under section 7A , 37B or 37C of the Police Offences Act 1935 ; or
(e) an offence under section 32 of the Traffic Act 1925 ; or
(f) an offence under Division 1 of Part 3 , Part 4 or section 53 or 64 of the Vehicle and Traffic Act 1999 ; or
(g) an offence prescribed by the regulations as a serious offence for the purposes of this Act;
service means, according to the context, a passenger transport service, hire and drive passenger service or regular passenger service;
service development plan means a document prepared by the operator of a regular passenger service setting out the operator's views regarding its potential for improvement under the operator's passenger service contract;
service eligibility guidelines – see section 51 ;
service operator means the person operating the service in respect of which the expression is used;
small passenger vehicle means a motor vehicle with fewer than 10 seats;
State includes Territory;
statutory rule means a statutory rule for the purposes of the Rules Publication Act 1953 ;
transport concern – see section 11 ;
transport costs includes the cost of fuel, tolls, parking, entry fees and, if applicable, vehicle hire or leasing costs.
(2)  In this Act, a reference to a passenger service, passenger transport service, hire and drive passenger service or regular passenger service is taken to include a reference to a part of the service.



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