Victorian Numbered Acts

TRANSPORT LEGISLATION AMENDMENT ACT 2007 (NO. 69 OF 2007) - SECT 48

After section 27 of the Public Transport Competition Act 1995 insert —

    " 27A     Civil penalty provisions in operative service contracts

    (1)     In this section—

"operative service contract" means a service contract that—

        (a)         is in force on the day on which section 48 of the Transport Legislation Amendment Act 2007 comes into operation; or

        (b)     is entered into on or after the day on which section 48 of the Transport Legislation Amendment Act 2007 comes into operation.

    (2)     This section applies if—

        (a)     an operative     service contract makes provision for or with respect to a penalty—

              (i)     for a breach of the contract; or

              (ii)     for a failure (not being a breach of contract) to meet a performance requirement specified in the contract; or

              (iii)     that is payable on the termination of the contract; and

        (b)     that provision is expressed under the operative service contract to be a civil penalty provision for the purposes of this Act.

    (3)     A person is liable to pay, as a debt due to the State, the amount as required by a civil penalty provision in an operative service contract despite anything to the contrary in a rule of, or principle at, common law.".