Bus Services Industry Act 2015 · 2020 Revised Edition · Part 2 · Bus Services Procurement Framework
8. Enforcement of performance standards in public bus services contracts
Feedback & supportPerformance standards provided for by a public bus services contract are to be enforced by penalty provisions or in any other manner that the contract may provide.
performance standards
“performance standards”, for bus services, includes —(a)minimum service levels determined according to such things as the periods of time during which the services are to be operated, the extent of services and the frequency of operation of services during specified periods; and(b)performance outcomes for frequency, regularity, punctuality and accessibility of bus services, and of customer information and service,and where there are different performance standards determined by the LTA under this Act for different classes of bus services or different classes of bus operators of bus services, means the performance standards determined for that class of bus services or bus operators, as the case may be;
A person —
who breaches a public bus services contract;
who fails (being not a breach of contract) to meet a requirement specified in a public bus services contract; or
who terminates a public bus services contract,that is enforceable by a penalty provision is liable to pay, as a debt due to the LTA, an amount determined in accordance with the contract as the penalty for the breach, failure or termination, as the case may be.
A public bus services contract may provide that an amount payable under a penalty provision may also be recovered by withholding amounts otherwise payable under the contract and may contain other related provisions.
public bus services contract
“public bus services contract” means a contract entered into by the LTA under Part 2 for the provision of bus services specified in the contract;
To avoid doubt, subsection (1) does not limit the provisions of a public bus services contract that may be enforced by penalty provisions.
This section has effect despite any rule of, or principle at, common law.