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In force2020 Revised Edition

Part 5 · Train Service Operator

27. Contents of cross-border train service contract

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(1)

A cross-border train service contract —

(a)

must specify the term of the contract;

(b)

must be subject to a condition precedent that requires the train service operator under the contract to obtain a cross‑border train service licence before providing a cross‑border train service on that cross‑border railway; and

(c)

must not provide for an option to renew the contract exercisable by the train service operator.

(2)

A cross‑border train service contract may make provision in relation to the provision of a cross‑border train service under the contract, and the administration of the contract, including —

(a)

the fees (if any) payable under the contract;

(b)

monetary or other penalties —

(i)

for a breach of the contract;

(ii)

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

(iii)

payable on the termination of the contract; and

(c)

the records (including accounts) to be made and kept, and how they are to be made and kept.

(3)

Subsection (2) does not limit the matters about which a cross‑border train service contract may make provision.

(4)

A cross-border train service contract that is inconsistent with subsection (1) is void to the extent of that inconsistency.

Report

Part 6

General Provisions for Licences

Part 7

Monitoring Compliance

Part 8

Cross‑Border Railway Administration

Part 9

Safety and Security Matters

Part 10

Miscellaneous

Part 11

Amendments to Other Acts