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House of Assembly - Fifty-Fifth Parliament, First Session (55-1)
2024-04-10 Daily Xml
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Passenger Transport (Public Transport Infrastructure) Amendment Bill

Introduction and First Reading

The Hon. A. KOUTSANTONIS (West Torrens—Minister for Infrastructure and Transport, Minister for Energy and Mining) (15:53): Obtained leave and introduced a bill for an act to amend the Passenger Transport Act 1994. Read a first time.

Second Reading

The Hon. A. KOUTSANTONIS (West Torrens—Minister for Infrastructure and Transport, Minister for Energy and Mining) (15:53): I move:

That this bill be now read a second time.

I seek leave to have the second reading speech and explanation of clauses inserted in Hansard without my reading them.

Leave granted.

I am pleased to introduce the Passenger Transport (Public Transport Infrastructure) Amendment Bill 2024 which amends the Passenger Transport Act 1994. The introduction of this Bill supports our election commitments to safeguard and improve public transport operations in South Australia.

The Government is committed to providing high quality, reliable public transport for South Australians. As such, it is crucial that public transport infrastructure, such as bus interchanges can continue to function without hindrance. This must happen regardless of whether such infrastructure is on land owned by the Government.

The Bill creates a special infrastructure power which allows the Minister to maintain, remove, extend, alter or replace the infrastructure for regular passenger services, if that infrastructure has already been constructed at or near a hospital, tertiary education facility, shopping centre or prescribed place.

I should note that exercise of the special infrastructure power will be subject to any agreement to the contrary which comes into existence after the Act commences. Landowners or occupiers that currently permit the public transport infrastructure to operate on their land can negotiate to grant access to the Minister on different terms.

Under the amended Passenger Transport Act, it will be an offence for a person to interfere with the operation of public transport services or with the exercise of the Minister's power.

South Australians expect continued delivery of the public transport system that provides easy access to essential public and community services including work, education, medical services and supermarkets. That is what this Bill seeks to safeguard.

I seek the support of Members to progress the Bill through the House as expeditiously as possible.

I commend the Bill to the House and seek leave to have the Explanation of Clauses inserted into Hansard without my reading it.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

These clauses are formal.

Part 2—Amendment of Passenger Transport Act 1994

3—Insertion of section 24AA

This clause inserts new section 24AA as follows:

24AA—Special powers in relation to major public facilities

This proposed section provides the Minister with powers to maintain, remove, extend, alter or replace infrastructure for regular passenger services where such infrastructure has been constructed or installed at a major public facility or at a related public place for a major public facility.

If damage to property occurs (not being damage that is, in the Minister's opinion, trivial, and not being property that forms part of infrastructure for regular passenger services) and the Minister is satisfied that the damage was caused by works carried out under this section, the Minister must make reasonable efforts to make good the damage.

It is an offence for a person to, without lawful authority, hinder or obstruct a person exercising functions under this section, or the operation of, or the public's access to, public transport services at infrastructure for regular passenger services within the ambit of this section. The maximum penalty for this offence is $100,000 if the offender is a body corporate or a Division 4 fine if the offender is an individual. A person who commits this offence, or who continues to commit this offence after being convicted, by reason of a continuing act or omission, is liable to be further penalised.

At the written request of the Minister, the Registrar-General must make a notation of the existence of infrastructure for regular passenger services within the ambit of this section.

Subsection (12) defines infrastructure for regular passenger services, major public facility and related public place for a major public facility as well as other terms and phrases used in the measure.

Debate adjourned on motion of Mr Patterson.

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