16AD   Performance standards

(1)  A ferry service contract is to provide for performance standards to be observed by the contract holder.

(2)  Without limiting subsection (1), the performance standards may include any model performance standards for ferry services that TfNSW may, by order published in the Gazette, approve from time to time.

(3)  Performance standards are to be enforced by civil penalty provision or in such other manner as the contract may provide.

(4)  In subsection (5), civil penalty provision means a provision of a ferry service contract that is expressed to be a civil penalty provision for the purposes of this section.

(5)  Despite anything to the contrary in any Act or other law, a person who breaches a civil penalty provision is liable to pay, as a debt due to the State, an amount determined in accordance with the ferry service contract as the penalty for the breach of that provision.

(6)  Subsections (3)–(5) do not apply to a contract between TfNSW and Sydney Ferries.