2016
2016
2017-10-20
act
government
publicgeneral
act.reprint
act-1987-015
partuncommenced
2016-06-02
2016-06-02
0
2016
none
act-2016-034
f13e3e07-a8a4-48d1-ab7f-7cd193994c6a
4d5d5c1c-0c3c-4abc-95c4-89a91a058179
Does not include amendments
by:
Cl 2 of Sch 3 to this Act (cl 2 of Sch 3 repeals
Sch 3 on a day to be appointed by order)
Point to Point Transport (Taxis and
Hire Vehicles) Regulation 2017 (424) (not commenced
— to commence on 1.11.2017)
See
also:
Road Transport and Related Legislation
Amendment Bill 2017
Note—
Amending provisions are subject to automatic
repeal pursuant to sec 30C of the Interpretation
Act 1987 No 15 once the amendments have taken
effect.
An Act with respect to taxi and passenger hire
vehicle services and booking services; and for other
purposes.
Part 1Preliminary
1Name of
Act
This Act is the Point to Point
Transport (Taxis and Hire Vehicles) Act
2016.
2Commencement
(1)
This Act commences on a day or days to be
appointed by proclamation, except as provided by subsection
(2).
(2)
This Part, Parts 9 and 11, clause 1 of Schedule 2
and Schedules 3 and 5 [25] commence on the date of assent to this
Act.
3Definitions
(1)
In this Act:
affiliated provider—see
section 5 (1).
authorised means authorised under
this Act for the time being.
authorised officer means an
authorised officer appointed under Division 1 of Part 7 or a police
officer.
bus means:
(a)
a motor vehicle that seats more than 12 adults
(other than a vehicle prescribed by the regulations), or
(b)
a vehicle of any class prescribed by the
regulations for the purposes of this definition.
close
associate—see section 33.
Commissioner means the Point to
Point Transport Commissioner appointed under this Act.
means the transport, by a motor vehicle,
of specified individuals or specified classes of individuals under a community
transport agreement entered into by the provider of the service with
TfNSW.
conviction for a disqualifying
offence—see section 32 (4).
disqualifying offence—see
section 32 (1).
facilitate the provision of a taxi
service—see section 5 (3).
fare includes any consideration paid
or given to use a passenger service (whether or not it is paid or given to the
provider of a booking service or the passenger service, a driver or any other
person), but does not include a consideration of a kind prescribed by the
regulations for the purposes of this definition.
hire
vehicle—see section 6.
IPART means the Independent Pricing
and Regulatory Tribunal established under the Independent
Pricing and Regulatory Tribunal Act 1992.
licensed means licensed under this
Act for the time being.
motor
vehicle means a vehicle that is built to be propelled by a
motor that forms part of the vehicle, but does not include an aircraft, a
train or a vessel.
nominated
director or manager of a taxi service or a booking service
means a director or manager of the service who is nominated for the time being
under Part 3.
owner of a taxi or hire vehicle
means the person who is the registered operator of the vehicle within the
meaning of the Road Transport Act
2013.
passenger—see section 4
(1).
passenger
service—see section 4.
premises include a place or
vehicle.
provide a
booking service—see section 7.
provide a
passenger service—see section 4.
provide a
taxi service—see section 5 (2).
provider of a booking service,
passenger service or taxi service means the person who provides the
service.
RMS means Roads and Maritime
Services constituted under the Transport Administration Act
1988.
road means a road within the meaning
of section 4 (1) of the Road Transport Act
2013 (other than a road that is the subject of a
declaration made under section 18 (1) (b) of that Act relating to all of the
provisions of that Act).
road
related area means a road related area within the meaning of
section 4 (1) of the Road Transport Act
2013 (other than a road related area that is the subject
of a declaration made under section 18 (1) (b) of that Act relating to all of
the provisions of that Act).
safety
duty—see section 9 (1).
safety
standard—see section 9 (2).
taxi—see section 5
(1).
taxi
licence means a licence issued under Part 4.
taxi
service—see section 5 (1).
TfNSW means Transport for NSW
constituted under the Transport Administration Act
1988.
Note—
The Interpretation
Act 1987 contains definitions and other provisions that
affect the interpretation and application of this Act.
(2)
Notes included in this Act do not form part of
this Act.
4Passenger
services
(1)
In this Act:
passenger does not include a person
employed with respect to a passenger service or the provision of a booking
service or any person carrying out work for the provider of a passenger
service or booking service, or any authorised officer, while carrying out work
or on duty in that capacity.
passenger
service means the transport, by a motor vehicle (other than
a bus), of passengers within, or partly within, this State for a fare.
Note—
A taxi service is a type of passenger service, as
is a service provided using a hire vehicle.
provide a
passenger service means carry on the business of providing a
passenger service.
Note—
This includes providing a taxi
service.
(2)
The following services are not passenger
services:
(a)
a community transport
service,
(b)
a service conducted according to regular routes
and timetables or according to regular routes and at regular
intervals,
(c)
a service conducted according to one or more
regular routes, in which each passenger is transported for a distance of not
less than 40 kilometres.
(3)
A service that provides transport by a motor
vehicle that is generally conducted on land that is not a road or road related
area is not a passenger service.
(4)
The regulations may provide that the provision of
any transport prescribed by the regulations for the purposes of this section
is or is not a passenger service.
5Taxi services and
taxis
(1)
In this Act:
affiliated provider means a person
who provides a taxi service and who, for that purpose, obtains services from
another provider who facilitates the provision of that taxi
service.
taxi means a motor vehicle used to
provide a taxi service.
taxi
service means a passenger service where the transport is by
a motor vehicle that:
(a)
plies or stands for hire on a road or road
related area, or
(b)
is authorised under this Act to ply or stand for
hire on a road or road related area (whether or not the motor vehicle is hired
by other means for the purposes of providing the passenger
service).
(2)
In this Act, provide a
taxi service means carry on the business of:
(a)
facilitating the provision of a taxi service,
or
(b)
providing a taxi
service.
(3)
A person facilitates the provision of a taxi
service if the person carries on the business of providing
any one or more of the following services for taxis operating under a common
service name and that are marked or painted in a uniform way:
(a)
co-ordination of the provision of taxi
services,
(b)
provision, co-ordination or monitoring of
security facilities for taxis,
(c)
setting of fares that may be charged for taxi
services,
Note—
A fare set by a facilitator of a taxi service
cannot contravene a fares order (see section 76).
(d)
co-ordination or provision of safety management
systems for taxi services.
(4)
Subsection (3) does not limit the operation of
subsection (2) (a).
(5)
The regulations may provide:
(a)
that a person who carries on a business
prescribed by the regulations for the purposes of this section is or is not
the provider of a taxi service, or
(b)
that the provision of any transport service
prescribed by the regulations for the purposes of this section is or is not
the provision of a taxi service.
6Hire
vehicles
In this Act, a hire
vehicle means a motor vehicle that is used to provide a
passenger service that is not a taxi service.
7Booking
services
(1)
In this Act, provide a
booking service means carry on the business of:
(a)
taking bookings for taxis or hire vehicles to
provide passenger services (whether immediately or at a later time),
and
(b)
communicating the bookings to drivers for
passenger services or providers of passenger
services.
(2)
To avoid doubt, a person provides a booking
service if:
(a)
the person contracts with, or arranges for, other
persons to provide the passenger service for which a booking service is
provided, or
(b)
the person provides a passenger service and takes
bookings for that service.
(3)
For the purpose of determining whether a person
provides a booking service, it does not matter:
(a)
that a booking is obtained or communicated
remotely by means of an electronic device or other means not directly provided
by the person who provides the booking service, or
(b)
that the provider of the booking service is
located outside the State, if the passenger service is provided wholly or
partly within this State.
Note—
In this Act, a passenger service involves
transport of passengers wholly or partly within this
State.
(4)
The regulations may provide:
(a)
that a person who carries on a business
prescribed by the regulations for the purposes of this section does or does
not provide a booking service, or
(b)
that the provision of a service or other thing
prescribed by the regulations for the purposes of this section is or is not
the provision of a booking service.
8Act to bind
Crown
This Act binds the Crown in right of New South
Wales and, in so far as the legislative power of the Parliament of New South
Wales permits, the Crown in all its other capacities.
Part 2Safety of
services
Division 1Safety
duties—principles
9Safety duties and
standards
(1)
In this Act, the safety duties for providers of
passenger services and booking services, officers of providers and drivers for
passenger services, are the duties that they have under Division
2.
(2)
In this Act, the safety standards for providers of
passenger services and booking services, holders of taxi licences, owners of
taxis and hire vehicles and drivers are the standards specified under Division
3.
10Principles applying to safety
duties
(1)
A safety duty cannot be transferred to another
person.
(2)
A person can have more than 1 duty by virtue of
being in more than 1 class of duty holder.
(3)
More than 1 person can concurrently have the same
safety duty.
(4)
If more than 1 person has a safety duty for the
same matter, each person:
(a)
retains responsibility for the person’s
duty in relation to the matter, and
(b)
must discharge the person’s duty to the
extent to which the person has the capacity to influence and control the
matter or would have had that capacity but for an agreement or arrangement
purporting to limit or remove that capacity.
11What is “reasonably
practicable” in ensuring safety
In this Act, reasonably practicable, in relation
to a safety duty, means that which is, or was at a particular time, reasonably
able to be done in relation to ensuring health and safety, taking into account
and weighing up all relevant matters including:
(a)
the likelihood of the hazard or the risk
concerned occurring, and
(b)
the degree of harm that might result from the
hazard or the risk, and
(c)
what the person concerned knows, or ought
reasonably to know, about:
(i)
the hazard or the risk, and
(ii)
ways of eliminating or minimising the risk,
and
(d)
the availability and suitability of ways to
eliminate or minimise the risk, and
(e)
after assessing the extent of the risk and the
available ways of eliminating or minimising the risk, the cost associated with
available ways of eliminating or minimising the risk, including whether the
cost is grossly disproportionate to the risk.
Division 2Primary duty of
care
12Primary duty of care of
passenger service providers
(1)
The provider of a passenger service must ensure,
so far as is reasonably practicable, the health and safety of drivers and
other persons while they are engaged in providing the service and of
passengers or other persons in connection with the provision of the
service.
(2)
Without limiting subsection (1), the provider of
a passenger service must:
(a)
eliminate risks to safety, so far as is
reasonably practicable, and
(b)
if it is not reasonably practicable to eliminate
risks to safety, minimise those risks so far as is reasonably
practicable.
13Primary duty of care of
booking service providers
(1)
The provider of a booking service must ensure, so
far as is reasonably practicable, the health and safety of drivers and other
persons while they are engaged in providing a passenger service resulting from
the use of the booking service and of passengers and other persons in
connection with a passenger service resulting from the use of the booking
service.
(2)
Without limiting subsection (1), the provider of
a booking service must:
(a)
eliminate risks to safety, so far as is
reasonably practicable, and
(b)
if it is not reasonably practicable to eliminate
risks to safety, minimise those risks so far as is reasonably
practicable.
14Duty of
officers
(1)
If a provider of a passenger service or booking
service has a safety duty under this Act (a duty holder), an officer of the duty
holder must exercise due diligence to ensure that the duty holder complies
with that duty or obligation.
(2)
An officer of a duty holder may be convicted or
found guilty of an offence under this Act relating to a duty under this
section whether or not the duty holder has been convicted or found guilty of
an offence under this Act relating to the duty or
obligation.
(3)
In this section:
due
diligence includes taking reasonable steps:
(a)
to acquire and keep up-to-date knowledge of
safety matters relating to passenger services, and
(b)
to gain an understanding of the nature of the
operations of the passenger service provided by the duty holder, or for which
the duty holder provides a booking service, and generally of the hazards and
risks associated with the operation of the passenger service,
and
(c)
to ensure that the duty holder has available for
use, and uses, appropriate resources and processes to eliminate or minimise
risks to health and safety from the operation of the passenger service,
and
(d)
to ensure that the duty holder has appropriate
processes for receiving and considering information regarding incidents,
hazards and risks and responding in a timely way to that information,
and
(e)
to ensure that the duty holder has, and
implements, processes for complying with any safety duty of the duty holder,
and
(f)
to verify the provision and use of the resources
and processes referred to in paragraphs
(c)–(e).
officer:
(a)
in relation to a body corporate, has the same
meaning as officer has in relation to a corporation under section 9 of the
Corporations Act 2001 of the
Commonwealth, and
(b)
in relation to any other person, means an
individual who makes, or participates in making, decisions that affect the
whole, or a substantial part, of the passenger service or booking service
provided by the person.
15Duty of
drivers
The driver of a motor vehicle being used for a
passenger service must, while the vehicle is being used for that
purpose:
(a)
take reasonable care for his or her own health or
safety, and
(b)
take reasonable care that his or her own acts or
omissions do not adversely affect the health and safety of other persons,
and
(c)
comply, so far as the driver is reasonably able,
with any reasonable instruction that is given by the person providing the
passenger service or a booking service to allow the person to comply with this
Act, and
(d)
co-operate with any reasonable policy or
procedure of the provider of the passenger service or a booking service
relating to health or safety in connection with the provision of a passenger
service that has been notified to drivers.
16Safety duty
offence—Category 1
(1)
A person commits a Category 1 offence if:
(a)
the person has a safety duty,
and
(b)
the person, without reasonable excuse, engages in
conduct that exposes an individual to whom that duty is owed to a risk of
death or serious injury or illness, and
(c)
the person is reckless as to the risk of an
individual death or serious injury or illness.
Maximum penalty:
(a)
in the case of an individual—$300,000 or 2
years imprisonment, or both, or
(b)
in the case of a body
corporate—$3,000,000.
(2)
The prosecution bears the burden of proving that
the conduct was engaged in without reasonable excuse.
17Safety duty
offence—Category 2
A person commits a Category 2 offence if:
(a)
the person has a safety duty,
and
(b)
the person fails to comply with that duty,
and
(c)
the failure exposes an individual to a risk of
death or serious injury or illness.
Maximum penalty:
(a)
in the case of an individual—$150,000,
or
(b)
in the case of a body
corporate—$1,500,000.
18Safety duty
offence—Category 3
A person commits a Category 3 offence if:
(a)
the person has a safety duty,
and
(b)
the person fails to comply with that
duty.
Maximum penalty:
(a)
in the case of an individual—$50,000,
or
(b)
in the case of a body
corporate—$500,000.
19Multiple contraventions of
safety duty provisions
(1)
Two or more contraventions of a provision of this
Division by a person that arise out of the same factual circumstances may be
charged as a single offence or as separate offences.
(2)
This section does not authorise contraventions of
2 or more provisions of this Division to be charged as a single
offence.
(3)
A single penalty only may be imposed in relation
to 2 or more contraventions of this Division that are charged as a single
offence.
Division 3Safety
standards
20Standards for passenger
service providers and booking service providers
(1)
The regulations may specify safety standards
for:
(a)
the providers of passenger services or booking
services in respect of passenger services that are provided or facilitated by
them or for which booking services are provided, and
(b)
the providers of booking services in respect of
booking services.
(2)
Safety standards may be specified with respect to
any of the following:
(a)
drivers (including driver licence requirements,
competence, qualifications, driving records, criminal records, identification
and fitness or medical requirements),
(b)
safety and registration of vehicles used for a
passenger service and other requirements for those vehicles (including
maintenance and security requirements),
(c)
insurance,
(d)
reporting of safety incidents or
accidents,
(e)
records relating to vehicles, drivers and
bookings,
(f)
provision of information to
passengers,
(g)
safety management
systems.
(3)
Subsection (2) does not limit the matters for
which safety standards may be specified.
21Standards for
drivers
(1)
The regulations may specify safety standards for
drivers who drive motor vehicles used for passenger
services.
(2)
Safety standards may be specified with respect to
any of the following:
(a)
driver licence requirements, competence,
qualifications, driving records, criminal records, identification and fitness
or medical requirements,
(b)
reporting of changes in health or other
matters,
(c)
reporting of safety incidents or
accidents,
(d)
compliance with safety requirements established
by providers of passenger services or booking services,
(e)
provision of information to providers of
passenger services or booking services.
(3)
Subsection (2) does not limit the matters for
which safety standards may be specified.
22Standards for owners and taxi
licence holders
(1)
The regulations may specify safety standards in
respect of owners of motor vehicles that are hire vehicles or taxis used for
passenger services or holders of taxi licences.
(2)
Safety standards may be specified with respect to
any of the following:
(a)
safety and registration of the vehicles and other
requirements for the vehicles (including maintenance and security requirements
and insurance),
(b)
drivers of the vehicles when used to provide
passenger services (including driver licence requirements, competence,
qualifications, driving records, criminal records, identification and fitness
or medical requirements),
(c)
reporting of changes in ownership or other
arrangements relating to vehicles or of other matters,
(d)
records relating to the
vehicles,
(e)
reporting of safety incidents or
accidents,
(f)
compliance with safety requirements established
by providers of passenger services or booking services,
(g)
provision of information to providers of
passenger services or booking services.
(3)
Subsection (2) does not limit the matters for
which safety standards may be specified.
Note—
Under section 64 a reference to the holder of a
taxi licence includes a person to whom the licence is leased or subleased or
who has the benefit of the licence under another
arrangement.
23Safety standards
offences
(1)
The regulations may make it an offence for the
provider of a passenger service or a booking service, a driver or owner of a
taxi or a hire vehicle or the holder of a taxi licence to contravene or to
fail to ensure compliance with a safety standard specified by the
regulations.
(2)
The regulations may make it an offence for the
provider of a passenger service or a booking service, a driver or owner of a
taxi or a hire vehicle or the holder of a taxi licence to fail to ensure, so
far as is reasonably practicable, that a safety standard (whether or not it is
specified for that person) is complied with.
(3)
The same safety standard may be specified for
more than 1 class of persons.
Division 4Miscellaneous
24Notifiable
occurrences
(1)
The provider of a passenger service or booking
service must report to the Commissioner, in accordance with the regulations,
on any notifiable occurrence that affects the service (including a notifiable
occurrence involving a passenger service for which a booking service provides
bookings).
Maximum penalty: 100 penalty
units.
(2)
In this section, a notifiable occurrence means:
(a)
an accident or incident associated with the
provision of a passenger service that has, or could have, caused significant
property damage, serious injury or death, or
(b)
an accident or incident of a kind that is
prescribed by the regulations for the purposes of this
section.
25Dismissal or other
victimisation of worker
(1)
This section applies to:
(a)
a person who dismisses a worker, terminates a
contract for services or bailment with a worker or alters the position of a
worker to the worker’s detriment, and
(b)
a person who threatens to do any of those things
to a worker, and
(c)
a person who refuses or fails to offer to engage
a prospective worker, or treats a prospective worker less favourably than
another prospective worker would be treated in offering terms of
engagement.
(2)
The person is guilty of an offence if the person
engaged in that conduct because the worker or prospective worker or other
person:
(a)
has assisted or has given any information to a
public authority in respect of a breach or alleged breach of this Act or the
regulations, or
(b)
has made a complaint about a breach or alleged
breach of this Act or the regulations to the person, a fellow worker, union,
public authority or public official, or
(c)
assists or has assisted, or gives or has given
any information to, a public agency in respect of a breach or alleged breach
of this Act or the regulations, or
(d)
has made a complaint about a breach or alleged
breach of this Act or the regulations to a former employer or bailor, former
fellow worker, union, public authority or public
official.
Maximum penalty:
(a)
in the case of an individual—100 penalty
units, or
(b)
in the case of a body corporate—500 penalty
units.
(3)
A person may be guilty of an offence against
subsection (2) only if the reason mentioned in subsection (2) (a), (b), (c) or
(d) is the dominant reason why the person engaged in the
conduct.
(4)
In proceedings for an offence against subsection
(2), if all the facts constituting the offence other than the reason for the
defendant’s conduct are proved, the defendant bears the onus of proving
that the reason alleged in the charge was not the dominant reason why the
defendant engaged in the conduct.
(5)
If a person is convicted or found guilty of an
offence against this section, the court may (in addition to imposing a
penalty) make either or both of the following orders:
(a)
an order that the offender pay (within a
specified period) such damages to the worker or prospective worker or other
person against whom the offender discriminated as the court considers
appropriate to compensate him or her,
(b)
an order that:
(i)
the worker be re-engaged in his or her former
position or if that position is not available, in a similar position, or on
the same terms, or
(ii)
the prospective worker be engaged in the position
for which he or she had applied or a similar
position.
(6)
In this section:
public
authority includes the Commissioner, RMS, TfNSW, an
authorised officer, a police officer of another jurisdiction, an officer of a
government sector agency (within the meaning of the Government Sector Employment Act 2013),
a NSW government agency or an agency of the Commonwealth or another State or
Territory.
worker includes an employee, an
individual who works as a contractor or subcontractor and an individual who is
engaged as a bailee.
26Relationship with work, health
and safety and heavy vehicle legislation
(1)
If a provision of this Act and a provision of the
Work Health and Safety Act 2011 or the
Heavy Vehicle National Law (NSW)
(other
applicable law) deal with the same thing, and it is possible
to comply with both provisions, a person must comply with both
provisions.
(2)
However, to the extent it is not possible to
comply with both provisions, the person must comply with the provision of the
other applicable law.
(3)
Evidence of a relevant contravention of this Act
is admissible in any proceeding for any offence under another applicable
law.
(4)
If an act, omission or circumstance constitutes
an offence under this Act and another applicable law, the offender is not
liable to be punished twice for the offence.
(5)
Compliance with this Act or the regulations, or
with any requirement imposed under this Act or the regulations is not, in
itself, evidence that a person has complied with another applicable law or
with a common law duty of care.
Part 3Authorisation of providers of
taxi services and booking services
Division 1Authorisation
offences
27Provider of taxi service or
booking service must be authorised
(1)
A person must not provide a taxi service or
booking service unless the person is authorised to provide that
service.
Maximum penalty: $110,000.
(2)
An affiliated provider is not required to be
authorised to provide a taxi service if the provision of that service is
facilitated by another authorised provider of a taxi
service.
(3)
A person who provides a passenger service must
ensure that bookings for that service are not taken from the provider of a
booking service unless the provider is authorised to provide that service
under this Act.
Maximum penalty: $110,000.
(4)
A driver who drives a motor vehicle used for a
passenger service must not take bookings for the passenger service from the
provider of a booking service unless the provider is authorised to provide
that service under this Act.
Maximum penalty: 100 penalty
units.
28Aggravated provision of
unauthorised services
(1)
A person is guilty of the offence of aggravated
provision of an unauthorised taxi service or booking service if the person
commits an offence under section 27 (1) in circumstances of
aggravation.
Maximum penalty (instead of any penalty under
section 27 (1)):
(a)
in the case of an individual—$50,000,
or
(b)
in the case of a body corporate:
(i)
if a court determines that one or more persons
have obtained benefits that are reasonably attributable to the commission of
the offence and can determine the total value of those benefits—3 times
that total value or $10,000,000, whichever is the greater,
or
(ii)
if the court does not determine that one or more
persons have obtained any such benefits whose value can be
determined—$500,000.
(2)
For the purposes of this section, an offence
under section 27 (1) is committed by a person in circumstances of aggravation
in the case of a taxi service if the person:
(a)
commits the offence (wholly or partly) by
facilitating the provision of taxi services, and
(b)
recruits affiliated providers or other persons
for the purpose of providing the taxi services facilitated,
and
(c)
has previously been convicted of an offence under
section 27 (1) in the circumstances specified in paragraphs (a) and
(b).
(3)
For the purposes of this section, an offence
under section 27 (1) is committed by a person in circumstances of aggravation
in the case of a booking service if the person:
(a)
is not the provider of the passenger service for
which the booking service is provided, and
(b)
recruits other persons for the purpose of
providing the passenger service for which the booking service is provided,
and
(c)
has previously been convicted of an offence under
section 27 (1) in the circumstances specified in paragraphs (a) and
(b).
(4)
If the court is satisfied that a person charged
with an offence of aggravated provision of an unauthorised taxi service or
booking service is not guilty of that offence but is satisfied on the evidence
that the person is guilty of an offence under section 27 (1), the court may
find the person guilty of the offence under that section, and the person is
liable to punishment accordingly.
29Provider of taxi service or
booking service must comply with authorisation
conditions
A provider of a taxi service or booking service
must not contravene a condition of the provider’s
authorisation.
Maximum penalty: $110,000.
Division 2Applications for
authorisation
30Applications for
authorisation
(1)
The following may apply for authorisation to
provide a taxi service or booking service:
(a)
an individual,
(b)
2 or more persons who intend to carry on the
service jointly under a partnership or other agreement,
(c)
a body corporate incorporated under a law of this
or any other jurisdiction (including the Corporations Act
2001 of the Commonwealth, the Associations Incorporation Act 2009 and
the Co-operatives National Law
(NSW)),
(d)
any other entity prescribed by the
regulations.
(2)
An application for authorisation is to be made to
the Commissioner.
(3)
An application is:
(a)
to be in a form approved by the Commissioner,
and
(b)
to contain the information that the Commissioner
requires to be provided, and
(c)
in the case of a body corporate, to specify 1 or
more directors or managers as nominated directors or managers for the purposes
of this Act, and
(d)
to be accompanied by the fee prescribed by the
regulations.
(4)
The Commissioner may, by written notice given to
the applicant, require the applicant to provide further information relevant
to the application that is specified in the notice.
(5)
The Commissioner may from time to time determine
the number of persons who are to be nominated as directors or managers under
this section, either generally or in any particular case or class of
cases.
31Determination of applications
for authorisation generally
(1)
The Commissioner may determine an application for
authorisation to provide a taxi service or booking service by granting or
refusing the application.
(2)
The Commissioner must not grant an application
for authorisation unless satisfied that the applicant meets the general
standards for authorisation or the standards for a current
provider.
(3)
The general standards for authorisation are as
follows:
(a)
that the applicant has not been convicted of a
disqualifying offence and that there are no current proceedings against the
applicant for a disqualifying offence,
(b)
that a close associate of the applicant has not
been convicted of a disqualifying offence and that there are no current
proceedings against a close associate of the applicant for any such
offence,
(c)
in the case of a body corporate, that the
directors or managers nominated for the purposes of this Part are directly
involved in the day-to-day management of the service and that at least one of
the directors or managers nominated is a resident of this
State,
(d)
in the case of a body corporate, that none of the
directors or managers nominated for the purposes of this Part have been
convicted of a disqualifying offence and that there are no current proceedings
against any of those directors or managers for a disqualifying
offence.
(4)
The standards for a current provider are as
follows:
(a)
that the applicant is the holder of an
authorisation under this Act to provide another service of the same or a
different kind,
(b)
that the applicant has demonstrated that the
applicant complies with any standards applicable to the authorisation being
applied for that are additional to those for the authorisation currently
held,
(c)
that the applicant is not the subject of any
action being taken or proposed to be taken by the Commissioner relating to an
authorisation held by the applicant.
(5)
In the case of a joint application for an
authorisation, each person applying for the joint authorisation must meet the
requirements for authorisation.
(6)
The regulations may prescribe additional
standards that are required to be met for authorisation, either generally or
in a particular case or class of cases.
32Disqualifying
offences
(1)
For the purposes of this Act, a disqualifying offence is an offence
(under the law of this State or any other jurisdiction) prescribed by the
regulations for the purposes of this section.
(2)
The regulations may prescribe:
(a)
different disqualifying offences for taxi service
providers, booking service providers and close associates,
and
(b)
different disqualifying offences for different
categories of taxi service providers and booking service providers,
and
(c)
circumstances in which an offence is or is not a
disqualifying offence.
(3)
This Act extends to convictions by courts for
disqualifying offences whether or not the convictions occurred before the
commencement of this Act.
(4)
In this Act, a conviction for a disqualifying
offence includes a finding that the charge for an offence is proven, or that a
person is guilty of an offence, even though the court does not proceed to a
conviction.
33Close
associates
(1)
The Commissioner may refuse to grant an
authorisation on the ground that a close associate of the applicant has
previously held an authorisation (whether for the operation of the same or a
different service) that has been cancelled.
(2)
For the purposes of this Act, a person is a
close
associate of an applicant for authorisation as a provider of
a taxi service or booking service, or a provider of a service, if the
person:
(a)
holds or will hold any relevant financial
interest, or is or will be entitled to exercise any relevant power (whether in
the person’s own right or on behalf of any other person), in the
business of the applicant or provider that is or will be carried on under the
authority of the authorisation, and by virtue of that interest or power is or
will be able (in the opinion of the Commissioner) to exercise a significant
influence over or with respect to the management or operation of that
business, or
(b)
holds or will hold any relevant position, whether
in the person’s own right or on behalf of any other person, in the
business of the applicant or provider that is or will be carried on under the
authority of the authorisation, or
(c)
is or will be engaged as a contractor or employed
in the business of the applicant or provider that is or will be carried on
under the authority of the authorisation.
(3)
For the purposes of this section, a financial
institution is not a close associate by reason only of having a relevant
financial interest in relation to a business.
(4)
The provisions of this section extend to relevant
financial interests and relevant powers even if those interests and powers are
not payable, exercisable or otherwise enforceable as a matter of law or
equity, but are nevertheless payable, exercisable or otherwise enforceable as
a matter of fact.
(5)
In this section:
relevant
financial interest, in relation to a business, means:
(a)
any share in the capital of the business,
or
(b)
any entitlement to receive any income derived
from the business, or to receive any other financial benefit or financial
advantage from the carrying on of the business, whether the entitlement arises
at law or in equity or otherwise, or
(c)
any entitlement to receive any rent, profit or
other income in connection with the use or occupation of premises on which the
business is or is to be carried on (such as, for example, an entitlement of
the owner of the premises at which the business is carried on to receive rent
as lessor of the premises).
relevant
position means:
(a)
the position of director, manager or corporate
secretary, or
(b)
any other position, however designated, if it is
an executive position.
relevant
power means any power, whether exercisable by voting or
otherwise and whether exercisable alone or in association with others:
(a)
to participate in any directorial, managerial or
executive decision, or
(b)
to elect or appoint any person to any relevant
position.
34Grants of
authorisation
(1)
An authorisation to provide a taxi service or
booking service granted by the Commissioner may authorise the provider:
(a)
to provide 1 or more specified services,
or
(b)
to operate a service having specified
characteristics.
(2)
The Commissioner may grant an application for
authorisation unconditionally or subject to the conditions specified in the
authorisation.
Note—
The Commissioner may also vary or revoke the
conditions of an authorisation at any time (see section
40).
35Form of
authorisation
An authorisation is to be in the form approved by
the Commissioner.
36Term of
authorisation
(1)
An authorisation is in force for the period
specified by the Commissioner in the authorisation unless it is sooner
cancelled.
(2)
An authorisation does not have effect while
suspended and the suspension of an authorisation does not affect the day on
which the term of an authorisation expires.
37Renewal of
authorisation
(1)
An authorisation may be renewed on application to
the Commissioner made before the authorisation expires.
(2)
This Act applies to an application for the
renewal of an authorisation in the same way as it applies to an application
for an authorisation.
38Notice of authorisation
decision
(1)
The Commissioner must give an applicant for
authorisation or renewal of an authorisation written notice of the decision on
the application.
(2)
If notice of a decision is not given to an
applicant within 90 days of an application being made, the application is
taken to have been refused.
(3)
Subsection (2) does not prevent an application
from being granted after the period of 90 days has
elapsed.
39Joint
authorisation
(1)
If 2 or more persons are jointly authorised to
provide a taxi service or booking service, each of those persons has the
obligations of a provider of that service under this Act and the
regulations.
(2)
A person (other than an individual) that is
jointly authorised to provide a taxi service or booking service must meet the
same standards for authorisation as a body corporate seeking authorisation in
its own right.
Division 3Conditions of
authorisation
40Conditions of authorisation
generally
(1)
An authorisation to provide a taxi service or
booking service is subject to the following conditions:
(a)
any conditions imposed by the Commissioner and in
force from time to time,
(b)
any conditions specified by this Act or
prescribed by the regulations.
(2)
The Commissioner may at any time, by written
notice given to an authorised provider, impose a condition on the
authorisation or vary or revoke a condition of the authorisation imposed by
the Commissioner.
(3)
The Commissioner must not impose a condition on
an authorisation that is inconsistent with this Act or the
regulations.
41Changes to nominated directors
and managers
(1)
A provider of a taxi service or booking service
may, by written notice given to the Commissioner, nominate, or revoke the
nomination of, a director or manager for the purposes of this
Part.
Note—
An authorisation may be suspended or cancelled if
the provider does not meet an authorisation standard, including the
requirement that a nominated director or manager be directly involved in the
day-to-day management of a taxi or booking service. An authorisation is
automatically suspended if there are no nominated directors or managers for a
body corporate.
(2)
It is a condition of the authorisation of a body
corporate that the body corporate give written notice to the Commissioner,
within 21 days, if a director or manager of the body corporate who has been
nominated for the purposes of this Part dies or ceases to be a director or
manager of the body corporate.
42Safety
standards
It is a condition of an authorisation to provide
a taxi service or booking service that the provider comply with the safety
standards for a provider of any such service.
43Availability of
documents
It is a condition of an authorisation to provide
a taxi service or a booking service that the provider keep any records
required to be kept by the provider under this Act, or under the Taxation Administration Act 1996 in its
application to the passenger service levy, in this State or in a form that may
be accessed from, or made available in, this State.
44Taxi
identification
It is a condition of the authorisation of a
provider of a taxi service that each taxi used to provide the service is
identified as a taxi and is marked or painted in a uniform way that identifies
it as a taxi used by the service.
Division 4Variation, suspension or
cancellation of authorisation
45Variation, suspension or
cancellation of authorisation generally
The Commissioner may vary, suspend or cancel an
authorisation to provide a taxi service or booking service if:
(a)
the provider does not comply with a standard
required to be met for authorisation to provide the service to which the
authorisation relates, or
(b)
the provider fails to comply with a condition of
the authorisation, or
(c)
the provider fails to comply with this Act or the
regulations, or
(d)
a close associate of the provider has previously
held an authorisation (whether for the operation of the same or a different
service) that has been cancelled, or
(e)
in the opinion of the Commissioner, the service
has been or is being conducted in a manner that causes danger to the public,
or
(f)
for any other reason the Commissioner thinks
fit.
Note—
The Commissioner may also vary or revoke the
conditions of an authorisation at any time (see section
40).
46Automatic
suspensions
(1)
If 2 or more persons hold a joint authorisation
to provide a taxi service or booking service and any 1 of them dies or ceases
to jointly provide the service:
(a)
the authorisation is automatically suspended 21
days after the death or cessation if the Commissioner has not been notified
before that time of the death or cessation, and
(b)
the authorisation may be cancelled, suspended or
varied under this Act because of the death or cessation (whether before or
after any such cessation).
(2)
If an authorised provider that is a body
corporate ceases to have any directors or managers who are nominated for the
purposes of this Part, the authorisation is automatically suspended when the
body corporate ceases to have any directors or managers so nominated until new
directors or managers are nominated in accordance with this
Part.
(3)
Nothing in this section prevents the Commissioner
from cancelling an authorisation that is suspended by this
section.
Part 4Taxi
licences
Division 1Licensing
offences
47Taxis must be
licensed
A person must not use a motor vehicle to provide
a taxi service unless:
(a)
the provider, or an employee, contractor or
affiliated provider of that provider, is the holder of a taxi licence for the
motor vehicle, or
(b)
the motor vehicle is a stand-by taxi used in
accordance with this Act and the regulations.
Maximum penalty:
(a)
$110,000, or
(b)
for a second or subsequent offence by an
individual within 5 years of a previous offence—$110,000, or 12 months
imprisonment, or both.
Note—
A person who has the benefit under a lease or
sublease or other arrangement is taken to be the holder of the taxi licence
(see section 64 (3)).
48Holder of taxi licence must
comply with licence conditions
The holder of a taxi licence must not contravene
a condition of the licence.
Maximum penalty: $110,000.
49Stand-by
taxis
(1)
An authorised provider of a taxi service may use
a taxi that is not licensed (a stand-by
taxi) if a licensed taxi used in the service is out of
operation for repair or service, but only if the stand-by taxi complies with
this section.
(2)
The stand-by taxi must:
(a)
display the number-plates of the licensed taxi in
addition to the number-plates allocated to the stand-by taxi,
and
(b)
be registered within the meaning of the Road Transport Act 2013,
and
(c)
to the satisfaction of the Commissioner, comply
with the standards prescribed for taxis, and
(d)
except to the extent authorised by the
Commissioner, comply with the conditions of the taxi licence of the licensed
taxi that it is replacing, and
(e)
display a sign in accordance with the regulations
identifying it as a stand-by taxi, and
(f)
comply with any other requirements prescribed by
the regulations for the purposes of this section.
(3)
A stand-by taxi while used in accordance with
this section is taken, for the purposes of this Act and the regulations, to be
a taxi for which a taxi licence is in force.
Division 2Applications for
licences
50Categories of taxi
licences
(1)
The Commissioner may issue different categories
of taxi licences.
(2)
TfNSW is to determine the categories of taxi
licences that may be issued by the Commissioner.
51Applications for taxi
licences
(1)
The following persons may apply for a taxi
licence:
(a)
an individual,
(b)
2 or more persons who intend to hold the licence
jointly under a partnership or other agreement,
(c)
a body corporate incorporated under a law of this
or any other jurisdiction (including the Corporations Act
2001 of the Commonwealth, the Associations Incorporation Act 2009 and
the Co-operatives National Law
(NSW)).
(2)
An application for a taxi licence is to be made
to the Commissioner.
(3)
An application is:
(a)
to be in the form approved by the Commissioner,
and
(b)
to contain the information that the Commissioner
requires to be provided, and
(c)
to be accompanied by the fee prescribed by the
regulations.
(4)
An application for a taxi licence must be
accompanied by a sealed tender for the licence if required by the
Commissioner.
Note—
The licence fees for taxi licences (other than
wheelchair accessible taxis) are to be determined by public auction or tender
(see section 63).
(5)
The Commissioner may, by written notice given to
the applicant, require the applicant to provide further information relevant
to the application that is specified in the notice.
52Determination of applications
for taxi licences generally
(1)
The Commissioner may determine an application for
a taxi licence by granting or refusing the application.
(2)
The Commissioner must not grant an application
for a taxi licence unless satisfied that the applicant meets any requirements
specified by the regulations.
(3)
In the case of a joint application for a taxi
licence, each person applying for the joint licence must meet the requirements
for the licence.
53Determination of applications
for taxi licences
(1)
The Commissioner must not grant an application
for a taxi licence for which a licence fee is determined by auction or by
tender unless satisfied that the applicant:
(a)
is the highest ranked bidder or tenderer for the
licence under Division 4, and
(b)
has complied with any requirements for making the
bid or tender, and
(c)
has provided any bond or other security (not
exceeding 15% of the amount of the annual licence fee) required by the
Commissioner in respect of the payment of the annual licence
fee.
(2)
The Commissioner must have regard to any
applicable determination of taxi licences under Division 7 before determining
an application for a taxi licence.
(3)
This section is in addition to any other
requirements for the grant of a taxi licence.
54Conditions of taxi
licences
The Commissioner may grant an application for a
taxi licence unconditionally or subject to the conditions specified by the
Commissioner in the licence.
55Form of taxi
licences
A taxi licence is to be in the form approved by
the Commissioner.
56Area of operation of
taxis
(1)
A taxi licence may specify the area of operation
of a taxi to provide services.
(2)
A taxi may be used to provide a taxi service
anywhere in New South Wales if no area of operation is specified in the taxi
licence.
(3)
A taxi licence does not confer on any person an
exclusive right to use a taxi in the area of operation specified in the
licence.
(4)
If a taxi licence specifies the area of operation
of a taxi to provide services, the licence is taken to be subject to a
condition that the taxi must be used only to provide a taxi service within
that area.
(5)
Subsection (4) does not apply to the provision of
transport by a taxi that results from a booking.
(6)
The Commissioner may, by notice in writing to the
holder of a taxi licence, amend the licence:
(a)
to revoke a requirement specifying the area of
operation of a taxi, or
(b)
to vary the area of operation of the
taxi.
(7)
The Commissioner may, by notice published in the
Gazette, amend a class of taxi licences:
(a)
to revoke a requirement specifying the area of
operation of that class of licences, or
(b)
to vary the area of operation of that class of
licences.
57Term of taxi
licences
(1)
A taxi licence is in force for a period of 12
months unless it is sooner cancelled.
(2)
A taxi licence does not have effect while
suspended and the suspension of a licence does not affect the day on which the
term of a licence expires.
58Renewal of taxi
licences
(1)
A taxi licence is to be renewed by the
Commissioner on application to the Commissioner made before the expiry of the
licence.
(2)
A taxi licence must not be renewed more than 9
times (that is, so that a licence is in force for a total period of not more
than 10 years).
59Notice of
decision
(1)
The Commissioner must give an applicant for a
taxi licence or renewal of a licence written notice of the decision on the
application.
(2)
If notice of a decision is not given to an
applicant within 90 days of an application being made, the application is
taken to have been refused.
(3)
Subsection (2) does not prevent an application
from being granted after the period of 90 days has
elapsed.
Division 3Conditions of taxi
licences
60Conditions of taxi licences
generally
(1)
A taxi licence is subject to the following
conditions:
(a)
any conditions imposed by the Commissioner and in
force from time to time,
(b)
any conditions specified by this Act or
prescribed by the regulations.
(2)
The Commissioner may at any time, by written
notice given to the holder of a taxi licence, impose a condition on the
licence or vary or revoke a condition of the licence imposed by the
Commissioner.
(3)
The Commissioner must not impose a condition on a
taxi licence that is inconsistent with this Act or the
regulations.
(4)
The regulations may:
(a)
apply conditions of a taxi licence to a provider
who carries on a taxi service using the taxi the subject of the licence,
and
(b)
apply conditions of the licence to any such
provider instead of the holder of the licence or to both the provider and the
holder, and
(c)
make it an offence for the provider to fail to
comply with an applicable condition.
61Safety
standards
It is a condition of a taxi licence that the
holder of the licence comply with the safety standards for the holder of any
such licence.
Division 4Taxi licence
fees
62Licence fees for taxi
licences
(1)
In addition to any application fee, a licence fee
is payable to the Commissioner when a taxi licence is first issued or each
time it is renewed.
(2)
The licence fee is payable by the person to whom
the licence is issued in the manner determined by the
Commissioner.
63Determination of licence
fees
(1)
The licence fee for a taxi licence (other than a
licence for a wheelchair accessible taxi) must be determined by inviting
applicants for the licence to bid for it at public auction or to submit sealed
tenders for it.
(2)
TfNSW may, in the circumstances specified in the
regulations, determine a licence fee for a taxi licence without complying with
subsection (1).
(3)
The licence fee for a taxi licence determined
under subsection (1) or (2) is the licence fee payable on each renewal of the
licence.
(4)
The licence fee for a taxi licence for a
wheelchair accessible taxi is to be an amount determined by
TfNSW.
Division 5Dealings with taxi
licences
64Leasing or subleasing and
other arrangements relating to taxi licences
(1)
A taxi licence may be leased or subleased, or
made the subject of an arrangement under which the benefit of the licence is
conferred on a person other than the person otherwise entitled to it, without
the approval of the Commissioner.
(2)
The lessee or sublessee of a taxi licence, or
other person who has the benefit of a licence under any such arrangement, has
the benefit of the authority of the licence to the exclusion of the lessor or
sublessor or person otherwise entitled to the benefit of the
licence.
(3)
The lessee or sublessee of a taxi licence, or
other person who has the benefit of a licence under any such arrangement, is
taken, for the purposes of this Act or the regulations, to be the holder of
the licence (other than for the purpose of the renewal of a
licence).
(4)
This section is subject to any condition imposed
on a taxi licence under this Act and to regulations made under this
Division.
(5)
Nothing in this section authorises the transfer
of a taxi licence.
65Regulations relating to
leasing and subleasing and other arrangements
The regulations may provide for the
following:
(a)
that the lessor or sublessor or other person who
confers the benefit of a taxi licence under an arrangement referred to in
section 64 (1) is subject to specified provisions of this Act or the
regulations relating to taxis or licences,
(b)
that specified provisions of this Act or the
regulations do not apply to a lessee or sublessee of a taxi licence or a
person on whom the benefit of a licence is conferred,
(c)
that the lessor or sublessor of a taxi licence or
person who confers the benefit of a licence under an arrangement referred to
in section 64 (1), and any lessee or sublessee or person on whom the benefit
is conferred, are jointly and severally liable under specified provisions of
this Act or the regulations or for any matters arising in connection with
them.
66Licence conditions relating to
obligations of lessors, lessees and others
The conditions of a taxi licence may provide for
the following:
(a)
that the lessor or sublessor of a taxi licence,
or person who confers the benefit of a licence under an arrangement referred
to in section 64 (1), is subject to specified provisions and conditions of the
licence,
(b)
that specified provisions and conditions of a
taxi licence do not apply to a lessee or sublessee of the taxi licence or a
person on whom the benefit of the licence is conferred,
(c)
that the lessor or sublessor of a taxi licence or
person who confers the benefit of a licence under an arrangement referred to
in section 64 (1), and any lessee or sublessee or person on whom the benefit
is conferred, are jointly and severally liable under specified provisions or
conditions of the licence or for any matters arising in connection with
them.
67Commissioner to be notified of
lease, sublease or arrangement
(1)
A person who leases or subleases a taxi licence
to, or enters into an arrangement to confer the benefit of a taxi licence on,
another person must cause written notice of the lease, sublease or arrangement
to be given to the Commissioner, within 7 days of the lease, sublease or
arrangement taking effect, in accordance with this section.
Maximum penalty: 10 penalty
units.
(2)
The notice must specify the matters (if any)
prescribed by the regulations for the purposes of this
section.
68Transfer of taxi
licences
(1)
The Commissioner may, on application by the legal
personal representative of the holder of a taxi licence or a trustee of any
such holder’s estate, transfer the licence to a person specified by the
legal personal representative or trustee or to the representative or
trustee.
(2)
The Commissioner may, by written notice given to
the transferor or the transferee of a taxi licence, require the transferor or
transferee to provide information to enable registration of the
transfer.
(3)
This section is subject to any condition imposed
on a taxi licence by or under this Act.
Division 6Variation, suspension or
cancellation of taxi licences
69Variation, suspension or
cancellation of taxi licences generally
The Commissioner may vary, suspend or cancel a
taxi licence if:
(a)
the holder fails to comply with a condition of
the licence, or
(b)
the holder, or owing to the default of the holder
or any agent or member of staff of the holder, fails to comply with this Act
or the regulations, or
(c)
the taxi service for which the licensed taxi is
used has been or is being conducted in a manner that causes danger to the
public, or
(d)
for any other reason the Commissioner thinks
fit.
Note—
The Commissioner may also change area of
operation requirements (see section 56) and vary the conditions of a taxi
licence at any time (see section 60).
Division 7Determination of release of
taxi licences
70Application of
Division
This Division does not apply to taxi licences for
wheelchair accessible taxis.
71Determination of number of
taxi licences
(1)
TfNSW must determine, before 31 March in each
year, the number of taxi licences to be issued during the year commencing on
the following 1 July.
(2)
The determination may also do any of the
following:
(a)
determine the number and type of taxi licences
that are to be issued to persons who are also authorised to provide taxi
services or who have applied for an authorisation to do
so,
(b)
limit the number of taxi licences that may be
granted to the same applicant or related
applicants.
(3)
TfNSW may seek public submissions before making a
determination and may take into account any submissions received for the
purposes of making the determination.
(4)
TfNSW may, if it thinks fit, obtain expert advice
in relation to any of the matters referred to in section 73 and may consider
any recommendation made by IPART under this Part.
(5)
TfNSW may make 1 or more determinations for any
year commencing on 1 July at any time after the determination for that year is
made under subsection (1) and before the end of that year. Subsections
(2)–(4) apply to any such determination.
72Referral to
IPART
(1)
The Minister may, with the approval of the
Minister administering the Independent Pricing and
Regulatory Tribunal Act 1992, refer to IPART for
investigation and report to TfNSW with a recommendation as to the number of
taxi licences to be issued for a specified period.
(2)
The referral may ask IPART to make a separate
report on a specified class or classes of taxi licence or for taxi licences
issued to providers in a specified area or areas.
(3)
The referral is to specify the period within
which the report is to be provided by IPART.
(4)
Divisions 6 and 7 of Part 3 of the Independent Pricing and Regulatory Tribunal Act
1992 apply to an investigation and report by IPART under
this section in the same way as they apply to an investigation or report under
that Act. The provisions so apply as if a reference in those provisions to the
Minister were a reference to the Minister administering this
Act.
(5)
A referral may be varied or withdrawn by the
Minister, with the approval of the Minister administering the Independent Pricing and Regulatory Tribunal Act
1992, at any time before the Minister has received the
report on the referral from IPART.
73Matters to be taken into
account for purposes of taxi licence determination
The following matters are to be considered by
TfNSW when making a determination as to the number of taxi licences:
(a)
likely passenger demand and latent demand for
taxi services,
(b)
the performance of existing taxi
services,
(c)
the demand for new taxi
licences,
(d)
the viability and sustainability of the taxi
industry,
(e)
any other matters TfNSW considers relevant,
having regard to the objective of ensuring improved taxi
services.
Part 5Fares
74Referrals to
IPART
(1)
The Minister may, with the approval of the
Minister administering the Independent Pricing and
Regulatory Tribunal Act 1992, refer all or any of the
services provided by 1 or more passenger services to IPART for a
recommendation as to the following:
(a)
appropriate maximum fares for the service or
services,
(b)
appropriate maximum fares for specified fares or
classes of fares for the service or services.
(2)
A referral may do any or all of the
following:
(a)
specify a period within which IPART is to report
to the Minister on its recommendation,
(b)
require IPART to consider specified matters when
making its investigations for the purposes of its
report.
(3)
IPART may request the Minister to refer a matter
to IPART under this section.
(4)
A referral may be varied or withdrawn by the
Minister, with the approval of the Minister administering the Independent Pricing and Regulatory Tribunal Act
1992. A variation or withdrawal of a referral does not
affect the operation of this Act or that Act in respect of a report on the
referral, or the subject-matter of the report, if the report was received by
the Minister from IPART before the variation or
withdrawal.
75IPART investigations and
recommendations
(1)
IPART is to conduct investigations and report to
the Minister on the appropriate maximum fares if a referral is made under this
Part.
(2)
IPART may report to the Minister on any matter it
considers relevant that arises from an investigation under this
Part.
(3)
IPART is to consider the following matters in
making a recommendation under this Part:
(a)
the cost of providing the
services,
(b)
the need for greater efficiency in the supply of
services so as to reduce costs for the benefit of consumers and
taxpayers,
(c)
the protection of consumers from abuses of
monopoly power in terms of prices, pricing policies and standards of
service,
(d)
the social impact of the
recommendation,
(e)
the impact of the recommendation on the use of
passenger transport and the need to increase the proportion of travel
undertaken by sustainable modes such as public transport,
(f)
standards of quality, reliability and safety of
the services (whether those standards are specified by legislation, agreement
or otherwise),
(g)
any matter specified in the referral to
IPART,
(h)
any other matter IPART considers
relevant.
(4)
IPART must indicate what regard it has had to the
matters specified in this section in any report of a recommendation under this
Part.
(5)
Sections 13A–14A and Divisions 6 and 7 of
Part 3 of the Independent Pricing and
Regulatory Tribunal Act 1992 apply to an investigation and
report by IPART under this Part in the same way as they apply to a
determination, investigation or report under that Act. The provisions so apply
as if a reference in those provisions to the Minister were a reference to the
Minister administering this Act.
76Fares
orders
(1)
TfNSW may, by order published on the NSW
legislation website (a fares
order), determine the following for all or any of the
services provided by 1 or more passenger services:
(a)
the maximum fares for the service or
services,
(b)
specified maximum fares or classes of fares for
the service or services.
(2)
TfNSW may have regard to any recommendation of
IPART under this Part when making a fares order.
(3)
A fares order may specify a fare or specify the
manner in which a fare is to be calculated.
(4)
A fares order may also approve other arrangements
for remuneration in connection with the service.
(5)
A person must not demand a fare for the provision
of a service that:
(a)
exceeds the amount of the fare determined for the
service under a fares order, or
(b)
contravenes arrangements for remuneration
approved by a fares order.
Maximum penalty: 100 penalty
units.
(6)
This section does not prevent the provider of a
passenger service from demanding a fare that is, or making contracts or
arrangements for the provision of a service for which the fare is, lower than
that determined under a fares order.
77Non-cash payment
surcharges
(1)
A fares order may specify the maximum amount
payable for a non-cash payment surcharge or surcharges for the same hiring of
a taxi or hire vehicle.
(2)
In this Part, a non-cash
payment surcharge means a fee or charge (however
calculated):
(a)
added to the amount otherwise payable by a hirer
of a taxi or hire vehicle because the amount payable for the hire is paid
wholly or partly by the use of a debit, credit, pre-paid or charge card,
or
(b)
payable by all or any of the owner or driver of,
or holder of a taxi licence for, a taxi or hire vehicle or the provider of a
service using a taxi or hire vehicle because an amount payable for the hire of
the taxi or hire vehicle is paid wholly or partly by the use of a debit,
credit, pre-paid or charge card.
(3)
Without limiting subsection (2), a fee or charge
may be a non-cash payment surcharge whether or not it is payable for accepting
or processing payment made by the use of a debit, credit, pre-paid or charge
card and whether or not the fee or charge is based on the amount payable for a
hire.
(4)
A non-cash payment surcharge does not include a
fee or charge imposed in respect of the use of a debit, credit, pre-paid or
charge card by:
(a)
a participant in a designated payment system
within the meaning of the Payment Systems (Regulation) Act
1998 of the Commonwealth, or
(b)
a person consistently with a voluntary
undertaking given by the person to, and accepted by, the Reserve Bank of
Australia.
(5)
This section does not limit the operation of
section 76 (5).
78Overcharging for non-cash
payment surcharge
(1)
If a non-cash payment surcharge that contravenes
a fares order is imposed, the following persons are guilty of an
offence:
(a)
the person who imposed the
surcharge,
(b)
the owner or driver of the taxi or hire vehicle
and the holder of the taxi licence for the taxi,
(c)
the provider of the service using the taxi or
hire vehicle,
(d)
any person who provided or maintains any
equipment installed in the taxi or hire vehicle that enabled the surcharge to
be imposed,
(e)
any person who manages or administers the whole
or any part of the system under which the amounts due for the hiring concerned
may be paid by the use of a debit, credit, pre-paid or charge
card.
(2)
A person must not collect in a taxi or hire
vehicle, or initiate the collection in a taxi or hire vehicle of, a non-cash
payment surcharge that contravenes a fares order.
(3)
A person must not collect, for the purposes of or
while providing a booking service, a non-cash payment surcharge that
contravenes a fares order.
(4)
It is a defence to an offence under this section
if the defendant establishes that:
(a)
the taxi non-cash payment surcharge was imposed
or collected or its collection was initiated by another person,
and
(b)
the defendant did not know, and could not
reasonably be expected to know, that the other person had charged or
collected, or would initiate the charge or collection of, a taxi non-cash
payment surcharge in respect of that hiring.
Maximum penalty:
(a)
in the case of a body corporate—$110,000,
or
(b)
in the case of an individual—100 penalty
units.
79Estimate of fares to be
provided for booked services
(1)
A person who provides a passenger service to a
passenger who obtains the service by using a booking service, and the person
who provided the booking service, must before the commencement of the journey
ensure that the passenger is provided with an estimate of the fare that
complies with this section.
(2)
The fare estimate must:
(a)
be in writing or in another form approved by the
Commissioner, and
(b)
express the amount of the fare in Australian
currency or in any other manner prescribed by the regulations,
and
(c)
indicate any variation in the fare that is likely
to occur and the way in which the variation is to be
calculated.
(3)
If a person who provides a passenger service or a
booking service and the passenger agree on a fare before the commencement of
the journey, the person who provides the service must not demand a fare for
the service that exceeds the amount agreed with the
passenger.
(4)
A person who provides a passenger service or a
booking service must not fail to comply with this section.
Maximum penalty:
(a)
in the case of a driver—20 penalty units,
or
(b)
in the case of an individual (other than a
driver)—100 penalty units, or
(c)
in the case of a body
corporate—$110,000.
(5)
In this section, person
who provides a passenger service includes the driver who
transports the passenger.
(6)
Nothing in this section permits a person to
charge a fare of an amount, or in circumstances, that would contravene any
other provision of this Act or the regulations.
80Fare setting by providers of
services
(1)
A requirement made by the provider of a passenger
service who facilitates the provision of a passenger service, or by the
provider of a booking service who provides that service to a provider of a
passenger service, that the person who provides the passenger service or the
driver charges a specified amount (however determined) for the provision of
the transport that is facilitated or booked is specifically authorised by this
Act for the purposes of the Competition and Consumer Act
2010 of the Commonwealth and the Competition Code of New
South Wales.
(2)
Conduct authorised by subsection (1) is
authorised only to the extent (if any) that it would otherwise contravene Part
IV of the Competition and Consumer Act 2010 of the
Commonwealth and the Competition Code of New South
Wales.
(3)
Nothing in this section permits a person to
require another person to charge a fare of an amount, or in circumstances,
that would contravene any other provisions of this Act or the
regulations.
Part 6Audits, enforcement orders and
other remedies
Division 1Audit
notices
81Purpose of
audit
An audit under this Division is to be a
particular documented evaluation of the operations of the provider of a
passenger service or a booking service for any of the following
purposes:
(a)
to provide information on compliance with the
provider’s safety duties or safety standards under this
Act,
(b)
to enable a determination of whether the
operations are being carried out in a way that manages risks to safety in
accordance with the provider’s safety duties, including an evaluation of
the safety management systems of the provider.
82Issue of audit
notices
(1)
The Commissioner may issue an audit
notice:
(a)
notifying a provider of a passenger service or
booking service that an audit is to be arranged by the Commissioner,
or
(b)
requiring a provider of a passenger service or
booking service to arrange an audit by an auditor, or an auditor of a class of
auditors, approved by the Commissioner for the purposes of carrying out audits
under this Division.
(2)
The Commissioner must give not less than 24 hours
notice of a proposed audit arranged by the Commissioner.
(3)
An audit arranged by the Commissioner may be
conducted by an authorised officer, or another person appointed by the
Commissioner for the purpose of conducting the audit.
(4)
An audit notice that requires a provider to
arrange an audit is to specify the period within which the audit is required
to be carried out and reported on to the Commissioner.
(5)
The Commissioner may issue guidelines with
respect to the carrying out of audits under this
Division.
Division 2Improvement
notices
83Issue of improvement
notices
(1)
This section applies if an authorised officer
reasonably believes that a person:
(a)
is contravening a provision of this Act or the
regulations, or
(b)
has contravened a provision in circumstances that
make it likely that the contravention will continue or be
repeated.
(2)
The authorised officer may issue an improvement
notice requiring the person to:
(a)
remedy the contravention, or
(b)
prevent a likely contravention from occurring,
or
(c)
remedy the things or operations causing the
contravention or likely contravention.
84Contents of improvement
notices
(1)
An improvement notice must state:
(a)
that the authorised officer believes the
person:
(i)
is contravening a provision of this Act or the
regulations, or
(ii)
has contravened a provision in circumstances that
make it likely that the contravention will continue or be repeated,
and
(b)
the provision the authorised officer believes is
being, or has been, contravened, and
(c)
briefly, how the provision is being, or has been,
contravened, and
(d)
the day by which the person is required to remedy
the contravention or likely contravention.
(2)
An improvement notice may include directions
concerning the measures to be taken to remedy the contravention or prevent the
likely contravention, or the matters or activities causing the contravention
or likely contravention, to which the notice relates.
(3)
The day stated for compliance with the
improvement notice must be reasonable in all the
circumstances.
85Compliance with improvement
notice
The person to whom an improvement notice is
issued must comply with the notice within the period specified in the
notice.
Maximum penalty:
(a)
in the case of an individual—$50,000,
or
(b)
in the case of a body
corporate—$250,000.
86Extension of time for
compliance with improvement notices
(1)
This section applies if a person has been issued
with an improvement notice.
(2)
An authorised officer may, by written notice
given to the person, extend the compliance period for the improvement
notice.
(3)
However, the authorised officer may extend the
compliance period only if the period has not ended.
(4)
In this section:
compliance period means the period
ending on the day stated in the improvement notice by which a person is
required to remedy a contravention or likely contravention and includes that
period as extended under this section.
Division 3Prohibition
notices
87Power to issue prohibition
notice
(1)
This section applies if an authorised officer
reasonably believes that:
(a)
an activity is occurring in relation to the
provision of a passenger service or booking service that involves or will
involve an immediate and serious risk to the health or safety of a person,
or
(b)
an activity may occur in relation to the
provision of a passenger service or booking service that, if it occurs, will
involve an immediate and serious risk to the health or safety of a
person.
(2)
The authorised officer may give a person who has
control over the activity a direction prohibiting the carrying on of the
activity, or the carrying on of the activity in a specified way, until an
authorised officer is satisfied that the matters that give or will give rise
to the risk have been remedied.
(3)
The direction may be given orally, but must be
confirmed by written notice (a prohibition notice) issued to the
person as soon as practicable.
88Contents of prohibition
notice
(1)
A prohibition notice must state:
(a)
that the authorised officer believes that grounds
for the issue of the prohibition notice exist and the basis for that belief,
and
(b)
briefly, the activity that the authorised officer
believes involves or will involve the risk and the matters that give or will
give rise to the risk, and
(c)
the provision of this Act that the authorised
officer believes is being, or is likely to be, contravened by that
activity.
(2)
A prohibition notice may include directions on
the measures to be taken to remedy the risk, activities or matters to which
the notice relates, or the contravention or likely contravention referred to
in subsection (1) (c).
(3)
Without limiting section 87, a prohibition notice
that prohibits the carrying on of an activity in a specified way may do so by
specifying 1 or more of the following:
(a)
a place, or part of a place, at which the
activity is not to be carried out,
(b)
anything that is not to be used in connection
with the activity,
(c)
any procedure that is not to be followed in
connection with the activity.
89Compliance with prohibition
notice
The person to whom a direction is given under
section 87 (2) or a prohibition notice is issued must comply with the
direction or notice.
Maximum penalty:
(a)
in the case of an individual—$100,000,
or
(b)
in the case of a body
corporate—$500,000.
Division 4General requirements applying
to notices
90Application of
Division
In this Division, notice means an audit notice,
improvement notice or prohibition notice.
91Notice to be in
writing
A notice must be in
writing.
92Recommendations in
notice
(1)
An improvement notice or prohibition notice may
include recommendations.
(2)
It is not an offence to fail to comply with
recommendations in a notice.
93Changes to notice by
authorised officer
(1)
An authorised officer may make minor changes to a
notice:
(a)
for clarification, or
(b)
to correct errors or references,
or
(c)
to reflect changes of address or other
circumstances.
(2)
An authorised officer may also, in accordance
with section 86, extend the compliance period for an improvement
notice.
94Commissioner may vary or
cancel notice
Except as provided by section 93, a notice issued
by an authorised officer may only be varied or cancelled by the
Commissioner.
95Formal irregularities or
defects in notice
A notice is not invalid only because of:
(a)
a formal defect or irregularity in the notice
unless the defect or irregularity causes or is likely to cause substantial
injustice, or
(b)
a failure to use the correct name of the person
to whom the notice is issued if the notice sufficiently identifies the person
and is issued or given to the person in accordance with section
96.
96Issue and giving of
notice
The regulations may prescribe:
(a)
the manner of issuing a notice,
and
(b)
the steps a person to whom a notice is issued
must take to bring it to the attention of other
persons.
Division 5Compliance
orders
97Application of
Division
In this Division, notice means an audit notice,
improvement notice or prohibition notice.
98Orders for compliance with
notices
(1)
The Commissioner may apply to the District Court
for an order:
(a)
compelling a person to comply with a notice,
or
(b)
restraining a person from contravening a
notice.
(2)
The Commissioner may do so:
(a)
whether or not proceedings have been brought for
an offence against this Act in connection with any matter in relation to which
the notice was issued, and
(b)
whether any period for compliance with the notice
has expired.
Division 6Enforceable
undertakings
99Commissioner may accept
undertakings
(1)
The Commissioner may accept a written undertaking
given by a person in connection with a matter relating to a contravention or
alleged contravention by the person of this Act or the
regulations.
(2)
An undertaking cannot be accepted for a
contravention or alleged contravention that is a Category 1 offence under Part
2 or an offence under section 28.
(3)
The giving of an undertaking does not constitute
an admission of guilt by the person giving it in relation to the contravention
or alleged contravention to which the undertaking
relates.
(4)
The Commissioner may make a written undertaking
publicly available.
100Notice of decision and reasons
for decision
(1)
The Commissioner must give the person seeking to
make an undertaking written notice of the Commissioner’s decision to
accept or reject the undertaking and of the reasons for the
decision.
(2)
The Commissioner must publish, on the
Commissioner’s website, notice of a decision to accept an undertaking
and the reasons for that decision.
101When an undertaking is
enforceable
An undertaking takes effect and becomes
enforceable when the Commissioner’s decision to accept the undertaking
is given to the person who made the undertaking or at any later date specified
by the Commissioner.
102Compliance with
undertaking
A person must not contravene an undertaking given
by that person that is in effect.
Maximum penalty:
(a)
in the case of an individual—$50,000,
or
(b)
in the case of a body
corporate—$250,000.
103Contravention of
undertaking
(1)
The Commissioner may apply to the District Court
for an order if a person contravenes an undertaking.
(2)
If the Court is satisfied that the person who
made the undertaking has contravened the undertaking, the Court, in addition
to the imposition of any penalty, may make 1 or both of the following
orders:
(a)
an order directing the person to comply with the
undertaking,
(b)
an order discharging the
undertaking.
(3)
In addition to the orders referred to in
subsection (2), the Court may make any other order that the Court considers
appropriate in the circumstances, including orders directing the person to pay
to the State:
(a)
the costs of the proceedings,
and
(b)
the reasonable costs of the Commissioner in
monitoring compliance with the undertaking in the
future.
(4)
Nothing in this section prevents proceedings
being brought for the contravention or alleged contravention of this Act to
which the undertaking relates.
104Withdrawal or variation of
undertaking
(1)
A person who has made an undertaking may at any
time, with the written agreement of the Commissioner:
(a)
withdraw the undertaking, or
(b)
vary the undertaking.
(2)
However, the provisions of the undertaking cannot
be varied to provide for a different alleged contravention of the
Act.
(3)
The Commissioner must publish, on the
Commissioner’s website, notice of the withdrawal or variation of an
undertaking.
105Proceedings for alleged
contravention
(1)
Subject to this section, no proceedings for a
contravention or alleged contravention of this Act or the regulations may be
brought against a person if an undertaking is in effect in relation to that
contravention.
(2)
No proceedings may be brought for a contravention
or alleged contravention of this Act or the regulations against a person who
has made an undertaking in relation to that contravention and has completely
discharged the undertaking.
(3)
The Commissioner may accept an undertaking in
relation to a contravention or alleged contravention before proceedings in
relation to that contravention have been finalised.
(4)
If the Commissioner accepts an undertaking before
the proceedings are finalised, the Commissioner must take all reasonable steps
to have the proceedings discontinued as soon as
possible.
Part 7Authorised officers and
inspection powers
Division 1Authorised
officers
106Definition
In this Part:
requirement under this Act includes
a requirement imposed under a notice, a direction or an exemption under this
Act and a requirement contained in an undertaking or order given under this
Act.
107Appointment of authorised
officers by Commissioner
The Commissioner may appoint a person of a class
prescribed by the regulations for the purposes of this section to be an
authorised officer for the purposes of this Act.
108Limitations on
functions
The authority of an authorised officer may be
limited by the relevant instrument of appointment to the functions, and to the
cases, specified in the instrument of appointment.
109Identity cards must be
issued
(1)
The Commissioner must issue an authorised officer
with an identity card.
(2)
The identity card must:
(a)
be in the form approved by the Commissioner,
and
(b)
contain a recent photograph of the
person.
(3)
An authorised officer must not exercise a
function conferred by or under this Act unless an identity card has been
issued to the authorised officer by the Commissioner.
(4)
This section does not apply to an authorised
officer who is a police officer.
110Identity cards to be
shown
(1)
This section applies to an authorised officer who
is exercising, or about to exercise, a function under this
Act.
(2)
An authorised officer must:
(a)
carry his or her identity card at all times when
exercising a power under this Act to enter premises or a vehicle or a power
that is exercisable after entering premises or a vehicle,
and
(b)
produce his or her identity card if requested to
do so by a person in relation to whom the officer is exercising, or about to
exercise, the power.
(3)
A person who has ceased to be an authorised
officer must not, without reasonable excuse, refuse or fail to return to the
Commissioner, within the period specified by the Commissioner in a request for
the return of the card, any identity card issued to the person by the
Commissioner.
(4)
Subsection (2) does not apply to a power
conferred by a search warrant or to a power exercised by an authorised officer
who is a police officer.
Maximum penalty: 15 penalty
units.
111Functions of authorised
officers
(1)
An authorised officer may exercise the functions
conferred by Division 2 if the officer believes on reasonable grounds that it
is necessary to do so for the purposes of this Act or the regulations,
including the following purposes:
(a)
an inspection, audit or inquiry under this
Act,
(b)
to determine whether there has been a
contravention of this Act, the regulations or the terms of an authorisation,
taxi licence or requirement under this Act,
(c)
to determine whether there has been a
contravention of the Taxation Administration Act
1996, as applied for the purposes of Schedule
4.
(2)
An authorised officer must not use any more force
than is reasonably necessary to enter premises under this Act or to do
anything for which entry is effected.
(3)
An authorised officer must do as little damage as
possible when exercising a function under this Act.
112Inspections
(1)
The Commissioner may cause inspections to be
carried out to ensure that the provider of a passenger service or booking
service, the holder of a taxi licence or the owner or driver of a taxi or a
hire vehicle is complying with any of the following:
(a)
the terms of any authorisation or taxi licence,
or any requirement to be authorised or to have a licence,
(b)
safety duties, safety standards or any other
requirements imposed under this Act.
(2)
Inspections under this section may be carried out
at the intervals that the Commissioner thinks fit.
(3)
For the purposes of this section, the
Commissioner may cause the following to be inspected:
(a)
the performance of employees or drivers in
connection with passenger services or booking services,
(b)
any vehicle used for the purposes of a passenger
service and any equipment, furnishings or fittings in or about the
vehicle,
(c)
the operation of a passenger service or booking
service,
(d)
any other thing the Commissioner considers to be
relevant to the safe carrying on of a passenger service or booking
service.
Division 2Powers
113Power of entry onto
premises
(1)
An authorised officer may enter premises the
officer reasonably suspects are being used for the purposes of a passenger
service or booking service without the occupier’s consent and without
obtaining a search warrant.
(2)
An authorised officer may enter the premises only
at any of the following times:
(a)
at any reasonable time during the
day,
(b)
at any time at which the service is being
provided or a related activity is occurring or is usually carried out on the
premises,
(c)
at any other time the premises are open for
entry.
(3)
This section does not apply to premises or any
part of premises used as a residence.
114Power to enter premises with
consent
(1)
An authorised officer may enter any premises with
the consent of the occupier of the premises.
Note—
In this Act, premises include a place or
vehicle.
(2)
Before obtaining the consent of a person to enter
premises, an authorised officer must inform the person that the person may
refuse consent.
115Power to enter
premises
(1)
An authorised officer may enter premises or any
part of premises used as a residence only with the consent of the occupier of
the premises or under the authority conferred by a search
warrant.
(2)
Before entering premises under this Part without
the consent of the occupier, an authorised officer must give the occupier or
person reasonable notice of the intention to enter the premises unless:
(a)
notice would defeat the purpose for which entry
is required, or
(b)
it is an emergency.
116Powers after entering
premises
An authorised officer who enters premises under
this Part (including under a search warrant) may do any of the
following:
(a)
inspect any motor vehicle that the officer
reasonably believes is being used for a passenger service (a passenger
vehicle),
(b)
inspect or test any meter, communications device
or other equipment, or inspect any furnishings or fittings, in, on or about a
passenger vehicle,
(c)
by written notice given to the owner or person in
charge of a passenger vehicle or equipment, require the owner or person to
have the vehicle or equipment inspected or tested within the period specified
in the notice,
(d)
inspect any maintenance facilities, electronic
device or other equipment or apparatus used for the purposes of or in
connection with a passenger service,
(e)
take photos and make recordings (including
photographs, audio, video, digital or other recordings) of the premises or
anything on the premises,
(f)
make copies of anything relevant to an
inspection, investigation or inquiry found on the premises and retain any such
thing for the period necessary to do so,
(g)
examine, take measurements of, conduct tests on,
or take samples of, anything relevant to an inspection,
(h)
search for evidence of any contravention of this
Act or the regulations, the terms of an authorisation or taxi licence, the
conditions of an authorisation or taxi licence or a requirement under this
Act,
(i)
search for and inspect relevant
documents,
(j)
require any person on the premises to produce to
the officer any relevant documents, or provide access to any electronic
device, in the person’s custody or under the person’s
control,
(k)
require any person on the premises to answer
questions or otherwise give information in relation to the matter the subject
of the inspection, investigation or inquiry,
(l)
seize anything that the officer suspects on
reasonable grounds is connected with an offence against this Act or the
regulations and secure the thing against
interference.
117Power to stop and detain motor
vehicle
(1)
This section applies if an authorised officer is
authorised to inspect or test a motor vehicle or equipment on a motor
vehicle.
(2)
The authorised officer may stop and detain a
motor vehicle that is being used on a road or road related area for the
purpose of exercising those functions. The authorised officer may do so with
such assistance, and using such force, as is necessary and
reasonable.
(3)
The authorised officer may require the driver or
person in charge of the motor vehicle to comply with any reasonable direction
by the officer to stop, stand, park or manoeuvre the vehicle, or to do any
other thing, for the purpose of facilitating the inspection or testing of the
vehicle or equipment.
(4)
A direction to stop the motor vehicle may be
given by the authorised officer by displaying a sign or by any other
reasonable method.
(5)
If a motor vehicle has been stopped in compliance
with a direction under this section, any inspection and testing of the vehicle
or equipment must be carried out:
(a)
at or as near as practicable to the place where
the direction to stop the vehicle is given, and
(b)
as soon as practicable, and in any case within
one hour, after the vehicle is stopped in accordance with the
direction.
118Notices requiring inspection
or testing
A notice under this Part requiring a motor
vehicle or equipment to be inspected or tested may require the vehicle or
equipment:
(a)
to be inspected or tested at a specified place
(being a place within 80 kilometres of the owner’s or person’s
place of residence or place of business), or
(b)
to be tested by or in the presence of an
authorised officer.
119Powers when inspecting
vehicles
An authorised officer who is authorised to
inspect a vehicle may:
(a)
enter and remain in or on the vehicle,
and
(b)
enter and remain on any premises where the
vehicle is located, and
(c)
operate the vehicle and any operable equipment
in, on or about the vehicle.
120Securing a
site
(1)
For the purpose of protecting evidence that might
be relevant for an investigation or inquiry or ensuring safety, an authorised
officer may secure the perimeter of any site at a place entered under this
Part by whatever means the officer or the Commissioner considers
appropriate.
(2)
A person must not, without the permission of an
authorised officer, enter or remain at a site the perimeter of which is
secured under this section.
Maximum penalty: $110,000.
(3)
Subsection (2) does not apply if the person
enters the site, or remains at the site:
(a)
to ensure the safety of persons,
or
(b)
to remove deceased persons or animals from the
site, or
(c)
to move a vehicle, or the wreckage of a vehicle,
to a safe place, or
(d)
to protect the environment from significant
damage or pollution.
(4)
An authorised officer must not unreasonably
withhold a permission referred to in subsection (2).
121Production of
documents
(1)
An authorised officer may, by written notice,
require a person to produce documents or information.
(2)
The notice must specify the manner in which
documents or information are required to be produced and a reasonable time by
or at which they must be produced.
(3)
If any document required by the notice to be
produced is in electronic form or a form other than writing, the notice
requires the document to be produced in writing, unless the notice otherwise
provides.
(4)
The notice may relate to a document that is
located outside this State or Australia.
(5)
A person is liable to an offence under section
126 of failing to produce a document required by a notice even if the document
is not located in this State if the person is reasonably able to bring the
document or a copy of the document to this State.
122Retention of documents and
other material
(1)
This section applies to the following
material:
(a)
a document or other thing produced under this
Part,
(b)
a thing seized under this
Part.
(2)
An authorised officer must provide a receipt for
the document or thing.
(3)
An authorised officer may make copies of the
document or thing.
(4)
An authorised officer may examine or test the
document or thing, even though that might result in damage to or destruction
of the document or thing or a reduction in its value.
(5)
An authorised officer must return the document or
thing when it is no longer needed for the purposes of an inspection,
investigation or inquiry. However, if there is no owner or the authorised
officer cannot, despite making reasonable efforts, locate the owner, the
authorised officer may dispose of the document or thing in the manner that the
authorised officer thinks appropriate.
(6)
Despite subsection (5), an authorised officer
must make the document or thing available to a relevant body on the written
request of the body for the purposes of:
(a)
an investigation under a law of the Commonwealth
or another State or Territory, or
(b)
a coronial inquest or
inquiry.
(7)
An authorised officer must permit a person who
would be entitled to inspect the document or thing were it not in the
possession of the authorised officer to inspect the document or thing at any
reasonable time and to make copies of the document or
thing.
(8)
In this section:
owner includes an agent of an
owner.
relevant
body means:
(a)
a government sector agency within the meaning of
the Government Sector Employment Act 2013,
or
(b)
a NSW government agency, or
(c)
an agency of the Commonwealth or another State or
Territory, or
(d)
a State or Territory Government,
or
(e)
a coroner.
123Power to require explanation
of documents
(1)
This section applies to the following
documents:
(a)
a document seized or produced under this
Part,
(b)
a document found on premises inspected under this
Part.
(2)
An authorised officer may require a person who
was a party to the creation of a document to provide any explanation that the
person is able to provide of a matter relating to the creation of the document
or to which the document relates.
124Provisions relating to
requirements to provide documents or information or answer
questions
(1)Warning to be given on each
occasion
A person is not guilty of an offence under
section 126 of failing to comply with a requirement under this Act to provide
documents or information or to answer a question unless the person was warned
on that occasion that a failure to comply is an offence.
(2)Self-incrimination not an
excuse
A person is not excused from a requirement under
this Act to provide documents or information or to answer a question on the
ground that the document, information or answer might incriminate the person
or make the person liable to a penalty.
(3)Information or answer not
admissible if objection made
However, any information provided or answer given
by a natural person in compliance with a requirement under this Act is not
admissible in evidence against the person in criminal proceedings (except
proceedings for an offence against section 126) if:
(a)
the person objected at the time to doing so on
the ground that it might incriminate the person, or
(b)
the person was not warned on that occasion that
the person may object to providing the information or giving the answer on the
ground that it might incriminate the person.
(4)Documents
admissible
Any document provided by a person in compliance
with a requirement under this Act is not inadmissible in evidence against the
person in criminal proceedings on the ground that the document might
incriminate the person.
(5)Further
information
Further information obtained as a result of a
document or information provided or an answer given in compliance with a
requirement under this Act is not inadmissible on the ground:
(a)
that the document or information had to be
provided or the answer had to be given, or
(b)
that the document or information provided or
answer given might incriminate the person.
125Search
warrants
(1)
An authorised officer may apply to an issuing
officer for a search warrant if the applicant has reasonable grounds for
believing that the provisions of this Act or the regulations or the terms of
an authorisation, taxi licence or requirement under this Act have been or are
being contravened on premises.
(2)
An issuing officer to whom an application for a
search warrant is made under this section may, if satisfied that there are
reasonable grounds for doing so, issue a search warrant authorising an
authorised officer named in the warrant and any other person named in the
warrant:
(a)
to enter the premises concerned,
and
(b)
to search the premises for evidence of a
contravention of this Act, the regulations or the terms of an authorisation,
taxi licence or requirement under this Act.
(3)
Division 4 of Part 5 of the Law
Enforcement (Powers and Responsibilities) Act 2002 applies
to a search warrant issued under this section.
(4)
Without limiting the generality of section 71 of
the Law Enforcement (Powers and Responsibilities) Act
2002, a police officer:
(a)
may accompany an authorised officer executing a
search warrant issued under this section, and
(b)
may take all reasonable steps to assist the
authorised officer in the exercise of the officer’s functions under this
section.
(5)
In this section:
issuing
officer means an authorised officer within the meaning of
the Law Enforcement (Powers and Responsibilities) Act
2002.
Part 8Offences and
penalties
Division 1Offences
126Offences relating to
inspections
(1)
A person must not, without reasonable excuse,
hinder or obstruct an authorised officer in a manner that interferes with the
exercise by the officer of his or her functions under this Act or the
regulations.
(2)
The occupier or person in charge of any premises
or land entered by an authorised officer under this Act must not, without
reasonable excuse, fail to provide the officer with all reasonable assistance
for the effective exercise of the officer’s functions under this Act or
the regulations.
(3)
A person must not, without reasonable excuse,
fail to answer questions or provide information when required to do so by an
authorised officer in the exercise of the officer’s functions under this
Act or the regulations.
(4)
A person must not, without reasonable excuse,
fail to produce for inspection any documents or other things when required to
do so by an authorised officer in the exercise of the officer’s
functions under this Act or the regulations.
Maximum penalty:
(a)
in the case of a body corporate—$110,000,
or
(b)
in the case of an individual—500 penalty
units.
127Offences involving
credentials
A person who:
(a)
by any statement or misrepresentation that the
person knows to be false, obtains or attempts to obtain any authorisation or
taxi licence under this Act, or
(b)
forges or fraudulently alters or uses any such
authorisation or taxi licence, or
(c)
fraudulently allows any such authorisation or
taxi licence to be used by any other person,
is guilty of an offence.
Maximum penalty: 20 penalty
units.
128Offenders to state name and
address
(1)
A person may be required to state his or her full
name and residential address by an authorised officer if the authorised
officer:
(a)
reasonably suspects the person to be committing
or to have committed an offence against this Act or the regulations,
or
(b)
finds the person in circumstances that lead, or
has information that leads, the officer reasonably to suspect the person has
committed such an offence.
(2)
A person who:
(a)
without reasonable excuse, fails or refuses to
comply with the requirements of an authorised officer made under subsection
(1), or
(b)
in purported compliance with such a requirement,
states a name that is not his or her name or an address that is not his or her
residential address,
is guilty of an offence.
Maximum penalty: 5 penalty
units.
(3)
A person is not guilty of an offence under this
section unless it is established that the authorised officer:
(a)
warned the person that a failure or refusal to
comply with the requirement is an offence, and
(b)
identified himself or herself as an authorised
officer or, in the case of an authorised officer who is a police officer, as a
police officer.
(4)
The authorised officer may also request the
person to provide evidence of the correctness of the stated name or required
address.
(5)
Failure to provide that evidence does not
constitute an offence.
129Prohibited
advertisements
(1)
A person must not cause to be published any
advertisement for a service involving the use of a motor vehicle or a booking
service if:
(a)
a provider of that kind of service is required to
be authorised under this Act and the operator is not so authorised,
or
(b)
that kind of vehicle is required to be licensed
under this Act and the vehicle is not so licensed.
Maximum penalty: 50 penalty
units.
(2)
It is a defence to proceedings against a person
who causes an advertisement to be published if the person establishes that the
person did not know, and could not reasonably have known, that the provider of
a service was not authorised, or a vehicle was not licensed, under this
Act.
(3)
In this section:
publish means disseminate or provide
access to the public or a section of the public by means of radio, television,
the Internet, newspapers, billboards, cinemas or other
media.
130Return of authorisations and
taxi licences
(1)
A person to whom an authorisation or taxi licence
under this Act was granted must immediately return it to the Commissioner if
the authorisation or licence is suspended or cancelled or otherwise ceases to
be in force.
(2)
The holder of a taxi licence under this Act must,
if the licence is suspended for a period of more than 28 days or cancelled or
otherwise ceases to have effect, return the number-plates allocated to the
vehicle under the licence to the Point to Point Transport Commissioner or the
Commissioner of Police within 7 days of the suspension, cancellation or
licence otherwise ceasing to have effect.
Maximum penalty: 25 penalty
units.
131Vehicle owner’s
defence
It is a defence to proceedings against the owner
of a taxi or hire vehicle for an offence under this Act or the regulations
applying to or in respect of the taxi or hire vehicle if the owner establishes
that the owner did not know, and could not have reasonably known, that the
vehicle was used as a taxi or hire vehicle.
Division 2Proceedings for
offences
132Imputing conduct to bodies
corporate
(1)
For the purposes of this Act, any conduct engaged
in on behalf of a body corporate by an employee, agent or officer of the body
corporate acting within the actual or apparent scope of his or her employment,
or within his or her actual or apparent authority, is conduct also engaged in
by the body corporate.
(2)
If an offence under this Act requires proof of
knowledge, intention or recklessness, it is sufficient in proceedings against
a body corporate for that offence to prove that the person referred to in
subsection (1) had the relevant knowledge, intention or
recklessness.
(3)
If for an offence against this Act mistake of
fact is relevant to determining liability, it is sufficient in proceedings
against a body corporate for that offence if the person referred to in
subsection (1) made that mistake of fact.
133Liability of directors etc for
offences by body corporate—offences attracting executive
liability
(1)
For the purposes of this section, an executive
liability offence is an offence against any of the following
provisions that is committed by a body corporate:
(a)
section 27 or 28,
(b)
section 47 or 48,
(c)
section 76 (5), 78 or 79 (4),
(d)
section 85, 89 or 102,
(e)
section 126.
(2)
A person commits an offence against this section
if:
(a)
a body corporate commits an executive liability
offence, and
(b)
the person is:
(i)
a director of the body corporate,
or
(ii)
an individual who is involved in the management
of the body corporate and who is in a position to influence the conduct of the
body corporate in relation to the commission of the executive liability
offence, and
(c)
the person:
(i)
knows or ought reasonably to know that the
executive liability offence (or an offence of the same type) would be or is
being committed, and
(ii)
fails to take all reasonable steps to prevent or
stop the commission of that offence.
Maximum penalty: The maximum penalty for the
executive liability offence if committed by an
individual.
(3)
The prosecution bears the legal burden of proving
the elements of the offence against this section.
(4)
The offence against this section can only be
prosecuted by a person who can bring a prosecution for the executive liability
offence.
(5)
This section does not affect the liability of the
body corporate for the executive liability offence, and applies whether or not
the body corporate is prosecuted for, or convicted of, the executive liability
offence.
(6)
This section does not affect the application of
any other law relating to the criminal liability of any persons (whether or
not directors or other managers of the body corporate) who are accessories to
the commission of the executive liability offence or are otherwise concerned
in, or party to, the commission of the executive liability
offence.
(7)
In this section:
director has the same meaning as in
the Corporations Act 2001 of the
Commonwealth.
reasonable steps, in relation to the
commission of an executive liability offence, includes, but is not limited to,
such action (if any) of the following kinds as is reasonable in all the
circumstances:
(a)
action towards:
(i)
assessing the body corporate’s compliance
with the provision creating the executive liability offence,
and
(ii)
ensuring that the body corporate arranged regular
professional assessments of its compliance with the
provision,
(b)
action towards ensuring that the body
corporate’s employees, agents and contractors are provided with
information, training, instruction and supervision appropriate to them to
enable them to comply with the provision creating the executive liability
offence so far as the provision is relevant to them,
(c)
action towards ensuring that:
(i)
the plant, equipment and other resources,
and
(ii)
the structures, work systems and other
processes,
relevant to compliance with the provision creating the
executive liability offence are appropriate in all the
circumstances,
(d)
action towards creating and maintaining a
corporate culture that does not direct, encourage, tolerate or lead to
non-compliance with the provision creating the executive liability
offence.
134Ancillary
offences
(1)
A person:
(a)
who causes another person to commit,
or
(b)
by whose order or direction another person
commits, or
(c)
who aids, abets, counsels or procures the
commission of, or
(d)
who conspires to
commit,
an offence under another provision of this Act or the
regulations is guilty of an offence against this Act or the regulations and
liable to a penalty in the same way as the principal
offender.
(2)
A person may be proceeded against for an offence
against subsection (1) whether or not the principal offender has been
prosecuted or convicted.
135Penalty
notices
(1)
An authorised officer may serve a penalty notice
on a person if it appears to the officer that the person has committed an
offence against this Act or the regulations, being an offence prescribed by
the regulations as a penalty notice offence.
(2)
A penalty notice is a notice to the effect that,
if the person served does not wish to have the matter determined by a court,
the person can pay, within the time and to the person specified in the notice,
the amount of the penalty prescribed by the regulations for the offence if
dealt with under this section.
(3)
A penalty notice under this section is declared
to be a penalty notice for the purposes of the Fines Act
1996.
(4)
A penalty notice may be served personally or by
post.
(5)
If the amount of penalty prescribed for an
alleged offence is paid under this section, no person is liable to any further
proceedings for the alleged offence.
(6)
Payment under this section is not to be regarded
as an admission of liability for the purpose of, and does not in any way
affect or prejudice, any civil claim, action or proceeding arising out of the
same occurrence.
(7)
The regulations may:
(a)
prescribe an offence for the purposes of this
section by specifying the offence or by referring to the provision creating
the offence, and
(b)
prescribe the amount of penalty payable for the
offence if dealt with under this section, and
(c)
prescribe different amounts of penalties for
different offences or classes of offences.
(8)
The amount of a penalty prescribed under this
section for an offence is not to exceed the maximum amount of penalty that
could be imposed for the offence by a court.
(9)
This section does not limit the operation of any
other provision of, or made under, this or any other Act relating to
proceedings that may be taken in respect of offences.
(10)
In this section:
authorised officer means:
(a)
a police officer, or
(b)
another officer authorised in writing by the
Commissioner as an authorised officer for the purposes of this
section.
136Nature of proceedings for
offences
(1)
Proceedings for an offence under this Act or the
regulations may be dealt with:
(a)
summarily before the Local Court,
or
(b)
summarily before the Supreme Court in its summary
jurisdiction.
(2)
Proceedings for a Category 1 offence under Part 2
committed by an individual are to be taken on
indictment.
(3)
If proceedings are brought in the Local Court,
the maximum monetary penalty that the Local Court may impose for the offence
is $50,000, despite any higher maximum monetary penalty provided in respect of
the offence.
(4)
Despite the Criminal
Procedure Act 1986 or any other Act, proceedings for an
offence under this Act or the regulations may be commenced not later than 2
years after the date alleged to be the date on which the offence was
committed.
(5)
Proceedings for an offence under this Act (other
than an offence dealt with on indictment) may be taken by the Commissioner or
any other person permitted to do so by section 14 of the Criminal Procedure Act
1986.
Part 9Point to Point Transport
Commissioner
137Point to Point Transport
Commissioner
(1)
The Governor, on the recommendation of the
Minister, may appoint a Point to Point Transport
Commissioner.
(2)
The Commissioner holds office for the term, not
exceeding 5 years, that is specified in the instrument of appointment but is
eligible (if otherwise qualified) for re-appointment.
(3)
A person is not eligible to be appointed for more
than 2 terms of office as the Commissioner.
(4)
The office of Commissioner is a statutory office
and the provisions of the Government Sector Employment Act
2013 relating to the employment of Public Service
employees do not apply to that office (except as provided by section 138 of
this Act).
138Employment and
remuneration
(1)
The employment of the Commissioner is (subject to
this Part) to be governed by a contract of employment between the Commissioner
and the Minister.
(2)
The following provisions of or made under the
Government Sector Employment Act 2013
relating to the employment of Public Service senior executives apply to the
Commissioner (but in the application of those provisions a reference to the
employer of any such executive is to be read as a reference to the
Minister):
(a)
provisions relating to the band in which an
executive is to be employed,
(b)
provisions relating to the contract of employment
of an executive,
(c)
provisions relating to the remuneration,
employment benefits and allowances of an executive.
139Functions of
Commissioner
(1)
The Commissioner has the following
functions:
(a)
to administer the authorisation and licensing
schemes established by this Act,
(b)
to manage the enforcement of this Act and the
regulations,
(c)
to recommend safety and other standards for
passenger services or booking services,
(d)
to assist in the determination of liability for,
and enforcement of payment of, the passenger service levy imposed under
Schedule 4,
(e)
to advise the Minister on matters relating to
passenger services and booking services,
(f)
any other functions conferred or imposed on the
Commissioner by or under this or any other Act.
(2)
The Commissioner is not subject to the direction
of the Minister in respect of the exercise of the Commissioner’s
functions in applying this Act to particular persons or providers of services
or to particular applications under this Act.
(3)
The Commissioner is to determine the
Commissioner’s service delivery priorities having regard to the
Minister’s expectations for service delivery established by a Statement
of Expectations issued annually to the Commissioner by the
Minister.
(4)
The Commissioner must provide to the Minister any
information required by the Minister relating to the Commissioner’s
functions and the exercise of those functions, including the exercise of a
function referred to in subsection (2).
140Delegation
(1)
The Commissioner may delegate the exercise of any
function of the Commissioner under this or any other Act (other than this
power of delegation) to:
(a)
any person employed in the government sector
under the Government Sector Employment Act
2013 or any statutory officer, or
(b)
any person, or any class of persons, authorised
for the purposes of this section by the
regulations.
(2)
The Minister may delegate any function of the
Minister under this Part to the Secretary of the Department of Transport or a
person prescribed by the regulations for the purposes of this
subsection.
141Acting
Commissioner
(1)
The Minister may, from time to time, appoint a
person to act in the office of the Commissioner during the illness or absence
of the Commissioner, and the person, while so acting, has all the functions of
the Commissioner and is taken to be the Commissioner.
(2)
The Minister may, at any time, remove any person
from an office to which the person was appointed under this
section.
(3)
A person while acting in the office of the
Commissioner is entitled to be paid such remuneration (including travelling
and subsistence allowances) as the Minister may from time to time determine in
respect of the person.
(4)
For the purposes of this section, a vacancy in
the office of the Commissioner is to be regarded as an absence from office of
the Commissioner.
142Vacancy in
office
(1)
The office of Commissioner becomes vacant if the
holder:
(a)
dies, or
(b)
completes a term of office and is not
re-appointed, or
(c)
resigns the office by instrument in writing
addressed to the Minister, or
(d)
becomes bankrupt, applies to take the benefit of
any law for the relief of bankrupt or insolvent debtors, compounds with his or
her creditors or makes an assignment of his or her remuneration for their
benefit, or
(e)
becomes a mentally incapacitated person,
or
(f)
is convicted in New South Wales of an offence
that is punishable by imprisonment for 12 months or more or is convicted
elsewhere than in New South Wales of an offence that, if committed in New
South Wales, would be an offence so punishable, or
(g)
is removed from office under section
143.
(2)
If the office of the Commissioner becomes vacant,
a person is, subject to this Act, to be appointed to fill the
vacancy.
143Removal from
office
The Governor may remove the Commissioner from
office, but only for incompetence, incapacity or
misbehaviour.
144Staff of
Commissioner
(1)
Persons may be employed in the Transport Service
under Part 7A of the Transport Administration Act
1988 or the Public Service to enable the Commissioner to
exercise his or her functions.
(2)
The Transport Secretary (within the meaning of
that Act) may delegate to the Commissioner any of the Transport
Secretary’s functions under that Part in respect of a person employed in
the Transport Service to enable the Commissioner to exercise his or her
functions.
Part 10Reviews and
appeals
145Reviews by
NCAT
(1)
A person aggrieved by a reviewable decision may
apply to the Civil and Administrative Tribunal for an administrative review
under the Administrative Decisions Review
Act 1997 of the decision.
(2)
The following decisions under this Act are
reviewable decisions:
(a)
a decision to refuse an application for an
authorisation or a taxi licence,
(b)
a decision to suspend or cancel an authorisation
or a taxi licence,
(c)
a decision to vary a condition of an
authorisation or a taxi licence, or to impose or revoke a condition of an
authorisation or a taxi licence.
146Appeals to the Local
Court
(1)
A person may appeal to the Local Court against an
appellable decision made in relation to the person under this
Act.
(2)
The following decisions under this Act are
appellable decisions:
(a)
a decision to issue an audit notice, improvement
notice or prohibition notice,
(b)
a decision not to extend the time for compliance
with an audit notice or an improvement notice,
(c)
a decision to vary or cancel an audit notice,
improvement notice or prohibition notice,
(d)
any other decision prescribed by the regulations
for the purposes of this section.
147Procedures for Local Court
appeals
(1)
An appeal to the Local Court against an
appellable decision is to be made by notice of appeal filed with the Local
Court:
(a)
no later than 28 days after the person who made
the appellable decision notified the person who is entitled to appeal of the
decision, or
(b)
within any other period that may be prescribed by
the regulations.
(2)
Subject to the rules of the Local Court, the
notice of appeal must specify the grounds of appeal.
(3)
The relevant registrar of the Local Court must
give notice of the time and place of the hearing of any appeal under this
section, and of the grounds for the appeal, to the
Commissioner.
(4)
The time of the hearing of an appeal must not be
earlier than 28 days after the date on which the notice under subsection (3)
is given.
(5)
The hearing of an appeal may proceed despite any
omission or error in a notice under subsection (3), or the failure to give any
such notice, if the Local Court is satisfied that the appellant and the person
to whom the notice was to be given had knowledge of the time and place of the
hearing and were not prejudiced by any such omission or error or by the
failure to give any such notice.
148Determination of
appeals
(1)
The Local Court is to hear and determine an
appeal made to the Court under this Part.
(2)
The Local Court may determine an appeal:
(a)
by setting aside the decision,
or
(b)
by varying the decision, or
(c)
by dismissing the appeal, or
(d)
by making any other order that to the Court seems
just in the circumstances.
(3)
In varying a decision in an appeal, the Local
Court may exercise only powers that the person who made the decision appealed
against (the decision-maker) could have exercised
under this Act when making the decision.
(4)
If the decision that is appealed against was
based on a disqualifying offence or other offence committed (or alleged to
have been committed) by the appellant, the appeal against the decision does
not permit review of the guilt or innocence of the appellant for the
offence.
(5)
Subject to the regulations, the decision of the
Local Court in respect of an appeal is final and binding on the appellant and
on the decision-maker.
(6)
Regulations may be made for or with respect to
the following matters:
(a)
the matters that the Local Court may or must take
into account (or not take into account) when determining an appeal against a
specified class or classes of appellable decisions,
(b)
the notification of appeal rights concerning
appellable decisions,
(c)
the giving of reasons for appellable
decisions,
(d)
the grounds on which the Local Court may (or may
not) allow an appeal against a specified appellable
decision,
(e)
the adjournment of appeals,
(f)
the internal review of specified appellable
decisions as a precondition to appeals against the
decisions,
(g)
the actions that may be taken by the Local Court,
or must be taken by the Commissioner or any other person, after the
determination of an appeal,
(h)
the circumstances in which specified appellable
decisions are or are not stayed (or may or may not be stayed) by the Local
Court pending the determination of an appeal,
(i)
the admission of specified certified documents in
evidence in an appeal as prima facie evidence of the matters stated in the
document.
Part 11Miscellaneous
149Exchange of
information
(1)
The Commissioner may enter into an arrangement
(an information sharing arrangement)
with a relevant agency for the purposes of sharing or exchanging information
held by the Commissioner or the agency.
(2)
The information to which an information sharing
arrangement may relate is limited to the following:
(a)
information concerning possible breaches of this
Act or the regulations,
(b)
information concerning the safe provision of a
passenger service or booking service,
(c)
information concerning authorisations or
licences, or applications for authorisations or licences, under this
Act,
(d)
information concerning notices issued,
undertakings or orders made and audits carried out, under this
Act,
(e)
information concerning any proceedings commenced
against or conviction of a person for a disqualifying
offence,
(f)
driver licensing and vehicle registration
information relating to drivers for passenger services and vehicles used or
proposed to be used to provide passenger services,
(g)
any other information that may be prescribed by
the regulations.
(3)
Under an information sharing arrangement, each
party to the arrangement is, despite any other Act or law of the State,
authorised:
(a)
to request and receive information held by the
other party to the arrangement, and
(b)
to disclose information to the other party or
another relevant agency specified in the
arrangement,
but only to the extent that the information is
reasonably necessary to assist in the exercise of functions of the
Commissioner under this Act (or any other Act administered by the Minister for
Transport and Infrastructure, whether solely or jointly with another Minister)
or the functions of any relevant agency concerned.
(4)
This section does not limit the operation of any
Act under which the Commissioner or a relevant agency is authorised or
required to disclose information to another person or
body.
(5)
In this section and section 150:
relevant
agency means:
(a)
SafeWork NSW as referred to in clause 1 of
Schedule 2 to the Work Health and Safety Act
2011, or
(b)
the Commissioner of Police or a person holding an
equivalent position in relation to the police force of another State or
Territory or the Australian Federal Police, or
(c)
TfNSW or RMS, or
(d)
IPART, or
(e)
the State Insurance Regulatory Authority
constituted under the State Insurance and Care
Governance Act 2015, or
(f)
an authorised provider of a taxi service or
booking service, or
(g)
any other person or body prescribed by the
regulations.
150Notification of offences and
other information
(1)
The Commissioner of Police is authorised at any
time, in accordance with an information sharing arrangement or at the request
of the Point to Point Transport Commissioner, to disclose to the Point to
Point Transport Commissioner or any other relevant agency the following
information:
(a)
information relating to disqualifying offences,
despite anything to the contrary in section 579 of the Crimes
Act 1900,
(b)
information relating to the criminal history of a
person, including (but not limited to) information about disqualifying
offences,
(c)
information relating to criminal proceedings,
whether or not heard, proven, dismissed, withdrawn or
discharged.
(2)
Information about a person’s criminal
history may be disclosed under this Act whether or not the information relates
to events that occurred when the person was under the age of 18
years.
151Disclosure of authorisation
and other information
(1)
The Commissioner may disclose, or permit the
disclosure of, information about the following:
(a)
the authorisation or licensing status of, or an
application for an authorisation or taxi licence by, a
person,
(b)
the compliance of a person with requirements
imposed under this Act.
(2)
A person may disclose information referred to in
subsection (1) about a person if permitted to do so by the
Commissioner.
(3)
The Commissioner may disclose, or permit the
disclosure of, information under this section only if the Commissioner is
satisfied that it is reasonably necessary for the purposes of this Act or the
regulations.
(4)
Information may be disclosed under this section
whether or not the information also discloses the identity of a person or
information from which the identity of the person may be
obtained.
(5)
This section does not limit the disclosure of
information under any other provision of this Act.
152Disclosure of
information
A person must not disclose any information
obtained in connection with the administration or execution of this Act or the
regulations unless that disclosure is made:
(a)
with the consent of the person from whom the
information was obtained, or
(b)
in connection with the administration or
execution of this Act or the regulations, or
(c)
for the purposes of any legal proceedings arising
out of this Act or the regulations or of any report of any such proceedings,
or
(d)
in accordance with a requirement imposed under
the Ombudsman Act 1974,
or
(e)
with other lawful
excuse.
Maximum penalty: 100 penalty
units.
153Records and evidentiary
matters
(1)
The Commissioner must keep records of the grant,
refusal, variation, suspension and cancellation of authorisations and licences
under this Act.
(2)
The Commissioner must keep records of the issue,
variation and cancellation of notices under this Act.
(3)
A certificate purporting to be signed by a person
approved by the Commissioner for the purposes of this section (the approved person) and certifying
that:
(a)
on a date specified in the certificate,
or
(b)
during any period so
specified,
the particulars set out in the certificate as to any
matter required to be recorded under this section did or did not appear on or
from the records is, for the purposes of any legal proceedings, prima facie
evidence of what it certifies.
(4)
The certificate is admissible in any
proceedings:
(a)
without proof of the authenticity of the approved
person’s signature, and
(b)
without production of any record or document on
which the certificate is founded.
(5)
In any legal proceedings under this Act, proof is
not required (until evidence is given to the contrary) of the
following:
(a)
the fact that a motor vehicle is subject to a
provision of this Act or the regulations in question,
(b)
the fact that the defendant is, or at any
relevant time was, the driver of any motor vehicle in
question,
(c)
the fact that the defendant is, or at any
relevant time was, the owner or agent of the owner of any motor vehicle in
question,
(d)
the fact that, at any relevant time, any motor
vehicle was used for commercial purposes.
154Extraterritorial
application
(1)
A requirement may be imposed under this Act on a
person in respect of a matter even though the person is outside the State or
the matter occurs or is located outside the State, so long as the matter
affects a matter to which this Act relates.
(2)
Without limiting subsection (1), this Act extends
to records in the possession, custody or control of a person even when the
records are located outside the State.
(3)
In this section:
requirement means:
(a)
a requirement imposed under a notice, a
direction, an order or an exemption under this Act, or
(b)
a requirement contained in an undertaking given
under this Act, or
(c)
a requirement imposed by an authorised officer in
the exercise of functions under Part 7 or Schedule
4.
Note—
Section 31 of the Interpretation
Act 1987 applies to this Act and provides that an Act is
to be construed as operating to the full extent of, but so as not to exceed,
the legislative power of the State. That section also operates to preserve
provisions to the extent that they do not exceed legislative
power.
155Fees, charges and
levies
(1)
Any fees, charges or levies payable under this
Act or the regulations may be recovered by the Commissioner as a debt in any
court of competent jurisdiction.
(2)
The amount of a fee for a taxi licence determined
or prescribed under this Act may exceed the amount required to cover the
administrative or other costs of the matter to which it
relates.
156Service of
documents
(1)
A document (including a notice) that is
authorised or required by this Act or the regulations to be given to any
person may be given by:
(a)
in the case of an individual:
(i)
delivering it to the person personally,
or
(ii)
sending it by post to the address specified by
the person for the giving or service of documents or, if no such address is
specified, the residential or business address of the person last known to the
person giving or serving the document, or
(iii)
sending it by email to the email address of the
person provided by the person for service of a document of that kind or by
facsimile transmission to the facsimile number of the person,
or
(b)
in the case of a body corporate:
(i)
leaving it with a person apparently of or above
the age of 16 years at, or by sending it by post to, the head office, a
registered office or a principal office of the body corporate or to an address
specified by the body corporate for the giving or service of documents,
or
(ii)
sending it by email to the email address of the
body corporate provided by the body corporate for service of a document of
that kind or by facsimile transmission to the facsimile number of the body
corporate.
(2)
Nothing in this section affects the operation of
any provision of a law or of the rules of a court authorising a document to be
given to a person in any other manner.
157Compensation not
payable
(1)
Compensation is not payable by or on behalf of
the State:
(a)
because of the enactment or operation of this
Act, or for any consequence of that enactment or operation,
or
(b)
because of any statement or conduct relating to
the enactment or operation of this Act.
(2)
In this section:
compensation includes damages or any
other form of monetary compensation.
conduct includes any act or
omission, whether unconscionable, misleading, deceptive or
otherwise.
operation
of this Act includes the operation of any inquiry, notice or
order under this Act and any contract or other agreement entered into under or
for the purposes of this Act.
statement includes a representation
of any kind:
(a)
whether made verbally or in writing,
and
(b)
whether negligent, false, misleading or
otherwise.
the
State means the Crown within the meaning of the Crown Proceedings Act 1988, and includes
an officer, employee or agent of the Crown.
158Regulations
(1)
The Governor may make regulations, not
inconsistent with this Act, for or with respect to any matter that by this Act
is required or permitted to be prescribed or that is necessary or convenient
to be prescribed for carrying out or giving effect to this
Act.
(2)
In particular, the regulations may make provision
for or with respect to the matters set out in Schedule
1.
(3)
A regulation may create an offence punishable by
a penalty not exceeding 250 penalty units (in the case of a body corporate)
and 50 penalty units (in any other case).
(4)
The regulations may exempt or provide for the
exemption, unconditionally or subject to conditions, from any or all of the
provisions of this Act of persons, vehicles, passenger services or booking
services or any class of persons, vehicles, passenger services or booking
services.
(5)
The regulations may apply, adopt or incorporate
(with or without changes) any publication as in force from time to
time.
159Review of taxi and hire
vehicle industries impacts
(1)
The Minister may review the impacts of this Act
on the taxi and hire vehicle industries.
(2)
Any review is to be undertaken as soon as
possible after the period of 12 months from the commencement of Part 3 of this
Act.
(3)
A report on the outcome of the review is to be
tabled in each House of Parliament within the following 12
months.
160Review of
Act
(1)
The Minister is to review this Act to determine
whether the policy objectives of the Act remain valid and whether the terms of
the Act remain appropriate for securing those
objectives.
(2)
The review is to be undertaken as soon as
possible after the period of 5 years from the date of assent to this
Act.
(3)
A report on the outcome of the review is to be
tabled in each House of Parliament within 12 months after the end of the
period of 5 years.
Schedule 1Regulation-making
powers
(Section 158
(2))
1General regulatory
power
(1)
The regulation and control of vehicles used to
provide a passenger service, their drivers and
passengers.
(2)
The other provisions of this Schedule do not
limit subclause (1).
2Conduct
(1)
Matters relating to the conduct of persons
(including drivers) in connection with a passenger
service.
(2)
Without limiting subclause (1), the following
matters:
(a)
prohibiting or regulating conduct in or on
vehicles used for a passenger service or premises used in connection with a
passenger service,
(b)
the display of identification information by
drivers or of authorisation information,
(c)
authorising drivers of vehicles used to provide a
passenger service, and authorised persons, to eject persons who contravene the
regulations,
(d)
the security, safety and order of persons using
passenger services,
(e)
requiring drivers of vehicles used for passenger
services to produce driver licences on the request of authorised
officers.
3Passenger service
vehicles
(1)
Matters relating to the use or operation of motor
vehicles used for a passenger service.
(2)
Without limiting subclause (1), the following
matters:
(a)
prohibiting or restricting the use of the
vehicles on any specified road, road related area or special purpose lane or
part of a road, road related area or special purpose lane generally or within
certain times,
(b)
requirements for the vehicles, including age,
design, equipment, markings and fittings (internal and
external),
(c)
prohibiting or restricting the use or provision
of vehicles for passenger services that do not comply with vehicle
requirements or applicable safety standards,
(d)
requiring the exhibition of specified public
interest notices in or on the vehicles,
(e)
prohibiting or regulating methods of plying for
hire on any or a specified road, road related area or special purpose
lane,
(f)
insurance requirements for providers of services
and arrangements between providers and drivers and other
persons,
(g)
advertisements in or on vehicles used to provide
passenger services.
4Fares
(1)
Matters relating to the payment of fares for
travel on passenger services.
(2)
Without limiting subclause (1), the following
matters:
(a)
imposing penalties for failing to pay the
appropriate fare,
(b)
pre-payment of fares,
(c)
fare estimates,
(d)
publication of fares or other arrangements for
payment for passenger services,
(e)
collection of fares.
5General operation of
services
(1)
Matters relating to the provision of passenger
services or booking services.
(2)
Without limiting subclause (1), the following
matters:
(a)
prohibiting any person from touting or calling
out or otherwise importuning any person to use a vehicle,
(b)
signs and notices for the guidance of drivers or
passengers,
(c)
drivers,
(d)
the transport of luggage and other goods, or
animals.
6Left
property
(1)
Matters relating to property left in vehicles
used for passenger services.
(2)
Without limiting subclause (1), the following
matters:
(a)
custody and return of
property,
(b)
disposal and sale of unclaimed
property,
(c)
compensation for such
property.
7Authorisations, taxi licences
and fees
(1)
Matters relating to authorisations or taxi
licences.
(2)
Without limiting subclause (1), the following
matters:
(a)
fees for processing applications for an
authorisation or taxi licence or a renewal of an authorisation or taxi
licence,
(b)
authorisation or taxi licence
fees,
(c)
conditions of authorisations or taxi
licences.
8Advertisements
(1)
The regulation or prohibition of advertisements
relating to passenger services.
(2)
Without limiting subclause (1), advertisements
displayed in or on motor vehicles used for passenger
services.
9Information and
records
(1)
Matters relating to the provision of information
to or by the Commissioner or TfNSW and the keeping of records by providers of
passenger services and booking services, holders of taxi licences and the
owners and drivers of vehicles used for passenger
services.
(2)
Without limiting subclause (1), the following
matters:
(a)
the furnishing of returns by providers, including
about financial information,
(b)
in the case of a booking service, the keeping and
furnishing of records about bookings,
(c)
the furnishing of returns by owners of vehicles
used for passenger services,
(d)
the inspection of records required to be kept by
providers and owners and drivers of vehicles,
(e)
the keeping of records in this State or in a form
that can be made available in, or is accessible from, this
State.
10Smartcards
(1)
Matters relating to the use or operation of
smartcards and smartcard readers.
(2)
Without limiting subclause (1), the following
matters:
(a)
testing and certification of smartcard
readers,
(b)
admission in legal proceedings as evidence
(including conclusive evidence) of:
(i)
information obtained by smartcard readers,
and
(ii)
certificates as to that information and testing
of smartcard readers.
Schedule 2Savings, transitional and
other provisions
Part 1General
1Regulations
(1)
The regulations may contain provisions of a
savings or transitional nature consequent on the enactment of this Act or any
Act that amends this Act.
(2)
Any such provision may, if the regulations so
provide, take effect from the date of assent to the Act concerned or a later
date.
(3)
To the extent to which any such provision takes
effect from a date that is earlier than the date of its publication on the NSW
legislation website, the provision does not operate so as:
(a)
to affect, in a manner prejudicial to any person
(other than the State or an authority of the State), the rights of that person
existing before the date of its publication, or
(b)
to impose liabilities on any person (other than
the State or an authority of the State) in respect of anything done or omitted
to be done before the date of its publication.
(4)
The regulations under this Part have effect
despite anything to the contrary in this Schedule.
(5)
The regulations under this Part may make separate
savings and transitional provisions or amend this Schedule to consolidate the
savings and transitional provisions.
Part 2Provisions consequent on
enactment of this Act
2Definitions
In this Part:
1990
Act means the Passenger
Transport Act 1990.
2014
Act means the Passenger
Transport Act 2014.
annual
taxi licence means an annual taxi-cab licence in force under
the 1990 Act immediately before the commencement of Part 4 of this
Act.
existing
fares order means a fares order, including any existing fare
determination (within the meaning of Schedule 3 to the 2014 Act), relating to
taxis or hire vehicles that was in force under the 2014 Act immediately before
the commencement of Part 5 of this Act.
ordinary
taxi licence means an ordinary taxi-cab licence in force
under the 1990 Act immediately before the commencement of Part 4 of this
Act.
short
term taxi licence means a short-term taxi-cab licence in
force under the 1990 Act immediately before the commencement of Part 4 of this
Act.
taxi-cab
network authorisation means an authorisation to operate a
taxi-cab network that was in force under the 1990 Act immediately before the
commencement of Part 3 of this Act.
3Existing taxi
licences
(1)
An ordinary taxi licence continues in force
unless cancelled under this Act.
(2)
A short term taxi licence or annual taxi licence
continues in force for the period for which the licence was granted unless
sooner cancelled under this Act.
(3)
An annual taxi licence may be renewed in
accordance with this Act.
(4)
An ordinary taxi licence, short term taxi licence
or annual taxi licence is subject to any conditions or terms imposed by RMS
that applied to the licence immediately before the commencement of Part 4 of
this Act.
(5)
An ordinary taxi licence, short term taxi licence
or annual taxi licence that was a nexus licence or a paired licence (within
the meaning of Part 12 of Schedule 3 to the 1990 Act) continues to be subject
to any conditions imposed under that Part that applied to the licence
immediately before the commencement of Part 4 of this
Act.
(6)
Except as provided by this Part or the
regulations, this Act applies to an ordinary taxi licence, a short term taxi
licence or an annual taxi licence, and the holder of any such licence, in the
same way as it applies to a taxi licence issued under this
Act.
(7)
Any renewals of an annual taxi-cab licence
(including the periods of those renewals) under the 1990 Act are to be counted
for the purpose of determining under section 58 (2) of this Act whether the
licence may be renewed.
(8)
Despite subclause (3), a taxi that is the subject
of a licence that is in force by operation of this Schedule may be used for a
taxi service obtained by a booking anywhere in this
State.
(9)
A condition of a licence continued by this clause
is taken to have been imposed under this Act and may be varied or revoked
accordingly.
4Nexus and other
licences
(1)
A nexus licence or a paired licence (within the
meaning of Part 12 of Schedule 3 to the 1990 Act), and a TX08 restricted
taxi-cab licence, in force under the 1990 Act immediately before the
commencement of Part 4 of this Act, are taken to be subject to the condition
that the holder of the licence must be an authorised provider of a taxi
service or an authorised provider of a booking service.
(2)
A condition imposed by this clause may be varied
or revoked by the Commissioner.
5Existing taxi licence
applications
(1)
An application for an ordinary taxi licence made,
but not finally determined, before the commencement of Part 4 of this Act is
taken to have been refused.
(2)
An application for a short term taxi licence
made, but not finally determined, before the commencement of Part 4 of this
Act is to be determined under the 1990 Act as if that Act continued to be in
force.
6Transfer of ordinary taxi
licences
(1)
The Commissioner must, on application by the
holder of an ordinary taxi licence, transfer the licence to another
person.
(2)
The Commissioner may, by written notice given to
the transferor or transferee of a licence, require the transferor or
transferee to provide information to calculate the amount of transfer levy
payable and to register the transfer.
(3)
The Commissioner is not required by this clause
to transfer an ordinary taxi licence if the transfer would result in a
contravention of a condition or term of the licence or in a transfer to a
person who is not eligible to hold a taxi licence.
7Transfer levy for ordinary
licences
(1)
A levy of 2.5% of the current market value of an
ordinary taxi licence is payable to the Crown by the transferee on the
transfer of an ordinary taxi licence.
(2)
The levy is to be charged, levied and collected
in the manner determined by the Commissioner.
(3)
The levy is not payable if the transferee is a
person who is entitled to the licence under the will or on the intestacy of
the holder of the licence.
(4)
The Commissioner is not required to transfer a
licence if any levy that is payable has not been paid.
(5)
In this clause:
current
market value of an ordinary taxi licence means an amount
that, in the opinion of the Commissioner, represents the current market value,
at the date of the transfer, of the licence.
8Accredited taxi service
operators
(1)
A person who was, immediately before the
commencement of Part 3 of this Act, an accredited operator of a taxi service
under the 1990 Act is taken to be an authorised provider of the service under
this Act and this Act applies accordingly.
(2)
The person may be authorised under this Act even
if the person had, before that commencement, been convicted of a disqualifying
offence, unless the Commissioner determines that the person should not,
because of that conviction, be so authorised.
(3)
The Commissioner must give written notice to the
person of a determination under this clause. Any such determination is a
reviewable decision for the purposes of section 145.
(4)
Any disciplinary action commenced, but not
finally determined under the 1990 Act, against the person is to be dealt with
under this Act.
(5)
For the purposes of taking action under this Act
in relation to the authorisation of the person as a provider of a taxi
service, any contraventions by the person of the 1990 Act or the 2014 Act or
the regulations under those Acts may be taken into
account.
(6)
This clause does not extend to any offence
committed on or after the commencement of Part 3 of this
Act.
(7)
This clause does not apply to a person who
provides a taxi service as an affiliated provider or in relation to the use of
a bus.
9Authorised taxi-cab network
operators
(1)
A person who was, immediately before the
commencement of Part 3 of this Act, the holder of a taxi-cab network
authorisation is taken to be an authorised provider of a taxi service under
this Act and this Act applies accordingly.
(2)
If the person also provided a booking service for
taxis immediately before that commencement, the person is taken to be an
authorised provider of a booking service under this Act and this Act applies
accordingly.
(3)
The person may be authorised under this Act even
if the person had, before that commencement, been convicted of a disqualifying
offence, unless the Commissioner determines that the person should not,
because of that conviction, be so authorised.
(4)
Any such determination is a reviewable decision
for the purposes of section 145.
(5)
The Commissioner must give written notice to the
person of a determination under this clause.
(6)
Any disciplinary action commenced, but not
finally determined under the 1990 Act, against the person is to be dealt with
under this Act.
(7)
For the purposes of taking action under this Act
in relation to the authorisation of the person as a provider of a taxi
service, any contraventions by the person of the 1990 Act or the regulations
under that Act may be taken into account.
(8)
This clause does not extend to any offence
committed on or after the commencement of Part 3 of this Act or in relation to
the use of a bus.
10Accredited hire vehicle
operators
(1)
A person who was, immediately before the
commencement of Part 3 of this Act, an accredited operator of a public
passenger service by means of a private hire vehicle under the 1990 Act is
taken to be an authorised provider of a booking service under this Act and
this Act applies accordingly.
(2)
The person may be authorised under this Act even
if the person had, before that commencement, been convicted of a disqualifying
offence, unless the Commissioner determines that the person should not,
because of that conviction, be so authorised.
(3)
The Commissioner must give written notice to the
person of a determination under this clause. Any such determination is a
reviewable decision for the purposes of section 145.
(4)
Any disciplinary action commenced, but not
finally determined under the 1990 Act, against the person is to be dealt with
under this Act.
(5)
For the purposes of taking action under this Act
in relation to the authorisation of the person as a provider of a booking
service, any contraventions by the person of the 1990 Act or the regulations
under that Act may be taken into account.
(6)
This clause does not extend to any offence
committed on or after the commencement of Part 3 of this
Act.
11Taxi licence
determinations
A determination made under the 1990 Act, and in
force under section 32C of that Act immediately before the commencement of
Part 4 of this Act, is taken to have been made under section 71 of this
Act.
12Holders of driving
authorities
(1)
This clause applies to a person who was,
immediately before the commencement of Part 3 of this Act, the holder of a
driver authority under the 1990 Act that authorised the person to drive a
taxi-cab or a private hire vehicle.
(2)
The person may drive a vehicle that provides a
passenger service under this Act even if the person had, before that
commencement, been convicted of an offence that would prevent the person from
being eligible to drive a vehicle for that purpose under this Act, unless the
Commissioner determines that the person should not, because of that
conviction, be a driver for a passenger service.
(3)
Any such determination is a reviewable decision
for the purposes of section 145.
(4)
The Commissioner must give written notice to the
person, and any provider of a passenger service or booking service for which
the person is a driver or that provides services to the person, of a
determination under this clause.
(5)
This clause does not extend to any offence
committed on or after the commencement of Part 3 of this
Act.
13Existing fares
orders
An existing fares order continues to apply to the
provision of a taxi service or other passenger service to which it applied
immediately before the commencement of Part 5 of this Act but is taken to have
been made under this Act. Accordingly, the order may be amended or revoked
under this Act.
14Existing bus
services
(1)
This clause applies to a person:
(a)
who provides a passenger service that uses a
motor vehicle seating not more than 12 persons and not less than 8 persons to
transport passengers, and
(b)
who, immediately before the commencement of Part
3 of this Act, held an accreditation under the 2014 Act or 1990 Act to operate
a bus service under that Act using the motor
vehicle.
(2)
The person is not required to obtain an
authorisation under this Act in relation to any booking service provided for
bookings for any passenger service, or any taxi service provided by the motor
vehicle, for the period of 12 months commencing on the commencement of Part 3
of this Act.
(3)
During that period, the person is taken to be the
operator of a public passenger service under the 2014 Act or 1990 Act, as the
case requires, and the relevant provisions of that Act continue to apply to
the person.
(4)
Subclauses (2) and (3) cease to apply to a person
if the person obtains any required authorisation or taxi licence that would,
but for this clause, be required by this Act to be obtained by the person in
respect of the passenger service or vehicle.
Schedule 3Adjustment assistance for taxi
and passenger hire vehicle industries
Division 1Preliminary
1Definitions
In this Schedule:
additional assistance funds means
moneys for the purposes of additional assistance payments for:
(a)
holders of private hire vehicle licences (other
than short-term or annual licences) under the Passenger
Transport Act 1990 immediately before 1 July 2015 and who
meet the criteria for eligibility established under this Schedule,
or
(b)
persons who are or were involved in or connected
with the taxi or hire vehicle industry and who are detrimentally affected by
changes made to the regulation of the industries under this
Act.
assistance funds means transitional
assistance funds or additional assistance funds.
Panel means the Taxi and Hire
Vehicle Industries Assistance Panel established by this
Schedule.
transitional assistance funds means
moneys:
(a)
for the purposes of payments under a transitional
assistance package for holders of taxi-cab licences (other than short-term or
annual licences) under the Passenger Transport Act
1990 immediately before 1 July 2015 and who meet the
criteria for eligibility established under this Schedule,
or
(b)
any other moneys prescribed by the regulations
for the purposes of this Schedule.
2Repeal of
Schedule
This Schedule is repealed on a day appointed by
an order made by the Governor and published on the NSW legislation
website.
Division 2Industry adjustment
assistance
3Transitional assistance funds
payments scheme
Regulations may be made for or with respect to
the scheme for the payment of transitional assistance funds, including (but
not limited to) the following matters:
(a)
the persons who are eligible to receive
transitional assistance funds,
(b)
the amount payable to eligible
applicants,
(c)
proof of eligibility,
(d)
applications for transitional assistance
funds,
(e)
the period within which applications may be
made,
(f)
determination of applications for transitional
assistance funds,
(g)
conditions on payment of transitional assistance
funds,
(h)
the provision of additional information or
records by applicants,
(i)
reviews of decisions about
applications.
4Additional assistance
funds
(1)
The Minister may, at the Minister’s
discretion, determine that an amount of additional assistance funds is payable
to a person who is or was involved in or connected with the taxi or passenger
hire vehicle industry and who is detrimentally affected by changes made to
regulation of those industries under this Act.
(2)
The Minister may pay to a person who was the
holder of a private hire vehicle licence (other than a short-term or annual
licence) under the Passenger Transport Act
1990 immediately before 1 July 2015, and who meets the
criteria for eligibility established under this Division (a hire car
licensee), additional assistance funds in accordance with
the regulations.
(3)
A determination may be unconditional or subject
to conditions.
(4)
In determining whether an amount of additional
assistance funds referred to in subclause (1) is payable, the Minister may
have regard to any applicable criteria recommended by the
Panel.
(5)
An amount of assistance funds may be paid to a
person in accordance with the determination of the Minister and may be made
whether or not the person to whom the amount is payable has applied for or
been granted any other assistance funds.
(6)
The Minister may delegate any function of the
Minister under this clause (other than this power of delegation) to the
Secretary of the Department of Transport or a member of staff of
TfNSW.
5Additional assistance
scheme
Regulations may be made for or with respect to
the following matters:
(a)
applications for additional assistance
funds,
(b)
the hire car licensees who are eligible to
receive additional assistance funds,
(c)
the amount payable to eligible hire car
licensees,
(d)
proof of eligibility of hire car
licensees,
(e)
the period within which applications may be
made,
(f)
the provision of additional information or
records by applicants,
(g)
reviews of decisions about
applications.
6Provision of assistance
funds
Assistance funds are to be provided from money
appropriated by Parliament for the purpose.
Division 3Taxi and Hire Vehicle
Industries Assistance Panel
7Taxi and Hire Vehicle
Industries Assistance Panel
(1)
There is to be a Taxi and Hire Vehicle Industries
Assistance Panel.
(2)
The Panel is to consist of 4 members of
whom:
(a)
1 is to be the Chief Executive of the NSW Taxi
Council or the Chief Executive’s nominee, and
(b)
1 is to be the Secretary of the Department of
Transport, or the Secretary’s delegate, and
(c)
1 is to be the Secretary of the Department of
Premier and Cabinet, or the Secretary’s delegate,
and
(d)
1 is to be the Secretary of The Treasury, or the
Secretary’s delegate.
(3)
The Secretary of the Department of Transport, or
the Secretary’s delegate, is to be the Chairperson of the
Panel.
(4)
If the NSW Taxi Council ceases to trade or is
wound up, the Panel is to consist only of the members specified in subclause
(2) (b)–(d).
(5)
The Chief Executive of the NSW Taxi Council or
the Chief Executive’s nominee is entitled to be paid such remuneration
(including travelling and subsistence allowances) as the Minister may from
time to time determine in respect of carrying out the functions of a member of
the Panel.
8Functions of
Panel
The Panel has the following functions:
(a)
to determine the procedures for applications for
assistance funds,
(b)
to recommend criteria for the payment of
additional assistance funds referred to in clause 4 (1),
(c)
to advise the Minister with respect to the
disbursement and use of assistance funds,
(d)
to report to the Minister on the activities of
the Panel, on the Minister’s request or at the intervals determined by
the Minister,
(e)
at the request of the Minister, to make
recommendations as to payments of assistance funds to particular applicants,
or classes of applicants,
(f)
without limiting paragraph (e), at the request of
the Minister, to make recommendations as to guidelines for the determination
of applications for assistance funds where there is a dispute as to who holds
a licence,
(g)
any other functions prescribed by the regulations
for the purposes of this Schedule.
9Meetings of
Panel
(1)
The procedure for the calling of meetings of the
Panel and for the conduct of business at those meetings is, subject to this
Act and the regulations, to be as determined by the
Panel.
(2)
The quorum for a meeting of the Panel is a
majority of its members for the time being.
(3)
The Minister may call the first meeting of the
Panel in the manner that the Minister thinks fit.
(4)
The nominee of the Chief Executive of the NSW
Taxi Council is entitled to be present at, and participate in, meetings of the
Panel but is not entitled to vote at a meeting.
10Disclosure of pecuniary
interests
(1)
If:
(a)
a member of the Panel has a direct or indirect
pecuniary interest in a matter being considered or about to be considered at a
meeting of the Panel, and
(b)
the interest appears to raise a conflict with the
proper performance of the member’s duties in relation to the
consideration of the matter,
the member must, as soon as possible after the relevant
facts have come to the member’s knowledge, disclose the nature of the
interest at a meeting of the Panel.
(2)
A disclosure by a member at a meeting of the
Panel that the member:
(a)
is a member, or is in the employment, of a
specified company or other body, or
(b)
is a partner, or is in the employment, of a
specified person, or
(c)
has some other specified interest relating to a
specified company or other body or to a specified
person,
is a sufficient disclosure of the nature of the interest
in any matter relating to that company or other body or to that person which
may arise after the date of the disclosure and which is required to be
disclosed under subclause (1).
(3)
Particulars of any disclosure made under this
clause must be recorded by the Panel and that record must be open at all
reasonable hours to inspection by any person on payment of the fee determined
by the Panel.
(4)
After a member has disclosed the nature of an
interest in any matter, the member must not, unless the Minister or the Panel
otherwise determines:
(a)
be present during any deliberation of the Panel
with respect to the matter, or
(b)
take part in any decision of the Panel with
respect to the matter.
(5)
For the purposes of the making of a determination
by the Panel under subclause (4), a member who has a direct or indirect
pecuniary interest in a matter to which the disclosure relates must
not:
(a)
be present during any deliberation of the Panel
for the purpose of making the determination, or
(b)
take part in the making by the Panel of the
determination.
(6)
The member of the Panel who is the Chief
Executive of the NSW Taxi Council does not have a pecuniary interest in a
matter merely because the member holds that position.
(7)
A contravention of this clause does not
invalidate any decision of the Panel.
11Failure to
agree
(1)
If the members of the Panel fail to reach a
unanimous agreement on a matter relating to the disbursement of additional
assistance funds, the Chairperson of the Panel must refer the matter to the
Minister for determination.
(2)
A decision of the Minister is final and is taken
to be the decision of the Panel.
(3)
In this clause, a matter
relating to the disbursement of additional assistance funds
means any of the following matters, but does not include a matter relating to
assistance funds payable under clause 4 (2):
(a)
approval of criteria for the payment of
additional assistance funds of particular kinds,
(b)
a recommendation as to payments of additional
assistance funds to particular applicants or classes of
applicants.
(4)
In a case where a member of the Panel is
prohibited from taking part in a decision by clause 10, a unanimous agreement
is taken to be agreement by all members permitted to take part in the
decision.
12Personal
liability
(1)
A matter or thing done or omitted to be done by
the Panel, a member of the Panel, or a person acting under the direction of
the Panel or a member of the Panel does not, if the matter or thing was done
or omitted in good faith for the purpose of executing this or any other Act,
subject the member of the Panel or the person so acting personally to any
action, liability, claim or demand.
(2)
However, any such liability attaches instead to
the Crown.
Division 4Improper
conduct
13Improper
conduct
(1)
For the purposes of this clause, improper
conduct includes the following:
(a)
making a statement, or giving any information,
for the purposes of obtaining or retaining assistance funds knowing that it is
false or misleading in a material particular,
(b)
in, or in relation to, an application for
assistance funds making a statement, or giving any information, knowing that
it is false or misleading in a material particular,
(c)
doing or omitting to do any thing for the purpose
of misrepresenting eligibility to receive assistance
funds,
(d)
transferring a taxi-cab or private hire vehicle
licence, or engaging in or facilitating any other transaction involving a
licence granted under the Passenger Transport Act
1990, for the purpose of altering an entitlement to
receive assistance funds or gaining assistance
funds.
(2)
The Minister may determine that a person who
engages in improper conduct in relation to an application for, or payment of,
assistance funds is not entitled to be paid assistance
funds.
(3)
A person who receives an amount of assistance
funds may be required by the Minister by notice in writing to repay the amount
if the Minister is of the opinion that the person has engaged in improper
conduct (whether in relation to that amount or any other assistance funds paid
to the person).
(4)
An amount of assistance funds required to be
repaid under this clause may be recovered by the Secretary of the Department
of Transport in a court of competent jurisdiction as a debt due to the
Crown.
(5)
In any proceedings instituted for the recovery of
a debt due to the Crown under this clause, a certificate of the Minister that
a specified amount is the amount of the debt is evidence of that
fact.
Schedule 4Passenger service
levy
Part 1Preliminary
1Interpretation
(1)
In this Schedule:
assessment period means 1 month or
any other period determined by the Point to Point Transport Commissioner for
the purposes of this Schedule.
assessor means the Point to Point
Transport Commissioner or other person assessing the levy payable by a
person.
levy means the passenger service
levy established by this Schedule.
(2)
This Schedule, and any regulations made under
this Schedule, are to be read together with the Taxation Administration Act 1996 (other
than Division 2 of Part 7 of that Act).
Part 2Levy
2Passenger service
transactions
(1)
The following are passenger
service transactions:
(a)
taking a booking for a taxi or hire vehicle to
provide a passenger service to a person (whether the passenger service is to
be provided by the provider who takes the booking or another
person),
(b)
the provision of a taxi service (other than as a
result of the taking of a booking by the provider of the taxi
service).
(2)
If a taxi service is provided by a person as an
affiliated provider, the provider who facilitates the taxi service is, for the
purposes of this Schedule, taken to be the provider of the taxi
service.
(3)
To avoid doubt, taking a booking for a passenger
service, or providing a passenger service, for transport that commences in
this State and ends in another State or a Territory is a passenger service
transaction.
3Levy
payable
A person who, during any assessment period, was
the provider of a taxi service or booking service is liable to pay, on or
before the last day of the following assessment period or on such other day as
may be specified by the assessor, the levy for the preceding assessment period
calculated in accordance with clause 4.
Note—
This Schedule is a taxation law for the purposes
of the Taxation Administration Act
1996 and the provisions of that Act applying to assessment
and payment of taxes apply to the levy (subject to any modifications made by
or under this Schedule).
4Calculation of
levy
(1)
The amount of the levy is $1 for each passenger
service transaction by the provider of a passenger service or booking service
that occurred in the assessment period for which the levy is
payable.
(2)
If it is not reasonably practicable to determine
the whole or part of the amount of levy payable based on actual passenger
service transactions during an assessment period, the amount payable may be
calculated on an estimated basis in accordance with the
regulations.
(3)
The assessor is to determine whether or not it is
reasonably practicable to determine the whole or part of the amount of levy
payable based on actual passenger service transactions during an assessment
period and may, for that purpose, issue written guidelines for use by persons
who may be liable to pay the levy.
5Passenger service transactions
for which levy is not payable
(1)Bookings for taxis and hire
vehicles
A person is not liable to pay the levy for taking
a booking for a taxi or hire vehicle to provide a passenger service if:
(a)
the passenger service is not provided for any
reason, or
(b)
the transport commences in another State or a
Territory, or
(c)
another provider is already liable to pay the
levy for taking a booking to provide the service.
(2)
The taking of a booking for a taxi or hire
vehicle to provide a passenger service to transport more than 1 passenger in a
taxi or hire vehicle, or that results in the passengers being transported to
different destinations, is taken to be 1 passenger service
transaction.
(3)Provision of taxi
services
A person is not liable to pay the levy for
providing a taxi service to a person if:
(a)
the transport commences in another State or a
Territory, or
(b)
the person provides the taxi service as an
affiliated provider.
Part 3Miscellaneous
6Registration of liable
persons
(1)
A provider of a taxi service or booking service
who is liable to pay the levy must apply to the Point to Point Transport
Commissioner in accordance with this clause to be registered as a taxpayer for
the purposes of this Schedule.
Maximum penalty: 100 penalty
units.
(2)
An application is to be in the form approved by
the Point to Point Transport Commissioner.
7Returns
A person who, during any assessment period, was
the provider of a passenger service or booking service must, on or before the
last day of the following assessment period, furnish a return to the Point to
Point Transport Commissioner in relation to the passenger service transactions
of the provider for the preceding assessment period.
8Information
sharing
(1)
The Point to Point Transport Commissioner may
enter into an arrangement with the Chief Commissioner for the purposes of
sharing information held by either of them that is relevant to liability for
or payment of the levy or is otherwise connected with the
levy.
(2)
Under an information sharing arrangement, each
party to the arrangement is, despite any other provision of this Act or other
law of this State, authorised:
(a)
to request and receive information held by the
other party to the arrangement, and
(b)
to disclose information to the other party or
another person specified in the arrangement,
but only to the extent that the information is sought or
disclosed to assist the administration and collection of the passenger service
levy.
(3)
This clause does not limit the operation of any
law under which the Point to Point Transport Commissioner or the Chief
Commissioner is authorised or required to disclose information to another
person or body.
9Functions of Point to Point
Transport Commissioner
(1)
The Point to Point Transport Commissioner may
exercise any functions delegated to the Point to Point Transport Commissioner
by the Chief Commissioner under the Taxation
Administration Act 1996.
(2)
The Point to Point Transport Commissioner may
sub-delegate any functions so delegated to any person to whom the Commissioner
may delegate a function under section 140.
(3)
The Point to Point Transport Commissioner may,
for the purposes of the levy, exercise any functions of the Chief Commissioner
under the Taxation Administration Act
1996 with respect to assessment or reassessment of tax
liability or under Part 10 of that Act with respect to a decision of the Point
to Point Transport Commissioner as to an assessment or otherwise in connection
with the levy. Division 2 of that Part applies to a decision made by the Point
to Point Transport Commissioner in the same way as it applies to a decision
made by the Chief Commissioner.
10Powers of authorised
officers
For the purposes of determining liability for the
levy and other matters related to payment or collection of the levy an
authorised officer may exercise the functions:
(a)
conferred by Division 2 of Part 7 of this Act,
and the functions conferred on an authorised officer, and
(b)
conferred on an authorised officer under Division
2 of Part 9 of the Taxation Administration Act
1996.
11Regulations
(1)
Regulations may be made for or with respect to
the following matters:
(a)
the provision of information by providers of
passenger services or booking services, owners of taxis or hire vehicles or
drivers of taxis and hire vehicles for the purposes of determining the levy
payable by the provider of a taxi service or a booking
service,
(b)
assessments and reassessments of taxation
liability,
(c)
passenger service transactions that are or are
not liable for the levy,
(d)
arrangements for the payment of the levy by
persons liable to pay the levy,
(e)
rebates of levy,
(f)
regulating the collection and payment of levy
amounts by, and recovery of amounts so collected from, drivers, affiliated
providers or owners of motor vehicles used to provide passenger services who
are not liable to pay the levy,
(g)
the circumstances, arising out of a
provider’s inability to recover amounts of levy collected by a driver,
an affiliated provider or an owner of a motor vehicle used to provide
passenger services who is not liable to pay the levy, in which liability to
pay the levy may be reduced or waived,
(h)
modifying the operation of the Taxation Administration Act 1996 for the
purposes of this Schedule.
(2)
To avoid doubt, a regulation made under this
clause that requires a driver or bailee to make a payment to the provider of a
passenger service or booking service is in addition to any other payment that
the person is required to make under a determination under the Industrial Relations Act 1996 applying
to the person.
12Condition of
authorisation
It is a condition of the authorisation of a
provider of a taxi service or booking service who is liable to pay the levy
that the provider pays the levy in accordance with this Schedule and the
regulations made under this Schedule.
13Reasonable directions by
liable persons
(1)
A person who is liable to pay the levy may give a
driver or other person who collects amounts paid for fares for a passenger
service transaction in respect of which an amount of levy is payable
directions as to the collection or payment of any amount allocated for the
levy.
(2)
A person must not fail to comply with any
reasonable direction given under subclause (1).
Maximum penalty: 20 penalty
units.
14Cessation of
levy
(1)
The levy is not payable for any passenger service
provided on or after the levy repeal day.
(2)
The Minister may, by order published in the
Gazette, specify the levy repeal day.
(3)
An order under this clause cannot be amended or
revoked after the levy repeal day specified in the
order.
Schedule 5Amendment of Passenger Transport Act 2014 No
46
[1]Section 4
Definitions
Omit “8 adults” from paragraph (a) of
the definition of bus in section 4 (1).
Insert instead “12
adults”.
[2]Section 4 (1), definition of
“bus service”
Omit “(other than a bus while being used to
provide a taxi service or a hire car service)”.
[3]Section 4 (1), definitions of
“hire car”, “hire car licence”, “hire car
service”, “member operator of a taxi booking service”,
“member operator of a taxi network”, “operator’s taxi
booking service”, “operator’s taxi network”,
“ordinary taxi licence”, “taxi”, “taxi booking
service”, “taxi booking service standard”, “taxi
contract determination”, “taxi licence”, “taxi
network”, “taxi network service standard”, “taxi
service” and “taxi service standard”
Omit the definitions.
[4]Section 4 (1), definition of
“operate”
Omit “, taxi network or taxi booking
service”.
[5]Section 5 Public passenger
services
Insert after section 5 (5):
(5A)
Subject to this Act, a passenger service under
the Point to Point Transport (Taxis and Hire Vehicles) Act
2016 is not a public passenger
service.
[6]Sections 8, 9, 32, 34, 55 (b)
and (c), 62, 70, 122 (b), 125 (5), 126, 127, 164 (2) and 174
(2)
Omit the provisions.
[7]Section 12
Definitions
Omit the definition of taxi
contract determination.
[8]Section 15 Operator of public
passenger service must be accredited
Omit the note.
[9]Section 18 Determination of
applications for accreditation generally
Omit section 18 (3) (d).
[10]Section
36A
Insert after section 36:
36AContracts for passenger
services under Point to Point Transport (Taxis
and Hire Vehicles) Act 2016
(1)
TfNSW may enter into a passenger service contract
on behalf of the State for the provision of a service with the provider of a
passenger service within the meaning of the Point to Point
Transport (Taxis and Hire Vehicles) Act
2016.
(2)
TfNSW may enter into a passenger service contract
that is subject to a condition precedent that requires a party to comply with
the requirements to obtain an accreditation to operate a public passenger
service.
(3)
This Act (other than section 36 (1) and (2))
applies to a passenger service contract under this section as if it were a
passenger service contract entered into with an operator of a public passenger
service.
[11]Section 55 Application of
Part
Omit “motor vehicle” from section 55
(d). Insert instead “bus”.
[12]Parts 5 and
6
Omit the Parts.
[13]Section 125 Fares
orders
Omit “in the Gazette” from section
125 (1).
Insert instead “on the NSW legislation
website”.
[14]Section 128 Conditions of
travel or ticketing
Omit “a taxi service, hire car service
or” from section 128 (1). Insert instead
“an”.
[15]Section 129 Minister to
determine subsidy scheme and concessions
Insert “, passenger services under the
Point to Point Transport (Taxis and Hire Vehicles) Act
2016” after “services” in section 129
(1).
[16]Section
164A
Insert after section 164:
164AProhibition on buses acting as
taxis
An operator of a public passenger service, or any
other person, must not use a bus to ply or stand for hire on a road or road
related area.
Maximum penalty: 1,000 penalty
units.
[17]Section
165A
Insert after section 165:
165AAncillary
offences
(1)
A person:
(a)
who causes another person to commit,
or
(b)
by whose order or direction another person
commits, or
(c)
who aids, abets, counsels or procures the
commission of, or
(d)
who conspires to
commit,
an offence under another provision of this Act or the
regulations is guilty of an offence against this Act or the regulations and
liable to a penalty in the same way as the principal
offender.
(2)
A person may be proceeded against for an offence
against subsection (1) whether or not the principal offender has been
prosecuted or convicted.
[18]Section 176 (4) and Schedule
2, clauses 3 (2) (a) and 6 (2) (g)
Omit “limited access corridor”
wherever occurring. Insert instead “special purpose
lane”.
[19]Schedule 1 Investigation and
inspection powers
Omit “taxi network service or taxi booking
service,” from clause 12 (1) (a).
[20]Schedule 2 Regulation-making
powers
Omit clause 3 (2) (d).
[21]Schedule 2, clause 13 Special
purpose lanes
Omit “limited access transit
corridors” wherever occurring.
Insert instead “special purpose
lanes”.
[22]Schedule 3 Savings,
transitional and other provisions
Omit “, or an accredited taxi-cab operator
for a taxi-cab service,” from clause 4 (1).
[23]Schedule 3, clause 6
(1)
Omit “, a taxi-cab or a private hire
vehicle”.
[24]Schedule 3, clauses 7 and
8
Omit the clauses.
[25]
[26]Schedule 4 Amendment of
Acts
Omit Schedules 4.4 [1], 4.6 and
4.11.
sch 5: Am 1987 No 15,
sec 30C.
Schedule 6Amendment of Passenger Transport Act 1990 No
39
[1]Section 3
Definitions
Omit the definitions of annual licence, licence, Metropolitan transport district,
ordinary
licence, private
hire vehicle, short-term licence and taxi-cab from section 3
(1).
[2]Section 3 (1), definition of
“public passenger service”
Insert “(other than a passenger service
under the Point to Point Transport (Taxis
and Hire Vehicles) Act 2016)” after
“consideration”.
[3]Section 3 (1), definition of
“public passenger vehicle”
Omit paragraph (c).
[4]Part 2,
heading
Omit “(other than taxi-cabs and private
hire vehicles)”.
[5]Part 2, Division
4
Omit the Division.
[6]Parts 4, 4A and
4B
Omit the Parts.
[7]Sections 46G (b), 46J (f) and
46V (1) and (2) (b)
Omit “licence, authority,
authorisation,” wherever occurring. Insert instead
“authority,”.
[8]Section 46I Power of
entry
Omit “, a taxi-cab network (as defined in
section 29A)” from section 46I (1) (a).
[9]Section 46J Powers on
entry
Omit “taxi-meter, radio receiver or
other” from section 46J (a).
[10]Section 52 Applications to
Civil and Administrative Tribunal
Omit “, 4 or 4A” from section 52
(1).
[11]Sections 52 (1) and
54
Omit “, authority or authorisation”
wherever occurring. Insert instead “or
authority”.
[12]Sections 52 (3), 60A and 63
(2) (c) and (e)
Omit the provisions.
[13]Section 53B Requirement to
return documents or number-plates
Omit “, authority, authorisation or
licence” from section 53B (1).
Instead instead “or
authority”.
[14]Section 53B
(2)
Omit the subsection.
[15]Section 62 Records and
evidentiary matters
Omit “, authorities, authorisations and
licences” from section 62 (1).
Insert instead “and
authorities”.
[16]Section 63
Regulations
Omit section 63 (2) (e).
[17]Section 63 (2)
(g)
Omit “licences, authorities and
authorisations”.
Insert instead “and
authorities”.
[18]Section 63 (2)
(4)
Omit “and
licence”.
Schedule 7Amendment of other
Acts
7.1Health
Services Amendment (Ambulance Services) Act 2015 No
22
Schedule 1 Amendment of
Health Services Act 1997 No
154
Omit section 67FA (5) (b) from Schedule 1 [4].
Insert instead:
(b)
the provision of a taxi or hire vehicle being
used to provide a passenger service within the meaning of the Point to Point Transport (Taxis and Hire Vehicles) Act
2016 if clinical care or monitoring is not offered or
provided in connection with the service,
7.2Industrial Relations Act 1996 No
17
[1]Section 307 Contract of
bailment—meaning
Omit “taxi-cab” from section 307 (1)
(a). Insert instead “taxi”.
[2]Section 307 (1)
(b)
Omit “private hire vehicle”. Insert
instead “hire vehicle”.
[3]Section 307
(2)
Omit the subsection.
[4]Dictionary
Omit the definition of public vehicle. Insert
instead:
public
vehicle means a taxi or hire vehicle within the meaning of
the Point to Point Transport (Taxis and Hire Vehicles) Act
2016.
7.3Law
Enforcement (Powers and Responsibilities) Act 2002 No
103
Schedule 2 Search warrants
under other Acts
Insert in appropriate order:
Point to Point Transport (Taxis
and Hire Vehicles) Act 2016, section
125
7.4Major
Events Act 2009 No 73
Section 24 Use of
lands
Insert after section 24 (3):
(4)
In this section:
public
bus means a bus within the meaning of the Passenger Transport Act
2014.
taxi has the same meaning as in the
Point to Point Transport (Taxis and Hire Vehicles) Act
2016.
7.5Motor
Accidents Compensation Act 1999 No
41
[1]Section 217 Secrecy of
information obtained from or relating to insurers or proposed insurers and
other persons
Insert at the end of paragraph (c) of the
definition of protected
information in section 217 (7):
or
(d)
information concerning the business, commercial,
professional or financial affairs of the provider of a passenger service or a
booking service or the holder of a taxi licence under the Point
to Point Transport (Taxis and Hire Vehicles) Act
2016,
[2]Section
225
Insert after section 224:
225Taxi and hire vehicle industry
adjustment
(1)
The Authority may, by notice in writing served on
the provider of a passenger service or a booking service or the holder of a
taxi licence, require the person to provide any information that the Authority
reasonably requires for the purpose of determining guidelines for the
determination of insurance premiums for third-party policies for any taxis or
hire vehicles.
(2)
A notice given under this section must specify
the manner in which and the time within which the information is to be
provided.
(3)
A person to whom a notice is given under this
section must not:
(a)
fail to comply with the notice,
or
(b)
provide information to the Authority that the
person knows is false or misleading in a material particular or inaccurate or
incomplete.
Maximum penalty: 100 penalty
units.
(4)
Words and expressions used in this section have
the same meanings as they have in the Point to Point
Transport (Taxis and Hire Vehicles) Act
2016.
(5)
In this section, a reference to the holder of a
taxi licence includes a reference to the holder of a taxi-cab licence or a
private hire vehicle licence under the Passenger
Transport Act 1990 and a reference to taxi or hire vehicle
includes a reference to a taxi-cab or private hire vehicle within the meaning
of that Act.
7.6Road
Transport Act 2013 No 18
[1]Section 57 Release of
photographs prohibited
Omit section 57 (1) (b). Insert instead:
(b)
to Transport for NSW or RMS for the purpose of
enabling them to exercise functions under the Passenger
Transport Act 2014, or
(ba)
to the Point to Point Transport Commissioner for
the purpose of enabling the Commissioner to exercise functions under the
Point to Point Transport (Taxis and Hire Vehicles) Act
2016, or
[2]Section 107
Definitions
Insert after section 107 (2) (c):
(ca)
the motor vehicle is a taxi or hire vehicle being
used to provide a passenger service within the meaning of the Point to Point Transport (Taxis and Hire Vehicles) Act
2016, or
7.7Taxation Administration Act 1996 No
97
Section
5C
Insert after section 5B:
5CApplication of Act to
passenger service levy
(1)
For the purpose of the administration and
enforcement of the scheme for the levying and payment of the passenger service
levy under the Point to Point Transport (Taxis
and Hire Vehicles) Act 2016, Schedule 4 to that Act and
any regulations made under that Schedule, are taken to be taxation
laws.
(2)
To avoid doubt, amounts payable for the passenger
service levy under that Act are taxes for the purposes of this Act (other than
Division 2 of Part 7).
7.8Transport Administration Act 1988 No
109
[1]Section 111 Referral of
disputes
Insert in alphabetical order in section 111
(3):
transport
authority includes the Point to Point Transport Commissioner
appointed under the Point to Point Transport (Taxis
and Hire Vehicles) Act 2016.
[2]Section 112 Personal liability
of certain persons
Insert at the end of paragraph (b) of the
definition of transport
authority in section 112 (2):
, and
(c)
the Point to Point Transport Commissioner
appointed under the Point to Point Transport (Taxis
and Hire Vehicles) Act
2016.
Historical
notes
Table of amending
instruments
Point to Point Transport (Taxis
and Hire Vehicles) Act 2016 No 34. Assented to 28.6.2016.
Date of commencement of the long title and Sch 4: not in force; date of
commencement of Parts 1, 9 and 11, cl 1 of Sch 2, Sch 3 and Sch 5 [25],
assent, sec 2 (2); date of commencement of Parts 2–8 and Schs 1, 2
(except cl 1), 5 (except item [25]), 6 and 7, 1.11.2017, sec 2 (1) and 2017
(577) LW 20.10.2017; date of commencement of Part 10, 8.7.2016, sec 2 (1) and
2016 (423) LW 8.7.2016.
This Act has been amended by sec 30C of the
Interpretation Act 1987 No
15.
Table of
amendments
Sch
5
Am 1987 No
15, sec 30C.