Point to Point Transport (Taxis and Hire Vehicles) (Industry Adjustment) Regulation 2016

1 Name of Regulation

This Regulation is the Point to Point Transport (Taxis and Hire Vehicles) (Industry Adjustment) Regulation 2016.

cl 1: Am 2017 (424), Sch 5.

2 Commencement

This Regulation commences on 8 July 2016 and is required to be published on the NSW legislation website.

3 Definitions

(1)  In this Regulation:

the Act means the Point to Point Transport (Taxis and Hire Vehicles) Act 2016.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

(2)  Notes included in this Regulation do not form part of this Regulation.

4 Adjustment assistance for taxi and passenger hire vehicle industries

Schedule 1 contains provisions relating to adjustment assistance for the taxi and passenger hire vehicle industries.

Schedule 1 Adjustment assistance for taxi and hire vehicle industries

Part 1 Preliminary

1 Definitions

(1)  In this Schedule:

eligible ordinary taxi licence—see clause 4 (1).

eligible person means a person who is eligible to receive assistance funds.

eligible private hire vehicle licence means a private hire vehicle licence issued under the Passenger Transport Act 1990 that is of the category PHV1 or PHVC, as recorded on the private hire vehicle licence register.

private hire vehicle licence register means information and records relating to private hire vehicle licences under the Passenger Transport Act 1990 kept by RMS immediately before the repeal of Part 4A of that Act.

taxi licence register means that part of the Transport Information Management System kept by RMS that relates to taxi licences.

(2)  Words and expressions used in this Schedule have the same meaning as they have in Schedule 3 to the Act.

Part 2 Taxi and Hire Vehicles Industries Assistance Panel

2 Panel charter

(1)  The Secretary of the Department of Transport may prepare a charter for the Panel and may prepare amendments to, or revoke, a charter approved under this clause.

(2)  Without limiting subclause (1), the charter may provide for the following:

(a)  procedures for meetings, including the calling of meetings and distribution of documents for meetings,

(b)  how members of the Panel should carry out their functions as members.

(3)  A member of the Panel is to comply with the charter.

(4)  A charter, or the amendment or revocation of a charter, has effect if it is approved in writing by the Minister.

Part 3 Assistance funds

Division 1 Transitional assistance funds

3 Eligible persons

(1)  A person is eligible to receive transitional assistance funds if:

(a)  the person is the sole or joint holder of an eligible ordinary taxi licence and the person held that licence immediately before 1 July 2015 or, in the case of a joint licence, held that licence jointly with the same persons immediately before that day, and

(b)  the person has applied for transitional assistance funds in accordance with this Schedule, and

(c)  the Minister has not determined that the person is not entitled to be paid transitional assistance funds, and

Note—

A person who engages in improper conduct (as defined in clause 13 of Schedule 3 to the Act) may be subject to a determination by the Minister that the person is not entitled to be paid transitional assistance funds.

(d)  the person did not cease to hold that licence before 13 January 2017, and

(e)  the person has made an application for transitional assistance funds within the application period, and

(f)  the licence is not a licence for which a payment of transitional assistance funds has already been made, and

(g)  the person has not previously received the maximum amount of transitional assistance funds payable to a person in accordance with clause 5.

(2)  For the purposes of this Schedule, a person is taken to be a holder of an eligible ordinary taxi licence only if the person is listed as the owner of the licence on the taxi licence register, except as provided by clause 9 (3).

4 Eligible ordinary taxi licences

(1)  For the purposes of this Schedule, taxi licences issued under the Passenger Transport Act 1990 are eligible ordinary taxi licences if they are licences of a category listed below:

TX01, TX01A, TX05, TX06, TX06A, TX07, TX08, TX13, TXHAP, TX01New, TX01Wol, TX50, TX50A, TXC1, TX04Wol, TX51, TX52, TXHAPTR.

(2)  In this clause, a reference to a category of licence is a reference to a category of licence shown on the taxi licence register.

4A Meaning of “transitional assistance funds”

Moneys allocated by TfNSW for the purposes of payments under the transitional assistance package to taxi training schools and to holders of licences obtained through a will or property settlement are prescribed for the purposes of paragraph (b) of the definition of transitional assistance funds in clause 1 of Schedule 3 to the Act.

4B Transitional assistance payments to registered training organisations

A person is eligible to receive a payment of transitional assistance funds if:

(a)  the person owned a registered training organisation, within the meaning of the National Vocational Education and Training Regulator Act 2011 of the Commonwealth, on 18 December 2015, and

(b)  immediately before 18 December 2015, the organisation carried on the business of providing training courses approved by TfNSW to taxi drivers or taxi operators, and

(c)  the person can demonstrate that:

(i)  in the case of an organisation that continues to carry on that business—the organisation was detrimentally affected by changes made to the regulation of the taxi industry on 18 December 2015 by the Passenger Transport Amendment (Taxis and Hire Cars) Regulation 2015, or

(ii)  in the case of an organisation that has ceased to carry on that business—the organisation ceased to carry on that business (whether partly or wholly) as a result of changes made to the regulation of the taxi industry on 18 December 2015 by the Passenger Transport Amendment (Taxis and Hire Cars) Regulation 2015.

4C Transitional assistance payments to beneficiaries of a will or property settlement

A person is eligible to receive transitional assistance funds if:

(a)  the person:

(i)  was a beneficiary under a will or probate and as a result became the holder of an eligible ordinary taxi licence after 1 July 2015, or

(ii)  became the holder of an eligible ordinary taxi licence under a property settlement after 1 July 2015, and

(b)  the person did not cease to hold that licence before 13 January 2017, and

(c)  the licence was held by the previous holder immediately before 1 July 2015, and

(d)  the person has applied for transitional assistance funds in accordance with this Schedule, and

(e)  the Minister has not determined that the person is not entitled to be paid transitional assistance funds, and

Note—

A person who engages in improper conduct (as defined in clause 13 of Schedule 3 to the Act) may be subject to a determination by the Minister that the person is not entitled to be paid transitional assistance funds.

(f)  the licence is not a licence for which a payment of the maximum amount of transitional assistance funds payable to a person in accordance with clause 5 has previously been made to another person, and

(g)  the person has not previously received transitional assistance funds in respect of that licence.

5 Eligible ordinary taxi licences

(1)  The amount payable to a person who is eligible under clause 3 or 4C to receive transitional assistance funds is:

(a)  if the person holds only 1 eligible ordinary taxi licence—$20,000, or

(b)  if the person holds 2 or more eligible ordinary taxi licences—$40,000.

(1A)  The amount payable to a person who is eligible under clause 4B to receive transitional assistance funds is to be determined in accordance with any guidelines issued by the Panel.

(2)  A person who holds eligible ordinary taxi licences as a sole licence holder and also jointly with other persons, or jointly with different groups of persons, is entitled to the amounts set out in subclause (1) for each different licence holding arrangement.

Note—

For example, if person A holds 2 licences jointly with X and Y, 1 licence as the sole holder and another 3 licences jointly with TSCorp, A will be entitled to benefits calculated for each different licence holding. A will be entitled to $40,000 for the 2 licences held with X and Y, $20,000 for the sole licence and $40, 000 for the 3 licences held with TSCorp.

Division 1A Additional assistance funds

5A Eligible persons

(1)  For the purposes of clause 4 (2) of Schedule 3 to the Act, a person is eligible to receive additional assistance funds if:

(a)  the person was the sole or joint holder of an eligible private hire vehicle licence immediately before 1 July 2015 and the person:

(i)  held that licence continuously (and, in the case of a joint licence, with the same person) until immediately before 1 November 2017, or

(ii)  transferred the licence on or before 18 December 2015, and

(b)  the person has applied for additional assistance funds in accordance with this Schedule and provided any information required by TfNSW for the purposes of clause 6 (4) (including any additional information required to resolve any dispute as to the identity of any holder of a licence for which the funds are sought), and

(c)  the Minister has not determined that the person is not entitled to be paid additional assistance funds, and

Note—

A person who engages in improper conduct (as defined in clause 13 of Schedule 3 to the Act) may be subject to a determination by the Minister that the person is not entitled to be paid additional assistance funds.

(d)  the person agrees to any conditions imposed by TfNSW or the Panel on payment of the assistance funds, and

(e)  where there were any unpaid amounts of transfer tax for a previous transfer of the licence or, if the tax was unpaid, the person has taken all reasonable steps to bring the transfer to the attention of RMS or any other relevant authority, and

(f)  TfNSW has advised the Minister that the person meets the requirements of this subclause.

(2)  For the purposes of this Schedule, a person is taken to be the holder of an eligible private hire vehicle licence on a certain date if:

(a)  the person is listed as the holder of the licence on the private hire vehicle licence register on that date, or

(b)  the person otherwise establishes, to the satisfaction of TfNSW, that the person was the holder of an eligible private hire vehicle licence on that date.

(3)  TfNSW may, in a particular case, determine that a person is taken to be eligible under subclause (1) (a), despite not satisfying the requirements of that paragraph, if TfNSW is satisfied that there are exceptional circumstances.

Note—

Exceptional circumstances include, for example, where the person became the licence holder after receiving the licence under a will of a deceased relative who held the licence prior to 1 July 2015.

5B Additional assistance funds amounts

(1)  For the purposes of clause 4 (2) of Schedule 3 to the Act, the amount payable to a person who is eligible to receive additional assistance funds is:

(a)  for a Sydney metropolitan licence—$80,000 or the indexed registered value of the licence, whichever is greater, or

(b)  for a regional licence—$30,000 or the indexed registered value of the licence, whichever is greater.

(2)  The amount payable to a person who held an eligible private hire vehicle licence immediately before 1 July 2015 and transferred the licence on or before 18 December 2015 is the amount payable under subclause (1) minus the transfer value of the licence.

Note—

If the transfer value of the licence exceeds the amount payable to the person under subclause (1), no additional assistance funds are payable.

(3)  TfNSW is to calculate the indexed registered valueof an eligible private hire vehicle licence in accordance with the following formula:

 
where:

A is the CPI number for the December quarter of 2015.

B is the CPI number for the quarter that ended immediately before the eligible person acquired the licence.

CPI number means the All Groups Consumer Price Index number, being the weighted average of 8 capital cities, published by the Australian Bureau of Statistics.

registered value of an eligible private hire vehicle licence means the amount determined by TfNSW to be the amount paid by the eligible person for the licence (not including any amount paid for a vehicle, goodwill or taxes).

(4)  TfNSW is to determine the registered value or transfer value of an eligible private hire vehicle licence on the basis of information on the private hire vehicle licence register and any other documents and evidence provided to TfNSW.

(5)  If TfNSW determines that the registered value of an eligible private hire vehicle licence cannot be established to its satisfaction, the amount payable under subclause (1) is $80,000 or $30,000 as the case requires.

(6)  In the case of a licence held jointly by more than one person, the amount is payable to the licence holders jointly and not to each person individually.

(7)  In this clause:

regional licence means an eligible private hire vehicle licence for an area other than the Sydney metropolitan district.

Sydney metropolitan district means the Metropolitan transport district established under section 108 of the Transport Administration Act 1988.

Sydney metropolitan licence means an eligible private hire vehicle licence for the Sydney metropolitan district.

transfer value of an eligible private hire vehicle licence means the amount determined by TfNSW to be the amount paid to the eligible person for the licence by the transferee (not including any amount paid for a vehicle, goodwill or taxes).

Division 2 Applications for assistance

6 Applications generally

(1)  A person may apply to TfNSW for the payment of assistance funds.

(2)  An application must be made within the application period determined by the Panel.

(3)  An application:

(a)  is to be in the form approved by the Panel, and

(b)  is to be accompanied by the documents and other evidence that TfNSW requires the applicant to provide to establish that the applicant is an eligible person, and

(b1)  if the applicant is a corporation, is to be accompanied by evidence that the corporation is a legal entity and that the person making the application is a director of the corporation or other person nominated by the corporation, and

(c)  if the application is made by a person on behalf of other joint holders of a licence or a corporation, is also to be accompanied by the documents and other evidence that TfNSW requires the applicant to provide to establish that the applicant is authorised to make the application and that any other person or corporation on whose behalf the application is made is an eligible person.

(3A)  If an application is incomplete, TfNSW may:

(a)  notify the applicant in writing that the application is incomplete and of the information that must be provided, or any other thing that must be done, to make the application comply with this Division, and

(b)  specify a date by which the required information is to be provided or the thing is to be done.

(4)  TfNSW may, by notice in writing to the applicant, require an applicant to provide further information or evidence in connection with an application for assistance funds.

(4A)  Any documents required by TfNSW in connection with an application for assistance funds must be certified in accordance with any applicable guidelines issued under clause 17.

(5)  TfNSW must notify an applicant in writing of the payment of assistance funds and, if the payment is refused, must set out the reasons for the refusal.

(6)  A person whose initial application is refused under this clause or clause 9 (4A) may make a subsequent application for assistance funds under this clause if the application is accompanied by the further information or evidence that was previously required to be provided.

(7)  Any subsequent application for assistance funds must be made within the application period specified by the Panel under clause 6A (1).

6A Additional functions of the Panel

(1)  The Panel is to determine the application period within which applications for additional assistance funds may be made and is to specify that period by notice published in the Gazette.

(2)  The Panel is to determine the period within which applicants must provide additional information under clause 6 (4) in relation to an application for additional assistance funds and is to specify that period by notice published in the Gazette.

(3)  The Panel may issue guidelines with respect to the amount of transitional assistance funds payable to eligible registered training organisations.

7 Applications by joint licence holders

(1)  An application for assistance funds that relates to an eligible ordinary taxi licence or an eligible private hire vehicle licence that is jointly held by 2 or more persons must be made by all of the holders or by a holder authorised to make the application on behalf of all of the holders.

(2)  The authorisation is to be in the manner approved by TfNSW for the purposes of this clause.

8 Extension of time for making application

(1)  TfNSW may extend the application period for making a particular application if TfNSW is of the opinion that it is appropriate to do so in the circumstances of the case.

(2)  TfNSW must have regard to any applicable guidelines determined by the Panel when determining whether to extend the application period.

9 Determination of applications for transitional assistance funds

(1)  TfNSW must grant an application for transitional assistance funds if TfNSW is satisfied that:

(a)  the applicant is an eligible person, and

(b)  the application was made within the required application period or within any extended application period determined by TfNSW for the particular application.

(2)  TfNSW may grant an application for transitional assistance funds unconditionally or subject to conditions.

(3)  The fact that a person is not listed on the taxi licence register as the owner of an eligible ordinary taxi licence does not prevent the person from being granted transitional assistance funds if the person establishes, to the satisfaction of TfNSW, that the person is the holder of an eligible ordinary taxi licence.

(4)  TfNSW may refuse an application if:

(a)  the applicant has failed to agree to any conditions imposed by TfNSW or the Panel on payment of the transitional assistance funds, or

(b)  the applicant has failed to provide any information required by TfNSW for the purposes of determining an application, or

(c)  there is a dispute as to the identity of any holder of a licence for which the funds are sought, or

(d)  any transfer tax payable under the Passenger Transport Act 1990 for a previous transfer of the licence has not been paid, unless TfNSW determines that the applicant or another person took all reasonable steps to bring the transfer to the attention of RMS or any other relevant authority.

(4A)  An application for transitional assistance funds is taken to be refused if an applicant fails to provide further information or evidence required under clause 6 (4) within:

(a)  60 days of being given notice under that subclause, or

(b)  any additional period approved by TfNSW for a particular application.

(5)  TfNSW must notify an applicant in writing of the determination of the application for transitional assistance funds and, if the application is refused, must set out the reasons for the refusal.

10 Conditions for grant of transitional assistance funds

Without limiting clause 9 (2), any of the following conditions may be imposed on the grant of an application for transitional assistance funds:

(a)  a requirement that the applicant make specified acknowledgements to TfNSW in respect of the payment of the funds,

(b)  that the distribution of funds among the joint holders of a licence is to be determined by the holders,

(c)  a requirement that the applicant provide TfNSW with a specified indemnity,

(d)  a requirement that the applicant consent to disclosure by TfNSW to the Panel, the Minister, RMS, the Commissioner or the Small Business Commissioner of information relating to the application,

(e)  a requirement that the applicant consent to disclosure by RMS to TfNSW or the Panel of information relating to the application.

10A Conditions of payment to hire car licensees

(1)  For the purposes of clause 4 (2) of Schedule 3 to the Act and without limiting clause 4 (3) of Schedule 3 to the Act, the following conditions may be imposed by the Minister on a grant of additional assistance funds:

(a)  a requirement that the applicant make specified acknowledgements to TfNSW in respect of the payment of the funds,

(b)  that the distribution of funds among the joint holders of a licence is to be determined by the holders,

(c)  a requirement that the applicant provide TfNSW with a specified indemnity,

(d)  a requirement that the applicant consent to disclosure by TfNSW to the Panel, the Minister, RMS, the Commissioner or the Small Business Commissioner of information relating to the application,

(e)  a requirement that the applicant consent to disclosure by RMS to TfNSW or the Panel of information relating to the application.

(2)  This clause:

(a)  does not affect payments made, whether conditionally or unconditionally, before the commencement of this clause, and

(b)  does not limit conditions that may be imposed on payments made under clause 4 (2) of Schedule 3 to the Act.

Division 3 Reviews and appeals

11 Right to seek review of decisions

(1)  A person who is aggrieved by a decision of the following kind may apply to TfNSW for a review of the decision:

(a)  a decision that a licence is not an eligible ordinary taxi licence or an eligible private hire vehicle licence,

(b)  a decision to refuse an application because transfer tax has not been paid,

(c)  a decision that TfNSW cannot establish to its satisfaction the registered value of an eligible private hire vehicle licence as referred to in clause 5B (5).

(2)  An application for a review is to be made in the form approved by TfNSW and is to be accompanied by the information required by TfNSW.

(3)  An application for a review of a decision is to be made within 45 days of the applicant being given notice of the determination of the applicant’s application.

(4)  Subclause (3) does not apply to an application for a review of a decision that relates to an application for transitional assistance funds if the application for the review was made before the substitution of that subclause.

12 Review of decisions

(1)  An application for a review of a decision is to be dealt with by an individual approved by TfNSW.

(2)  The reviewer must be, as far as practicable, an individual:

(a)  who was not substantially involved in the process of making the decision under review, and

(b)  who is employed in the Transport Service of New South Wales.

(3)  In reviewing a decision, the reviewer is to consider any relevant material submitted by the applicant.

(4)  Following the review of the decision, the reviewer may:

(a)  affirm the decision, or

(b)  vary the decision, or

(c)  set aside the decision and make a decision in substitution for the decision that is set aside.

(5)  In exercising a function under this clause, a reviewer is taken for all purposes to have the right to exercise the same functions in law that the person who made the decision had in making the decision being reviewed.

(6)  For the purposes of this Schedule, a reviewable decision that is affirmed, varied or set aside and substituted under this Division is:

(a)  taken to have been made by the person who made the original decision (as affirmed, varied or substituted by the reviewer), and

(b)  taken to have been made on the date under which the applicant is given a notice of the decision under this Division.

13 Notice of decision

(1)  A reviewer must notify TfNSW and the applicant of the result of, and the reasons for, his or her decision on a review as soon as is practicable after making the decision.

(2)  For the purposes of this clause, an applicant is notified of the reasons for a decision in a review only if the applicant is given a statement of reasons setting out the following:

(a)  the findings on material questions of fact, referring to the evidence or other material on which those findings were based,

(b)  the understanding of the reviewer of the applicable law,

(c)  the reasoning processes that led the reviewer to the conclusions the reviewer made.

14 Limits on reviews

(1)  A person is not entitled to a review under this Division of any decision previously reviewed under this Division or a decision made under this Division.

(2)  A person is not entitled to a review of a decision under this Schedule other than a decision specified in clause 11 (1).

15 Appeal to Local Court against determination that funds not payable on grounds of improper conduct

For the purposes of section 146 (2) (d) of the Act, the following decisions by the Minister under clause 13 of Schedule 3 to the Act are appellable decisions:

(a)  a determination that a person is not entitled to be paid assistance funds, on the ground that the person has engaged in improper conduct,

(b)  a decision to require a person to repay an amount of assistance funds, on the ground that the person has engaged in improper conduct.

Division 4 Miscellaneous

16 Taxi licence register

(1)  RMS may update the taxi licence register at any time or on application under this clause.

(2)  A person may apply to RMS to update the taxi licence register to reflect the correct information about a licence held by the person (whether solely or jointly with other persons).

(3)  An application is to be in the form and to be accompanied by the information determined by RMS.

(4)  RMS may require the person to provide additional information and evidence to support the application and is not required to consider the application if that information or evidence is not provided.

(5)  A refusal to update the taxi licence register does not affect the right of a person to apply for transitional assistance funds.

(6)  RMS is to make relevant information about taxi licences that is held in the taxi licence register available to persons who may be entitled to make an application for transitional assistance funds.

17 Application guidelines

(1)  For the purposes of determining procedures for applications, the Panel may issue guidelines to TfNSW with respect to applications for assistance funds and the determination of applications.

(2)  Without limiting subclause (1), guidelines may be issued about any of the following:

(a)  determination of applications subject to disputes,

(b)  determination of applications where transfer or licence particulars are not shown on the taxi licence register or private hire vehicle licence register,

(c)  extension of application periods.

sch 1: Am 2017 (698), Sch 1 [1]–[16]; 2018 (330), Sch 1 [1]–[25].