Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts12. After section 27C of the Principal Act the following sections are inserted:
“27D. (1) The Registrar may grant to a person who intends to use a motor vehicle as a restricted taxi a licence to operate a specified vehicle as a restricted taxi—
(a) if satisfied that the use of the vehicle will meet a community need; and
(b) on payment of the determined fee.
“(2) The Registrar may, on payment of the determined fee, renew a restricted taxi licence.
“(3) The Registrar may, in a licence, specify conditions to which the licence is subject.
“(4) A restricted taxi licence entitles the holder to operate a specified motor vehicle as a taxi, subject to the conditions on the licence.
“(5) A person granted a licence under this section shall not, without reasonable excuse, contravene a condition of the licence.
Penalty: $5,000.
“(6) A restricted taxi licence is not transferable.
“27E. (1) The Minister shall, after consulting with a representative of an organisation that the Minister is satisfied represents taxi licensees, by notice published in the Gazette , determine the number of restricted taxi licences that may be issued.
“(2) The Registrar shall not grant a restricted taxi licence if the number of restricted taxi licences would exceed the number determined by the Minister under subsection (1).
“27F. (1) On application by a licensee, the Registrar shall—
(a) if satisfied that it is necessary having regard to the actual or predicted demand for the use of restricted taxis—vary or revoke a condition on a restricted taxi licence or impose a new condition; or
(b) if not so satisfied—refuse to vary or revoke a condition on a restricted taxi licence or to impose a new condition.
“(2) Where the Registrar varies a licence under subsection (1), he or she shall give notice to the applicant in writing.
“(3) An application under subsection (1) or a notice under subsection (2) may be made by transmitting the application to the Registrar, or the notice to the applicant, by fax.
“(4) Where notice under subsection (2) is given by fax, the notice is to be taken to have been given at the time the fax was sent if the correct fax number appears on the fax transmission report generated by the sender's fax machine.
“(5) A variation may be effective for a specified period or for the unexpired period for which the licence remains in force.
“27G. (1) Where the Registrar has reasonable grounds for believing that, having regard to the actual or predicted demand for the use of such vehicles, it is necessary to vary or revoke a condition on a restricted taxi licence or to impose a new condition, the Registrar shall give the licensee written notice—
(a) setting out the grounds on which the Registrar's belief is based; and
(b) inviting the licensee to show cause within a specified period why—
(i) a condition on the licence should not be varied or revoked as specified in the notice; or
(ii) a new condition should not be imposed on the licence as specified.
“(2) Where, after taking into consideration any representation made by a licensee under subsection (1), the Registrar is satisfied, having regard to the actual or predicted demand for the use of restricted taxis, that—
(a) a condition specified in a restricted taxi licence should be varied or revoked; or
(b) a restricted taxi licence should be made subject to a condition;
the Registrar shall, by notice in writing, require the licensee, within 14 days after the date of the notice, to forward his or her licence to the Registrar.
“(3) A person shall not, without reasonable excuse, contravene a requirement of the Registrar under subsection (2).
Penalty: $500.
“(4) On receipt of a licence, the Registrar shall—
(a) vary the licence; and
(b) return it to the licensee.
“(5) A variation may be effective for a specified period or for the unexpired period for which the licence remains in force.
“27H. A person who holds a restricted taxi licence shall not, without reasonable excuse, fail to display in a prominent place his or her licence, and any notification of variation of a condition where that variation is not marked on the licence, in the vehicle to which it relates while using the vehicle as a restricted taxi.
Penalty: $500.”.