Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts14. After section 28 of the Principal Act the following sections are inserted:
“28A. (1) The Registrar may, on payment of the determined fee, grant to a person a licence to operate a specified motor vehicle as a restricted hire vehicle.
“(2) In considering whether or not to grant a licence under subsection (1), the Registrar shall have regard to whether a private hire car can be operated to provide the services that could be provided by the operation of the vehicle to which the application relates.
“(3) The Registrar may, on payment of the determined fee, renew a restricted hire vehicle licence.
“(4) The Registrar may, in a licence, specify conditions to which the licence is subject.
“(5) The conditions that may be specified in a licence include—
(a) the hours during which the licensee may use the vehicle as a restricted hire vehicle;
(b) the routes on which, or the areas within which, the licensee may use the vehicle as a restricted hire vehicle; and
(c) the types of functions or events in relation to which the vehicle may be used as a restricted hire vehicle.
“(6) A person may—
(a) hold more than 1 restricted hire vehicle licence; and
(b) hold a taxi or private hire car licence while holding a restricted hire vehicle licence.
“(7) A person granted a licence under this section shall not, without reasonable excuse, contravene a condition of the licence.
Penalty: $5,000.
“(8) A restricted hire vehicle licence is not transferable.
“(9) Unless sooner cancelled or suspended, a restricted hire vehicle licence remains in force for the period specified in the licence.
“28B. (1) On application by a licensee, the Registrar shall—
(a) if satisfied that it is necessary, having regard to the specified criteria—vary or revoke a condition on a restricted hire vehicle licence or impose a new condition; or
(b) in any other case—refuse to vary or revoke a condition on a restricted hire vehicle licence or 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.
“28C. (1) Where the Registrar has reasonable grounds for believing that, having regard to the specified criteria, it is necessary to vary or revoke a condition on a restricted hire vehicle licence or impose a new condition, the Registrar shall give the licensee written notice—
(a) specifying the relevant specified criteria and stating the facts and circumstances that constitute the basis for the Registrar's belief; 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 that, having regard to the specified criteria, it is necessary that—
(a) a condition specified in a licence should be varied or revoked; or
(b) a licence should be made subject to a condition;
the Registrar shall, by notice in writing, require the holder, 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.
“28D. (1) A person who holds a restricted hire vehicle licence may operate the vehicle specified in the licence as a private hire car in accordance with this section.
“(2) A person shall not, without reasonable excuse, operate a restricted hire vehicle as a private hire car unless the Registrar has published a notice under subsection (3).
“(3) The Registrar may, if he or she is satisfied that there are insufficient private hire cars to meet an actual or predicted demand for private hire cars, publish in a daily newspaper published and circulating in the Territory, a notice stating that the holder of a restricted hire vehicle licence may operate the vehicle to which his or her licence relates as a private hire car for the period specified in the notice.
“(4) A restricted hire vehicle operating as a private hire car in accordance with this section shall not be taken to be a private hire car for the purpose of section 28.
“(5) The provisions of the Taxi and Private Hire Car Regulations relating to private hire car fares apply to a restricted hire vehicle operating as a private hire car in accordance with this section as though it were a private hire car.
“28E. A person who holds a restricted vehicle licence shall not, without reasonable excuse, fail to display 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 hire vehicle or a private hire car.
Penalty: $500.”.