Tasmanian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

ON-DEMAND PASSENGER TRANSPORT SERVICES INDUSTRY (MISCELLANEOUS AMENDMENTS) ACT 2020 (NO. 28 OF 2020) - SECT 12

Section 24 substituted
Section 24 of the Principal Act is repealed and the following sections are substituted:

24.     Continuity fees

(1)  An accredited operator must, by the day specified by the Commission, in a notice to the accredited operator, as the day by which the fees are to be paid, pay the prescribed continuity fees, if any.
(2)  If an accredited operator fails to pay under subsection (1) a continuity fee by the day specified, in the notice under that subsection to the accredited operator, as the day by which the fee is to be paid –
(a) the Commission, by notice to the accredited operator, may demand that the accredited operator pay the continuity fee by a day specified in the notice under this paragraph; and
(b) the accreditation of the accredited operator –
(i) is suspended at the end of the day specified in the notice under paragraph (a) if, at that time, the continuity fee remains unpaid; and
(ii) remains so suspended until the continuity fee is paid by the accredited operator.

24A.     Annual fees

(1)  An accredited operator who is accredited in respect of an on-demand passenger transport service must, by the day specified by the Commission in a notice to the accredited operator as the day by which the annual fee is to be paid, pay the prescribed annual fee, if any, in respect of each small passenger vehicle used to provide the on-demand passenger transport service.
(2)  If an accredited operator fails to pay under subsection (1) an annual fee by the day specified, in a notice to the accredited operator under that subsection, as the day by which the fee is to be paid –
(a) the Commission, by notice to the accredited operator, may demand that the accredited operator pay the annual fee by a day specified in the notice under this paragraph; and
(b) the accreditation of the accredited operator –
(i) is suspended at the end of the day specified in the notice under paragraph (a) if, at that time, the annual fee remains unpaid; and
(ii) remains so suspended until the annual fee is paid by the accredited operator.
(3)  Regulations that prescribe the annual fee payable may specify the manner in which the number of small passenger vehicles to which the annual fee is to relate is to be determined.
(4)  Despite subsection (1) , an accredited operator who is an affiliated operator in relation to a booking service provider is not required to pay an annual fee under that subsection.
(5)  If the accreditation of a booking service provider is suspended or cancelled and the booking service provider has not paid the annual fee by the day specified, in a notice under this section, as the day on which the annual fee is due to be paid by the provider –
(a) the Commission, by notice, may demand that a person who is an affiliated operator in relation to the booking service provider pay, by the day specified in the notice under this paragraph, the annual fee that would, but for subsection (4) , be payable by the person under subsection (1) in respect of each small passenger vehicle used by the person to provide an on-demand passenger transport service; and
(b) the accreditation of the person who is an affiliated operator –
(i) is suspended at the end of the day specified in the notice under paragraph (a) if, at that time, the annual fee remains unpaid; and
(ii) the accreditation remains so suspended until the annual fee is paid by the affiliated operator.
(6)  If –
(a) an accredited operator who is an affiliated operator in relation to a booking service provider pays an annual fee in accordance with subsection (5) ; and
(b) the booking service provider pays the annual fee that the provider is required to pay under subsection (2)  –
the Commission may refund to the affiliated operator so much of the annual fee paid by the affiliated operator as has been paid by the booking service provider.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback