Tasmanian Numbered Acts

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ON-DEMAND PASSENGER TRANSPORT SERVICES INDUSTRY (MISCELLANEOUS AMENDMENTS) ACT 2020 (NO. 28 OF 2020) - SECT 15

Part 2, Division 5 inserted
After section 33 of the Principal Act , the following Division is inserted in Part 2:
Division 5 - Booking service providers

33A.     Duty of booking service providers in relation to ride-sourcing drivers

(1)  A booking service provider who permits a ride-sourcing driver to operate a passenger transport service by means of ride-sourcing software must notify the Commission as soon as practicable after the booking service provider becomes aware that the person is operating a passenger transport service –
(a) other than by means of the ride-sourcing software, a taxi, a luxury hire vehicle or a restricted hire vehicle; and
(b) without being accredited to operate a passenger transport service.
Penalty:  Fine not exceeding –
(a) 50 penalty units for a body corporate or body politic; or
(b) 25 penalty units for an individual.
(2)  The Commission may, by notice to a booking service provider who permits a ride-sourcing driver to operate a passenger transport service by means of ride-sourcing software, require the booking service provider to cease to permit the ride-sourcing driver to use the ride-sourcing software to operate a passenger transport service.
(3)  The Commission may only issue a notice under subsection (2) in relation to a ride-sourcing driver if the Commission believes, on reasonable grounds, that the driver has been operating a passenger transport service –
(a) other than by means of the ride-sourcing software, a taxi, a luxury hire vehicle or a restricted hire vehicle; and
(b) without being accredited to operate a passenger transport service.
(4)  A person to whom a notice is issued under subsection (2) must not fail to comply with a requirement of the notice.
Penalty:  Fine not exceeding –
(a) 100 penalty units for a body corporate or body politic; or
(b) 50 penalty units for an individual.

33B.     Notification of Commission when vehicle first used for on-demand passenger transport service

(1)  An accredited operator who is accredited in relation to an on-demand passenger transport service must notify the Commission within 14 days after a vehicle begins to be used for the provision of the on-demand passenger transport service.
Penalty:  Fine not exceeding –
(a) 50 penalty units for a body corporate or body politic; or
(b) 25 penalty units for an individual.
(2)  Subsection (1) does not apply in relation to an accredited operator who is accredited in relation to an on-demand passenger transport service if there is a relevant responsible person in relation to the accreditation.
(3)  A relevant responsible person in relation to the accreditation of an accredited operator who is accredited in relation to an on-demand passenger transport service must notify the Commission within 14 days after a vehicle begins to be used for the provision of the on-demand passenger transport service.
Penalty:  Fine not exceeding –
(a) 50 penalty units for a body corporate or body politic; or
(b) 25 penalty units for an individual.



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