After section 61 of the Principal Act , the following sections are inserted in Part 5:

61A.     Improvement notices

(1)  If the Commission is of the opinion that a person has contravened, is contravening, or is likely to contravene, a provision of this Act or the regulations, the Commission may –

(a) if the person is not an accredited operator – serve on the person an improvement notice in relation to the person; or

(b) if the person is an accredited operator and there is not a relevant responsible person in relation to the accredited operator – serve on the accredited operator an improvement notice in relation to the person; or

(c) if the person is an accredited operator and there is a relevant responsible person in relation to the accredited operator – serve on the relevant responsible person an improvement notice in relation to the person who is an accredited operator.

(2)  An improvement notice in relation to a person must specify –

(a) that the Commission is of the opinion that the person has contravened, is contravening, or is likely to contravene, a provision of this Act or the regulations; and

(b) the contravention, or likely contravention, to which the notice relates and the provision to which the contravention, or likely contravention, relates; and

(c) that the person on whom the improvement notice is served is required to remedy, before a date specified in the notice, the contravention or likely contravention, or the matters or activities occasioning the contravention or likely contravention; and

(d) the reason why the Commission is of the opinion referred to in paragraph (a) ; and

(e) information about the right of the person on whom it is served to have the decision to serve the notice reviewed; and

(f) that the notice is issued under this section.

(3)  An improvement notice may, but is not required to, specify the method by which the alleged contravention or likely contravention, or the matters or activities occasioning the alleged contravention or likely contravention, are to be remedied.

(4)  The date specified, in accordance with subsection (2)(c) , in an improvement notice, is to be a date that the Commission considers is reasonable having regard to the severity of any relevant risks and the nature of the contravention or likely contravention.

(5)  A person on whom an improvement notice is served under this section must comply with 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.

(6)  It is a defence to a charge of an offence against subsection (5) committed in relation to an improvement notice if the person charged establishes –

(a) that the person had a reasonable excuse for failing to comply with the improvement notice; or

(b) the alleged contravention or likely contravention, or the matters or activities occasioning the alleged contravention or likely contravention, that were specified in the notice were remedied within the period specified in the notice, but by a different method from the method specified in the notice.

(7)  The Commission may, by notice served on a person, amend or cancel an improvement notice served on a person by the Commission.

(8)  An amendment of an improvement notice –

(a) must not amend the improvement notice by referring to a contravention of a different provision from that already specified in the improvement notice; and

(b) must state the reason why the amendment is being made; and

(c) must include information about the right of the person on whom it is served to have the decision to serve the amendment reviewed.

61B.     Infringement notices

(1)  In this section –

infringement offence means an offence against this Act or the regulations that is prescribed by the regulations to be an infringement offence.

(2)  The Commission or an authorised officer may issue and serve an infringement notice on a person if the Commission, or an authorised officer, respectively, reasonably believes that the person has committed an infringement offence.

(3)  An infringement notice may not be served on an individual who has not attained the age of 16 years.

(4)  An infringement notice –

(a) is to be in accordance with section 14 of the Monetary Penalties Enforcement Act 2005 ; and

(b) is not to relate to more than 4 offences.

(5)  The regulations –

(a) may prescribe the penalty applicable to each infringement offence that is payable under an infringement notice; and

(b) may prescribe different penalties for bodies corporate and individuals.

61C.     Formal warnings

(1)  The Commission may, instead of taking proceedings against a person for a contravention of a provision of this Act, give a formal warning to the person if the Commission believes that –

(a) the person had taken reasonable steps to prevent the contravention and was unaware of the contravention; and

(b) it is appropriate for the contravention to be dealt with by way of a formal warning under this section.

(2)  A formal warning must be in writing.

(3)  A formal warning given to a person may be withdrawn by the Commission by serving on the person a notice of withdrawal within 21 days after the formal warning was given to the person.

(4)  If a formal warning in relation to a contravention has been given to a person, proceedings may not be taken by the Commission in relation to the contravention to which the warning relates unless and until the formal warning has been withdrawn.

(5)  In this section –

proceedings includes action by way of an infringement notice.

61D.     Powers of police officers and authorised officers

(1)  A police officer or an authorised officer may require a driver of a vehicle, which the police officer or authorised officer believes is being used to provide a passenger transport service, to do any one or more of the following:

(a) stop the vehicle;

(b) park the vehicle;

(c) permit the officer to inspect the vehicle;

(d) provide proof that the person holds a driver licence, or any other document, authorising the person to perform the service of the kind that the person is performing;

(e) operate in accordance with the instructions of the officer, or permit the officer to operate, any mobile phone, or electronic equipment, that is in the vehicle or in the possession of the person;

(f) answer questions related to compliance with this Act.

(2)  A person to whom a requirement is given under subsection (1) must not fail to comply with the requirement.

Penalty:  Fine not exceeding 25 penalty units.

(3)  A police officer, an authorised officer, the Commission or a person authorised under subsection (7) may enter and remain on premises –

(a) to inspect any vehicles at the premises; and

(b) to inspect any documents issued by the Commission under this Act or any documents or records required to be kept at the premises for the purposes of this Act or that may be relevant to the enforcement of this Act; and

(c) to inspect any mobile phone or electronic device kept at the premises that the police officer, authorised officer, the Commission or the person authorised under subsection (7) believes to contain information, documents or records relevant to the enforcement of this Act; and

(d) to inspect a business, related to the provision of passenger transport services, conducted at the premises.

(4)  In the course of carrying out an inspection under subsection (3) , the police officer, authorised officer, Commission or person authorised under subsection (7) may –

(a) direct a person to answer reasonable questions relating to the inspection; and

(b) make copies of, or take extracts from, documents or records referred to in subsection (3)(b) or any information, documents or records contained on a mobile phone or electronic device referred to in subsection (3)(c) .

(5)  A person must not, without reasonable excuse, fail to comply with a direction under subsection (4) of a police officer, an authorised officer, the Commission or a person authorised under subsection (7) .

Penalty:  In the case of –

(a) a first offence – a fine not exceeding 25 penalty units; and

(b) a second or subsequent offence – a fine not exceeding 50 penalty units.

(6)  A power of entry conferred by this section may only be exercised at a reasonable time and, if the premises are residential premises, if –

(a) the occupier consents; or

(b) the entry is authorised by a warrant under the Search Warrants Act 1997 .

(7)  The Commission may, by instrument in writing, authorise a person specified in the instrument, or members of a class of persons specified in the instrument, to enter all premises for the purposes of this section.

61E.     Hindering

A person must not hinder or obstruct a police officer, an authorised officer, the Commission, or a person authorised under section 61D(7) , who is performing or exercising a function or power under this Act.

Penalty:  Fine not exceeding –

(a) 100 penalty units for a body corporate or body politic; or

(b) 50 penalty units for an individual.