After section 66B of the Principal Act , the following Division is inserted in Part 3:

Division 6 - Reserve price determinations

66C.     Reserve price determinations

(1)  For the purposes of this Act, the reserve price, for an owner-operator taxi licence for the taxi area to which that licence relates, is –

(a) for so much of the year in which this section commences as occurs before the first determination is made under this section – the reserve price, set out in Schedule 3 of this Act as in force before 1 January 2020, in relation to the taxi area; and

(b) for so much of the year in which this section commences as occurs after the first determination is made under this section – the reserve price, in relation to the taxi area, that is specified, in accordance with section 66D(2) , in a determination under subsection (2) ; and

(c) for any other year – the reserve price specified for that year in a determination under subsection (2) .

(2)  The Regulator –

(a) must make a reserve price determination if required to do so under section 66D ; and

(b) if subsection (10)(b) does not apply, must make a reserve price determination if required to do so under subsection (7) ; and

(c) must make a reserve price determination if the Regulator gives a notice under subsection (8) .

(3)  A reserve price determination must –

(a) determine, for each taxi area for a calendar year to which the determination relates, a reserve price for owner-operator taxi licences in relation to the taxi area; and

(b) include a statement of the reasons for the reserve price.

(4)  The object of a reserve price determination is to –

(a) assist in the development of efficient pricing and competition for taxi licences; and

(b) promote a safe taxi transport system that responds adequately to consumer demand for taxi services.

(5)  A reserve price determination may –

(a) specify a different reserve price for each taxi area to which the determination relates; and

(b) specify a different reserve price, for each taxi area to which the determination relates, for each calendar year to which the determination relates.

(6)  Except for the first reserve price determination under subsection (2)(a) or a reserve price determination made in accordance with subsection (2)(c) , a reserve price determination is to relate to the 4 calendar years beginning after the determination is made.

(7)  Subject to subsection (10)(b) , the Regulator must, before 1 December in the last year to which a reserve price specified in the most recent reserve price determination relates, make under subsection (2)(b) a reserve price determination that is to relate to each of the next following 4 calendar years.

(8)  The Regulator may give a notice to the Minister and the Treasurer, jointly, stating that the Regulator is of the opinion that a reserve price determination is required to be made.

(9)  If the Regulator gives a notice under subsection (8)  –

(a) the reserve price determination made in accordance with subsection (2)(c) is to relate to the calendar years, not being more than 4 calendar years, specified in the determination; and

(b) a reserve price determination that is made before the notice is given ceases to apply in relation to a calendar year to which the reserve price determination made in accordance with subsection (2)(c) relates.

(10)  The Regulator is not required to –

(a) include in a reserve price determination a reserve price for owner-operator taxi licences in relation to a taxi area if a previous reserve price determination in relation to the taxi area specifies that the reserve price for owner-operator taxi licences in relation to the taxi area is zero; or

(b) make a reserve price determination if a previous reserve price determination specifies that the reserve price for owner-operator taxi licences in relation to all taxi areas is zero.

(11)  The Regulator must publish notice of the making of a reserve price determination –

(a) in the Gazette ; and

(b) on the Regulator’s internet website.

(12)  The notice under subsection (11) must include a brief description of the nature and effect of the reserve price determination.

66D.     First determination of reserve price

(1)  The Regulator must, before the first 1 December after this section commences, make under section 66C(2) a reserve price determination that applies to –

(a) so much of the calendar year in which the determination is made as occurs after the determination is made; and

(b) the next 4 calendar years.

(2)  The reserve price, for a taxi area, specified in a reserve price determination made in accordance with subsection (1) that is the reserve price that applies, for so much of the year in which the determination is made as occurs after the determination is made, must not be less than 90% of the reserve price, set out in Schedule 3 to this Act as in force before 1 January 2020, in relation to the taxi area.

(3)  The reserve price, for a taxi area for each of the 4 years, after the end of the calendar year in which this section commences, that is the reserve price specified in a reserve price determination made in accordance with subsection (1) , must not be less than 90% of the reserve price, in relation to the taxi area, for the previous year, as set out in a determination made in accordance with subsection (1) .

66E.     Investigation into reserve prices

(1)  The Regulator must, before making a reserve price determination, conduct an investigation, in accordance with the terms of reference, as to the reserve price for owner-operator taxi licences in relation to a taxi area.

(2)  For the purposes of this Part, the terms of reference are –

(a) if the investigation is the first investigation after this section commences, the matters specified in section 66D(2) and (3) ; or

(b) in any other case, the terms of reference given to the Regulator under subsection (3) .

(3)  The Minister and the Treasurer, jointly, must –

(a) at least 11 months before there ceases to be a reserve price determination in relation to a calendar year; and

(b) if a notice is given under section 66C(8) , as soon as practicable after receiving the notice –

give to the Regulator the terms of reference in relation to the investigation to be conducted for the purposes of the next reserve price determination under section 66C(2) .

(4)  The terms of reference under subsection (3) may –

(a) specify the matters, not referred to in section 66F , that the Regulator is to consider when conducting an investigation; and

(b) specify which of the matters, specified in accordance with paragraph (a) , or specified in section 66F , are to be considered by the Regulator to be more important than other matters so specified.

(5)  The Regulator –

(a) is to give notice of the investigation to each person who holds a taxi licence in relation to the taxi area to which the investigation relates; and

(b) must give notice of the investigation –

(i) in a daily newspaper published and circulating generally in Tasmania; or

(ii) in another manner that the Regulator thinks fit.

(6)  A notice under subsection (5) of an investigation is to specify –

(a) that the purpose of the investigation is to determine, in relation to the taxi areas to which the next price reserve determination relates, the reserve price for owner-operator taxi licences in relation to the taxi areas to be specified in the determination; and

(b) the period in which the investigation is to be held; and

(c) the period within which, and the form in which, submissions may be made to the Regulator; and

(d) the matters that the Regulator would like submissions to address.

(7)  The Regulator is to conduct an investigation in the manner that the Regulator considers appropriate and, in particular, may at the Regulator’s discretion, do any one or more of the following:

(a) receive written and oral submissions;

(b) consult with any person;

(c) hold hearings and seminars;

(d) conduct workshops;

(e) determine whether any person wishing to appear before the Regulator may be represented by another person;

(f) issue a draft reserve price declaration and invite submissions in relation to the draft reserve price declaration.

(8)  In conducting an investigation, the Regulator is not bound by rules of evidence but may inform himself or herself of any matter in the manner that the Regulator considers appropriate.

(9)  The costs incurred by the Regulator in conducting an investigation for the purposes of a reserve price determination are to be paid by the Commission.

66F.     Matters to be considered in investigation

In an investigation for the purposes of a reserve price determination, the Regulator is to consider the following matters:

(a) the impact that a reserve price specified in the reserve price determination would have on existing holders of taxi licences;

(b) market trends in relation to the amounts paid for the transfer of taxi licences;

(c) the number of licences that have been transferred, in the period that the Regulator thinks fit, before the investigation commences;

(d) any other matter that the Regulator considers relevant.

66G.     Hearings in relation to investigations

(1)  Before holding a hearing for the purpose of an investigation, the Regulator is to give reasonable notice of the hearing in at least 2 daily newspapers published and circulating generally in Tasmania that the Regulator considers appropriate.

(2)  The notice of a hearing is to specify –

(a) the purpose of the hearing; and

(b) the time and place at which the hearing is to be held.

(3)  A hearing is to be held in public.

(4)  Despite subsection (3) , if the Regulator is satisfied that it would be in the public interest to do so or that the evidence to be presented is, or is likely to be, of a confidential or commercially sensitive nature, the Regulator is to –

(a) direct that a hearing or part of a hearing is to take place in private and give directions as to the persons who may be present; and

(b) give directions prohibiting or restricting the publication of evidence given, or documents produced, at the hearing.

(5)  The Right to Information Act 2009 does not apply in respect of –

(a) evidence and documents in respect of which a direction under subsection (4) has been given; and

(b) records of the giving or production of such evidence and documents.

66H.     Requiring person to give evidence or provide documents

(1)  For the purposes of an investigation, the Regulator may require a person, by written notice to the person, to do any one or more of the following:

(a) attend before the Regulator and answer questions which, in the opinion of the Regulator, are relevant to the investigation;

(b) provide to the Regulator, in the manner specified in the notice, any document specified in the notice which is in the person’s possession or control and which, in the opinion of the Regulator, is relevant to the investigation;

(c) provide to the Regulator, in the manner specified in the notice, any other information specified in the notice which, in the opinion of the Regulator, is relevant to the investigation.

(2)  A person who attends before the Regulator under a requirement referred to in subsection (1)(a) may, at the Regulator’s discretion, be paid by the Regulator –

(a) the prescribed allowances and expenses; or

(b) if the regulations do not prescribe any allowances or expenses, the allowances and the expenses that the Minister determines by notice published in the Gazette .

(3)  For the purposes of an investigation, the Regulator may require the Commission to provide to the Regulator information supplied to the Commission under section 97 .

(4)  Despite subsection (1) , the Regulator must not require a person –

(a) to answer a question, or provide information, if to do so would require the person to divulge information contained in or relating to a Cabinet record; or

(b) to provide to the Regulator a Cabinet record.

(5)  A notice under subsection (2)(b) is not a statutory rule for the purposes of the Rules Publication Act 1953 .

66I.     Use of documents or other information

(1)  The Regulator –

(a) may examine, take possession of, or make copies of and take extracts from –

(i) any document provided under a requirement referred to in section 66H(1)(b) or (c) ; or

(ii) any document containing information provided to the Regulator in accordance with a requirement under section 66H(3) ; or

(iii) any written submission made by a person in relation to the investigation; and

(b) may –

(i) if the document is provided under a requirement referred to in section 66H(1)(b) or (c) or under section 66H(3) , retain the document for so long as is necessary for the purposes of the investigation; or

(ii) if the document is a written submission made by a person in relation to the investigation, retain the document; and

(c) is to allow a person, who would be entitled to inspect the document if it were not in the possession of the Regulator, to inspect it, make a copy of it or take an extract from it at any reasonable time.

(2)  The Regulator may give directions prohibiting or restricting the publication of –

(a) any answer, document or other information provided to the Regulator under a requirement referred to in section 66H(1)(b) or (c) or under section 66H(3) or provided as a written submission in relation to an investigation; or

(b) a part of any such answer, document or other information; or

(c) a copy of, or extract from, any such answer, document, other information or part.

(3)  The Regulator may make available to any person as the Regulator considers appropriate –

(a) any answer, document or other information provided to the Regulator under a requirement referred to in section 66H(1)(b) or (c) or section 66H(3) or provided as a written submission in relation to an investigation; or

(b) a part of any such answer, document or other information.

(4)  Subsection (3) does not apply in relation to an answer, document or other information, or a part of any such answer, document or other information, if –

(a) a direction in respect of the answer, document, other information or part has been given under subsection (2) and its provision to that person would contravene the direction; or

(b) the answer, document, other information or part contains information which is exempt information under the Right to Information Act 2009 ; or

(c) the Commission has notified the Regulator that the Commission considers the information to be of a confidential or commercially sensitive nature; or

(d) the information is provided in accordance with a requirement under section 66H(3) .

66J.   Offences

(1)  A person must not –

(a) fail to comply with a requirement imposed on the person under section 66H(1) or contravene a direction under section 66G(4) or section 66I(2) ; or

(b) provide to the Regulator, in relation to an investigation, oral or written information that the person knows or believes to be false or misleading in a material particular without informing the Regulator of that knowledge or belief; or

(c) hinder, obstruct or interfere with the Regulator, or a person acting as or on behalf of the Regulator, in the performance or exercise of the Regulator’s or person’s functions or powers under this Division; or

(d) take, or threaten to take, any action that detrimentally affects the employment or engagement of another person because the other person has assisted, is assisting or intends to assist the Regulator in an investigation.

Penalty:  Fine not exceeding 500 penalty units or imprisonment for a term not exceeding 6 months, or both.

(2)  Despite subsection (1) , a person is not required to comply with a requirement imposed on the person under section 66H(1) if to do so would tend to incriminate the person.

66K.     Independence of Regulator

In performing functions and exercising powers under this Act, the Regulator is not subject to the direction of the Minister.