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Commercial Passenger Vehicle Industry
Bill 2017
Introduction Print
EXPLANATORY MEMORANDUM
General
The Commercial Passenger Vehicle Industry Bill 2017 provides for and
supports the implementation of the first stage of reforms to the commercial
passenger vehicle industry announced by the Government on 23 August
2016. The main purpose of the Bill is to--
• remove financial barriers to entry into the commercial
passenger vehicle industry by removing the need to pay
significant licence fees; and
• establish the legislative framework needed to support the
implementation of a new $2 levy on the provision of
commercial passenger vehicle services.
The Bill commences the replacement of the existing regulatory scheme
for taxi and hire cars that is specified in Part VI of the Transport
(Compliance and Miscellaneous) Act 1983. Subject to the passage of
this Bill, a further Bill will be introduced that provides for--
• the repeal of Part VI; and
• the establishment of a new and modern regulatory regime
for commercial passenger vehicles that focuses on safety
and the provision of consumer protections.
The Commercial Passenger Vehicle Industry Bill is a major step toward an
industry that competes on a level playing field and puts passengers first.
581372 1 BILL LA INTRODUCTION 22/2/2017
Overview of the Bill
The following sections provide an overview of the content of the Bill.
Commercial Passenger Vehicle Services Levy
The Bill establishes a commercial passenger vehicle service levy.
The purpose of the levy is to recover the cost of the Government's transitional
assistance package, as well as helping to support the ongoing provision of
accessible point to point transport services.
Commercial passenger vehicle services may be--
• booked in a wide variety of ways (through a booking service);
or
• procured at taxi ranks or hailed from the street (an unbooked
commercial passenger vehicle service).
The Bill makes--
• providers of booking services liable to pay a levy of $2 for
each trip undertaken as a result of a booking service provided
by that person; and
• providers of unbooked commercial passenger vehicle services
liable to pay a levy of $2 for each unbooked trip provided by
that person.
The levy will be payable for each trip undertaken for a single fare.
The levy is defined to be a state tax and is collected, administered
and enforced under the Taxation Administration Act 1997 by the
Commissioner of State Revenue (the Commissioner, who is the head
of the State Revenue Office).
Within 30 days after the end of each financial quarter each person liable to
pay the levy for that quarter will be required to complete a return and provide
it and the levy payable to the State Revenue Office. Failure to provide a
return will be an offence. Failure to make payment by the due date will be a
tax default. Interest and penalty tax will apply to tax defaults. The State
Revenue Office may recover tax liability as a due debt in a court of
competent jurisdiction.
The State Revenue Office will assess returns and may require that records be
provided by the taxpayer to enable an assessment to be made. A failure to
keep proper records and make them available on request will be an offence.
It will also be an offence to provide false or misleading information, wilfully
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destroy records, deliberately omit information from records and attempt tax
evasion. Significant financial penalties will apply.
If an assessment indicates that more levy is payable than what has been paid
then a notice of assessment will be provided to the taxpayer indicating the
liability outstanding, including interest and penalty tax that is applicable.
The levy will commence before 30 June 2018 at the same time as the new
regulatory framework is brought into effect.
Commercial passenger vehicle licensing
The Bill will remove annual licence fees for taxi-cabs and the licence fees
for hire car licences. This change will enable new providers of commercial
passenger vehicle services, commonly referred to as rideshare services, to
apply for a licence without having to pay prohibitively expensive licence
fees. At the same time, the licence fees required to be paid by the existing
holders of taxi-cab and hire car licences will be removed.
The removal of all licence fees for taxi-cab and hire car licences will enable
all commercial passenger vehicle service providers to compete on a level
playing field.
The Bill will consolidate categories of commercial passenger vehicle licences
by--
• converting all existing types of taxi licences (for example,
those that only apply for a fixed term and those that only
permit operation at peak times) to "new taxi-cab licences"; and
• converting special purpose vehicle licences and restricted hire
licences to hire car licences.
The Bill also provides for the abolition of hire car zones as zones and
operating restrictions for hire cars will no longer be required. Taxi zones
will remain in the interim to support the operation of--
• maximum fare regulation for taxi services in the Melbourne
Metropolitan Zone and the Urban and Large Regional Zone;
and
• the price notification and publication scheme in the Regional
Zone and the Country Zone.
Regulation of commercial passenger vehicle booking services
The proliferation of new technology has enabled commercial passenger
vehicle services to be booked without use of a central communications
system and without receipt and dispatch of bookings by any person.
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Under the current definition of taxi-cab network services, persons who
facilitate bookings using computer programs and applications are outside
the scope of the regulatory scheme.
The Bill replaces the definition of taxi-cab network services with a new
definition of booking service to enable the regulation of persons providing
booking services not otherwise covered by the existing definition.
It is intended that persons who facilitate bookings using applications and
webpages are defined to be providing a booking service, are regulated and
are made accountable for the service they provide. Persons providing
booking services will be required to be accredited as a provider of booking
services under the Transport (Compliance and Miscellaneous) Act 1983.
The Bill also broadens the scope of the definition to cover the provision of
booking services in respect to the operation of all commercial passenger
vehicles. The current definition only applies to the provision of network
services in respect to the operation of taxi-cabs.
Structure of the Bill
The Commercial Passenger Vehicle Industry Bill 2017 is divided into 4 Parts.
Part 1 of the Bill deals with preliminary matters.
Part 2 of the Bill establishes the Commercial Passenger Vehicle Service
Levy.
Part 3 of the Bill makes amendments to the Transport (Compliance and
Miscellaneous) Act 1983 that relate to--
• amendments to taxi-cab and hire car licensing; and
• the commercial passenger vehicle booking service
accreditation scheme; and
• amendments to support the operation of the commercial
passenger vehicle levy; and
• miscellaneous amendments to support the operation and
administration of commercial passenger vehicle regulation.
Part 4 of the Bill makes miscellaneous amendments to the Transport
Integration Act 2010, the Bus Safety Act 2009, the Road Safety Act 1986
and the Taxation Administration Act 1997.
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Clause Notes
Part 1--Preliminary
Clause 1 sets out the main purposes of the Bill, which are to--
• impose a levy on the carrying out of commercial
passenger vehicle service transactions (which the
Bill defines as the provision for a single fare of a
booked commercial passenger service or an unbooked
commercial passenger service); and
• amend the Transport (Compliance and
Miscellaneous) Act 1983 to--
• implement reforms to the taxi-cab and hire car
industry by removing the requirement to pay
licence fees, abolishing restricted hire vehicle
licences and special purpose vehicle licences,
and streamlining the application process for
taxi-cab licences; and
• require persons who provide a booking service
for the use of a commercial passenger vehicle to
be accredited; and
• make it an offence to accept a request from a
provider of a booking service when the person
knows or ought reasonably to know that the
provider is unaccredited and to provide for the
granting of injunctions restraining offending
conduct; and
• repeal redundant provisions relating to trading
arrangements for the transfer and trading of
taxi-cab licences; and
• enable the Taxi Services Commission to exempt
persons from specified requirements under
Part VI (Commercial passenger vehicles) for the
purpose of reducing regulatory burden; and
• make further provision in relation to the sharing
of information between Victoria Police and the
Taxi Services Commission about certain
offences to assist the Commission in carrying
out its functions; and
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• amend the Transport Integration Act 2010 to reduce
the regulatory burden on transport bodies when issuing,
granting, giving or renewing certain specified transport
authorisations under transport legislation; and
• amend the Bus Safety Act 2009 to ensure taxi-cabs
that are physically similar to buses are regulated as
taxi-cabs; and
• amend the Road Safety Act 1986 to empower
employees of the Taxi Services Commission to stop
and check for defective and unroadworthy commercial
passenger vehicles; and
• amend the Taxation Administration Act 1997 to
make Part 2 of this Bill a taxation law for the purposes
of that Act.
Clause 2 provides for the commencement of the Act. Subclause (1)
provides that the Act (except Part 2, Divisions 1, 2 and 3 of
Part 3 and Division 4 of Part 4) comes into operation on the day
after the day on which the Act receives the Royal Assent.
Subclause (2) provides that, subject to subclause (3), Part 2,
Divisions 1, 2 and 3 of Part 3 and Division 4 of Part 4 come into
operation on a day or days to be proclaimed. Subclause (3)
provides that if a provision of the Act referred to in subclause (2)
does not come into operation before 30 June 2018, it comes into
operation on that day.
Clause 3 provides for the definitions under the Bill. Subclause (1)
provides for the following definitions: affiliated service,
affiliated trip provider, affiliation agreement (defined in
clause 4), booked commercial passenger vehicle service,
booking service (defined in clause 5), bus and bus service
(as defined in the Bus Safety Act 2009), commercial passenger
vehicle (which has the same meaning as it has in Part VI of
the Transport (Compliance and Miscellaneous) Act 1983),
commercial passenger vehicle service, commercial passenger
vehicle service transaction, Commissioner, levy, motor vehicle,
registered levy payer, return period (defined in clause 13),
TSC and unbooked commercial passenger vehicle service.
Subclause (2) provides a definition for provider of an unbooked
commercial passenger vehicle service.
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Clause 4 defines affiliation agreement. An affiliation agreement is
an agreement between a person providing a booking service
(service provider) and a person who provides unbooked
commercial passenger vehicle services (trip provider) that--
• imposes an obligation on the service provider to
maintain trip records of a kind suitable for the purposes
of lodging returns under clause 15(1) or 17(1); and
• specifies the amount the service provider will be paid
for each kind of service to be provided to the trip
provider; and
• contains an acknowledgement by the service provider
that it is responsible for lodging returns, being a
registered levy payer and paying levies in respect of
unbooked commercial passenger vehicle services
provided by the trip provider while the agreement is in
effect.
Clause 5 defines booking service. Subclause (1) provides that, for the
purposes of the Bill, a person provides a booking service if the
person carries on the business of receiving requests from people
seeking commercial passenger vehicle services and arranging or
facilitating the acceptance of those requests by or on behalf of
drivers of commercial passenger vehicles.
Subclause (2) provides that in determining whether a person
provides a booking service, it does not matter--
• whether or not the commercial passenger vehicle
service is provided by the driver as an agent or
employee of the service provider; or
• whether the agreement or arrangement in accordance
with which the commercial passenger vehicle service
is provided is between the driver and passenger, the
service provider and the driver or the passenger, or any
other persons; or
• whether the reward or hiring fee for the commercial
passenger vehicle service is paid to the driver by the
service provider, the passenger or any other person; or
• whether or not the service of receiving and arranging
acceptance of booking requests involves the use of a
wholly or partly automated electronic system; or
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• whether or not the service provider is located outside
Victoria; or
• whether or not the service provider also receives
requests for persons to be carried as passengers outside
Victoria.
Subclause (3) provides that a person who owns, operates or
controls a wholly or partly automated electronic system that
performs the service of receiving and arranging acceptance of
booking requests is taken to provide a booking service.
Subclause (4) provides that a person prescribed for the purposes
of this subclause is taken to provide a booking service.
Subclause (5) provides that a person prescribed for the purposes
of this subclause is taken not to provide a booking service despite
anything to the contrary in the other provisions of this clause.
The Governor in Council may make regulations for or with
respect to prescribing persons pursuant to clause 20.
Clause 6 provides that Part 2 of the Bill is to be read together with the
Taxation Administration Act 1997, which provides for the
administration and enforcement of that Part and other taxation
laws.
Clause 7 provides that the Bill binds the Crown in right of Victoria and, so
far as the legislative power of the Parliament permits, the Crown
in all its other capacities.
Clause 8 provides for the extraterritorial operation of the Bill.
Subclause (1) provides that the Bill applies in relation to a
commercial passenger vehicle service even if part of that service
is provided outside Victoria. Subclause (1) also provides that the
Bill applies to a booking service provided wholly or partly
outside Victoria, whether in or outside Australia.
Subclause (2) provides that the Bill applies outside Victoria to
the full extent of the extraterritorial legislative power of the
Parliament.
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Part 2--Commercial passenger vehicle service levy
Clause 9 provides that Part 2 of the Bill imposes a levy in respect of each
commercial passenger vehicle service transaction carried out
during a return period (defined in clause 13).
Clause 10 specifies the persons who are liable to pay the levy. If a
commercial passenger vehicle service is carried out through a
booking service, the provider of the booking service is liable to
pay the levy.
If the commercial passenger vehicle service is an unbooked
commercial passenger vehicle service which is facilitated by an
affiliated service, the levy is payable by the provider of the
affiliated service and the affiliated trip provider jointly and
severally.
The levy for any other unbooked commercial passenger vehicle
service is payable by the provider of that service.
Clause 11 provides that the Commissioner of State Revenue is to collect
any levies payable under Part 2.
Clause 12 specifies the amount of the levy payable under Part 2.
Subclause (1) provides that until any regulations made under
subclause (2) commence, the levy for a commercial passenger
vehicle service transaction is $2.00. The levy will be the amount
prescribed in the regulations on and from the commencement of
regulations made under subclause (2).
Subclause (2) provides that the amount of the levy prescribed in
the regulations may be less than $2.00.
Subclause (3) provides that the amount of the levy in respect of
the financial year beginning 1 July 2019 and each subsequent
financial year is to be varied in accordance with the consumer
price index.
Subclause (4) provides that if an amount calculated in
accordance with subclause (3) is not a multiple of 5 cents, the
amount must be rounded down to the nearest multiple of 5 cents.
Subclause (5) provides that the Minister must, before
30 June 2019 and 30 June in each subsequent year, publish
in the Government Gazette the amount of the levy payable
in the financial year beginning on 1 July in that year.
9
Clause 13 provides that the "return period" is each quarter of the financial
year until regulations made under subclause (2) commence.
The return period will be the period prescribed in the regulations
on and from the commencement of regulations made under
subclause (2).
Subclause (2) provides that the regulations may specify a period
not exceeding 12 months as the return period.
Clause 14 provides that a person who becomes liable to pay a levy must
apply to the Commissioner of State Revenue to be registered
under Part 2 by the end of the first return period in which they
became liable to pay a levy. A contravention of this requirement
is an offence. Under subclause (4) the Commissioner must
register a person who applies for registration.
Subclause (2) provides that a person does not commit an offence
if they have a reasonable excuse for not applying for registration.
Subclause (3) provides that the requirement to register under
subclause (1) does not apply to the provider of an unbooked
commercial passenger vehicle service where the service is
facilitated by an affiliated service.
Subclause (5) clarifies that for the purposes of section 157(2AB)
of the Transport (Compliance and Miscellaneous) Act 1983,
subclause (1) imposes a requirement to be registered under Part 2
on an authority holder (defined in the new section 157(2AC) of
the Transport (Compliance and Miscellaneous) Act 1983--see
clause 51) who is liable to pay a levy.
Clause 15 requires a person who is liable to pay a levy for a return period
to lodge a return within 30 days after the end of that period.
This does not apply to the provider of an unbooked commercial
passenger vehicle service where the service is facilitated by an
affiliated service. Subclause (3) requires that the return must be
in the form and contain the information determined by the
Commissioner of State Revenue.
Clause 16 provides the Commissioner of State Revenue with the power to
cancel a registration under Part 2 by written notice for any reason
the Commissioner thinks sufficient. Subclause (2) provides that
the cancellation will take effect on the date specified by the
Commissioner in the notice of cancellation.
10
Clause 17 provides that if a registered person ceases to incur liability to
pay levies and does not anticipate that they will incur any future
liability they must, within 14 days, give written notice of that fact
to the Commissioner of State Revenue and lodge a return for
the final return period for which they were liable to pay levies
(unless it was previously lodged). Subclause (2) provides that
the person's registration will be cancelled on the day the
Commissioner receives the notice.
Clause 18 provides that the levy is due for payment at the end of the period
within which the return relating to that period is required to be
lodged under clause 15(1) or 17(1).
Clause 19 provides that a provider of an affiliated service who is liable
to pay a levy under an affiliation agreement may recover
the amount of the levy from the affiliated trip provider.
Subclause (2) provides that the requirement for the affiliated
trip provider to pay the amount of the levy to the provider of the
affiliated service is made when the provider of the affiliated
service gives a written request to the affiliated trip provider
specifying the amount of the levy. Subclause (3) provides that if
the amount of the levy is not paid by the affiliated trip provider,
the provider of the affiliated service may recover it from the
affiliated trip provider in a court of competent jurisdiction as a
debt due to the provider of the affiliated service.
Clause 20 provides that the Governor in Council may make regulations for
or with respect to--
• prescribing persons for the purposes of clause 5(4)
or (5);
• specifying an amount less than $2 as the amount of the
levy;
• specifying a period not exceeding 12 months as the
return period;
• generally any other matter or thing that is authorised or
required to be prescribed or necessary to be prescribed
to carry out Part 2 of the Bill.
Subclause (2) provides that the regulations made under Part 2
may be of general or limited application, differ according to
differences in time, place or circumstances and apply, adopt or
incorporate any matter contained in any document.
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Part 3--Amendment of Transport (Compliance and
Miscellaneous) Act 1983
The main effect of this Part is to bring providers of booking services and their
drivers within the scope of the Transport (Compliance and Miscellaneous)
Act 1983 and to remove the requirement for a holder of a commercial
passenger vehicle licence to pay an annual licence fee under that Act.
Division 1--Taxi-cab and hire car industry reform amendments
Clause 21 repeals the definitions of Country Hire Car Zone, Metropolitan
Hire Car Zone, restricted hire vehicle, restricted hire vehicle
licence, special purpose vehicle, special purpose vehicle licence
and tour package in section 86(1) of the Transport
(Compliance and Miscellaneous) Act 1983.
Clause 22 repeals section 140(1B) of the Transport (Compliance and
Miscellaneous) Act 1983, which contains references to the
repealed concept of the hire car zone.
Clause 23 repeals section 141B of the Transport (Compliance and
Miscellaneous) Act 1983, which contains references to the
repealed concept of restricted hire vehicle licenses.
Clause 24 substitutes a new heading "Hire cars" for section 142 of the
Transport (Compliance and Miscellaneous) Act 1983.
Clause 25 amends section 142 of the Transport (Compliance and
Miscellaneous) Act 1983 to remove references to repealed
concepts, including references to "a special purpose vehicle
licence".
Clause 26 repeals section 142A of the Transport (Compliance and
Miscellaneous) Act 1983, which provides for the establishment
of hire car zones.
Clause 27 omits references to hire care zones in section 143(1A) of the
Transport (Compliance and Miscellaneous) Act 1983 and
repeals section 143(1B) and (1C) of the Act, to remove redundant
provisions in relation to applications for taxi-cab licences which
nominate regional zones or country zones. Subclause (3) inserts
"or under Division 6 as a driver" in section 143(2A) so that the
licensing authority must not grant a taxi-cab licence unless the
applicant is accredited under Division 4 of Part VI of the
Transport (Compliance and Miscellaneous) Act 1983 as a
12
taxi-cab operator or under Division 6 of Part VI of that Act as a
driver.
Clause 28 inserts a new section 143AAA into the Transport
(Compliance and Miscellaneous) Act 1983, which provides
that a driver who is granted a new taxi-cab licence is taken to be
an accredited taxi-cab operator while the licence they hold is in
force.
Clause 29 repeals section 144(1)(be) to (d), as well as section 144(1AA)
and (1B), of the Transport (Compliance and Miscellaneous)
Act 1983 to remove provisions referring to repealed definitions,
including the Country Hire Zone.
Clause 30 repeals section 146C(1)(ac) of the Transport (Compliance and
Miscellaneous) Act 1983 and omits reference to the repealed
section 144(1B) from section 146C(1)(b) of the Act.
Clause 31 repeals section 147A(2A) to (2E) and (4) to (8) of the Transport
(Compliance and Miscellaneous) Act 1983 to remove the
requirement for the holder of a commercial passenger vehicle
licence to pay an annual licence fee under the Act.
Clause 32 repeals section 149(1AA)(a) of the Transport (Compliance and
Miscellaneous) Act 1983 to remove a reference to the repealed
definition of restricted hire vehicle licence.
Clause 33 amends section 169ZA of the Transport (Compliance and
Miscellaneous) Act 1983 to remove references to the repealed
concepts of a special purpose vehicle licence and special purpose
vehicles.
Clause 34 inserts new "Division 13--Transitional provisions--Commercial
Passenger Vehicle Industry Act 2017" into Part VIII of the
Transport (Compliance and Miscellaneous) Act 1983 to deal
with restricted hire vehicle licences and special purpose vehicle
licences becoming hire car licences on the commencement of the
Commercial Passenger Vehicle Industry Act 2017 and to
provide for the conversion of existing taxicab licences to new
taxi-cab licences. New section 358 provides that on the
commencement of section 22 of the Commercial Passenger
Vehicle Industry Act 2017, every restricted hire vehicle licence
in force is taken to be a hire car licence. New section 359
provides that on the commencement of section 25 of the
Commercial Passenger Vehicle Industry Act 2017, every
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special purpose vehicle licence in force is taken to be a hire car
licence. New section 360 provides that on the commencement of
section 25 of the Commercial Passenger Vehicle Industry
Act 2017, every licence to operate a taxi-cab assigned under
section 150 and every taxi-cab licence granted under section 143
or 143A is revoked and the holder or assignee is taken to be
granted a new taxi-cab licence. New section 361 provides that on
the commencement of section 35 of the Commercial Passenger
Vehicle Industry Act 2017 an accredited provider of taxi-cab
network services is taken to be an accredited provider of booking
services.
Division 2--Commercial passenger vehicle booking
service amendments
Clause 35 inserts the definition of booking service into section 2(1)
of the Transport (Compliance and Miscellaneous) Act 1983
and repeals the definition of taxi-cab network service in
section 130A(1) of the Transport (Compliance and
Miscellaneous) Act 1983. The clause also amends the heading
to Division 4 of Part VI of that Act to change the reference to
"taxi-cab" to "commercial passenger vehicle".
Clause 36 amends section 130 of the Transport (Compliance and
Miscellaneous) Act 1983 to extend the scope of the purpose
of accreditation to commercial passenger vehicle services.
Clause 37 substitutes new section 131A and inserts new sections 131B
and 131C in the Transport (Compliance and Miscellaneous)
Act 1983. Substituted section 131A provides that it is an offence
for any person to provide a booking service, or advertise or in
any way hold themselves out as able or willing to provide a
booking service, unless the person is accredited under Division 4
of Part VI of the Act. Section 131A(3) clarifies that this
prohibition does not apply in relation to--
• the driver of a commercial passenger vehicle receiving
or accepting a request for persons to be provided with a
commercial passenger vehicle service; or
• the holder of a commercial passenger vehicle licence
receiving a request for a person to be provided with a
commercial passenger vehicle service and arranging or
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facilitating the acceptance of the request by the driver of
the licensed vehicle; or
• the driver of a commercial passenger vehicle providing
a booking service as a member of an unincorporated
body or association that is accredited under the Division
to provide that service; or
• the owner or operator of a commercial passenger
vehicle receiving a request for a person to be provided
with a commercial passenger vehicle service and
arranging or facilitating the acceptance of the request
by the driver of the vehicle.
New section 131B provides that it is an offence to accept a
request from a provider of a booking service for a person to be
provided with a commercial passenger vehicle service if the
person accepting the request knows, or ought reasonably to
know, that the provider of the booking service is not accredited.
New section 131C provides that the Supreme Court may grant
an injunction, on application by the Taxi Services Commission,
in relation to conduct that constitutes or would constitute a
contravention of new section 131A(1) or (2) or 131B(1) or that
constitutes or would constitute an attempted contravention or the
aiding, abetting etc a contravention.
Clause 38 substitutes "a booking service" for "taxi-cab network services"
in section 132(1)(c) of the Transport (Compliance and
Miscellaneous) Act 1983.
Clause 39 substitutes "a booking service" for "taxi-cab network services"
in section 132D(1)(ab) of the Transport (Compliance and
Miscellaneous) Act 1983.
Clause 40 substitutes "a booking service" for "taxi-cab network services"
in section 132E(c) of the Transport (Compliance and
Miscellaneous) Act 1983.
Clause 41 substitutes "a booking service" for "taxi-cab network services"
in the note at the foot of section 133B of the Transport
(Compliance and Miscellaneous) Act 1983.
Clause 42 substitutes "a booking service" for "taxi-cab network services"
in section 137A(4)(b) of the Transport (Compliance and
Miscellaneous) Act 1983.
15
Clause 43 substitutes "a booking service" for "taxi-cab network services"
(where twice occurring) in section 137E(2)(h) of the Transport
(Compliance and Miscellaneous) Act 1983.
Clause 44 substitutes "a booking service" for "taxi-cab network services"
in section 144D of the Transport (Compliance and
Miscellaneous) Act 1983.
Clause 45 substitutes "a booking service" for "taxi-cab network services"
in section 162EA(3) and section 162EA(6) of the Transport
(Compliance and Miscellaneous) Act 1983.
Clause 46 substitutes "a booking service" for "taxi-cab network services"
in section 169ZA(2)(b) of the Transport (Compliance and
Miscellaneous) Act 1983 and substitutes "booking service" for
"taxi-cab network service" in section 169ZA(3)(b) of the Act.
The clause also replaces references to "taxi" with references to
"commercial passenger vehicle" in the heading to Division 6A
of Part VI of that Act and section 169ZA and in sections 169ZA,
169ZB and 169ZC of that Act.
Clause 47 substitutes "booking service" for "taxi-cab network service"
in the definition of accredited person and substitutes
"booking services" for "taxi-cab network services" in the
definition of commercial passenger vehicle premises, each
in section 228RA of the Transport (Compliance and
Miscellaneous) Act 1983. Clause 47 also repeals the definitions
of taxi-cab network service and taxi-cab network service
provider and inserts the definition of booking service provider
in section 228RA of the Transport (Compliance and
Miscellaneous) Act 1983.
Clause 48 substitutes "a booking service" for "taxi-cab network services"
in section 228RY(1)(b)(ii) of the Transport (Compliance and
Miscellaneous) Act 1983.
Clause 49 substitutes "a booking service" for "taxi-cab network
services (within the meaning of section 130A(1))" in
section 230C(5)(c)(iv) of the Transport (Compliance and
Miscellaneous) Act 1983.
16
Clause 50 substitutes "booking service" for "taxi-cab network service
(within the meaning of section 130A(1))" and substitutes
"booking service" for "taxi-cab network service"
(where secondly occurring) in section 230DA(2)(d) of the
Transport (Compliance and Miscellaneous) Act 1983.
Division 3--Commercial passenger vehicle service
levy related amendments
Clause 51 inserts new section 157(2AB) and (2AC) into the Transport
(Compliance and Miscellaneous) Act 1983, which give the
licensing authority the power to suspend or revoke an authority
if satisfied, on the balance of probabilities, that the authority
holder has contravened a requirement applying to the authority
holder under Part 2 of the Commercial Passenger Vehicle
Industry Act 2017 or any regulations made under that Act
for the purposes of that Part or the Taxation Administration
Act 1997 as that Act applies to Part 2 of the Commercial
Passenger Vehicle Industry Act 2017 or regulations made
under the Commercial Passenger Vehicle Industry Act 2017
for the purposes of that Part. New section 157(2AC) inserts
definitions of authority and authority holder.
Clause 52 inserts new paragraph (e) in the definition of commercial
passenger vehicle law in section 228RA of the Transport
(Compliance and Miscellaneous) Act 1983 to include
section 324 of the Crimes Act 1958 to the extent it relates
to an offence against a provision mentioned in paragraph (a),
(b) or (c) of that definition.
Division 4--Other amendments
Clause 53 repeals section 149(3A) and (3B) of the Transport
(Compliance and Miscellaneous) Act 1983.
Clause 54 repeals section 150A of the Transport (Compliance and
Miscellaneous) Act 1983.
Clause 55 repeals section 162(1)(ma) to (me) of the Transport
(Compliance and Miscellaneous) Act 1983.
Clause 56 repeals sections 169DA to 169DC of the Transport
(Compliance and Miscellaneous) Act 1983.
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Clause 57 substitutes new section 196G(c) and (d) for section 169G(c)
of the Transport (Compliance and Miscellaneous) Act 1983
and inserts a new subsection (2) at the end of section 169G.
The substituted and new provisions clarify the date by which the
licensing authority must receive a submission which a holder of
accreditation is entitled to make under section 169H.
Clause 58 substitutes a new section 169H and inserts a new section 169HA
in the Transport (Compliance and Miscellaneous) Act 1983.
Substitute section 169H amends the timeframes for the
making of submissions to the licensing authority by holders
of accreditation who receive a notice under section 169G
or 169K(3). New section 169HA provides a process for
obtaining an extension of the time by which the licensing
authority must receive a submission under section 169H.
Clause 59 substitutes a new section 169K(4) of the Transport
(Compliance and Miscellaneous) Act 1983, which requires
that a notice of suspension of a driver accreditation served by
the licensing authority must specify that the holder of the driver
accreditation may make a written submission under section 169H
and the date by which the submission must be made.
Clause 60 substitutes "2 business days" for "24 hours" in section 169MB(2)
of the Transport (Compliance and Miscellaneous) Act 1983,
which specifies the period within which the licensing authority
must make a decision on an application for a stay made by
an applicant for review of a reviewable decision under
section 169MA.
Clause 61 inserts a new Subdivision 2 of Division 9A of Part VI of
the Transport (Compliance and Miscellaneous) Act 1983.
New Subdivision 2 includes new section 191B which gives the
Taxi Services Commission the power to exempt persons from a
requirement under Part VI or regulations made for the purposes
of Part VI if--
• the person is substantially complying with the
requirement; or
• the person has adequately achieved the purpose of the
requirement; or
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• the person's compliance with the requirement would,
in the particular circumstances, be impracticable,
unnecessary, or inappropriate.
New section 191B(4) provides that the Taxi Services
Commission may at any time suspend or cancel an exemption,
or alter its period or its terms and conditions, by written notice
given to the person given the exemption.
Clause 62 inserts a note at the foot of section 191YA(1) of the Transport
(Compliance and Miscellaneous) Act 1983 which clarifies that
notice under subsection (1) may be given to a person accredited
under Division 4 of Part VI of that Act by serving it in
accordance with section 250 or 251 of that Act.
Clause 63 repeals section 191YC of the Transport (Compliance and
Miscellaneous) Act 1983.
Clause 64 inserts new section 191YD(2)(ca) into the Transport
(Compliance and Miscellaneous) Act 1983 to include
information relating to the administration and enforcement
of Part 2 of the Commercial Passenger Vehicle Industry
Act 2017 in the list of information to which an information
sharing arrangement may relate. Clause 64(2) inserts new
section 191YD(5)(ab) in the Act, which adds a reference to
new section 191YDA to the list of provisions which are
expressed not to be limited by section 191YD, and subclause
64(3) inserts new section 191YD(6)(ca), which adds reference
to the Commissioner of State Revenue to the definition of
relevant agency in section 191YD(6).
Clause 65 inserts new section 191YDA into the Transport (Compliance
and Miscellaneous) Act 1983, which places new obligations on
the Chief Commissioner of Police to notify the Taxi Services
Commission after becoming aware that a notifiable person
(defined in new section 191YDA(4)) has been charged with
certain offences.
Clause 66 inserts a reference to the Taxi Services Commission in the
definition of officer in section 225(1)(a) of the Transport
(Compliance and Miscellaneous) Act 1983 to include an
officer or agent of the Commission as an officer for the
purposes of that Act.
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Clause 67 inserts references to the chief executive officer of the Taxi
Services Commission in section 230(4) of the Transport
(Compliance and Miscellaneous) Act 1983 so that any notice,
statement, certificate or other document purporting to be under
the hand of the chief executive officer of the Taxi Services
Commission shall be admissible in evidence in any proceedings
and, in the absence of evidence to the contrary, shall be proof of
the matters set out in the document.
Clause 68 inserts notes at the foot of sections 250 and 251 of the Transport
(Compliance and Miscellaneous) Act 1983 to clarify that
service of documents may be effected electronically.
Division 5--Repeal of this Part
Clause 69 repeals Part 3 of the Bill on 30 June 2019. The repeal of Part 3
does not affect the continuing operation of the amendments made
by the Part (see section 15(1) of the Interpretation of
Legislation Act 1984).
Part 4--Amendment of other Acts
Division 1--Transport Integration Act 2010
Clause 70 inserts new section 24(2A) into the Transport Integration
Act 2010, which provides that section 24(1) and (2) do not apply
to a transport body when it is exercising a power or performing
a function for or in relation to specified actions concerning
transport authorisations. Clause 70(2) inserts new section 24(6),
which defines transport authorisation to mean a licence, an
accreditation, a permit, a permission, an exemption or a
registration under transport legislation.
Clause 71 substitutes "3" for "2" in section 115H(2) of the Transport
Integration Act 2010 to provide for the appointment of an
additional Commissioner of the Taxi Services Commission.
Division 2--Bus Safety Act 2009
Clause 72 omits "subject to section 23" from paragraph (d) of the
definition of bus in section 3(1) of the Bus Safety Act 2009
because section 23 of that Act is being repealed by clause 73.
Clause 73 repeals section 23 of the Bus Safety Act 2009.
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Division 3--Road Safety Act 1986
Clause 74 amends the definition of authorised officer in section 13(6)
of the Road Safety Act 1986 so that an employee of the Taxi
Services Commission authorised in writing by the Commission is
an authorised officer for the purposes of section 13 in relation to
a motor vehicle that is, or a trailer attached to a motor vehicle
that is, a commercial passenger vehicle (within the meaning of
Part VI of the Transport (Compliance and Miscellaneous)
Act 1983).
Division 4--Taxation Administration Act 1997
Clause 75 inserts new section 4(1)(aba) into the Taxation Administration
Act 1997 so that Part 2 of the Commercial Passenger Vehicle
Industry Act 2017 and any regulations made under that Act are
taxation laws for the purposes of the Taxation Administration
Act 1997.
Clause 76 inserts new section 20A(7) into the Taxation Administration
Act 1997 so that section 20A, which deals with the circumstances
in which the Commissioner of State Revenue can offset a refund
against another liability, does not apply in respect of a liability
arising under Part 2 of the Commercial Passenger Vehicle
Industry Act 2017.
Clause 77 inserts new section 92(1)(e)(iic) into the Taxation
Administration Act 1997 so that a tax officer may disclose
information obtained under or in relation to the administration of
a taxation law to the Taxi Services Commission for the purpose
of administering Part 2 of the Commercial Passenger Vehicle
Industry Act 2017 and any regulations made under that Act for
the purposes of that Part.
Clause 78 inserts new section 130B(2)(ab) into the Taxation
Administration Act 1997 so that if a body corporate commits an
offence against section 14(1) of the Commercial Passenger
Vehicle Industry Act 2017 (Persons liable for levy must be
registered) an officer of the body corporate also commits an
offence against section 14(1) if the officer failed to exercise due
diligence to prevent the commission of the offence by the body
corporate.
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Clause 79 inserts new section 135(6) into the Taxation Administration
Act 1997 which provides that it is the intention of sections 5,
12(4), 18(1), 96(2) and 100(4), as they apply on and after the
commencement of section 79 of the Commercial Passenger
Vehicle Industry Act 2017, to alter or vary section 85 of the
Constitution Act 1975.
Division 5--Repeal of this Part
Clause 80 repeals Part 4 of the Bill on 30 June 2019. The repeal of Part 4
does not affect the continuing operation of the amendments
made by the Part (see section 15(1) of the Interpretation of
Legislation Act 1984).
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