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Transport (Taxi-cab Accreditation and Other
Amendments) Bill
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
PART 1--PRELIMINARY
Clause 1 sets out the purpose of the Bill, which is--
· to amend the Transport Act 1983--
· to provide for the accreditation of certain
participants in the taxi-cab industry;
· to enable the penalties for transport
infringements and ticket infringements to vary
depending on whether they are issued by
members of the police force or authorised
officers;
· to make other miscellaneous to the Act;
· to make minor amendments to the Transport
Legislation (Further Amendment) Act 2006.
Clause 2 provides for the commencement of the various clauses of the Bill.
Sub-clause (1) provides for a number of provisions of the Bill to
come into operation on the day after the day on which the Bill
receives the Royal Assent.
Sub-clauses (2) and (3) provide for Part 2 of the Bill (relating to
the accreditation scheme introduced by the Bill) and Division 2
of Part 3 of the Bill (which makes unrelated amendments to the
licensing scheme for taxi-cabs) to come into operation on
respective days to be proclaimed.
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551474 BILL LA INTRODUCTION 20/7/2006
Sub-clause (5) provides that Division 5 of Part 3 of the Bill,
which contains provisions which will remove a temporary power
for the making of regulations providing for certain exemptions
from the requirement to be accredited, comes into operation on
the second anniversary of the coming into operation of Part 2 of
the Bill.
PART 2--TAXI-CAB ACCREDITATION AMENDMENTS
Clause 3 inserts a new Division 4 into Part VI of the Transport Act 1983,
which establishes an accreditation scheme for certain participants
in the taxi-cab industry.
Under the scheme, taxi-cab licence holders, taxi-cab operators
and the providers of taxi-cab network services will be required to
be accredited. A taxi-cab licence holder is, in all cases, the
person who holds the relevant taxi-cab licence. A taxi-cab
operator is the taxi-cab licence holder if the right to operate a
vehicle under the relevant licence has not been assigned under
section 150 of the Act or, if that right has been assigned, the
assignee (see the amendment made by clause 18(d)). Taxi-cab
network services are defined in new section 130A inserted by this
clause. These services are typically provided by taxi depots and
other associations of operators and drivers known as secondary
networks.
The new Division is divided into 8 Subdivisions.
Subdivision 1--Preliminary
New section 130 sets out the purpose of accreditation under the
Division, which is to facilitate the provision of safe, reliable and
efficient taxi-cab services that meet reasonable community
expectations by ensuring that only suitable persons hold taxi-cab
licences, operate taxi-cabs or permit them to be operated or
provide taxi-cab network services.
New section 130A defines certain terms used in the Division,
including the key terms "officer", "relevant person", "responsible
person", "taxi-cab network service", "tier 1 offence", "tier 2
offence" and "tier 3 offence". The section also prescribes how a
number of other references in the Division are to be construed,
including a reference to an application for accreditation, which is
to include a reference to an application for renewal of
accreditation.
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Subdivision 2--Requirement for Accreditation
New section 131 makes it an offence, attracting a maximum
penalty of 60 penalty units, for the operator of a taxi-cab to
operate the taxi-cab, or permit it to be operated, unless the
operator is accredited under the Division as a taxi-cab operator.
(Note that "operate" denotes a different concept from "operator"
--see the definition of "operate" in section 86(1) of the
Transport Act 1983 and the amendment to that definition made
by clause 18(c)).
New section 131A is a similar provision relating to the providers
of taxi-cab network services.
Sub-section (1) makes it an offence for a person to provide a taxi-
cab network service, or to advertise or in any other way hold
themselves out as able or willing to provide a taxi-cab network
service, unless the person is accredited under the Division to
provide that service or is exempted by the regulations from the
requirement to be accredited. (Note that exemption by the
regulations is intended as a short term transitional measure to
facilitate the introduction of this type of accreditation and will
be removed after two years--see clauses 2(7) and 23(1).
This offence will attract a maximum penalty of 240 penalty units
in the case of a natural person and 1200 penalty units in the case
of a body corporate.
Sub-section (2) provides that sub-section (1) does not apply in a
number of cases where it would otherwise have unintended
consequences.
Subdivision 3--Application for Accreditation
New section 132 contains provisions relating to the making of
applications for accreditation.
Sub-section (1) provides that a person (which includes a body
corporate, an unincorporated body or association and a
partnership) may apply to the licensing authority for accreditation
as a taxi-cab licence holder or as a taxi-cab operator or as a
provider of taxi-cab network services. However, sub-section (5)
limits the operation of this provision.
Sub-sections (2), (3) and (4) set out various administrative
requirements relating to applications for accreditation.
Sub-section (5) provides that an unincorporated body or
association, not being a partnership, is not capable of applying
for, or holding, an accreditation as a taxi-cab licence holder or a
taxi-cab operator.
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Sub-section (6) provides that, except where the applicant is an
individual, the licensing authority may communicate with the
nominated responsible person in relation to the application.
New section 132A imposes a time limit of 90 days within which
the licensing authority must decide whether to approve or refuse
an application for accreditation. However, the section also
provides a process in accordance with which the licensing
authority may extend that period.
New section 132B empowers the licensing authority, subject to
this Subdivision, to approve an application for accreditation if the
licensing authority is satisfied that the applicant is suitable to be
accredited and has complied with the application requirements
under this Subdivision.
New section 132C provides that an accreditation remains in force
until either it is cancelled or surrendered or the period specified
in the certificate of accreditation (which must not be more than
five years) expires (whichever occurs first).
New section 132D relates to mandatory refusal of accreditation.
Sub-section (1) provides that the licensing authority must refuse
an application for accreditation if he or she believes on
reasonable grounds that any one of a number of circumstances
exists. These circumstances are spelt out in paragraphs (a)
and (b) of the sub-section.
Paragraph (a), which relates only to accreditation as a taxi-cab
operator or as a provider of taxi-cab network services, specifies
as circumstances where the applicant, or a relevant person in
relation to the applicant--
· has been found guilty of a tier 1 offence; or
· is subject to certain obligations or a certain order
referred to in the Working with Children Act 2005.
Paragraph (b), which applies in all cases, specifies as
circumstances, where the applicant--
· is disqualified under new section 132H or 135A from
applying for the relevant accreditation; or
· does not meet certain requirements in relation to having
knowledge of the activities in respect of which
accreditation is sought or the competency and capacity
(other than financial) to meet relevant business and
service standards determined under the Division or the
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financial capacity to meet those business and service
standards.
Sub-section (2) specifies a number of matters to which the
licensing authority may have regard in determining the financial
capacity of an applicant.
Sub-section (3) specifies a number of circumstances in which an
applicant must not be taken to have the required financial
capacity.
Note, however, that an applicant to which this section applies has
recourse to the Victorian Civil and Administrative Tribunal
(VCAT) in relation to a refusal under this section.
New section 132E provides that the licensing authority must
refuse an application for accreditation if certain other
circumstances apply unless the licensing authority is satisfied that
the applicant has demonstrated that the issue of the accreditation
is appropriate having regard to the purpose of accreditation set
out in section 130. These other circumstances are--
· in the case of an application for accreditation as a taxi-
cab licence holder, where the licensing authority is
aware that the applicant, or a relevant person in relation
to the applicant, has been found guilty of a tier 1 or
tier 2 offence;
· in the case of an application for accreditation as a taxi-
cab operator or as a provider of taxi-cab network
services, if the licensing authority is aware that the
applicant, or a relevant person in relation to the
applicant, has been found guilty of a tier 2 offence.
New section 132F specifies a number of circumstances in which
the licensing authority may refuse an application for
accreditation.
Sub-section (1) specifies as circumstances where the licensing
authority is aware that the applicant, or a relevant person in
relation to the applicant, has been found guilty of a tier 3 offence
or is the subject of a charge for a disqualifying offence (which is
a tier 1 offence or a tier 2 offence or a tier 3 offence) that has not
been finally disposed of at the time of considering the
application.
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Sub-section (2) sets out a number of matters to which the
licensing authority must have regard in exercising a discretion
under sub-section (1).
Sub-section (3) specifies circumstances in relation to
contraventions of the Transport Act 1983 or of business and
service standards applicable to, or conditions, restrictions or other
limitations imposed on, an accreditation held, or previously held,
by the applicant under the Division.
Sub-section (4) provides that nothing in this section limits a
discretion of the licensing authority to approve or refuse an
application for accreditation.
Sub-section (5) makes it clear that, in exercising a discretion to
approve or refuse an application for accreditation, the licensing
authority may have regard to the place of residence or business of
an applicant or relevant person and, where the applicant is a
company, its place of registration and its principal place of
business.
New section 132G requires that, if the licensing authority decides
to refuse to accredit an applicant, the licensing authority must, in
writing and as soon as practicable, notify the applicant of the
decision and of the applicant's rights to apply to VCAT for a
review of the decision and give the applicant a statement of
reasons for the decision.
New section 132H provides that, if the licensing authority
decides to refuse an application for accreditation, the licensing
authority may disqualify the applicant from applying for
accreditation of that kind for the period, not exceeding 5 years,
determined by the licensing authority.
Subdivision 4--Accreditation Conditions and Business
and Service Standards
New section 133 deals with restrictions and conditions
concerning accreditation.
Sub-sections (1) and (2) empower the licensing authority, in
accrediting an applicant, to limit the accreditation in any way the
licensing authority thinks appropriate, including by imposing
conditions that are not inconsistent with any conditions set out in
the regulations that apply to the accreditation, and by restricting
the scope of the accreditation.
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Sub-section (3) provides that an accreditation is also subject to
any condition set out in the regulations that applies to the
accreditation.
Sub-sections (4) and (5) impose conditions on the accreditation
of a taxi-cab operator and a provider of taxi-cab network services
respectively in relation to arrangements approved by the
licensing authority for the provision of such taxi-cab network
services as are specified by the licensing authority.
New section 133A empowers the licensing authority at any time,
on his or her own initiative or on the written application of the
accredited person, to vary or revoke a condition, restriction or
other limitation imposed by the licensing authority on an
accreditation or to impose a new condition, restriction or other
limitation.
The section also sets out administrative processes and
requirements in relation to the exercise by the licensing authority
of his or her powers under the section.
New section 133B makes it an offence for an accredited person to
fail to comply with any condition, restriction or other limitation
imposed on the accreditation by or under this Division of which
the person has been given notice. The maximum penalty for this
offence is, in the case of an accreditation as a taxi-cab licence
holder or a taxi-cab operator, 30 penalty units and in the case of
an accreditation as a provider of taxi-cab network services,
120 penalty units for a natural person and 600 penalty units for
a body corporate.
New section 133C relates to business and service standards
applicable to an accreditation.
Sub-section (1) empowers the Minister, by notice published in
the Government Gazette, to determine minimum business and
service standards to be met by all accredited persons or by a
specified class, or specified classes, of accredited person.
Sub-sections (2) and (3) impose public consultation requirements
on the Minister before he or she may determine business and
service standards under sub-section (1).
Sub-section (4) specifies the matters in relation to which business
and service standards may be determined under the section.
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Subdivision 5--Certificates of Accreditation
New section 134 relates to the issuing of certificates of
accreditation.
Sub-section (1) requires the licensing authority, on accrediting an
applicant, to allocate an accreditation number to the accredited
person and to issue a certificate of accreditation that is in the
form approved by the licensing authority and contains the details
specified in the sub-section.
Sub-section (2) requires the licensing authority, on accrediting an
applicant, to also give the accredited person a copy of the
business and service standards applicable to the accreditation.
Sub-section (3) provides for the issuing, on application by the
accredited person, of a replacement certificate of accreditation if
the licensing authority is satisfied that the certificate last issued to
the accredited person has been lost, stolen or destroyed.
Sub-section (4) makes it an offence, attracting a maximum
penalty of 20 penalty units, for a person who has made an
application under sub-section (3) on the ground that a certificate
has been lost or stolen and who subsequently recovers the lost or
stolen certificate, to fail, within 14 days after the certificate was
recovered, to notify the licensing authority of the recovery and to
return the certificate to the licensing authority unless informed by
the licensing authority that this is not necessary.
New section 134A relates to the production of a certificate of
accreditation.
Sub-section (1) empowers a member of the police force or a
person authorised by the Director of Public Transport to require a
person, who is carrying out an activity for which an accreditation
is required and who claims to be accredited to carry out that
activity, to produce the person's certificate of accreditation for
inspection.
Sub-section (2) makes it an offence, attracting a maximum
penalty of 5 penalty units, for an accredited person to fail to
produce the person's certificate of accreditation for inspection
when required to do so under sub-section (1).
Sub-section (3) provides for a defence against a charge under the
section if the defendant had a reasonable excuse for failing to
produce his or her certificate when required to do so under sub-
section (1) and if, within five days after being required to so
produce it, he or she produces it at the place directed by the
member of the police force or the authorised person.
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Subdivision 6--Disciplinary Action and Improvement
Notices
New section 135 sets out the grounds on which the licensing
authority may take disciplinary action against an accredited
person in respect of an accreditation held by that person.
These are that the licensing authority is satisfied--
· that a ground for refusal of an application for the
accreditation under section 132D, 132E or 132F exists
in relation to the accredited person or a relevant person
in relation to the accredited person;
· that a ground for the service on the accredited person of
an improvement notice in respect of the accreditation
exists;
· that the accreditation was obtained because of a false or
misleading statement made, or false and misleading
information supplied, by the accredited person or a
relevant person in relation to the accredited person;
· that a relevant person in relation to the accredited
person has failed to comply with a requirement under
section 137A(6) (which relates to the provision of
information to the licensing authority by a relevant
person).
New section 135A deals with disciplinary action that may be
taken by the licensing authority in relation to accreditations.
Sub-section (1) sets out the range of disciplinary actions which
may be taken by the licensing authority. These are--
· to cancel the accreditation and disqualify the holder
from applying for an accreditation of that kind for a
period not exceeding 5 years;
· to suspend the accreditation for any period;
· if the accreditation is already suspended, to cancel it and
disqualify the holder as above or to suspend it for an
additional period;
· to direct the accredited person or a relevant person in
relation to the accredited person to undertake particular
training;
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· to impose a new condition, restriction or other limitation
on, or vary a condition, restriction or other limitation on,
the accreditation;
· to reprimand the accredited person.
Sub-section (2) makes it clear that, if an accredited person holds
more than one kind of accreditation, the licensing authority may
take disciplinary action in relation to any one or more of the
accreditations.
Sub-section (3) provides that, if the licensing authority is
satisfied that a ground for refusal of an application for
accreditation under section 132D(a)(i) or (ii) exists in relation to
the accredited person or a relevant person in relation to the
accredited person, the licensing authority must cancel the
accreditation and disqualify the holder from applying for an
accreditation of that kind for a period not exceeding 5 years.
New section 135B sets out the procedure which must be followed
by the licensing authority in taking any disciplinary action
specified in section 135A.
Sub-sections (1) and (2) provide that, if the licensing authority
proposes to take disciplinary action against an accredited person,
he or she must serve a disciplinary notice on the person and set
out the required contents of that notice.
Sub-section (3) requires the licensing authority, in deciding
whether to take disciplinary action, to consider any submission
made by the accredited person in response to the disciplinary
notice as to why the proposed action should not be taken.
Sub-section (4) empowers the licensing authority, if he or she is
satisfied that grounds for taking disciplinary action have been
established, to take any disciplinary action of which notice was
given in the disciplinary notice, or any disciplinary action of
lesser severity, and, in any case, to direct the accredited person or
a relevant person in relation to the accredited person to undertake
particular training or to reprimand the accredited person.
Sub-section (5) imposes on the licensing authority notification
requirements in relation to his or her decision to take, or not take,
disciplinary action.
New section 135C empowers the licensing authority, if he or she
has decided to serve, or has served, a disciplinary notice on a
person and believes on reasonable grounds that it is in the public
interest that the accreditation held by the person be suspended as
soon as practicable before a decision is made to take disciplinary
action against the person, to serve on the person an immediate
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suspension notice. The section provides that, upon service of
such a notice, the relevant accreditation is suspended.
The section also sets out the matters the licensing authority must
consider in forming the required belief and specifies when the
effect of an immediate suspension notice ends.
New section 135D provides that, if the licensing authority
suspends a person's accreditation, during the period of the
suspension, the person is to be taken not to hold an accreditation
of that kind and to be disqualified from applying for an
accreditation of that kind.
New section 135E requires the holder of a cancelled or
suspended accreditation to, not later than 7 days after the
cancellation or suspension, either return the certificate of
accreditation to the licensing authority or, if the certificate has
been lost, stolen or destroyed, to give the licensing authority a
statutory declaration to that effect. Failure to comply with this
requirement is an offence, attracting a maximum penalty of
20 penalty units.
The section also requires the licensing authority to return the
certificate to the holder once a suspension ends (unless the
accreditation has expired when the suspension ends).
New section 135F provides for improvements notices.
Sub-section (1) sets out the grounds on which the licensing
authority may serve an improvement notice on an accredited
person and empowers the licensing authority to serve such a
notice. The grounds relate to the contravention, or likely
contravention, of specified types of requirements relating to the
accreditation or of a provision of the Transport Act 1983 or the
regulations or an applicable business or service standard.
Sub-section (2) sets out mandatory contents of an improvement
notice.
Sub-sections (3) and (4) provide that an improvement notice may
include a range of directions, interim directions and interim
conditions, restrictions or other limitations relating to the
contraventions, activities or matters to which the notice relates.
Sub-section (5) makes it an offence, attracting a maximum
penalty of 20 penalty units, for an accredited person to fail to
comply with an improvement notice served on the person.
Sub-section (6) imposes a procedural restriction on the licensing
authority.
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New section 135G provides that an improvement notice is not
invalid merely because of certain specified irregularities or
defects.
New section 135H provides that the service of an improvement
notice does not affect any proceeding for an offence against the
Transport Act 1983 or the regulations in connection with any
matter in respect of which the notice was served.
Subdivision 7--Review of Decisions
New section 136 gives VCAT jurisdiction in relation to a
mandatory refusal of an application for accreditation under
section 132D(1)(a)(i) or (ii) and a mandatory cancellation of an
accreditation under section 135A(3). Under the section, a person
whose application for accreditation has been refused or whose
accreditation has been cancelled, wholly or partly, on a relevant
ground may apply to VCAT for an order that the licensing
authority approve, or not refuse that application on that ground or
reinstate, or not cancel the accreditation on that ground (as the
case requires).
The section empowers VCAT to make the relevant orders and
specifies the matters on which it must be satisfied and to which it
may have regard in making such an order. It also requires the
licensing authority to comply with such an order.
New section 136A gives an applicant for accreditation, an
accredited person and a relevant person in relation to an applicant
or an accredited person, whose interests are affected by a
decision under the Division of a specified type, to apply to
VCAT for review of the decision. The section goes on to specify
the types of decision in respect of which such an application may
be made.
New section 136B establishes a time limit within which an
application under section 136 or for review under section 136A
must be made.
Subdivision 8--Miscellaneous
New section 137 relates to the nature of an accreditation.
Sub-section (1) makes it clear that an accreditation is personal to
the person who holds it, is not capable of being transferred or
assigned to any other person or otherwise dealt with by the
person who holds it and does not vest by law in any other person.
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Sub-section (2) provides that a purported transfer, assignment or
lease of an accreditation and any other purported dealing with an
accreditation by the person who holds it is of no effect.
Sub-section (3) makes it an offence, attracting a maximum
penalty of 60 penalty units, for the holder of an accreditation to
purport to transfer or assign it to any other person or to otherwise
purport to deal with it.
Sub-section (4) provides that this section does not apply to the
surrender of an accreditation in accordance with the Division and
has effect despite anything in any Act or rule of law to the
contrary.
New section 137A relates to a number of changes in
circumstances with respect to an accreditation or an accredited
person (a relevant change in circumstances).
Sub-section (1) requires that, if a relevant change in
circumstances occurs, the accredited person must notify the
licensing authority of the change in writing within 7 days after
becoming aware of the change.
Sub-section (2) specifies what are relevant changes in
circumstances.
Sub-section (3) requires that, if a relevant change in
circumstances has resulted or will result in any particular set out
in the certificate of accreditation becoming inaccurate or
inapplicable, the accredited person must surrender the certificate
to the licensing authority within 7 days after becoming aware of
the change.
Sub-section (4) makes it an offence for an accredited person to
contravene sub-section (1) or sub-section (3), attracting a
maximum penalty of--
· in the case of a person accredited as a taxi-cab licence
holder or as a taxi-cab operator, 60 penalty units;
· in the case of a person accredited as a provider of taxi-
cab network services, 240 penalty units for a natural
person and 1200 penalty units for a corporation.
Sub-section (5) empowers the licensing authority to amend or
replace a certificate surrendered in accordance with sub-
section (3).
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Sub-section (6) empowers the licensing authority to require a
relevant person in relation to an accredited person to provide any
other information or comply with any other requirement
(including a criminal records check) that the licensing authority
reasonably requires to decide whether, because of a relevant
change of circumstances, the accredited person is no longer a
suitable person to be accredited.
Sub-section (7) makes it a offence, attracting a maximum penalty
of 20 penalty units, for a person to fail to comply with a
requirement under sub-section (6). Such a failure can also be a
ground for taking disciplinary action against the accredited
person under section 135(d).
New section 137B makes provision for the surrender of an
accreditation by the accredited person. The accredited person
must apply in writing to the licensing authority for consent to the
surrender. If the application is made in accordance with the
section, the licensing authority must consent to the surrender
unless the licensing authority is taking, or proposes to take,
action to cancel or suspend the accreditation. However, the
licensing authority may impose any condition on the grant of the
consent that the licensing authority reasonably considers
necessary to protect the interests of a third party.
New section 137C makes it an offence, attracting a maximum
penalty of 30 penalty units, for a person to falsely represent that
the person is accredited under the Division or holds an
accreditation under the Division of a specified kind.
New section 137D entitles the licensing authority, if the
accredited person is not an individual, to communicate at any
time in relation to an accreditation with the responsible person in
relation to the accredited person.
New section 137E contains regulation-making powers relevant to
the Division.
Clause 4 inserts a new sub-section into section 90 of the Transport Act
1983 which provides that no compensation is payable to any
person in respect of, or as a consequence of, a number of
specified decisions of the licensing authority under new
Division 4.
Clause 5 makes a consequential amendment to section 139(2) of the
Transport Act 1983.
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Clause 6 amends section 143 of the Transport Act 1983 by repealing sub-
section (1)(g) consequential upon the introduction of the
accreditation regime and by inserting new sub-sections (2A)
and (2B) which preclude the licensing authority from granting a
taxi-cab licence under the section unless the applicant is
accredited as a taxi-cab licence holder and from granting a taxi-
cab licence, the right to operate a vehicle under which cannot be
the subject of an assignment under section 150, unless the
applicant is also accredited as a taxi-cab operator.
Clause 7 amends section 143A of the Transport Act 1983 by inserting
new sub-sections (12) and (13) which preclude the licensing
authority from granting a taxi-cab licence under the section
unless the owner or intending owner is accredited as a taxi-cab
licence holder and from granting a taxi-cab licence, the right to
operate a vehicle under which cannot be the subject of an
assignment under section 150, unless the owner or intending
owner is also accredited as a taxi-cab operator.
Clause 8 amends section 147B of the Transport Act 1983 so as to enable
the fees referred to in new sections 132(2) and 134(3) to be
determined under that section.
Clause 9 makes a number of amendments to section 149 of the Transport
Act 1983 relating to the transfer of licences.
Sub-clause (1) inserts a new paragraph (a) in section 149(2)
which prevents the licensing authority from authorising the
transfer of a taxi-cab licence that is suspended by force of new
section 165A(2) or (6), inserted by clause 11, unless the licensing
authority agrees to lift the suspension.
Sub-clause (2) makes a consequential amendment to section
149(2)(b).
Sub-clause (3) makes amendments which exclude taxi-cab
licences from the operation of section 149(3)(a) and (b) as a
consequence of the introduction of the accreditation regime.
Sub-clause (4) inserts a new sub-section (3AA) into section 149
which empowers the licensing authority to authorise the transfer
of a taxi-cab licence if he or she is satisfied that the person to
whom it is proposed to transfer the licence is accredited as a taxi-
cab licence holder and, in the case of a taxi-cab licence, the right
to operate a vehicle under which cannot be the subject of an
assignment under section 150, is also accredited as a taxi-cab
operator.
Sub-clause (5) makes a consequential amendment to section
149(3A).
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Clause 10 makes a number of amendments to section 150 of the Transport
Act 1983 relating to the assignment of the right to operate a
vehicle under a taxi-cab licence.
Sub-clause (1) inserts a new sub-section (2AA) into section 150
which precludes the licensing authority from granting an
application under the section unless the assignee is accredited as
a taxi-cab operator.
Sub-clause (2) makes amendments to sub-section (2A) which
clarifies its intended operation following the insertion of sub-
section (2AA).
Sub-clause (3) repeals section 150(6) consequential upon the
introduction of the accreditation regime.
Clause 11 inserts new section 156A into the Transport Act 1983 which
specifies the effect on relevant taxi-cab licences of certain
accreditation outcomes under Division 4.
Sub-section (1) provides that, if the accreditation of a person as a
taxi-cab licence holder is cancelled or is surrendered with the
consent of the licensing authority--
· any taxi-cab licence held by the person which cannot be
transferred is revoked;
· any other taxi-cab licence held by the person is revoked
on the expiry of 90 days after the cancellation or
surrender (or any longer period allowed by the licensing
authority) unless the licence is transferred to another
person before then.
Sub-section (2) provides that, if the accreditation of a person as a
taxi-cab licence holder is suspended, any taxi-cab licence held by
that person (including one the right to operate a vehicle under
which has been assigned under section 150) is suspended for the
same period as the accreditation is suspended (unless the
suspension of the licence is lifted to enable the licence to be
transferred).
Sub-section (3) provides that, if a taxi-cab licence, the right to
operate a vehicle under which may be the subject of an
assignment, is transferred to a person who is accredited as a taxi-
cab licence holder, but not as a taxi-cab operator, the licence is
revoked on the expiry of 90 days after the transfer (or any longer
period allowed by the licensing authority) unless, before then,
either the licence is transferred to another person or the right to
operate a vehicle under the licence is assigned to another person.
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Sub-section (4) provides that, if the operator of a taxi-cab is
found guilty of the offence of operating the taxi-cab, or
permitting it to be operated, when the operator is not accredited
as a taxi-cab operator--
· any assignment to the operator of the right to operate a
vehicle under a taxi-cab licence is revoked;
· any taxi-cab licence held by the operator, which may
not be transferred nor may the right to operate a vehicle
under the licence be assigned, is revoked;
· any taxi-cab licence held by the operator, which may be
transferred or the right to operate a vehicle under which
may be assigned, is revoked on the expiry of 90 days
after the finding of guilt (or any longer period allowed
by the licensing authority) unless, before then, either the
licence is transferred to another person or the right to
operate a vehicle under the licence is assigned to
another person.
Sub-section (5) provides that, if the accreditation of a person as a
taxi-cab operator is cancelled or is surrendered with the consent
of the licensing authority--
· any assignment to the operator of the right to operate a
vehicle under a taxi-cab licence is revoked;
· any taxi-cab licence held by the operator, which may
not be transferred nor may the right to operate a vehicle
under the licence be assigned, is revoked;
· any taxi-cab licence held by the operator, which may be
transferred or the right to operate a vehicle under which
may be assigned, is revoked on the expiry of 90 days
after the cancellation or surrender (or any longer period
allowed by the licensing authority) unless, before then,
either the licence is transferred to another person or the
right to operate a vehicle under the licence is assigned to
another person.
Sub-section (6) provides that, if the accreditation of a person as a
taxi-cab operator is suspended--
· any assignment to the operator of the right to operate a
vehicle under a taxi-cab licence is suspended for the
same period as the accreditation is suspended;
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· any taxi-cab licence held by the person (other than any
licence the right to operate a vehicle under which has
been assigned by that person to another person) is
suspended for the same period as the accreditation is
suspended (unless the suspension of the licence is lifted
to enable the licence to be transferred).
Clause 12 repeals redundant regulation-making powers in section 162 of the
Transport Act 1983.
PART 3--OTHER AMENDMENTS TO TRANSPORT
ACT 1983
Division 1--Infringements Amendments
Clause 13 inserts a new section 214A into the Transport Act 1983 which
provides that the penalty for a transport infringement or a ticket
infringement may differ according to whether the notice for the
infringement is served by a member of the police force or a
person who is authorised to issue a notice for a transport
infringement or ticket infringement.
Clause 14 amends section 215(2) of the Transport Act 1983 which relates
to regulations which prescribe penalties for transport
infringements or ticket infringements.
Sub-clause (1) makes an amendment consequential upon the
enactment of the Infringements Act 2006.
Sub-clause (2) makes an amendment enabling relevant
regulations to give effect to new section 214A.
Division 2--Assignment Amendments
Clause 15 makes a number of amendments to section 150 of the Transport
Act 1983 which relates to the assignment of the right to operate a
vehicle under a taxi-cab licence.
Sub-clause (1) deletes an existing limitation on the extent of an
assignment under the section.
Sub-clause (2) inserts new provisions as follows.
New sub-section (4A) provides that an assignment or a purported
assignment under the section is of no effect if--
· it is not authorised by the licensing authority under the
section;
· it is not made in writing;
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· subject to new sub-section (4B), it is not for a fixed
period of 3 years of less.
New sub-section (4B) permits an assignment to provide for its
termination in specified circumstances before the expiry of the
fixed period of the assignment.
New sub-sections (4C) and (4D) provide that an assignment
cannot be renewed or varied so as to extend the period of the
assignment, but this does not prevent a fresh application being
made for an assignment to an assignee or former assignee.
Sub-clause (3) inserts a new sub-section (7) which states that,
unless sooner cancelled or otherwise terminated, an assignment
ends at the expiration of the period of the assignment.
Division 3--Miscellaneous Amendments
Clause 16 amends section 86(1) of the Transport Act 1983 to insert a new
definition of "company", amend the definition of "corporation"
and "operate" and insert a new definition in relation to taxi-cabs
of "operator".
Clause 17 substitutes a new section 227 into the Transport Act 1983 which
specifies how provisions in the Act which provide that a person,
being a partnership or an unincorporated body or association, is
guilty of an offence, operate.
Division 4--Transitional Provisions
Clause 18 inserts a new Division 6 into Part VIII of the Transport Act
1983 which contains the transitional provisions for this Bill.
New section 272 contains transitional provisions relating to the
amendments made by Part 2 of this Bill.
Sub-section (1) provides that, subject to the section, a person who
holds a taxi-cab licence immediately before the commencement
of Part 2 is deemed, for the period of 12 months after that
commencement, to be accredited as a taxi-cab licence holder.
Sub-section (2) provides that, subject to the section, a person
who, immediately before the commencement of Part 2, either
held a taxi-cab licence, the right to operate a vehicle under which
had not been assigned to another person, or was an assignee of
the right to operate a vehicle under a taxi-cab licence, is deemed,
for the period of 2 years after that commencement, to be
accredited as a taxi-cab operator.
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Sub-section (3) makes it clear that Division 4 of Part VI of the
Act, inserted by clause 3, applies to a deemed accreditation under
sub-section (1) or (2).
Sub-section (4) empowers the licensing authority, at any time
during the period of a deemed accreditation of a person under
sub-section (1) or (2), by written notice served on the person, to
require the person to apply for the relevant accreditation on or
before the date specified in the notice, which must be not less
than 28 days after service of the notice.
Sub-section (5) provides that, if the recipient of a notice under
sub-section (4) does not comply with it, the licensing authority
may serve on that person a notice cancelling the deemed
accreditation with effect from a date specified in the notice which
must not be earlier than 7 days after service of the notice.
New section 273 specifies how the amendments to section 150 of
the Transport Act 1983 made by Division 2 of this Part of the
Bill are to apply.
Division 5--Other Amendments
Clause 19 amends section 131A(1) of the Transport Act 1983 and repeals
section 137E(1)(b) of that Act, as inserted by this Bill, so as to
remove a power to, by regulation, exempt any provider of taxi-
cab network services or class of provider of taxi-cab network
services from the requirement to be accredited under the new
provisions inserted by Part 2 of this Bill. Under clause 2, this
clause comes into operation on the second anniversary of the
commencement of Part 2 of this Bill. This power of exemption is
intended as a transitional measure to facilitate the introduction of
this kind of Accreditation.
PART 4--AMENDMENTS TO TRANSPORT LEGISLATION
(FURTHER AMENDMENT) ACT 2006
Part 4 makes some minor amendments to the Transport Legislation
(Further Amendment) Act 2006.
Clause 20 amends section 2 (the commencement provision) by bringing
forward the default commencement date for the new driver
accreditation scheme, from 1 August 2008 to 1 July 2007, and by
extending the general default commencement date to 1 July 2007.
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Clause 21 amends the definitions of "category 1 offence", "category 2
offence" and "category 3 offence" in section 86(1) of the
Transport Act 1983, as proposed to be inserted by section 8 of
the Transport Legislation (Further Amendment) Act 2006, by
adding a provision that includes corresponding offences in
jurisdictions outside Victoria (including jurisdictions outside
Australia).
Clause 22 amends section 165 of the Transport Act 1983, as proposed to
be inserted by section 14 of the Transport Legislation (Further
Amendment) Act 2006, by extending the exceptions to the
general prohibition against unaccredited driving to circumstances
where the commercial passenger vehicle (that is not a taxi-cab) or
the vehicle used for the operation of a private bus service is being
driven solely for private use.
Clause 23 amends section 169(2) of the Transport Act 1983, as proposed
to be inserted by section 14 of the Transport Legislation
(Further Amendment) Act 2006, by making it clear that the
Director must not issue or renew accreditation to an applicant if
the Director is aware that the applicant has neither a full driver
licence nor a probationary licence supplemented by the requisite
experience.
Clause 24 amends section 169S of the Transport Act 1983, as proposed to
be inserted by section 14 of the Transport Legislation (Further
Amendment) Act 2006, by specifying 7 days as the period in
which a driver must notify the vehicle operator of any suspension
or cancellation of accreditation.
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