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COMMERCIAL PASSENGER VEHICLE INDUSTRY ACT 2017
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purposes
2. Commencement
3. Definitions
4. Meaning of commercial passenger vehicle service
5. Meaning of industry premises
6. Meaning of affiliation agreement
7. Meaning of booking service
8. References in this Act to persons charged with an offence
9. References in this Act to charges not finally disposed of
10. Objectives
11. Taxation Administration Act 1997
12. Transport Integration Act 2010
13. Interaction with the Occupational Health and Safety Act 2004
14. Act binds the Crown
15. Extraterritorial operation
PART 2--SAFETY PRINCIPLES AND DUTIES
Division 1--Principles of commercial passenger vehicle safety
16. Principle of shared responsibility
17. Principle of accountability for managing safety risks
18. Principle of enforcement
19. Principle of timeliness and transparency
20. Principle of participation, consultation and involvement of all affected persons
21. Effect of principles under this Division
Division 2--The concept of ensuring safety
22. The concept of ensuring safety
Division 3--Safety duties
23. Duties of owners of motor vehicles used to provide commercial passenger vehicle services
24. Duties of booking service providers
25. Duties of persons who have control over the provision of commercial passenger vehicle services
26. Duties of suppliers of services or equipment
27. Duties of drivers providing commercial passenger vehicle services
Division 4--Codes of practice
28. Codes of practice
29. Revisions to approved codes of practice
30. Revocation of approvals of codes of practice
31. Availability of approved codes of practice
32. Minister must consult before approving code of practice or revision to code of practice
33. Effect of approved code of practice
34. Effect of compliance with regulations or approved codes of practice
35. Tabling and disallowance of approved codes of practice
PART 3--REGISTRATION OF COMMERCIAL PASSENGER VEHICLES
Division 1--Preliminary
36. Purpose of registration
Division 2--Commercial passenger vehicle registration offences
37. Offence to drive unregistered vehicle for commercial passenger vehicle service
38. Offence to drive unregistered vehicle for commercial passenger vehicle service as employee
38A. Offence to drive unregistered vehicle for commercial passenger vehicle service other than as employee
39. Offence to provide booking service involving unregistered vehicle
Division 3--Commercial passenger vehicle registration
40. Application for registration
41. Regulator may require further things or information
42. Decision on application for registration
43. Conditions on registration
44. Registration as a commercial passenger vehicle lasts until cancelled or surrendered
45. Annual registration fees
46. Regulator may vary or revoke conditions or impose new conditions
47. Offence to fail to comply with conditions of registration
48. Cancellation of registration
49. Surrender of registration
Division 4--Miscellaneous
50. False representation in relation to registration
51. Indication that a vehicle is a commercial passenger vehicle
PART 4--REGISTRATION OF BOOKING SERVICE PROVIDERS
Division 1--Preliminary
52. Purpose of registration
Division 2--Booking service offences
53. Offence if provider of booking service is not registered
54. Offence to advertise booking services unless registered
55. Offence to accept request from unregistered booking service provider
56. False representation in relation to registration
Division 3--Booking service provider registration
57. Application for registration
58. Decision on application for registration
59. Notification and reasons to be given if application refused
60. Conditions on registration
61. Registration lasts until cancelled or surrendered
62. Annual registration fees
63. Regulator may vary or revoke conditions or impose new conditions
64. Offence to fail to comply with conditions of registration
65. Registered booking service provider must notify change to information
66. Surrender of registration
Division 4--Miscellaneous
67. Offence to provide booking service that results in commercial passenger vehicle service being provided by non-accredited drivers
PART 5--COMMERCIAL PASSENGER VEHICLE DRIVER ACCREDITATION
Division 1--Preliminary
68. References in this Part to persons found guilty of an offence
69. Public care objective
Division 2--Non-accreditation offence
70. Offence for driver to provide services without accreditation
Division 3--Driver accreditations
71. Application for driver accreditation
72. Tests, qualifications and other requirements
73. Matters to which regulator may have regard in considering application
74. Time within which regulator must deal with application
75. Decision on application for driver accreditation
76. Regulator must notify applicant of decision
77. Conditions on driver accreditation
78. Certificate of accreditation
79. Driver accreditation lasts until cancelled or surrendered
80. Annual accreditation fees
81. Regulator may vary or revoke conditions or impose new conditions
82. Offence to fail to comply with conditions of driver accreditation
83. Driver accreditation cannot be transferred
84. Surrender of driver accreditation
Division 4--Disqualification from holding driver accreditation
85. Disqualification from applying for driver accreditation
86. Disqualification ceases if there has been a relevant change of circumstances
Division 5--Driver accreditation offences
87. Offence not to sign certificate of accreditation on receipt
88. Offence not to notify change of address and return certificate of accreditation
89. Offence not to notify of suspension or cancellation of driver accreditation
90. Offence not to notify of being charged with, or found guilty of, a disqualifying offence
91. Offence to retain illegible certificate of accreditation
92. Offence to retain certificate if accreditation suspended or cancelled
93. Offence not to carry certificate of accreditation when driving
94. Offence not to produce certificate of accreditation when asked
PART 6--CONSUMER AND DRIVER PROTECTIONS
Division 1--Driver agreements
95. Definition
96. Application of Division
97. Implied conditions of driver agreement
98. Offence if implied condition breached
99. Referral of disputes to the regulator
100. Minister may refer dispute directly to VCAT
101. Unresolved disputes may be referred to Small Business Commission or VCAT
102. Function of Small Business Commission
103. Mediation or other alternative dispute resolution
104. Small Business Commission may issue certificates
105. Parties may apply to VCAT
106. Jurisdiction of VCAT
107. Time limits for certain complaints
108. Orders VCAT can make
109. Each party to pay own costs
110. Statements made during alternative dispute resolution not admissible
Division 1A--Protections for unbooked commercial passenger vehicle services
110A. Definitions
110B. Application of Essential Services Commission Act 2001
110C. Objective of the ESC
110D. Powers in relation to fares regulation
110E. Price determinations
110F. Exercise of regulatory functions
110G. Offence to charge or ask for a fare for an unbooked service in excess of the maximum fare
Division 2--Fare monitoring
111. Regulator to monitor fares for commercial passenger vehicle services
Division 3--Non-cash payment surcharge
112. Meaning of non-cash payment surcharge
113. Cap on non-cash payment surcharges
114. Offence to enter into certain contracts etc.
115. Civil penalties
116. Preference must be given to compensation
117. Interplay between civil penalties and criminal proceedings
118. Non-cash payment surcharge may be recovered as a debt
119. Proceeding for damages
120. Compensation orders
121. Application of Essential Services Commission Act 2001
122. Objective of the ESC
123. Powers in relation to non-cash payment service regulation
124. Exercise of regulatory functions
PART 7--INVESTIGATION POWERS
Division 1--Authorised officers
125. Appointment
126. Identity card
127. Authorised officer must produce identity card
128. Regulator may direct authorised officer
129. Person must return identity card on ceasing to be an authorised officer
130. Person must not impersonate authorised officer
Division 2--Power of entry without consent or search warrant
131. Limited power for authorised officer to enter premises or vehicle without consent or search warrant
132. Purposes for which authorised officer may enter without consent or search warrant
133. Circumstances in which authorised officer may enter without consent or search warrant
134. Power to enter includes power to search and inspect
Division 5--confers further powers on the authorised officer.
135. Notice of entry if prior notice not given—commercial passenger vehicle not on industry premises
136. Notice of entry to be left if certain persons not present
137. Notice of entry if prior notice not given—industry premises
Division 3--Power of entry without warrant but with consent
138. Authorised officer may enter premises or vehicle for compliance and investigative purposes with consent
139. Procedure for entry with consent
140. Power to enter includes power to search and inspect
Division 5--confers further powers on the authorised officer.
Division 4--Search warrants
141. Issue of search warrant
142. Seizure of things not mentioned in search warrant
143. Announcement before entry under search warrant
144. Copy of search warrant to be given
145. Use of evidence obtained under search warrant in civil penalty proceedings
Division 5--Additional powers relating to search and entry
146. Definitions
147. Application of Division
148. General investigation powers relating to entry of industry premises or other place
149. General investigation powers relating to entry of motor vehicle
150. Use or seizure of electronic equipment
151. Equipment for examining or processing
152. Use of equipment already at premises, place or vehicle
153. Admissibility of recording
Division 6--Additional power to remove material from motor vehicle
154. Removal of material from motor vehicle
Division 7--Seized things
155. Receipt for seized thing
156. Copies of certain seized things to be given
157. Return of seized things
158. Magistrates' Court may extend retention period
159. Forfeiture of seized thing
Division 8--Directions, defect notices, removal of material
160. Direction to require production of information, documents and related items
161. Manner of giving direction under section 160
162. Directions to driver of commercial passenger vehicle
163. Regulator may direct that vehicle be inspected
164. Authorised officer or police officer may issue defect notice
165. Direction to provide evidence of an inspection
Division 9--Miscellaneous
166. Use of force
167. Authorised officer or assistant must cause as little inconvenience as possible
168. Compensation for damage caused during exercise of powers under this Part
169. Abrogation of privilege against self‑incrimination
170. Client legal privilege not abrogated
PART 8--ENFORCEMENT MEASURES
Division 1--Improvement notices
171. Service of improvement notices
172. Contents of improvement notices
173. Directions in improvement notices
174. Compliance with improvement notice
175. Amendment of improvement notice
176. Cancellation of improvement notices
177. Clearance certificates for improvement notices
178. Proceedings for offences not affected by improvement notices or clearance certificates
179. Extension of time for compliance with improvement notices
Division 2--Prohibition notices
180. Service of prohibition notice
181. Contents of prohibition notice
182. Directions in prohibition notices
183. Compliance with prohibition notice
184. Amendment of prohibition notice
185. Withdrawal of prohibition notices
186. Certificates that matters that give rise to immediate risks to safety remedied
187. Proceedings for offences not affected by prohibition notices or certificates
188. When regulator may carry out action
189. Power of regulator to take other remedial action
190. Costs of remedial or other action
Division 3--General requirements applying to notices
191. Definition
192. Notice must be in writing
193. Minor variations of notices
194. Formal irregularities or defects in notice
195. Serving notices
Division 4--Injunctions
196. Injunctions for contravention of specified provisions
197. Injunctions for non-compliance with improvement notice or prohibition notice
Division 5--Enforceable voluntary undertakings
198. Enforceable voluntary undertaking by registered booking service providers
199. Notice of decisions and reasons for decision
200. When an undertaking is enforceable
201. Compliance with undertaking
202. Contravention of undertaking
203. Withdrawal or variation of undertaking
204. Proceedings for alleged contravention
Division 6--Infringement offences
205. Infringement notices
Division 7--Specific court orders
206. Commercial benefits penalty order
207. Supervisory intervention order
208. Contravention of supervisory intervention order
209. Exclusion orders
210. Contravention of exclusion order
211. Release on the giving of a safety undertaking
212. Variation or contravention of orders under section 211
213. Adverse publicity order
PART 9--DISCIPLINARY ACTION
214. When the regulator may take disciplinary action
215. Disciplinary actions that may be taken in relation to permissions
216. Procedure for taking disciplinary action
217. Regulator may extend time for making submissions in relation to disciplinary notices
218. Decision on taking disciplinary action
219. Mandatory cancellation of driver accreditations in certain cases
220. Immediate suspension of permission at the discretion of the regulator
221. Mandatory immediate suspension of driver accreditation
222. Mandatory suspension of driver accreditation if driver licence suspended or cancelled
223. Reinstatement of driver accreditation following reinstatement of driver licence
224. Person whose driver licence or probationary licence is suspended or cancelled must notify the regulator
225. Effect of suspension of permission
226. Re-instatement of driver accreditation
PART 10--REGISTER OF PERMISSION HOLDERS
Division 1--Establishment of register
227. Register of permission holders
228. Public version of register
229. Corrections of register
Division 2--Restriction of public access to information
230. What happens when information is included on the register?
231. Notification that information to be made publicly available
232. Application to restrict public access to information
233. Determination of application
234. Notification of determination
PART 11--COMMERCIAL PASSENGER VEHICLE SERVICE LEVY
235. Levy imposed
236. Who is liable for the levy?
237. Who collects the levy?
238. Amount of levy
239. Return period
240. Persons liable for levy must be registered
241. Returns
242. Additional information to be provided to the Commissioner
243. Cancellation of registration by Commissioner
244. Cancellation of registration by registered levy payer
245. When is a levy due for payment?
246. Recovery of levy by provider of affiliated service
PART 12--INTERNAL REVIEW AND VCAT DECISIONS
Division 1--Interpretation
247. Reviewable decisions
Division 2--Internal review
248. Application for internal review
Division 3--provides for the review by VCAT of a reviewable decision.
249. Regulator may stay operation of decision subject to application for internal review
250. Determination of application for internal review
Division 3--VCAT review
251. Review of regulator decisions by VCAT
252. VCAT review in relation to decision not to restrict public access to information
Division 4--VCAT orders in relation tocategory 1 offenders
253. VCAT orders in relation to category 1 offenders
PART 13--INFORMATION GATHERING AND HANDLING
Division 1--Confidential or commercially sensitive information
254. Definition
255. Restriction on disclosure or use of sensitive information
256. Use for performance of function or exercise of power permitted
257. Disclosure for performance of function or exercise of power permitted in certain cases
258. Disclosure or use permitted if required by Act
259. Disclosure or use with consent permitted
260. Disclosure or use in legal proceedings permitted
260A. Disclosure to Secretary in accordance with agreement
261. Disclosure or use permitted if information in public domain
Division 2--Exempt freedom of information documents
262. Restriction on disclosure and use of exempt freedom of information documents
263. Use for performance of function permitted
Division 3--Power of regulator to obtain and share information
264. Power to obtain information and documents
265. Complaints
266. Information sharing
267. Duty on Chief Commissioner of Police to notify regulator of certain matters relating to offences
PART 14--GENERAL
Division 1--Offences
267A. Advertising offers for the provision of commercial passenger vehicle services in certain cases prohibited
267B. Making offers in a certain way, or displaying offers on one's person, for the provision of commercial passenger vehicle services prohibited
268. Offence to assault or obstruct officer
269. Giving false or misleading information
270. Offences relating to security cameras and privacy of passengers
271. Agreements in relation to images obtained from security cameras
272. Notification of incidents
Division 2--Regulator inquiries
273. Inquiries by the regulator
274. Regulator to report on outcomes of inquiries
Division 3--Monitoring, compliance and enforcement policy
275. Regulator to develop policy
276. Regulator must consult when developing or reviewing policy
277. Content of policy
278. Regulator must coordinate and support implementation of policy
279. Certain persons to have regard to policy
Division 4--Proceedings and evidentiary provisions
280. Who may commence proceedings for offences against an industry law
281. Evidentiary certificates
Division 5--Other
282. Regulatory fees
283. Regulatory exemptions
284. Criminal liability of officers of bodies corporate—failure to exercise due diligence
285. Criminal liability of officers of bodies corporate—failure to exercise due diligence (evidential burden of proof)
286. Corporations Act displacement
287. Offences by partnerships or unincorporated association
288. Service of documents
289. Regulations
290. Transitional provisions
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
ENDNOTES
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