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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  
   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  
   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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