Victorian Current Acts Victorian Current ActsIn this Act—
S. 3 def. of accredited driver inserted by No. 63/2017 s. 7(1).
"accredited driver" means a person who holds a driver accreditation;
S. 3 def. of affiliated service amended by No. 63/2017 s. 17(2)(a).
"affiliated service" means a service of any kind (other than a service constituted by the performance of an act referred to in section 7(1)(a) or (b)) provided under an affiliation agreement;
"affiliated trip provider" means a provider of an unbooked commercial passenger vehicle service who, for the purpose of facilitating the provision of services of that kind, obtains one or more affiliated services under an affiliation agreement with a provider of a booking service;
S. 3 def. of affiliation agreement amended by No. 63/2017 s. 17(2)(b).
"affiliation agreement"—see section 6;
S. 3 def. of Australian driver licence inserted by No. 30/2021 s. 15.
"Australian driver licence" has the same meaning as in the Road Safety Act 1986 ;
S. 3 def. of authorised officer inserted by No. 63/2017 s. 7(1).
"authorised officer" means a person appointed under section 125 ;
"booked commercial passenger vehicle service" means a commercial passenger vehicle service that is provided as a result of the provision of a booking service;
S. 3 def. of booking service amended by No. 63/2017 s. 17(2)(c).
"booking service"—see section 7;
S. 3 def. of booking service provider inserted by No. 63/2017 s. 7(1).
"booking service provider" means a person who provides a booking service;
bus has the meaning given by section 3(1) of the Bus Safety Act 2009 ;
bus service has the meaning given by section 3(1) of the Bus Safety Act 2009 ;
S. 3 def. of business day inserted by No. 63/2017 s. 7(1).
"business day" means a day other than—
(a) a Saturday or Sunday; or
(b) a day appointed under the Public Holidays Act 1993 as a public holiday or public half-holiday throughout the whole of Victoria;
S. 3 def. of category 1 offence inserted by No. 63/2017 s. 7(1).
category 1 offence means an offence listed in Part 1 of Schedule 1;
S. 3 def. of category 2 offence inserted by No. 63/2017 s. 7(1).
category 2 offence means an offence listed in Part 2 of Schedule 1;
S. 3 def. of category 3 offence inserted by No. 63/2017 s. 7(1).
category 3 offence means an offence listed in Part 3 of Schedule 1;
S. 3 def. of certificate of accreditation inserted by No. 63/2017 s. 7(1).
"certificate of accreditation" means a certificate issued under section 78;
S. 3 def. of charitable passenger service inserted by No. 63/2017 s. 7(1).
"charitable passenger service" means the carriage of one or more passengers on a journey to which each of the following applies—
(a) the main purpose of the journey is to carry the passengers;
(b) the journey is made for or on behalf of—
(i) a Council; or
(ii) a prescribed body, as part of its charitable or benevolent work or its work for the relief or welfare of members of the public;
(c) the driver receives no remuneration for the journey, except as provided by paragraph (d);
(d) the consideration for the carriage is merely the payment by a passenger, or the Council or prescribed body, of all or part of the costs incurred in making the journey with neither the driver nor any other person making a profit from the carriage;
S. 3 def. of commercial passenger vehicle substituted by No. 63/2017 s. 7(2)(a).
"commercial passenger vehicle" means a motor vehicle registered under Part 3;
S. 3 def. of commercial passenger vehicle safety inserted by No. 63/2017 s. 7(1).
"commercial passenger vehicle safety" means safety associated with the provision of commercial passenger vehicle services;
S. 3 def. of commercial passenger vehicle service substituted by No. 63/2017 s. 7(2)(b), amended by No. 63/2017 s. 17(2)(d).
"commercial passenger vehicle service"—see section 4 ;
"commercial passenger vehicle service transaction" means the provision for a single fare of—
(a) a booked commercial passenger vehicle service; or
(b) an unbooked commercial passenger vehicle service;
"Commissioner" means Commissioner of State Revenue referred to in section 62 of the Taxation Administration Act 1997 ;
S. 3 def. of company inserted by No. 63/2017 s. 7(1).
company has the meaning given by section 9 of the Corporations Act;
S. 3 def. of compliance and investigative purposes inserted by No. 63/2017 s. 7(1).
"compliance and investigative purposes" means purposes related to ascertaining whether an industry law has been or is being complied with;
S. 3 def. of
co-operative inserted by No. 63/2017 s. 7(1).
"co-operative" has the same meaning as in the Co‑operatives National Law (Victoria);
S. 3 def. of costs incurred in making the journey inserted by No. 63/2017 s. 7(1).
"costs incurred in making the journey" includes—
(a) fuel costs; and
(b) maintenance costs; and
(c) parking costs; and
(d) insurance costs; and
(e) vehicle depreciation;
S. 3 def. of Council inserted by No. 63/2017 s. 7(1).
Council has the meaning given by section 3(1) of the Local Government Act 1989 ;
S. 3 def. of Department inserted by No. 63/2017 s. 7(1), amended by No. 49/2019 s. 186(Sch. 4 item 8.1(a)).
"Department" means the Department of Transport;
S. 3 def. of director inserted by No. 63/2017 s. 7(1).
director has the meaning given by section 9 of the Corporations Act;
S. 3 def. of disciplinary action inserted by No. 63/2017 s. 7(1).
"disciplinary action"—see section 215;
S. 3 def. of disciplinary notice inserted by No. 63/2017 s. 7(1).
"disciplinary notice"—see section 216(2);
S. 3 def. of disqualifying offence inserted by No. 63/2017 s. 7(1).
"disqualifying offence" means a category 1 offence, a category 2 offence or a category 3 offence;
S. 3 def. of drive inserted by No. 63/2017 s. 7(1).
"drive", in relation to a motor vehicle, includes being in control of the vehicle;
S. 3 def. of driver accreditation inserted by No. 63/2017 s. 7(1).
"driver accreditation" means an accreditation under Part 5;
S. 3 def. of driver agreement inserted by No. 63/2017 s. 7(1).
"driver agreement" means an agreement made between the owner of a commercial passenger vehicle and another person (the driver ) under which the driver is permitted to have possession of the commercial passenger vehicle for the purpose of driving it but does not include an agreement for the purchase of the vehicle or a contract of employment or of service;
"ESC" means the Essential Services Commission established by section 7 of the Essential Services Commission Act 2001 ;
S. 3 def. of FOI exempt document inserted by No. 63/2017 s. 7(1).
"FOI exempt document "means a document that—
(a) is given to the regulator by an agency (as defined in the Freedom of Information Act 1982 ) or a Minister; and
(b) is an exempt document under the Freedom of Information Act 1982 in the hands of the agency or Minister;
S. 3 def. of exclusion order inserted by No. 63/2017 s. 7(1).
"exclusion order" means an order of a court under section 209 ;
S. 3 def. of highway inserted by No. 63/2017 s. 7(1).
highway has the meaning given by section 3(1) of the Road Safety Act 1986 ;
S. 3 def. of hiring inserted by No. 63/2017 s. 7(1).
"hiring", in relation to a commercial passenger vehicle, includes hiring the vehicle through the use of a booking service;
S. 3 def. of improvement notice inserted by No. 63/2017 s. 7(1).
"improvement notice" means a notice served under section 171 ;
S. 3 def. of incorporated association inserted by No. 63/2017 s. 7(1).
incorporated association has the meaning given by section 3 of the Associations Incorporation Reform Act 2012 ;
S. 3 def. of industry law inserted by No. 63/2017 s. 7(1).
"industry law" means—
(a) this Act; or
(b) the regulations; or
(c) section 81, 82, 83 or 83A of the Crimes Act 1958 but only in respect of conduct that constitutes or could constitute a contravention of any of those sections that arises out of—
(i) arranging, procuring or providing a commercial passenger vehicle service; or
(ii) processing or failing to process a payment for a commercial passenger vehicle service; or
(iii) making or failing to make a payment under a driver agreement; or
(iv) imposing a non-cash payment surcharge; or
(d) section 324 of the Crimes Act 1958 to the extent that it relates to—
(i) an offence against this Act or the regulations; or
(ii) an offence against a provision referred to in paragraph (c) constituted by conduct referred to in that paragraph; or
(e) the rules made under section 95D of the Road Safety Act 1986 as applying in relation to commercial passenger vehicle services; or
(f) regulations made under the Road Safety Act 1986 for the purposes of item 34 of Schedule 2 to that Act as those regulations apply in relation to commercial passenger vehicle services;
S. 3 def. of industry premises inserted by No. 63/2017 s. 7(1), amended by No. 63/2017 s. 17(2)(e).
"industry premises"—see section 5;
S. 3 def. of information inserted by No. 63/2017 s. 7(1).
information has the meaning given by section 3(1) of the Electronic Transactions (Victoria) Act 2000 ;
S. 3 def. of legal practitioner inserted by No. 63/2017 s. 7(1).
"legal practitioner" means an Australian legal practitioner;
S. 3 def. of levy amended by No. 63/2017 s. 17(2)(f).
"levy" means the levy imposed by section 235;
S. 3 def. of manager inserted by No. 63/2017 s. 7(1).
"manager", in relation to an applicant for registration under Part 4 or a registered booking service provider, means a person who is concerned, or takes part, in the management of the activities to which the application or the registration relates, whether as an employee of the applicant or provider or otherwise;
S. 3 def. of monitoring, compliance and enforcement policy inserted by No. 63/2017 s. 7(1).
"monitoring, compliance and enforcement policy" means the policy referred to in section 275;
S. 3 def. of motor vehicle amended by No. 63/2017 s. 7(2)(c).
"motor vehicle" means a motor vehicle within the meaning of the Road Safety Act 1986 and includes a trailer attached to the vehicle but does not include a bus used to provide a bus service;
S. 3 def. of non-cash payment processing device inserted by No. 63/2017 s. 7(1).
"non-cash payment processing device" means a device—
(a) used, or intended to be used, to process a non-cash payment transaction; or
(b) that enables a non-cash payment transaction to be processed;
Examples
EFTPOS machine, smartphone, computer tablet.
S. 3 def. of non-cash payment processing service inserted by No. 63/2017 s. 7(1).
"non-cash payment processing service" means a service that facilitates the processing of a non-cash payment transaction but does not include a service relating to a fee or charge imposed in respect of the use of a credit card, charge card or debit card levied—
(a) by a participant in a designated payment system within the meaning of the Payment Systems (Regulation) Act 1998 of the Commonwealth and is of a kind covered by a standard in force under section 18 of that Act; or
(b) by a person who acts consistently with a voluntary undertaking given by the person to, and accepted by, the Reserve Bank of Australia;
S. 3 def. of non-cash payment surcharge inserted by No. 63/2017 s. 7(1).
"non-cash payment surcharge"—see section 112;
S. 3 def. of non-cash payment transaction inserted by No. 63/2017 s. 7(1).
"non-cash payment transaction" means the payment, other than by cash, of any amount due in respect of the hiring of a commercial passenger vehicle;
S. 3 def. of officer , in relation to a body corporate other than a company, co-operative or incorporated association inserted by No. 63/2017 s. 7(1).
"officer", in relation to a body corporate other than a company, co-operative or incorporated association, means a member of the committee of management of the body corporate;
S. 3 def. of officer , in relation to a company inserted by No. 63/2017 s. 7(1).
"officer", in relation to a company, means—
(a) a director or secretary of the company; or
(b) a person—
(i) who makes, or participates in making, decisions that affect the whole, or a substantial part, of the business of the company; or
(ii) who has the capacity to affect significantly the company's financial standing; or
(iii) in accordance with whose instructions or wishes the directors of the company are accustomed to act (excluding advice given by the person in the proper performance of functions attaching to the person's professional capacity or their business relationship with the directors of the company);
S. 3 def. of officer , in relation to a co-operative inserted by No. 63/2017 s. 7(1).
"officer", in relation to a co-operative, means—
(a) a director or secretary of the co‑operative; or
(b) a person who is concerned, or takes part, in the management of the co‑operative, whether or not as a director;
S. 3 def. of officer , in relation to an incorporated association inserted by No. 63/2017 s. 7(1).
"officer", in relation to an incorporated association, means—
(a) the secretary (as defined by section 3 of the Associations Incorporation Reform Act 2012 ) of the incorporated association; or
(b) a member of the committee (as defined by section 3 of the Associations Incorporation Reform Act 2012 ) of the incorporated association; or
(c) a person who is concerned, or takes part, in the management of the incorporated association;
S. 3 def. of owner inserted by No. 63/2017 s. 7(1).
"owner" of a commercial passenger vehicle—
(a) includes—
(i) a joint owner of the vehicle; and
(ii) any person who has the use of the vehicle under a hiring or hire‑purchase agreement; and
(iii) any person in whose name the vehicle is registered under the Road Safety Act 1986 or a corresponding law of another State or a Territory; but
(b) does not include an unpaid vendor of the vehicle under a hire-purchase agreement;
S. 3 def. of permission inserted by No. 63/2017 s. 7(1).
"permission" means—
(a) a commercial passenger vehicle registration under Part 3; or
(b) a booking service provider registration under Part 4; or
(c) a driver accreditation;
S. 3 def. of permission holder inserted by No. 63/2017 s. 7(1).
"permission holder" means—
(a) a person in whose name a motor vehicle is registered under Part 3; or
(b) a registered booking service provider; or
(c) an accredited driver;
S. 3 def. of person inserted by No. 63/2017 s. 7(1).
"person" includes a body corporate, an unincorporated body or association and a partnership;
S. 3 def. of prescribed amount inserted by No. 63/2017 s. 7(1).
prescribed amount of a non-cash payment surcharge is—
(a) the maximum amount of the surcharge as determined by the ESC under Division 3 of Part 6; or
(b) until the first such determination, 5% of the amount that would be payable in respect of the hiring to which the surcharge relates if that amount were paid in cash;
S. 3 def. of prescribed amount inserted by No. 63/2017 s. 7(1).
prescribed amount of a non-cash payment surcharge is—
(a) the maximum amount of the surcharge as determined by the ESC under Division 3 of Part 6; or
(b) until the first such determination, 5% of the amount that would be payable in respect of the hiring to which the surcharge relates if that amount were paid in cash;
S. 3 def. of prohibition notice inserted by No. 63/2017 s. 7(1).
"prohibition notice" means a notice served under section 180 ;
. 3 def. of provider inserted by No. 63/2017 s. 7(1).
"provider", of an unbooked commercial passenger vehicle service, means—
(a) the owner of the commercial passenger vehicle used in the provision of the service ( relevant vehicle ) if the driver of the relevant vehicle is an employee of the owner; or
(b) in any other case, the driver of the relevant vehicle;
S. 3 def. of public care objective inserted by No. 63/2017 s. 7(1).
"public care objective"—see section 69;
S. 3 def. of register of permission holders inserted by No. 63/2017 s. 7(1).
"register of permission holders" means the register kept by the regulator under section 227;
S. 3 def. of registered booking service provider inserted by No. 63/2017 s. 7(1).
"registered booking service provider" means a person registered under Part 4;
S. 3 def. of registered levy payer amended by No. 63/2017 s. 17(2)(g).
"registered levy payer" means a person who is registered by the Commissioner under section 240(4);
S. 3 def. of regulator inserted by No. 63/2017 s. 7(1), substituted by No. 34/2023 s. 127(Sch. 1 item 3.1(a)).
"regulator" means Safe Transport Victoria;
S. 3 def. of relevant person inserted by No. 63/2017 s. 7(1).
"relevant person", in relation to an applicant for registration under Part 4 or a registered booking service provider, means—
(a) if the applicant or provider is an individual, each manager of the applicant or provider; or
(b) if the applicant or provider is a partnership, each partner and each manager of the applicant or provider; or
(c) if the applicant or provider is an unincorporated body or association other than a partnership, each member of the committee of management, and each manager, of the body or association; or
(d) if the applicant or provider is a company, a co-operative or an incorporated association, each officer and each manager of the company, co‑operative or incorporated association; or
(e) if the applicant or provider is a body corporate other than a company, co‑operative or incorporated association, each officer and each manager of the body corporate;
S. 3 def. of responsible person inserted by No. 63/2017 s. 7(1).
"responsible person", in relation to an applicant for registration under Part 4 or a registered booking service provider, means—
(a) if the applicant or provider is an individual, the applicant or provider; or
(b) in any other case, a relevant person nominated by the applicant or provider as the responsible person;
S. 3 def. of retention period inserted by No. 63/2017 s. 7(1).
"retention" period , in relation to a thing seized under Part 7, means a period of 90 days after the seizure of the thing;
S. 3 def. of return period amended by No. 63/2017 s. 17(2)(h).
"return period"—see section 239;
S. 3 def. of Roads Corporation inserted by No. 63/2017 s. 7(1), repealed by No. 49/2019 s. 186(Sch. 4 item 8.1(b)).
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S. 3 def. of Safe Transport Victoria inserted by No. 34/2023 s. 127(Sch. 1 item 3.1(b)).
"Safe Transport Victoria" has the same meaning as in section 3 of the Transport Integration Act 2010 ;
S. 3 def. of Secretary inserted by No. 63/2017 s. 7(1).
"Secretary" means the Secretary to the Department;
S. 3 def. of supervisory intervention order inserted by No. 63/2017 s. 7(1).
"supervisory intervention order" means an order of a court under section 207;
S. 3 def. of traffic infringement inserted by No. 63/2017 s. 7(1).
traffic infringement has the meaning given by section 3(1) of the Road Safety Act 1986 ;
S. 3 def. of TSC repealed by No. 63/2017 s. 7(2)(d).
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S. 3 def. of unbooked commercial passenger vehicle service amended by No. 63/2017 s. 7(2)(e).
"unbooked commercial passenger vehicle service" means a commercial passenger vehicle service that is provided other than as a result of the provision of a booking service;
S. 3 def. of vehicle pooling service inserted by No. 63/2017 s. 7(1).
"vehicle pooling service" means the carriage of one or more passengers on a journey to which each of the following applies—
(a) the carriage of the passengers is incidental to the main purpose of the journey;
(b) the carriage is not the result of touting for passengers by the driver or any other person on any highway;
(c) no more than 7 passengers are being carried;
(d) the consideration for the carriage is merely—
(i) an undertaking by a passenger to carry the driver, or a family member of the driver, on a similar journey on the same basis; or
(ii) the payment by a passenger of a share of the costs incurred in making the journey with neither the driver nor any other person making a profit from the carriage.
S. 3(2) repealed by No. 63/2017 s. 7(3).
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S. 3A inserted by No. 63/2017 s. 8, renumbered as s. 4 by No. 63/2017 s. 14.