Victorian Current Acts Victorian Current Acts(1) For the purposes of this Act, a person provides a booking service if the person carries on the business of—
(a) receiving requests for persons to be provided with commercial passenger vehicle services; and
(b) arranging or facilitating the acceptance of those requests by or on behalf of drivers of commercial passenger vehicles.
(2) In determining whether a person (the service provider ) provides a "booking service", it does not matter—
(a) whether or not the commercial passenger vehicle service is provided by the driver as an agent or employee of the service provider; or
(b) whether the agreement or arrangement in accordance with which the commercial passenger vehicle service is provided is between—
(i) the driver and the passenger; or
(ii) the service provider and either the driver or the passenger; or
(iii) any other persons; or
S. 7(2)(c) amended by No. 63/2017 s. 7(4).
(c) whether the fare or other consideration for the commercial passenger vehicle service is paid to the driver by—
(i) the service provider; or
(ii) the passenger; or
(iii) any other person; or
(d) whether or not an act referred to in subsection (1)(a) or (b) involves the use of a wholly or partly automated electronic system; or
(e) whether or not the service provider is located outside Victoria; or
(f) whether or not the service provider also receives requests for persons to be carried as passengers outside Victoria.
(3) A person who owns, operates or controls a wholly or partly automated electronic system that performs the acts referred to in subsection (1)(a) and (b) is taken to provide a booking service .
(4) A person prescribed for the purposes of this subsection is taken to provide a booking service .
(5) A person prescribed for the purposes of this subsection is taken not to provide a booking service despite anything to the contrary in the other provisions of this section.
S. 5A inserted by No. 63/2017 s. 9, renumbered as s. 8 by No. 63/2017 s. 14.