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TRANSPORT LEGISLATION AMENDMENT (TAXI SERVICES REFORM AND OTHER MATTERS) ACT 2011 (NO. 34 OF 2011)


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purpose  
   2.      Commencement  

   PART 2--INITIAL AMENDMENTS

           Division 1--Amendment of the Transport Integration Act 2010

   3.      Definitions  
   4.      Corporate Plans  
   5.      Object of Director of Public Transport  
   6.      Functions of the Director of Public Transport  
   7.      New Division 3 of Part 5 inserted  

           Division 2--Amendment of the Transport (Compliance and Miscellaneous) Act 1983

   8.      Definitions  
   9.      Part VI—Definitions  
   10.     Determinations of policy  
   11.     Time within which licensing authority must deal with application  
   12.     Notification and reasons to be given if accreditation refused  
   13.     Licensing authority may vary, revoke or impose new conditions, restrictions or other limitations  
   14.     Offence not to produce certificate when required  
   15.     Determination of taxi fares or hiring rates  
   16.     Transfers of licences  
   17.     Assignments  
   18.     Touting  
   19.     Offences relating to security cameras and privacy of passengers  
   20.     Agreements in relation to images obtained from security cameras  
   21.     Regulations  
   22.      Director's power to accredit persons  
   23.     Tests, qualifications and other requirements  
   24.     Term and renewal of accreditation  
   25.     Matters to be considered by the Director when issuing or renewing an accreditation  
   26.     Imposition of conditions on accreditation  
   27.     Offence to fail to comply with conditions  
   28.     Disqualification by Director from ability to apply for accreditation  
   29.     Certificate of accreditation  
   30.     Working with children check exemption notice  
   31.     When Director must notify that working with children check exemption notice has ceased to have effect  
   32.     When working with children check exemption notice must be returned  
   33.     Mandatory cancellation in certain circumstances  
   34.     Mandatory suspension in certain circumstances  
   35.     Reinstatement of driver accreditation in certain circumstances where it has been suspended  
   36.     Person whose driver licence or probationary licence is suspended or cancelled must notify the Director  
   37.     Powers of the Director to consider disciplinary action  
   38.     Notice to holder of accreditation  
   39.     Submissions to Director  
   40.     Actions Director may take after consideration  
   41.     Notice of Director's decision  
   42.     Interim suspension of accreditation  
   43.     Re-instatement of accreditation  
   44.     Compensation for lost income during suspension  
   45.     Jurisdiction of VCAT as to category 1 offenders  
   46.     Review of decision by VCAT  
   47.     Offence not to notify change of address and give driver accreditation  
   48.     Offence not to notify of being charged with, or found guilty of, a disqualifying offence  
   49.     Offence to retain illegible certificate  
   50.     Offence to retain certificate if accreditation suspended or cancelled  
   51.     Power of Director to determine fees  
   52.     Heading to Division 9 of Part VI  
   53.     Reference by Minister  
   54.     Conduct of investigation  
   55.     Objectives not to apply  
   56.     Powers relating to investigations  
   57.     Reports  
   58.     New Division 9A of Part VI inserted  
   59.     Definitions  
   60.     Transport and ticket infringements  
   61.     Inspection of motor vehicles  
   62.     Powers of officers authorized by Roads Corporation  
   63.     Authorisation of Departmental authorised officers  
   64.     Authorisation of other authorised officers  
   65.     Application for authorisation  
   66.     Qualification requirements  
   67.     Time limits on section 221AB authorisations  
   68.     Scope of authorisation may be limited  
   69.     Conditions of authorisation  
   70.     Change of conditions  
   71.     Application for renewal of authorisation  
   72.     Renewal of authorisation  
   73.     Issue of identity cards  
   74.     Inquiry into conduct of authorised officer  
   75.     Revocation of authorisation  
   76.     Tribunal reviews  
   77.     Return of identity cards  
   78.     Lost, stolen or destroyed identity cards to be reported  
   79.     Replacement of identity cards  
   80.     Application by proposed employee  
   81.     Power of court to require attendance at approved public transport education program  
   82.     Application for accreditation  
   83.     Matters to be considered by Director  
   84.     Giving or refusal of accreditation  
   85.     Conditions of accreditation  
   86.     Change of conditions etc.  
   87.     Duration of accreditation  
   88.     Requirement to notify Director about charges, etc.  
   89.     Notifications  
   90.     Audit of certain books and records of accredited companies for compliance purposes  
   91.     Application for renewal of accreditation  
   92.     Renewal of accreditation  
   93.     Nature of accreditation  
   94.     Director not liable for giving accreditation  
   95.     Supervision of accredited companies  
   96.     Procedure and powers  
   97.     Immediate power of suspension  
   98.     Tribunal reviews  
   99.     Prosecutions  
   100.    Definitions  
   101.    New Division 9 inserted in Part VIII  

           Division 3--Consequential amendments to other Acts

   102.    Public Administration Act 2004  
   103.    Road Safety Act 1986  
   104.    Working with Children Act 2005  

   PART 3--POST-INQUIRY AMENDMENTS

           Division 1--Amendment of the Transport Integration Act 2010

   105.    Corporate Plans  
   106.    Functions of the Director of Public Transport  
   107.    Taxi Services Commission represents the Crown  
   108.    Object of Taxi Services Commission  
   109.    Functions of Taxi Services Commission  
   110.    Powers of the Taxi Services Commission  
   111.    Constitution of Commission  
   112.    Terms and conditions of Commissioners  
   113.    Acting appointment  
   114.    Vacancies, resignation, removal from office  
   115.    Section 115MA inserted  
   116.    Secretary and Director of Public Transport to assist the Commission  
   117.    Extra-territoriality  
   118.    Staff of the Commission  
   119.    Section 115SA inserted  
   120.    New section 115T substituted  
   121.    New section 115U inserted  

           Division 2--Amendment of the Transport (Compliance and Miscellaneous) Act 1983

   122.    Definitions  
   123.    Tests, qualifications and other requirements  
   124.    Division 9A of Part VI repealed  

           Division 9A--of Part VI of the Transport (Compliance and Miscellaneous) Act 1983 is repealed.

   125.    New Division 10 of Part VIII inserted  

           Division 3--Consequential amendments

   126.    Road Safety Act 1986  
   127.    Working with Children Act 2005  

   PART 4--REPEAL OF AMENDING ACT

   128.    Repeal of amending Act  
           ENDNOTES


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