Commercial Passenger Vehicle Industry Act 2017 (Vic)

Version No. 026

Commercial Passenger Vehicle Industry Act 2017

No. 35 of 2017

Version incorporating amendments as at

11 September 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

3Definitions

4Meaning of commercial passenger vehicle service

5Meaning of industry premises

6Meaning of affiliation agreement

7Meaning of booking service

8References in this Act to persons charged with an offence

9References in this Act to charges not finally disposed of

10Objectives

11Taxation Administration Act 1997

12Transport Integration Act 2010

13Interaction with the Occupational Health and Safety Act 2004

14Act binds the Crown

15Extraterritorial operation

Part 2—Safety principles and duties

Division 1—Principles of commercial passenger vehicle safety

16Principle of shared responsibility

17Principle of accountability for managing safety risks

18Principle of enforcement

19Principle of timeliness and transparency

20Principle of participation, consultation and involvement of all affected persons

21Effect of principles under this Division

Division 2—The concept of ensuring safety

22The concept of ensuring safety

Division 3—Safety duties

23Duties of owners of motor vehicles used to provide commercial passenger vehicle services

24Duties of booking service providers

25Duties of persons who have control over the provision of commercial passenger vehicle services

26Duties of suppliers of services or equipment

27Duties of drivers providing commercial passenger vehicle services

Division 4—Codes of practice

28Codes of practice

29Revisions to approved codes of practice

30Revocation of approvals of codes of practice

31Availability of approved codes of practice

32Minister must consult before approving code of practice or revision to code of practice

33Effect of approved code of practice

34Effect of compliance with regulations or approved codes of practice

35Tabling and disallowance of approved codes of practice

Part 3—Registration of commercial passenger vehicles

Division 1—Preliminary

36Purpose of registration

Division 2—Commercial passenger vehicle registration offences

37Offence to drive unregistered vehicle for commercial passenger vehicle service

38Offence to drive unregistered vehicle for commercial passenger vehicle service as employee

38AOffence to drive unregistered vehicle for commercial passenger vehicle service other than as employee

39Offence to provide booking service involving unregistered vehicle

Division 3—Commercial passenger vehicle registration

40Application for registration

41Regulator may require further things or information

42Decision on application for registration

43Conditions on registration

44Registration as a commercial passenger vehicle lasts until cancelled or surrendered

45Annual registration fees

46Regulator may vary or revoke conditions or impose new conditions

47Offence to fail to comply with conditions of registration

48Cancellation of registration

49Surrender of registration

Division 4—Miscellaneous

50False representation in relation to registration

51Indication that a vehicle is a commercial passenger vehicle

Part 4—Registration of booking service providers

Division 1—Preliminary

52Purpose of registration

Division 2—Booking service offences

53Offence if provider of booking service is not registered

54Offence to advertise booking services unless registered

55Offence to accept request from unregistered booking service provider

56False representation in relation to registration

Division 3—Booking service provider registration

57Application for registration

58Decision on application for registration

59Notification and reasons to be given if application refused

60Conditions on registration

61Registration lasts until cancelled or surrendered

62Annual registration fees

63Regulator may vary or revoke conditions or impose new conditions

64Offence to fail to comply with conditions of registration

65Registered booking service provider must notify change to information

66Surrender of registration

Division 4—Miscellaneous

67Offence 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

68References in this Part to persons found guilty of an offence

69Public care objective

Division 2—Non-accreditation offence

70Offence for driver to provide services without accreditation

Division 3—Driver accreditations

71Application for driver accreditation

72Tests, qualifications and other requirements

73Matters to which regulator may have regard in considering application

74Time within which regulator must deal with application

75Decision on application for driver accreditation

76Regulator must notify applicant of decision

77Conditions on driver accreditation

78Certificate of accreditation

79Driver accreditation lasts until cancelled or surrendered

80Annual accreditation fees

81Regulator may vary or revoke conditions or impose new conditions

82Offence to fail to comply with conditions of driver accreditation

83Driver accreditation cannot be transferred

84Surrender of driver accreditation

Division 4—Disqualification from holding driver accreditation

85Disqualification from applying for driver accreditation

86Disqualification ceases if there has been a relevant change of circumstances

Division 5—Driver accreditation offences

87Offence not to sign certificate of accreditation on receipt

88Offence not to notify change of address and return certificate of accreditation

89Offence not to notify of suspension or cancellation of driver accreditation

90Offence not to notify of being charged with, or found guilty of, a disqualifying offence

91Offence to retain illegible certificate of accreditation

92Offence to retain certificate if accreditation suspended or cancelled

93Offence not to carry certificate of accreditation when driving

94Offence not to produce certificate of accreditation when asked

Part 6—Consumer and driver protections

Division 1—Driver agreements

Subdivision 1—Preliminary

95Definition

96Application of Division

Subdivision 2—Implied conditions

97Implied conditions of driver agreement

98Offence if implied condition breached

Subdivision 3—Preliminary assistance in dispute resolution

99Referral of disputes to the regulator

100Minister may refer dispute directly to VCAT

101Unresolved disputes may be referred to Small Business Commission or VCAT

Subdivision 4—Alternative dispute resolution

102Function of Small Business Commission

103Mediation or other alternative dispute resolution

104Small Business Commission may issue certificates

105Parties may apply to VCAT

Subdivision 5—VCAT proceedings

106Jurisdiction of VCAT

107Time limits for certain complaints

108Orders VCAT can make

109Each party to pay own costs

Subdivision 6—Miscellaneous

110Statements made during alternative dispute resolution not admissible

Division 1A—Protections for unbooked commercial passenger vehicle services

110ADefinitions

110BApplication of Essential Services Commission Act 2001

110CObjective of the ESC

110DPowers in relation to fares regulation

110EPrice determinations

110FExercise of regulatory functions

110GOffence to charge or ask for a fare for an unbooked service in excess of the maximum fare

Division 2—Fare monitoring

111Regulator to monitor fares for commercial passenger vehicle services

Division 3—Non-cash payment surcharge

112Meaning of non-cash payment surcharge

113Cap on non-cash payment surcharges

114Offence to enter into certain contracts etc.

115Civil penalties

116Preference must be given to compensation

117Interplay between civil penalties and criminal proceedings

118Non-cash payment surcharge may be recovered as a debt

119Proceeding for damages

120Compensation orders

121Application of Essential Services Commission Act 2001

122Objective of the ESC

123Powers in relation to non-cash payment service regulation

124Exercise of regulatory functions

Part 7—Investigation powers

Division 1—Authorised officers

125Appointment

126Identity card

127Authorised officer must produce identity card

128Regulator may direct authorised officer

129Person must return identity card on ceasing to be an authorised officer

130Person must not impersonate authorised officer

Division 2—Power of entry without consent or search warrant

131Limited power for authorised officer to enter premises or vehicle without consent or search warrant

132Purposes for which authorised officer may enter without consent or search warrant

133Circumstances in which authorised officer may enter without consent or search warrant

134Power to enter includes power to search and inspect

135Notice of entry if prior notice not given—commercial passenger vehicle not on industry premises

136Notice of entry to be left if certain persons not present

137Notice of entry if prior notice not given—industry premises

Division 3—Power of entry without warrant but with consent

138Authorised officer may enter premises or vehicle for compliance and investigative purposes with consent

139Procedure for entry with consent

140Power to enter includes power to search and inspect

Division 4—Search warrants

141Issue of search warrant

142Seizure of things not mentioned in search warrant

143Announcement before entry under search warrant

144Copy of search warrant to be given

145Use of evidence obtained under search warrant in civil penalty proceedings

Division 5—Additional powers relating to search and entry

146Definitions

147Application of Division

148General investigation powers relating to entry of industry premises or other place

149General investigation powers relating to entry of motor vehicle

150Use or seizure of electronic equipment

151Equipment for examining or processing

152Use of equipment already at premises, place or vehicle

153Admissibility of recording

Division 6—Additional power to remove material from motor vehicle

154Removal of material from motor vehicle

Division 7—Seized things

155Receipt for seized thing

156Copies of certain seized things to be given

157Return of seized things

158Magistrates' Court may extend retention period

159Forfeiture of seized thing

Division 8—Directions, defect notices, removal of material

160Direction to require production of information, documents and related items

161Manner of giving direction under section 160

162Directions to driver of commercial passenger vehicle

163Regulator may direct that vehicle be inspected

164Authorised officer or police officer may issue defect notice

165Direction to provide evidence of an inspection

Division 9—Miscellaneous

166Use of force

167Authorised officer or assistant must cause as little inconvenience as possible

168Compensation for damage caused during exercise of powers under this Part

169Abrogation of privilege against self‑incrimination

170Client legal privilege not abrogated

Part 8—Enforcement measures

Division 1—Improvement notices

171Service of improvement notices

172Contents of improvement notices

173Directions in improvement notices

174Compliance with improvement notice

175Amendment of improvement notice

176Cancellation of improvement notices

177Clearance certificates for improvement notices

178Proceedings for offences not affected by improvement notices or clearance certificates

179Extension of time for compliance with improvement notices

Division 2—Prohibition notices

180Service of prohibition notice

181Contents of prohibition notice

182Directions in prohibition notices

183Compliance with prohibition notice

184Amendment of prohibition notice

185Withdrawal of prohibition notices

186Certificates that matters that give rise to immediate risks to safety remedied

187Proceedings for offences not affected by prohibition notices or certificates

188When regulator may carry out action

189Power of regulator to take other remedial action

190Costs of remedial or other action

Division 3—General requirements applying to notices

191Definition

192Notice must be in writing

193Minor variations of notices

194Formal irregularities or defects in notice

195Serving notices

Division 4—Injunctions

196Injunctions for contravention of specified provisions

197Injunctions for non-compliance with improvement notice or prohibition notice

Division 5—Enforceable voluntary undertakings

198Enforceable voluntary undertaking by registered booking service providers

199Notice of decisions and reasons for decision

200When an undertaking is enforceable

201Compliance with undertaking

202Contravention of undertaking

203Withdrawal or variation of undertaking

204Proceedings for alleged contravention

Division 6—Infringement offences

205Infringement notices

Division 7—Specific court orders

206Commercial benefits penalty order

207Supervisory intervention order

208Contravention of supervisory intervention order

209Exclusion orders

210Contravention of exclusion order

211Release on the giving of a safety undertaking

212Variation or contravention of orders under section 211

213Adverse publicity order

Part 9—Disciplinary action

214AADefinition

214When the regulator may take disciplinary action

215Disciplinary actions that may be taken in relation to permissions

216Procedure for taking disciplinary action

217Regulator may extend time for making submissions in relation to disciplinary notices

218Decision on taking disciplinary action

219Mandatory cancellation of driver accreditations in certain cases

220Immediate suspension of permission at the discretion of the regulator

221Mandatory immediate suspension of driver accreditation

222Mandatory suspension of driver accreditation if driver licence suspended or cancelled

223Reinstatement of driver accreditation following reinstatement of driver licence

224Person whose driver licence or probationary licence is suspended or cancelled must notify the regulator

225Effect of suspension of permission

226Re-instatement of driver accreditation

Part 10—Register of permission holders

Division 1—Establishment of register

227Register of permission holders

228Public version of register

229Corrections of register

Division 2—Restriction of public access to information

230What happens when information is included on the register?

231Notification that information to be made publicly available

232Application to restrict public access to information

233Determination of application

234Notification of determination

Part 11—Commercial passenger vehicle service levy

235Levy imposed

236Who is liable for the levy?

237Who collects the levy?

238Amount of levy

239Return period

240Persons liable for levy must be registered

241Returns

242Additional information to be provided to the Commissioner

243Cancellation of registration by Commissioner

244Cancellation of registration by registered levy payer

245When is a levy due for payment?

246Recovery of levy by provider of affiliated service

Part 12—Internal review and VCAT decisions

Division 1—Interpretation

247Reviewable decisions

Division 2—Internal review

248Application for internal review

249Regulator may stay operation of decision subject to application for internal review

250Determination of application for internal review

Division 3—VCAT review

251Review of regulator decisions by VCAT

252VCAT review in relation to decision not to restrict public access to information

Division 4—VCAT orders in relation to category 1 offenders

253VCAT orders in relation to category 1 offenders

Part 13—Information gathering and handling

Division 1—Confidential or commercially sensitive information

254Definition

255Restriction on disclosure or use of sensitive information

256Use for performance of function or exercise of power permitted

257Disclosure for performance of function or exercise of power permitted in certain cases

258Disclosure or use permitted if required by Act

259Disclosure or use with consent permitted

260Disclosure or use in legal proceedings permitted

260ADisclosure to Secretary in accordance with agreement

261Disclosure or use permitted if information in public domain

Division 2—Exempt freedom of information documents

262Restriction on disclosure and use of exempt freedom of information documents

263Use for performance of function permitted

Division 3—Power of regulator to obtain and share information

264Power to obtain information and documents

265Complaints

266Information sharing

267Duty on Chief Commissioner of Police to notify regulator of certain matters relating to offences

Part 14—General

Division 1—Offences

267AAdvertising offers for the provision of commercial passenger vehicle services in certain cases prohibited

267BMaking offers in a certain way, or displaying offers on one's person, for the provision of commercial passenger vehicle services prohibited

268Offence to assault or obstruct officer

269Giving false or misleading information

270Offences relating to security cameras and privacy of passengers

271Agreements in relation to images obtained from security cameras

272Notification of incidents

Division 2—Regulator inquiries

273Inquiries by the regulator

274Regulator to report on outcomes of inquiries

Division 3—Monitoring, compliance and enforcement policy

275Regulator to develop policy

276Regulator must consult when developing or reviewing policy

277Content of policy

278Regulator must coordinate and support implementation of policy

279Certain persons to have regard to policy

Division 4—Proceedings and evidentiary provisions

280Who may commence proceedings for offences against an industry law

281Evidentiary certificates

Division 5—Other

282Regulatory fees

283Regulatory exemptions

284Criminal liability of officers of bodies corporate—failure to exercise due diligence

285Criminal liability of officers of bodies corporate—failure to exercise due diligence (evidential burden of proof)

286Corporations Act displacement

287Offences by partnerships or unincorporated association

288Service of documents

289Regulations

290Transitional provisions

Schedule 1—Categorised offences

Schedule 2—Subject-matter for regulations

Schedule 3—Transitional provisions

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 026

Commercial Passenger Vehicle Industry Act 2017

No. 35 of 2017

Version incorporating amendments as at

11 September 2025

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purposes

The main purposes of this Act are—

(a)to provide for a new regulatory framework for the regulation of the commercial passenger vehicle industry in Victoria, including—

(i)new safety duties for commercial passenger vehicle industry participants; and

(ii)registration schemes for commercial passenger vehicles and booking service providers; and

(iii)an accreditation scheme for drivers of commercial passenger vehicles; and

(iv)certain protections for—

(A)consumers of commercial passenger vehicle services; and

(B)drivers of commercial passenger vehicles; and

(b)to impose a levy on the carrying out of commercial passenger vehicle service transactions—

(i)to recover the cost of transitional assistance provided to certain participants in the commercial passenger vehicle industry; and

(ii)to partly fund the regulation of the commercial passenger vehicle industry.

2Commencement

(1)This Act (except Part 2, Divisions 1, 2 and 3 of Part 3 and Division 4 of Part 4) comes into operation on the day after the day on which this Act receives the Royal Assent.

(2)Subject to subsection (3), Part 2, Divisions 1, 2 and 3 of Part 3 and Division 4 of Part 4 come into operation on a day or days to be proclaimed.

(3)If a provision referred to in subsection (2) does not come into operation before 1 July 2018, it comes into operation on that day.

Note

This section reflects the commencement arrangements for the Act as originally enacted. Parts 3 and 4 were repealed by the Commercial Passenger Vehicle Industry Amendment (Further Reforms) Act 2017 after they came into operation. Section 20, as enacted, was repealed and re‑enacted by that Act as part of section 289.

3Definitions

In this Act—

accredited driver means a person who holds a driver accreditation;

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;

affiliation agreement—see section 6;

Australian driver licence has the same meaning as in the Road Safety Act 1986;

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;

booking service—see section 7;

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;

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;

category 1 offence means an offence listed in Part 1 of Schedule 1;

category 2 offence means an offence listed in Part 2 of Schedule 1;

category 3 offence means an offence listed in Part 3 of Schedule 1;

certificate of accreditation means a certificate issued under section 78;

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;

commercial passenger vehicle means a motor vehicle registered under Part 3;

commercial passenger vehicle safety means safety associated with the provision of commercial passenger vehicle services;

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;

company has the meaning given by section 9 of the Corporations Act;

compliance and investigative purposes means purposes related to ascertaining whether an industry law has been or is being complied with;

co-operative has the same meaning as in the Co‑operatives National Law (Victoria);

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;

Council has the meaning given by section 3(1) of the Local Government Act 1989;

Department means the Department of Transport and Planning;

director has the meaning given by section 9 of the Corporations Act;

disciplinary action—see section 215;

disciplinary notice—see section 216(2);

disqualifying offence means a category 1 offence, a category 2 offence or a category 3 offence;

drive, in relation to a motor vehicle, includes being in control of the vehicle;

driver accreditation means an accreditation under Part 5 and in Part 9 includes an accreditation under Part 4A of the Bus Safety Act 2009;

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;

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;

exclusion order means an order of a court under section 209;

highway has the meaning given by section 3(1) of the Road Safety Act 1986;

hiring, in relation to a commercial passenger vehicle, includes hiring the vehicle through the use of a booking service;

improvement notice means a notice served under section 171;

incorporated association has the meaning given by section 3 of the Associations Incorporation Reform Act 2012;

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;

industry premises—see section 5;

information has the meaning given by section 3(1) of the Electronic Transactions (Victoria) Act 2000;

legal practitioner means an Australian legal practitioner;

levy means the levy imposed by section 235;

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;

monitoring, compliance and enforcement policy means the policy referred to in section 275;

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;

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.

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;

non-cash payment surcharge—see section 112;

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;

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;

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);

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;

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;

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;

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;

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;

person includes a body corporate, an unincorporated body or association and a partnership;

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;

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;

prohibition notice means a notice served under section 180;

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;

public care objective—see section 69;

register of permission holders means the register kept by the regulator under section 227;

registered booking service provider means a person registered under Part 4;

registered levy payer means a person who is registered by the Commissioner under section 240(4);

regulator means Safe Transport Victoria;

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;

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;

retentionperiod, in relation to a thing seized under Part 7, means a period of 90 days after the seizure of the thing;

return period—see section 239;

*                *                *                *                *

Safe Transport Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;

Secretary means the Secretary to the Department;

supervisory intervention order means an order of a court under section 207;

traffic infringement has the meaning given by section 3(1) of the Road Safety Act 1986;

*                *                *                *                *

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;

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.

*                *                *                *                *

4Meaning of commercial passenger vehicle service

(1)A commercial passenger vehicle service is the carriage, for a fare or other consideration, of one or more passengers in a motor vehicle on a journey that begins in Victoria and ends at one or more destinations (whether in or outside Victoria).

(2)Each of the following activities is also a commercial passenger vehicle service—

(a)doing either of the following things while being available to provide the service referred to in subsection (1)—

(i)driving a motor vehicle;

(ii)being in charge of a motor vehicle;

(b)driving a motor vehicle to collect a passenger referred to in subsection (1).

(3)None of the following things is a commercial passenger vehicle service—

(a)a charitable passenger service;

(b)a vehicle pooling service;

(c)driving a motor vehicle while being available to provide a charitable passenger service or a vehicle pooling service;

(d)driving a motor vehicle to collect a passenger for a charitable passenger service or a vehicle pooling service;

(e)the driving of a vehicle operated by or on behalf of and under the control of—

(i)an ambulance service created under section 23 of the Ambulance Services Act 1986 or listed in Schedule 1 to that Act; or

(ii)an ambulance service created under a law in force in another State or in a Territory of the Commonwealth;

(f)the driving of a motor vehicle for the purposes of a non-emergency patient transport service (within the meaning of the Non-Emergency Patient Transport and First Aid Services Act 2003).

5Meaning of industry premises

(1)Industry premises are a building or facility used in connection with the provision of—

(a)a commercial passenger vehicle service; or

(b)a booking service; or

(c)a non-cash payment processing service.

(2)Residential premises are not industry premises.

6Meaning of affiliation agreement

An affiliation agreement is an agreement between a person who provides a booking service (service provider) and a person who provides unbooked commercial passenger vehicle services (trip provider) that—

(a)whether or not it imposes any other obligation on the service provider, imposes an obligation on the service provider to maintain, on behalf of the trip provider, trip records of a kind suitable for the purposes of the returns required to be lodged under section 241(1) or 244(1); and

(b)specifies the amount the service provider will be paid for the provision by the service provider of each kind of service to be provided to the trip provider under the agreement; and

(c)contains an acknowledgement by the service provider that the service provider is responsible for lodging returns, being a registered levy payer and paying levies in respect of unbooked commercial passenger vehicle services provided by the trip provider while the agreement is in effect.

7Meaning of booking service

(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

(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.

8References in this Act to persons charged with an offence

In this Act, a reference to a person who has been charged with an offence is a reference to a person—

(a)against whom an indictment has been filed for the offence; or

(b)against whom a charge-sheet charging the offence has been filed, whether or not either of the following has been issued or served—

(i)a summons to answer to the charge; or

(ii)a warrant to arrest the person.

9References in this Act to charges not finally disposed of

In this Act, a reference to a charge that has not been finally disposed of is a reference to a charge that has not been finally dealt with by—

(a)being withdrawn or by the discontinuance of the prosecution; or

(b)being dismissed by a court; or

(c)the person charged being discharged by a court following a committal proceeding; or

(d)the person charged being acquitted or found guilty of the offence that was the subject of the charge by a court; or

(e)any other prescribed means.

10Objectives

The objectives of this Act are to promote—

(a)competition in the market for commercial passenger vehicle services; and

(b)commercial passenger vehicle safety; and

(c)the effective management of safety risks arising out of the provision of commercial passenger vehicle services; and

(d)continuous improvement in the management of commercial passenger vehicle safety; and

(e)public confidence in the safety of commercial passenger vehicle services; and

(f)the involvement of relevant stakeholders in commercial passenger vehicle safety; and

(g)a safety culture among persons who participate in the provision of commercial passenger vehicle services; and

(h)protections for users of commercial passenger vehicle services; and

(i)transparency in transactions for the provision of commercial passenger vehicle services.

11Taxation Administration Act 1997

Part 11 is to be read together with the Taxation Administration Act 1997 which provides for the administration and enforcement of that Part and other taxation laws.

Note

Part 11 and any regulations made under this Act for the purposes of Part 11 are a taxation law under the Taxation Administration Act 1997.

12Transport Integration Act 2010

This Act is transport legislation within themeaning of the Transport Integration Act 2010.

13Interaction with the Occupational Health and Safety Act 2004

(1)If an OHS provision applies to an activity in respect of which a duty is imposed under Division 3 of Part 2, the OHS provision continues to apply and must be observed in addition to that Division and any regulations made under this Act for the purposes of that Division.

Note

See also section 51 of the Interpretation of Legislation Act 1984.

(2)If a provision of this Act or the regulations made under this Act is inconsistent with an OHS provision, the OHS provision prevails to the extent of the inconsistency.

(3)Compliance with this Act or the regulations made under this Act, or with any requirement imposed under this Act or the regulations, is not in itself a defence in any proceedings for an offence against an OHS provision.

(4)Evidence of a relevant contravention of this Act or the regulations made under this Act is admissible in any proceedings for an offence against an OHS provision.

(5)In this section—

OHS provision means a provision of the Occupational Health and Safety Act 2004 or the regulations made underthat Act.

14Act binds the Crown

This Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

15Extraterritorial operation

(1)This Act applies in relation to—

(a)a commercial passenger vehicle service even if part of that service is provided outside Victoria; and

(b)a booking service provided wholly or partly outside Victoria, whether in or outside Australia.

(2)For the purpose of subsection (1), this Act applies outside Victoria to the full extent of the extraterritorial legislative power of the Parliament.

PART 2—SAFETY PRINCIPLES AND DUTIES

Division 1—Principles of commercial passenger vehicle safety

16Principle of shared responsibility

(1)Commercial passenger vehicle safety is the shared responsibility of—

(a)owners of motor vehicles used to provide commercial passenger vehicle services; and

(b)drivers of motor vehicles used to provide commercial passenger vehicle services; and

(c)booking service providers; and

(d)persons who have control over the provision of commercial passenger vehicle services; and

(e)suppliers of services and equipment to the commercial passenger vehicle industry; and

(f)the regulator; and

(g)members of the public.

(2)The level and nature of responsibility that a person referred to in subsection (1), or a person within a class of persons referred to in subsection (1), has for commercial passenger vehicle safety is dependent on—

(a)the nature of the risk to commercial passenger vehicle safety that the person creates from the carrying out of an activity or the making of a decision; and

(b)the capacity that that person has to control, eliminate or mitigate that risk or any other risk to commercial passenger vehicle safety.

17Principle of accountability for managing safety risks

Managing risks associated with the provision of commercial passenger vehicle services is the responsibility of the person best able to control the risk.

18Principle of enforcement

Enforcement of this Act and the regulations should be undertaken for the purpose of—

(a)protecting public safety; and

(b)promoting improvement in commercial passenger vehicle safety; and

(c)removing any incentive for unfair commercial advantage that might be derived from contravening the safety requirements under this Act or the regulations; and

(d)influencing the attitude and behaviour of persons whose actions may have adverse impacts on commercial passenger vehicle safety.

19Principle of timeliness and transparency

Regulatory decision-making processes for the commercial passenger vehicle industry should be timely and transparent.

20Principle of participation, consultation and involvement of all affected persons

The persons and classes of persons referred to in section 16(1) should—

(a)participate in or be able to participate in; and

(b)be consulted on; and

(c)be involved in—

the formulation and implementation of measures to manage risks to commercial passenger vehicle safety.

21Effect of principles under this Division

The Parliament does not intend by this Division to create in any person any legal right or give rise to any civil cause of action.

Division 2—The concept of ensuring safety

22The concept of ensuring safety

(1)To avoid doubt, a duty imposed on a person under this Act or the regulations to ensure, so far as is reasonably practicable, safety, requires the person to—

(a)eliminate risks to safety so far as is reasonably practicable; and

(b)if it is not reasonably practicable to eliminate risks to safety, to reduce those risks so far as is reasonably practicable.

(2)To avoid doubt, for the purposes of this Part or regulations made for the purposes of this Part regard must be had to the following matters in determining what is (or was at a particular time) reasonably practicable in relation to ensuring safety—

(a)the likelihood of the hazard or risk concerned eventuating;

(b)the degree of harm that would result if the hazard or risk eventuated;

(c)what the person concerned knows, or ought reasonably to know, about the hazard or risk and any ways of eliminating or reducing the hazard or risk;

(d)the availability and suitability of ways to eliminate or reduce the hazard or risk;

(e)the cost of eliminating or reducing the hazard or risk.

Division 3—Safety duties

23Duties of owners of motor vehicles used to provide commercial passenger vehicle services

(1)An owner of a motor vehicle who knows, or ought reasonably to know, that the vehicle is being used, or is to be used, to provide commercial passenger vehicle services must, so far as is reasonably practicable, ensure those services are provided safely.

Penalty:In the case of an individual, 1800 penalty units;

In the case of a body corporate, 9000 penalty units.

Note

Section 284 (criminal liability of officers of bodies corporate—failure to exercise due diligence) applies to an offence against this subsection.

(2)Without limiting subsection (1), an owner contravenes that subsection if the owner fails to do any of the following—

(a)maintain the vehicle in a fit, serviceable and safe condition;

(b)provide or maintain any equipment or systems used in the vehicle in accordance with the regulations;

(c)provide sufficient information or instruction to the driver of the vehicle who is using it to provide commercial passenger vehicle services to enable that driver to provide those services safely.

(3)An offence against subsection (1) is an indictable offence.

24Duties of booking service providers

(1)A booking service provider must, so far as is reasonably practicable, ensure commercial passenger vehicle services provided by an associated driver are provided safely.

Penalty:In the case of an individual, 1800 penalty units;

In the case of a body corporate, 9000 penalty units.

Note

Section 284 (criminal liability of officers of bodies corporate—failure to exercise due diligence) applies to an offence against this subsection.

(2)Without limiting subsection (1), a booking service provider contravenes that subsection if the booking service provider fails to do any of the following—

(a)identify and manage risks to safety associated with commercial passenger vehicle services provided by an associated driver;

(b)acquire and maintain a database of the hazards or risks relating to the provision of commercial passenger vehicle services by associated drivers and the measures taken to eliminate or reduce the hazards or risks;

(c)provide information, instruction, training or supervision to associated drivers to enable those drivers to provide commercial passenger vehicle services safely, including implementing systems or processes for—

(i)the management of driver fatigue; and

(ii)drug and alcohol testing of drivers; and

(iii)the maintenance of commercial passenger vehicles; and

(iv)emergency management; and

(v)driver behaviour, competency and medical fitness.

(3)An offence against subsection (1) is an indictable offence.

(4)In this section—

associated driver, in relation to a booking service provider, means a driver of a motor vehicle who provides commercial passenger vehicle services through booking services provided by the provider.

25Duties of persons who have control over the provision of commercial passenger vehicle services

(1)A person who has control over the provision of commercial passenger vehicle services, must, so far as is reasonably practicable, ensure those services are provided safely.

Penalty:In the case of an individual, 1800 penalty units;

In the case of a body corporate, 9000 penalty units.

Note

Section 284 (criminal liability of officers of bodies corporate—failure to exercise due diligence) applies to an offence against this subsection.

(2)An offence against subsection (1) is an indictable offence.

(3)For the purposes of this section—

(a)a reference to a person who has control over the provision of commercial passenger vehicle services includes a person who would have control if not for any agreement purporting to limit or remove that control; and

(b)a passenger of a motor vehicle who is being provided commercial passenger vehicle services does not have control over the provision of those services.

26Duties of suppliers of services or equipment

(1)A person who supplies, installs, maintains, repairs or modifies any thing and knows, or ought reasonably to know, that the thing is used, or is to be used, in the provision of commercial passenger vehicle services must—

(a)ensure, so far as is reasonably practicable, that the thing is safe when used for a purpose for which it was supplied, installed, maintained, repaired or modified; and

(b)carry out, or arrange the carrying out, of such testing and examination as may be necessary for compliance with this section; and

(c)in the case of a thing to which paragraph (a) applies, take such action as is necessary to ensure that there will be available in connection with the use of the thing adequate information about—

(i)the use for which the thing was supplied, installed, maintained, repaired or modified; and

(ii)the results of any testing or examination referred to in paragraph (b); and

(iii)any conditions necessary to ensure the thing is safe when used for a purpose for which it was supplied, installed, maintained, repaired or modified.

Penalty:In the case of an individual, 1800 penalty units;

In the case of a body corporate, 9000 penalty units.

Note

Section 284 (criminal liability of officers of bodies corporate—failure to exercise due diligence) applies to an offence against this subsection.

(2)An offence against subsection (1) is an indictable offence.

(3)For the purposes of subsection (1), if the person who supplies the thing—

(a)carries on the business of financing the acquisition of the thing by customers; and

(b)has, in the course of that business, acquired an interest in the thing solely for the purpose of financing its acquisition by a customer from a third person or its provision to a customer by a third person; and

(c)has not taken possession of the thing or has taken possession of it solely for the purpose of passing possession to that customer—

the reference in that subsection to the person who supplies that thing is instead taken to be a reference to the third person.

(4)This section does not apply to a person who designs, commissions, constructs or manufactures a motor vehicle.

(5)In this section—

supplies includes designs, commissions, constructs or manufactures.

27Duties of drivers providing commercial passenger vehicle services

(1)A driver of a motor vehicle who provides or will be providing commercial passenger vehicle services by means of the vehicle must—

(a)take reasonable care for the driver's own health and safety; and

(b)take reasonable care for the health and safety of persons who may be affected by the driver's acts or omissions; and

(c)co-operate with a booking service provider with respect to any action taken by the booking service provider to comply with a requirement imposed by or under this Act or the regulations.

Penalty:1800 penalty units.

(2)An offence against subsection (1) is an indictable offence.

Division 4—Codes of practice

28Codes of practice

(1)For the purposes of providing practical guidance to persons who may be placed under a duty by or under Division 3, the Minister may, subject to section 32, approve one or more codes of practice.

(2)A code of practice—

(a)may consist of any code, standard, rule, specification or provision relating to any aspect of commercial passenger vehicle service safety; and

(b)may apply, incorporate or adopt any document formulated or published by any body or authority as in force at the time the code of practice is approved, or as amended, formulated or published from time to time.

(3)The approval of a code of practice takes effect on the day on which notice of the approval is published in the Government Gazette, or any later day specified in the notice.

Note

A code of practice approved under this section is disallowable by either House of Parliament (see section 35).

29Revisions to approved codes of practice

(1)Subject to section 32, the Minister may—

(a)approve any revision of the whole, or any part, of an approved code of practice; or

(b)revoke the approval of a code of practice.

(2)The approval of a revision to an approved code of practice takes effect on the day on which notice of the approval of the revision is published in the Government Gazette, or on any later day specified in the notice.

30Revocation of approvals of codes of practice

The approval of a code of practice ceases to have effect at the end of the day on which notice of the revocation of the approval is published in the Government Gazette, or on any later day specified in the notice.

31Availability of approved codes of practice

(1)The Minister must give to the regulator—

(a)a current copy of every approved code of practice; and

(b)a copy of every document applied, incorporated or adopted by an approved code of practice (in the form in which that document has effect in the approved code of practice). 

(2)On receiving the documents under subsection (1), the regulator must—

(a)make them available for inspection by members of the public without charge at the regulator's office during normal office hours; and

(b)publish the current copy of the approved code of practice on the regulator's internet site.

32Minister must consult before approving code of practice or revision to code of practice

Before the Minister approves a code of practice or any revision of the whole, or any part, of an approved code of practice under section 28 or 29, the Minister must consult with persons or bodies that the Minister considers may be affected by the code of practice, or revision of an approved code of practice, to be approved.

33Effect of approved code of practice

A person is not civilly or criminally liable by reason only that the person has failed to observe any provision of an approved code of practice.

Note

A person who complies with an approved code of practice may however be taken to have complied with this Act (see section 34).

34Effect of compliance with regulations or approved codes of practice

(1)This section applies if—

(a)the regulations or an approved code of practice make provision for or with respect to a duty or obligation imposed by this Act or the regulations; and

(b)a person complies with the regulations or the approved code of practice to the extent that it makes that provision.

(2)The person is, for the purposes of this Act and the regulations, taken to have complied with this Act or the regulations in relation to that duty or obligation.

35Tabling and disallowance of approved codes of practice

(1)On or before the 6th sitting day after notice of the approval of a code of practice is published in the Government Gazette, the Minister must ensure that a copy of that code is laid before each House of the Parliament.

(2)A failure to comply with subsection (1) does not affect the operation or effect of the code of practice but the Scrutiny of Acts and Regulations Committee of the Parliament may report the failure to each House of the Parliament.

(3)A code of practice may be disallowed in whole or in part by either House of Parliament.

(4)Part 5 of the Subordinate Legislation Act 1994 applies to a code of practice as if—

(a)a reference in that Part to statutory rule were a reference to a code of practice; and

(b)a reference in section 23(1)(c) of that Act to section 15(1) were a reference to subsection (1).

(5)A reference to a code of practice in this section includes a reference to any amendment to, or revision of the whole or any part of, a code of practice.

PART 3—REGISTRATION OF COMMERCIAL PASSENGER VEHICLES

Division 1—Preliminary

36Purpose of registration

The purpose of registering motor vehicles as commercial passenger vehicles is to provide a method of establishing the identity of those vehicles and of who is using them to provide commercial passenger vehicle services.

Division 2—Commercial passenger vehicle registration offences

37Offence to drive unregistered vehicle for commercial passenger vehicle service

(1)A person must not drive a motor vehicle for the purpose of providing a commercial passenger vehicle service if the vehicle is not registered under this Part.

Penalty:60 penalty units.

(2)Subsection (1) does not apply if the person driving the motor vehicle is an employee of the owner of the vehicle.

Note

Section 38 provides that in those circumstances it is the owner who commits the offence.

38Offence to drive unregistered vehicle for commercial passenger vehicle service as employee

(1)The owner of a motor vehicle commits an offence if—

(a)a person drives the motor vehicle for the purpose of providing a commercial passenger vehicle service; and

(b)that person is an employee of the owner; and

(c)the vehicle is not registered under this Part.

(2)A person who commits an offence against subsection (1) is liable to a penalty not exceeding 60 penalty units for an individual or 300 penalty units for a body corporate.

38AOffence to drive unregistered vehicle for commercial passenger vehicle service other than as employee

(1)The owner of a motor vehicle commits an offence if—

(a)a person who is not the owner drives the motor vehicle for the purpose of providing a commercial passenger vehicle service; and

(b)the owner knowingly allows the person to drive the motor vehicle for that purpose; and

(c)the person is not an employee of the owner; and

(d)the vehicle is not registered under this Part.

(2)A person who commits an offence against subsection (1) is liable to a penalty not exceeding 60 penalty units for an individual or 300 penalty units for a body corporate.

39Offence to provide booking service involving unregistered vehicle

(1)A person who provides a booking service commits an offence if—

(a)a commercial passenger vehicle service is provided as a result of the provision of the booking service; and

(b)the motor vehicle used for the purpose of providing the commercial passenger vehicle service is not registered under this Part.

(2)A person who commits an offence against subsection (1) is liable to a penalty not exceeding 60 penalty units for an individual or 300 penalty units for a body corporate.

Note

Section 284 (criminal liability of officers of bodies corporate—failure to exercise due diligence) applies to an offence against this section.

Division 3—Commercial passenger vehicle registration

40Application for registration

(1)The owner of a motor vehicle or a person who has the owner's permission may apply to the regulator for the registration of the vehicle under this Part.

(2)An application under subsection (1) must—

(a)be made in the manner and form approved by the regulator; and

(b)be accompanied by—

(i)any information or thing required by the regulator; and

(ii)the fee (if any) for the application determined by the regulator under section 282.

(3)If the applicant is not the owner of the motor vehicle, an application under subsection (1) must also include the name of the owner of the vehicle.

41Regulator may require further things or information

(1)The regulator may require any one or more of the following in relation to an application under section 40—

(a)the applicant do a thing specified by the regulator that the regulator reasonably requires in order to assess the application;

(b)verification, by a statutory declaration, of any statement made or information given for the purposes of the application;

(c)the applicant give further information for the purposes of the application.

(2)Any further information given by the applicant under subsection (1)(c) must be—

(a)if the regulations so provide, signed in accordance with the regulations; and

(b)declared by each signatory to be true and correct.

42Decision on application for registration

The regulator must register a motor vehicle under this Part if the regulator is satisfied that all requirements in relation to the application and applicant under this Part have been complied with.

43Conditions on registration

(1)In registering a motor vehicle under this Part, the regulator may impose any conditions on the registration that the regulator considers appropriate.

(2)If the regulator decides to impose conditions on the registration, the regulator must give the person in whose name the vehicle is registered under this Part written notice of the decision.

(3)A notice under subsection (2) must inform the person that they have a right to seek review of the decision under Part 12.

(4)A registration is also subject to any prescribed condition.

44Registration as a commercial passenger vehicle lasts until cancelled or surrendered

Registration as a commercial passenger vehicle remains in effect until it is cancelled or surrendered.

45Annual registration fees

(1)A person in whose name a motor vehicle is registered under this Part must pay to the regulator the appropriate annual registration fee by the date specified by written notice given to the person by the regulator.

Note

For the annual registration fee, see section 282.

(2)The date specified in a notice under subsection (1) must not be less than 10 business days after the date the notice is given to the person.

(3)The regulator may suspend or cancel the registration of a motor vehicle under this Part if the person in whose name the motor vehicle is registered fails to pay a registration fee by the date specified by the regulator.

46Regulator may vary or revoke conditions or impose new conditions

(1)The regulator may at any time (on the regulator's own initiative or on the written application of the person in whose name a motor vehicle is registered under this Part)—

(a)vary or revoke a condition imposed by the regulator on a registration; or

(b)impose a new condition on a registration.

(2)Before taking action under subsection (1), the regulator must—

(a)give the person written notice of the action that the regulator proposes to take and of the reasons for taking it; and

(b)allow the person to make written representations about the proposed action within 10 business days after being notified of it (or any other period that the regulator and the person agree).

(3)Subsection (2) does not apply if the regulator considers it necessary to take immediate action in the interests of public safety.

(4)The regulator must give the person written notice of the action taken under subsection (1) as soon as practicable after taking the action.

(5)A notice under subsection (4) must—

(a)include a statement of reasons for the action taken; and

(b)inform the person that they have a right to seek review of the regulator's decision to take the action under Part 12.

47Offence to fail to comply with conditions of registration

A person in whose name a motor vehicle is registered under this Part must comply with—

(a)any condition imposed on the registration of that vehicle; and

(b)any prescribed condition to which that registration is subject.

Penalty:In the case of an individual, 120 penalty units;

In the case of a body corporate, 600 penalty units.

48Cancellation of registration

(1)The regulator, by written notice given to the person in whose name a motor vehicle is registered under this Part, may cancel the registration of that vehicle—

(a)if the regulator believes, on reasonable grounds, that the vehicle is no longer being used to provide commercial passenger vehicle services; or

(b)for any prescribed reason.

(2)A notice under subsection (1) must include a statement of reasons for the cancellation.

(3)A cancellation of registration has effect from the date specified for the purpose by the regulator in the notice of cancellation.

Note

Registration of a motor vehicle may also be cancelled under Part 9.

49Surrender of registration

(1)The person in whose name a commercial passenger vehicle is registered under this Part may apply in writing to the regulator for consent to surrender the registration of that vehicle.

(2)Subject to subsection (3), on receiving an application under subsection (1), the regulator must consent to the surrender.

(3)The regulator may impose any condition on the grant of the consent that the regulator considers necessary to protect the interests of a third party.

(3A)If the regulator imposes a condition under subsection (3), the regulator must inform the person that they have a right to seek review of the regulator's decision under Part 12.

(4)A person commits an offence if—

(a)the regulator imposes a condition on a consent to surrender the registration of a commercial passenger vehicle; and

(b)the condition applies to the person; and

(c)the person does not comply with the condition.

(5)A person who commits an offence against subsection (3) is liable to a penalty not exceeding 20 penalty units.

Division 4—Miscellaneous

50False representation in relation to registration

A person must not falsely represent that a motor vehicle is registered under this Part.

Penalty:In the case of an individual, 30 penalty units;

In the case of a body corporate, 150 penalty units.

51Indication that a vehicle is a commercial passenger vehicle

(1)A person commits an offence if the person drives a commercial passenger vehicle for the purpose of providing a commercial passenger vehicle service and—

(a)there is not prominently displayed on the vehicle, and clearly visible to persons approaching it, any thing that the regulations require to be so displayed to visually indicate that the vehicle is being used to provide a commercial passenger vehicle service; or

(b)a thing that the regulations require to be installed and operating in or on the vehicle to indicate that the vehicle is being used to provide a commercial passenger vehicle service is not installed and operating in accordance with the regulations.

(2)A person who commits an offence against subsection (1) is liable to a penalty not exceeding 60 penalty units.

PART 4—REGISTRATION OF BOOKING SERVICE PROVIDERS

Division 1—Preliminary

52Purpose of registration

The purpose of registration under this Part is to—

(a)provide a method of establishing the identity of—

(i)the providers of booking services; and

(ii)the persons responsible for managing activities relating to the provision by those providers of those services; and

(b)enable booking service providers to be regulated for reasons of public safety; and

(c)ensure that booking service providers meet prescribed safety standards.

Division 2—Booking service offences

53Offence if provider of booking service is not registered

A person must not provide a booking service unless the person—

(a)is registered under this Part to provide that service; or

(b)is exempted under the regulations from the requirement to be registered under this Part to provide that service.

Penalty:In the case of an individual, 240 penalty units;

In the case of a body corporate, 1200 penalty units.

Note

Section 284 (criminal liability of officers of bodies corporate—failure to exercise due diligence) applies to an offence against this section.

54Offence to advertise booking services unless registered

A person must not advertise or in any way hold themselves out as able or willing to provide a booking service unless the person—

(a)is registered under this Part to provide that service; or

(b)is exempted under the regulations from the requirement to be registered under this Part to provide that service.

Penalty:In the case of an individual, 240 penalty units;

In the case of a body corporate, 1200 penalty units.

55Offence to accept request from unregistered booking service provider

(1)A person commits an offence if—

(a)the person accepts a request from a booking service provider for a person to be provided with a commercial passenger vehicle service; and

(b)the person knows, or ought reasonably to know, that the provider—

(i)is not registered under this Part; and

(ii)is not exempted under the regulations from the requirement to be registered under this Part.

(2)A person who commits an offence against subsection (1) is liable to—

(a)for a person who is a booking service provider, a penalty not exceeding 240 penalty units for an individual or 1200 penalty units for a body corporate; and

(b)for a person who is an accredited driver, a penalty not exceeding 60 penalty units; and

(c)in any other case, a penalty not exceeding 50 penalty units.

56False representation in relation to registration

A person must not falsely represent that the person—

(a)is registered under this Part; or

(b)is exempted under the regulations from the requirement to be registered under this Part.

Penalty:In the case of an individual, 30 penalty units;

In the case of a body corporate, 150 penalty units.

Note

Section 284 (criminal liability of officers of bodies corporate—failure to exercise due diligence) applies to an offence against this section.

Division 3—Booking service provider registration

57Application for registration

(1)A person may apply to the regulator for registration under this Part as a booking service provider.

(2)An application must—

(a)be made in the manner and form determined by the regulator; and

(b)be accompanied by—

(i)the fee (if any) for the application determined by the regulator under section 282; and

(ii)evidence, as required by the regulations, that each relevant person in relation to the applicant satisfies the requirements for registration; and

(iii)any other thing that is required by the regulations; and

(c)in the case of an application by a person that is not an individual, nominate a relevant person as the responsible person in relation to the applicant.

(3)The regulator may require any one or more of the following in relation to an application—

(a)the applicant do a thing specified by the regulator that the regulator reasonably requires in order to assess the application;

(b)verification, by a statutory declaration, of any statement made or information given for the purposes of the application;

(c)the applicant give further information for the purposes of the application.

(4)Any further information given by the applicant under subsection (3)(c) must be—

(a)if the regulations so provide, signed in accordance with the regulations; and

(b)declared by each signatory to be true and correct.

(5)In the case of an application by a person that

is not an individual, the regulator is entitled to communicate with the relevant person nominated by the applicant under subsection (2)(c).

58Decision on application for registration

(1)The regulator must register an applicant under this Part if satisfied that—

(a)the applicant is a fit and proper person to be registered; and

(b)all requirements in relation to the application and applicant under this Part have been complied with.

(2)The regulator must refuse to register an applicant under this Part if the regulator is not satisfied about the matters set out in subsection (1)(a) and (b).

59Notification and reasons to be given if application refused

(1)If the regulator decides to refuse to register an applicant, the regulator must give the applicant written notice of the decision as soon as practicable after making the decision.

(2)A notice under subsection (2) must—

(a)include a statement of reasons for the decision; and

(b)inform the applicant that they have a right to seek review of the regulator's decision under Part 12.

60Conditions on registration

(1)In registering an applicant, the regulator may impose any conditions on the registration that the regulator considers appropriate.

(2)If the regulator decides to impose conditions on the registration, the regulator must give the registered booking service provider written notice of the decision.

(3)A notice under subsection (2) must inform the registered booking service provider that they have a right to seek review of the decision under Part 12.

Division 9—Review of decisions

39Right to review continues

(1)This section applies if a person had a right, immediately before the commencement day, to make an application to the TSC or to VCAT under section 135K, 136A, 143C, 146C, 157, 169MA, 169O, 169ZI or 228RZF of the old Act but the person had not done so before that day.

(2)The person may make that application on or after that day and within the period allowed under the old Act for the making of that application.

40Regulator must determine old review application

(1)This clause applies to an application for a review under section 135K or 169MA of the old Act if the application—

(a)was made under the old Act or in accordance with clause 39; and

(b)was not determined by the TSC before the commencement day.

(2)On and after the commencement day, Part VI of the old Act continues to apply in relation to the application.

41Effect of regulator's decision to set aside cancellation on review

(1)If the regulator decides, in accordance with clause 40, to set aside a decision to cancel an old BSP accreditation, the old BSP accreditation is taken to be a booking service provider registration on and after that decision.

(2)If the regulator decides, in accordance with clause 40, to set aside a decision to cancel an old driver accreditation, the old driver accreditation is taken to be a new driver accreditation on and after that decision.

42VCAT must determine old review application

(1)This clause applies to an application for a review under section 136A, 143C, 146C, 157, 169O, 169ZI or 228RZF of the old Act if the application—

(a)was made under the old Act or in accordance with clause 39; and

(b)was not determined by VCAT before the commencement day.

(2)On and after the commencement day, Parts VI and VII of the old Act continue to apply in relation to the application.

43Effect of VCAT's decision to set aside cancellation on review

(1)If VCAT decides, in accordance with clause 42, to set aside a decision to cancel an old BSP accreditation, the old BSP accreditation is taken to be a booking service provider registration on and after that decision.

(2)If VCAT decides, in accordance with clause 42, to set aside a decision to cancel an old driver accreditation, the old driver accreditation is taken to be a new driver accreditation on and after that decision.

(3)This clause applies despite section 51(3) of the Victorian Civil and Administrative Tribunal Act 1998.

44Effect of other decisions made on review

(1)This clause applies to a decision affirmed or varied, or substituted for another decision—

(a)by the regulator—

(i)in accordance with clause 40; or

(ii)on being invited by VCAT to reconsider a decision under

section 51A of the Victorian Civil and Administrative Tribunal Act 1998 and in accordance with clause 42; or

(b)by VCAT in accordance with clause 42.

(2)If the decision is of a kind referred to in column 1 of a row in the following table, it is taken to be the decision referred to in column 2 of that row.

Table

Column 1

Old decision

Column 2

New decision

A decision to refuse to issue an old BSP accreditation

A decision under section 58(2) to refuse to register a person as a provider of a booking service

A decision under section 132H to disqualify a person from applying for an old BSP accreditation

A decision under section 218(1) to disqualify the person from applying for a booking service provider registration

A decision under section 133 of the old Act to impose a condition, restriction or other limitation on an old BSP accreditation

A decision under section 60 to impose that condition, restriction or other limitation as a condition on the corresponding new registration

A decision under section 133A of the old Act to vary, revoke or impose a condition, restriction or other limitation on an old BSP accreditation

A decision under section 63 to make that change to the corresponding new registration

A decision under section 135B(4) of the old Act to take an action listed in section 135A of that Act in relation to an old BSP accreditation (other than a direction that a person undertake particular training)

A decision under section 218(1) in relation to the corresponding new registration

A decision under section 135C of the old Act to suspend an old BSP accreditation

A decision under section 220 to suspend the corresponding new registration

A decision under section 135F of the old Act to serve an improvement notice on the holder of an old BSP accreditation

A decision under section 171(2) to serve an improvement notice on the holder of the corresponding new registration

A decision to refuse to grant an application for an old CPV licence (other than an application in respect of a vehicle which is to operate as a public commercial passenger vehicle)

A decision under section 42 to refuse to register the motor vehicle that was the subject of that application

A decision under section 143A(11) of the old Act to suspend an old CPV licence

A decision under section 45(2) to suspend the corresponding new registration

A decision under section 143A(11) of the old Act to cancel an old CPV licence

A decision under section 45(2) to cancel the corresponding new registration

A decision under section 146(1) to cancel an old CPV licence

A decision under section 48(1) to cancel the corresponding new registration

A decision under section 146(1) of the old Act to alter the conditions attached to an old CPV licence

A decision under section 46 to make that alteration to the conditions attached to the corresponding new registration

A decision under section 147A(3) of the old Act to suspend an old CPV licence

A decision under section 218(1) to suspend the corresponding new registration

A decision under section 147A(3) of the old Act to cancel an old CPV licence

A decision under section 218(1) to cancel the corresponding new registration

A decision under section 157(1) of the old Act to suspend an old CPV licence

A decision under section 218(1) to suspend the corresponding new registration

A decision under section 157(1) of the old Act to revoke an old CPV licence

A decision under section 218(1) to cancel the corresponding new registration

A decision to refuse to issue an old driver accreditation

A decision under section 75 to refuse to issue a new driver accreditation

A decision to refuse to renew an old driver accreditation

A decision under section 75 to refuse to issue a new driver accreditation

A decision under section 169A(1)(a) of the old Act to impose a condition on an old driver accreditation on issuing the accreditation

A decision under section 77(1) to impose that condition on the corresponding new accreditation

A decision under section 169A(1)(b) of the old Act to impose a condition on an old driver accreditation at any time during the course of an accreditation

A decision under section 81(1) to impose that condition on the corresponding new accreditation

A determination under section 169C(1) of the old Act to disqualify a person from applying for the issue of an old driver accreditation

A determination under section 85 that the person is disqualified from applying for the issue of a new driver accreditation

A decision under section 169EB of the old Act not to reinstate an old driver accreditation of a person suspended

A decision under section 226 not to reinstate the corresponding new driver accreditation

A decision under section 169I(1) of the old Act to take an action listed in that provision in relation to an old driver accreditation

A decision under section 218(1) to take that action in relation to the corresponding new accreditation

A decision under section 228RX of the old Act to forfeit a seized thing

A decision under section 159 to forfeit that thing

(3)The decision is taken to have been made on the commencement day.

(4)In relation to a decision affirmed, varied or substituted by VCAT in accordance with clause 42, subclause (3) applies despite section 51(3) of the Victorian Civil and Administrative Tribunal Act 1998.

45Decision of VCAT to remit matter

(1)This clause applies if VCAT determines an application, in accordance with clause 42, by setting aside the decision under review and remitting the matter for re-consideration.

Note

See section 51(2)(d) of the Victorian Civil and Administrative Tribunal Act 1998.

(2)Despite the decision having been made by the TSC, the matter is remitted to the regulator.

(3)For the purposes of subclause (2), to the extent that the matter relates to a decision is of a kind referred to in column 1 of a row in the table in clause 44(2), the matter is taken to relate to the decision referred to in column 2 of that row.

Division 10—Register of taxi permission holders

46Application to restrict public access

(1)This clause applies to an application under section 169ZF(1) of the old Act in relation to public access to information on the register under section 169ZA of that Act if that application had not been determined before the commencement day.

(2)On the commencement day, the application is taken to be an application under section 232 in relation to public access to that information on the register of permission holders.

47Determination to restrict public access

(1)This clause applies to a determination, under section 169ZD(3) or 169ZG of the old Act, that public access to certain information is to be restricted if that determination is in force immediately before the commencement day.

(2)On and after the commencement day, the determination is taken to be a determination under the corresponding provision of this Act.

(3)In this clause—

corresponding provision means—

(a)in relation to a determination made under section 169ZD(3) of the old Act, section 230(3); and

(b)in relation to a determination made under 169ZG of the old Act, section 233.

Division 11—Miscellaneous

47APrice determination

(1)This clause applies to the determination that was—

(a)made under Division 5A of Part VI of the old Act; and

(b)in force immediately before the commencement day.

(2)On the commencement day, the determination as modified by subclause (3) is taken to be a determination under Division 1A of Part 6.

(3)For the purposes of subclause (2), the determination is modified as follows—

(a)a determination of a price that is expressed to relate to Urban and Large Regional Zone taxi licences is taken to be a determination of a price for an applicable unbooked service in respect of a journey that begins in the Urban and Large Regional Zone;

(b)a determination of a price that is expressed to relate to metropolitan zone taxi licences is taken to be a determination of a price for an applicable unbooked service in respect of a journey that begins in the Melbourne Metropolitan Zone.

(4)Nothing in this clause affects the ESC's obligation, under section 110F(1), to make a determination under Division 1A of Part 6 in the time specified in that section.

(5)In this clause—

applicable unbooked service has the meaning given by section 110A;

Melbourne Metropolitan Zone has the meaning given by section 110A;

Urban and Large Regional Zone has the meaning given by section 110A.

48Authorisation to download or print image or data from security camera

(1)This clause applies to a written authorisation that was—

(a)given under section 158B(1)(b)(i) of the old Act; and

(b)in force immediately before the commencement day.

(2)On the commencement day, the authorisation is taken to be an authorisation under section 270(1)(b)(i).

49Authorisation to do other things with image or data from security camera

(1)This clause applies to a written authorisation that was—

(a)given under section 158B(2)(c) of the old Act; and

(b)in force immediately before the commencement day.

(2)On the commencement day, the authorisation is taken to be an authorisation under section 270(2).

50Agreement in relation to images obtained from security camera

(1)This clause applies to an agreement that was—

(a)made under section 158C(1) of the old Act; and

(b)in force immediately before the commencement day.

(2)On the commencement day, the agreement is taken to be an agreement under section 271(1).

51Determination of ESC

On the commencement day, a determination under section 162I of the old Act that is in force immediately before that day is taken to be a determination made by the ESC under section 124(1).

52VCAT must determine old application

(1)This clause applies to an application under section 169N(1) of the old Act if the application was not determined before the commencement day.

(2)Subject to this clause, Part VI of the old Act continues to apply to the application on and after the commencement day.

(3)If, on the application, VCAT makes an order directing the TSC to issue or renew an old driver accreditation, that order is taken to be an order directing the regulator to issue a new driver accreditation.

(4)If, on the application, VCAT makes an order directing the TSC to reinstate an old driver accreditation, that order is taken to be an order directing the regulator to reinstate the corresponding new accreditation.

(5)If, on the application, VCAT makes an order directing the TSC to make a determination cancelling the disqualification of the applicant, that order is taken to be an order cancelling the disqualification from applying for a new driver accreditation.

53Inquiries by TSC

(1)This clause applies to an inquiry under section 170 of the old Act if the TSC had not reported on the outcomes of the inquiry under section 171 of that Act before the commencement day.

(2)Despite the amendments made to Part VI of the old Act by the amending Act, that Part continues to apply in relation to that inquiry.

54Complaints

(1)This clause applies to a complaint—

(a)that was made under section 191YB of the old Act; and

(b)for which the Secretary did not complete an investigation under that section (including by providing a written report).

(2)On the commencement day, the complaint is taken to be a complaint under section 265.

55Information sharing arrangement

(1)This clause applies to an arrangement under section 191YD of the old Act that was in force immediately before the commencement day.

(2)On the commencement day, the arrangement is taken to be an arrangement under section 266.

Division 12—Regulations

*                *                *                *                *

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ENDNOTES

1 General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 23 February 2017

Legislative Council: 9 March 2017

The long title for the Bill for this Act was "A Bill for an Act to impose a levy on the provision of commercial passenger vehicle services, to amend the Transport (Compliance and Miscellaneous) Act 1983, the Transport Integration Act 2010, the Bus Safety Act 2009, the Road Safety Act 1986 and the Taxation Administration Act 1997 and for other purposes."

The Commercial Passenger Vehicle Industry Act 2017 was assented to on 22 August 2017 and came into operation as follows:

Sections 1‒8, 53‒74, 80 on 23 August 2017: section 2(1); Part 3 Division 1 (sections 21–34) on 9 October 2017: Special Gazette (No. 331) 3 October 2017 page 1; Part 3 Division 2 (sections 35–50) on 2 November 2017: Special Gazette (No. 351) 17 October 2017 page 1; sections 9–20, 51, 52, 75–79 on 1 July 2018: section 2(3) (as amended by No. 63/2017 section 6(1)).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates made to the Commercial Passenger Vehicle Industry Act 2017 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Commercial Passenger Vehicle Industry Act 2017, No. 35/2017

Assent Date:	22.8.17
Commencement Date:	S. 290(Sch. 3 cl. 56(6)) inserted on 2.7.18 by No. 63/2017: Special Gazette (No. 248) 29.5.18 p. 1
Note:	S. 290(Sch. 3 cl. 56(6)) provided that Sch. 3 cl. 56 expired on 7.7.20
Current State:	This information relates only to the provision/s amending the Commercial Passenger Vehicle Industry Act 2017

Commercial Passenger Vehicle Industry Amendment (Further Reforms) Act 2017, No. 63/2017

Assent Date:	19.12.17
Commencement Date:	S. 6(1) on 2.6.18: Special Gazette (No. 248) 29.5.18 p. 1; ss 4, 5, 6(2)–20 on 2.7.18: Special Gazette (No. 248) 29.5.18 p. 1
Current State:	This information relates only to the provision/s amending the Commercial Passenger Vehicle Industry Act 2017

Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019, No. 7/2019

Assent Date:	26.3.19
Commencement Date:	Ss 42, 43 on 27.3.19: s. 2(1)
Current State:	This information relates only to the provision/s amending the Commercial Passenger Vehicle Industry Act 2017

Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019, No. 41/2019

Assent Date:	6.11.19
Commencement Date:	S. 117(Sch. 1 item 1) on 2.12.19: Special Gazette (No. 480) 26.11.19 p. 1
Current State:	This information relates only to the provision/s amending the Commercial Passenger Vehicle Industry Act 2017

Justice Legislation Amendment (Serious Offenders and Other Matters) Act 2019, No. 45/2019

Assent Date:	19.11.19
Commencement Date:	S. 48 on 20.11.19: s. 2(1)
Current State:	This information relates only to the provision/s amending the Commercial Passenger Vehicle Industry Act 2017

Transport Legislation Amendment Act 2019, No. 49/2019

Assent Date:	3.12.19
Commencement Date:	S. 195A on 4.12.19: s. 2(1); s. 186(Sch. 4 item 8) on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1
CurrentState:	This information relates only to the provision/s amending the Commercial Passenger Vehicle Industry Act 2017

Worker Screening Act 2020, No. 34/2020

Assent Date:	4.11.20
Commencement Date:	Ss 182, 183 on 1.2.21: Special Gazette (No. 647) 8.12.20 p. 1
Current State:	This information relates only to the provision/s amending the Commercial Passenger Vehicle Industry Act 2017

Non-Emergency Patient Transport Amendment Act 2021, No. 29/2021

Assent Date:	10.8.21
Commencement Date:	S. 35 on 30.9.21: s. 2(2)
Current State:	This information relates only to the provision/s amending the Commercial Passenger Vehicle Industry Act 2017

Transport Legislation Miscellaneous Amendments Act 2021, No. 30/2021

Assent Date:	10.8.21
Commencement Date:	S. 22A on 11.8.21: s. 2(1); ss 15–22, 23–28 on 1.3.22: s. 2(3)
Current State:	This information relates only to the provision/s amending the Commercial Passenger Vehicle Industry Act 2017

Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021, No. 41/2021

Assent Date:	19.10.21
Commencement Date:	Ss 121, 122 on 1.12.21: Special Gazette (No. 673) 30.11.21 p. 1
Current State:	This information relates only to the provision/s amending the Commercial Passenger Vehicle Industry Act 2017

Transport Legislation Amendment Act 2023, No. 34/2023

Assent Date:	21.11.23
Commencement Date:	Ss 21−26, 31, 127(Sch. 1 item 3) on 22.11.23: s. 2(1); ss 13−20, 27−30 on 1.10.24: Special Gazette (No. 508) 24.9.24 p. 1
CurrentState:	This information relates only to the provision/s amending the Commercial Passenger Vehicle Industry Act 2017

Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025, No. 25/2025

Assent Date:	5.8.25
Commencement Date:	S. 106(Sch. 1 item 8) on 6.8.25: s. 2(1)
Current State:	This information relates only to the provision/s amending the Commercial Passenger Vehicle Industry Act 2017

Corrections Legislation Amendment Act 2025, No. 28/2025

Assent Date:	19.8.25
Commencement Date:	S. 55 on 20.8.25: s. 2(1); ss 41, 42 on 11.9.25: Special Gazette (No. 488) 9.9.25 p. 1
Current State:	This information relates only to the provision/s amending the Commercial Passenger Vehicle Industry Act 2017

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3   Explanatory details

No entries at date of publication.