Commercial Passenger Vehicles (Cancelled Licences) Regulations (NT)

NORTHERN TERRITORY OF AUSTRALIA

commercial passenger vehicles (cancelled licences) REGULATIONS

As in force at 1 January 1999

Table of provisions [if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \o &#34;1-9&#34; <span style='mso-element: field-separator'></span><![endif] — Preliminary1 — Citation2 — Commencement3 — DefinitionsPart 2 — Determination of amount of compensation4 — Matters that Minister must have regard to in determining compensation5 — Taxis in Tennant Creek taxi area6 — Taxis in Gove taxi area7 — Multiple purpose taxis in Alice Springs taxi area8 — Taxis generallyPart 3 — Expiry of Regulations9 — Expiry of RegulationsENDNOTES northern territory of australia

northern territory of australia

This reprint shows the Regulations as in force at 1 January 1999.  Any amendments that commence after that date are not included.

commercial passenger vehicles (cancelled licences) REGULATIONS

Regulations under the Commercial Passenger (Road) Transport Act

Part 1Preliminary 1Citation

These Regulations may be cited as the Commercial Passenger Vehicles (Cancelled Licences) Regulations.

2Commencement

These Regulations come into operation on the date the Commercial Passenger (Road) Transport Amendment Act 1998 commences.

3Definitions

In these Regulations, unless the contrary intention appears:

cancelled taxi licence means a taxi licence cancelled under clause 3 of the Schedule to the Commercial Passenger (Road) Transport Amendment Act 1998.

multiple purpose taxi means a taxi fitted to carry a passenger seated in a wheelchair and in respect of which the licence contains a condition that priority is to be given to carrying passengers in wheelchairs.

repealed Part 4 has the same meaning as in the Schedule to the Commercial Passenger (Road) Transport Amendment Act 1998.

transfer means the transfer of a taxi licence under repealed Part 4.

Part 2Determination of amount of compensation 4Matters that Minister must have regard to in determining compensation

The matters that the Minister must have regard to in determining the amount of compensation to be paid under clause 5(2)(a) of the Schedule to the Commercial Passenger (Road) Transport Amendment Act 1998 are those matters specified in this Part.

5Taxis in Tennant Creek taxi area

The amount of compensation to be paid for a cancelled taxi licence in respect of a taxi that was operated in the Tennant Creek taxi area is the amount last paid for the transfer of a taxi licence in the Tennant Creek taxi area escalated by the average percentage increase of taxi licences in the Darwin and Alice Springs taxi areas since the date of the transfer until 28 February 1998.

6Taxis in Gove taxi area

The amount of compensation to be paid for a cancelled taxi licence in respect of a taxi that was operated in the Gove taxi area is the amount last paid at tender for a taxi licence in the Gove taxi area escalated by the average percentage increase of taxi licences in the Darwin and Alice Springs taxi areas since the date of the tender until 28 February 1998.

7Multiple purpose taxis in Alice Springs taxi area

The amount of compensation to be paid for a cancelled taxi licence in respect of a multiple purpose taxi that was operated in the Alice Springs taxi area is the amount last paid for the transfer of a taxi licence in respect of a multiple purpose taxi operated in the Alice Springs taxi area, adjusted to reflect changes in the Consumer Price Index for the period since the date of the transfer until 28 February 1998.

8Taxis generally

• (1)

  The amount of compensation to be paid for a cancelled taxi licence (other than a cancelled taxi licence referred to in regulations 5, 6 and 7) is:

  • (a)

    the amount that was paid at the last tender for the purchase of a taxi licence in respect of the same class of taxi to which the cancelled taxi licence relates, operated in the same taxi area as the taxi to which the cancelled taxi licence relates, adjusted to reflect changes in the Consumer Price Index during the period since the date of the tender until 28 February 1998; and

  • (b)

    if subregulation (2) applies – the additional amount determined in accordance with subregulation (3).

(2)        If:

• (a)

  the holder of a cancelled taxi licence purchased the licence as a transferee under section 26 of repealed Part 4;

• (b)

  the amount of compensation determined under subregulation (1)(a) is less than the amount declared to be the purchase price under section 26(10)(b) of repealed Part 4; and

• (c)

  the holder has applied for a taxi licence,

the holder is to be paid an additional amount of compensation by way of a remission of fees otherwise payable under the Act determined in accordance with subregulation (3).

• (3)

  The additional amount is the difference between:

  • (d)

    the amount of compensation referred to in subregulation (1)(a); and

  • (e)

    the amount declared under section 26(10)(b) of repealed Part 4 to be the purchase price of the cancelled taxi licence plus an amount equal to the fee paid on lodging the application for the transfer of the licence.

  Part 3Expiry of Regulations    

9Expiry of Regulations

These Regulations expire on 1 March 2001.

  ENDNOTES

• 1

  KEY

Key to abbreviations

 

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

• 2

  LIST OF LEGISLATION

Commercial Passenger Vehicles (Cancelled Licences) Regulations (SL No. 62, 1998)
Notified	23 November 1998
Commenced	1 January 1999