Country Taxi-cars (Fare and Charges) Amendment Regulations 2015 (WA)

690 GOVERNMENT GAZETTE, WA 20 February 2015

TRANSPORT

T N301*

Transport Co-ordination Act 1966

Country Taxi-cars (Fares and Charges)

Amendment Regulations 2015

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Country Taxi-cars (Fares and
Charges) Amendment Regulations 2015.

2.            Commencement

These regulations come into operation as follows —

(a)	regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations — on 24 February 2015.

3.            Regulations amended

These regulations amend the Country Taxi-cars (Fares and
Charges) Regulations 1991.

4.            Regulation 2A amended

(1) In regulation 2A(1) insert in alphabetical order:

non-cash payment means the payment, other than by
means of cash, of any amount payable in respect of the

terminal being made available.

hiring of a taxi-car;
payment terminal means a device or system used to
facilitate a non-cash payment and provided in
accordance with regulation 3A;
surcharge does not include a fee or charge that is

imposed on a non-cash payment by —

(a)	a participant in a designated payment system within the meaning of the Payment Systems (Regulation) Act 1998 (Commonwealth); or
(b)	a person consistently within a voluntary undertaking given by the person to, and accepted by, the Reserve Bank of Australia,

but includes any GST consequent on the payment

20 February 2015 GOVERNMENT GAZETTE, WA 691

(2) In regulation 2A( 1) in the definition of region delete

"Schedule I." and insert:
Schedule 1;

5.            Regulations 3A and 3B inserted

After regulation 3 insert:

3A.	Providing a payment terminal
Where a payment terminal is available for use in a taxi-car -

(a)	if the licence holder was involved in requesting or enabling the use of that type of payment terminal, then the licence holder provides the terminal for the purposes of regulation 313(2);
(b)	if the owner or another operator was involved in requesting or enabling the use of that type of payment terminal, then the owner or another operator provides the terminal for the purposes of regulation 313(2);
(c)	in any other case, the driver provides the terminal for the purposes of regulation 313(2).

3B.	Surcharge for non-cash payment
(1)	If a surcharge is added because a fare is being paid using a non-cash payment, that surcharge is to be no more than 5% of all amounts to be paid by the hirer that relate to the hiring (except the surcharge itself).
(2)	A person who provides a payment terminal that results

commits an offence.

in the imposition of a surcharge of more than 5%

Penalty: a fine of $200.

(3) Where more than one payment terminal is available for
a taxi-car, the driver must use the terminal that results
in the lowest surcharge, if any, being imposed when a
non-cash payment is made.
Penalty: a fine of $200.

692 GOVERNMENT GAZETTE, WA 20 February 2015

6. Schedule 2 amended
In Schedule 2 in the Table after item 3 insert:

4A	r. 3B(2)	Imposing excessive
surcharge 50
4B	r. 3B(3)	Not using correct payment
terminal 50

R. KENNEDY, Clerk of the Executive Council.