On-Demand Passenger Transport Services Industry (Miscellaneous Amendments) Act 2020 (TAS)

On-Demand Passenger Transport Services Industry (Miscellaneous Amendments) Act 2020

An Act to amend the Economic Regulator Act 2009 , the Passenger Transport Services Act 2011 and the Taxi and Hire Vehicle Industries Act 2008

[Royal Assent 17 November 2020]

Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1Preliminary1Short titleThis Act may be cited as the On-Demand Passenger Transport Services Industry (Miscellaneous Amendments) Act 2020. 2CommencementThe provisions of this Act commence on a day or days to be proclaimed. PART 2Economic Regulator Act 2009 Amended3The amendments effected by this Part have been incorporated into the authorised version of the Economic Regulator Act 2009. 4The amendments effected by this Part have been incorporated into the authorised version of the Economic Regulator Act 2009. PART 3Passenger Transport Services Act 2011 Amended5Principal ActIn this Part, the Passenger Transport Services Act 2011 is referred to as the Principal Act. 6The amendments effected by this section have been incorporated into the authorised version of the Passenger Transport Services Act 2011. 7The amendment effected by this section has been incorporated into the authorised version of the Passenger Transport Services Act 2011. 8The amendments effected by this section have been incorporated into the authorised version of the Passenger Transport Services Act 2011. 9The amendments effected by this section have been incorporated into the authorised version of the Passenger Transport Services Act 2011. 10The amendments effected by this section have been incorporated into the authorised version of the Passenger Transport Services Act 2011. 11The amendment effected by this section has been incorporated into the authorised version of the Passenger Transport Services Act 2011.

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12Section 24 substituted Section 24 of the Principal Act is repealed and the following sections are substituted: 24Continuity fees (1)  An accredited operator must, by the day specified by the Commission, in a notice to the accredited operator, as the day by which the fees are to be paid, pay the prescribed continuity fees, if any. (2)  If an accredited operator fails to pay under subsection (1) a continuity fee by the day specified, in the notice under that subsection to the accredited operator, as the day by which the fee is to be paid – (a) the Commission, by notice to the accredited operator, may demand that the accredited operator pay the continuity fee by a day specified in the notice under this paragraph; and (b) the accreditation of the accredited operator – (i) is suspended at the end of the day specified in the notice under paragraph (a) if, at that time, the continuity fee remains unpaid; and (ii) remains so suspended until the continuity fee is paid by the accredited operator. 24AAnnual fees (1)  An accredited operator who is accredited in respect of an on-demand passenger transport service must, by the day specified by the Commission in a notice to the accredited operator as the day by which the annual fee is to be paid, pay the prescribed annual fee, if any, in respect of each small passenger vehicle used to provide the on-demand passenger transport service. (2)  If an accredited operator fails to pay under subsection (1) an annual fee by the day specified, in a notice to the accredited operator under that subsection, as the day by which the fee is to be paid – (a) the Commission, by notice to the accredited operator, may demand that the accredited operator pay the annual fee by a day specified in the notice under this paragraph; and (b) the accreditation of the accredited operator – (i) is suspended at the end of the day specified in the notice under paragraph (a) if, at that time, the annual fee remains unpaid; and (ii) remains so suspended until the annual fee is paid by the accredited operator. (3)  Regulations that prescribe the annual fee payable may specify the manner in which the number of small passenger vehicles to which the annual fee is to relate is to be determined. (4)  Despite subsection (1), an accredited operator who is an affiliated operator in relation to a booking service provider is not required to pay an annual fee under that subsection. (5)  If the accreditation of a booking service provider is suspended or cancelled and the booking service provider has not paid the annual fee by the day specified, in a notice under this section, as the day on which the annual fee is due to be paid by the provider – (a) the Commission, by notice, may demand that a person who is an affiliated operator in relation to the booking service provider pay, by the day specified in the notice under this paragraph, the annual fee that would, but for subsection (4), be payable by the person under subsection (1) in respect of each small passenger vehicle used by the person to provide an on-demand passenger transport service; and (b) the accreditation of the person who is an affiliated operator – (i) is suspended at the end of the day specified in the notice under paragraph (a) if, at that time, the annual fee remains unpaid; and (ii) the accreditation remains so suspended until the annual fee is paid by the affiliated operator. (6)  If – (a) an accredited operator who is an affiliated operator in relation to a booking service provider pays an annual fee in accordance with subsection (5); and (b) the booking service provider pays the annual fee that the provider is required to pay under subsection (2)  – the Commission may refund to the affiliated operator so much of the annual fee paid by the affiliated operator as has been paid by the booking service provider.

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13The amendments effected by this section have been incorporated into the authorised version of the Passenger Transport Services Act 2011. 14The amendments effected by this section have been incorporated into the authorised version of the Passenger Transport Services Act 2011. 15The amendment effected by this section has been incorporated into the authorised version of the Passenger Transport Services Act 2011. 16The amendment effected by this section has been incorporated into the authorised version of the Passenger Transport Services Act 2011. 17The amendment effected by this section has been incorporated into the authorised version of the Passenger Transport Services Act 2011. 18The amendments effected by this section have been incorporated into the authorised version of the Passenger Transport Services Act 2011. 19The amendments effected by this section have been incorporated into the authorised version of the Passenger Transport Services Act 2011.

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20Section 60AA insertedBefore section 60 of the Principal Act, the following section is inserted in Part 5: 60AAAdministration fund (1)  A fund is to be established consisting of the annual fees payable under this Act. (2)  The fund is to be applied for the general administration of this Act. (3)  The fund is to be established as an account in the Public Account.

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21The amendment effected by this section has been incorporated into the authorised version of the Passenger Transport Services Act 2011. 22The amendment effected by this section has been incorporated into the authorised version of the Passenger Transport Services Act 2011. 23The amendment effected by this section has been incorporated into the authorised version of the Passenger Transport Services Act 2011. 24The amendment effected by this section has been incorporated into the authorised version of the Passenger Transport Services Act 2011. 25The amendment effected by this section has been incorporated into the authorised version of the Passenger Transport Services Act 2011. PART 4Taxi and Hire Vehicle Industries Act 2008 Amended26Principal ActIn this Part, the Taxi and Hire Vehicle Industries Act 2008 is referred to as the Principal Act. 27The amendments effected by this section have been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008.

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28Section 8 repealed Section 8 of the Principal Act is repealed.

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29The amendment effected by this section has been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008. 30The amendment effected by this section has been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008. 31The amendment effected by this section has been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008. 32The amendment effected by this section has been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008. 33The amendment effected by this section has been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008. 34The amendments effected by this section have been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008. 35The amendment effected by this section has been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008. 36The amendment effected by this section has been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008. 37The amendments effected by this section have been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008. 38The amendment effected by this section has been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008. 39The amendments effected by this section have been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008. 40The amendments effected by this section have been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008. 41The amendment effected by this section has been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008. 42The amendments effected by this section have been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008. 43The amendment effected by this section has been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008. 44The amendment effected by this section has been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008. 45The amendment effected by this section has been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008. 46The amendment effected by this section has been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008. 47The amendments effected by this section have been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008. 48The amendment effected by this section has been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008. 49The amendments effected by this section have been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008. 50The amendment effected by this section has been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008. 51The amendment effected by this section has been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008. 52The amendment effected by this section has been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008. 53The amendment effected by this section has been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008. 54The amendment effected by this section has been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008. 55The amendment effected by this section has been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008. 56The amendments effected by this section have been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008. 57The amendment effected by this section has been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008. 58The amendment effected by this section has been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008. 59The amendments effected by this section have been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008. 60The amendment effected by this section has been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008. 61The amendment effected by this section has been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008. 62The amendment effected by this section has been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008. 63The amendment effected by this section has been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008. 64The amendment effected by this section has been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008. 65The amendment effected by this section has been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008. 66The amendments effected by this section have been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008. 67The amendment effected by this section has been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008. 68The amendment effected by this section has been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008. PART 5Concluding Provision69Repeal of ActThis Act is repealed on the first anniversary of the day on which the last uncommenced provision of this Act commenced.