Passenger Transport Amendment (Accreditation Status and Validation of Actions) Act 2011 (TAS)

Passenger Transport Amendment (Accreditation Status and Validation of Actions) Act 2011

An Act to retrospectively amend the Passenger Transport Act 1997 and to validate certain actions taken under that Act

[Royal Assent 15 December 2011]

Be it enacted by His 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:

1Short titleThis Act may be cited as the Passenger Transport Amendment (Accreditation Status and Validation of Actions) Act 2011 . 2CommencementThis Act is taken to have commenced on 27 June 2000. 3Principal ActIn this Act, the Passenger Transport Act 1997 is referred to as the Principal Act. 4Section 16H amended (Grant of application) Section 16H(2) of the Principal Act is amended by omitting "remains valid for a prescribed period unless it is sooner forfeited or surrendered" and substituting "is ongoing unless it is forfeited or surrendered". 5Section 16I amended (Accreditation certificate) Section 16I(1) of the Principal Act is amended by omitting paragraph (b) . 6Sections 16L and 16M repealed Sections 16L and 16M of the Principal Act are repealed. 7Section 16P amended (Suspension and cancellation) Section 16P(3) of the Principal Act is amended by omitting "except for the purposes of renewal under section 16L ". 8Section 16Q amended (Variation of conditions, &c.) Section 16Q(1) of the Principal Act is amended by omitting "on renewal or at any other time" and substituting "at any time". 9Validation of actions (1)  Any delegation in relation to any matter under the Principal Act made or purportedly made by the Transport Commission to any person is taken to have been validly made and executed. (2)  Any action taken by a person to whom a delegation in relation to any matter under the Principal Act was made or purportedly made by the Transport Commission is deemed to have been validly taken. (3)  Any action taken by a prescribed person under section 16P of the Principal Act, on and from 27 June 2000 until the day on which this Act receives the Royal Assent, in relation to the suspension or cancellation of the accreditation of an operator of a public passenger service or hire and drive service is deemed to have been authorised by the Transport Commission and validly taken. (4)  No right of action arises and no legal proceedings may be taken in relation to any action referred to in subsection (2) or (3) taken by a person referred to in either of those subsections. (5)  For the purposes of subsection (3)  – hire and drive service has the same meaning as in the Principal Act; prescribed person means a person employed in the Department; public passenger service has the same meaning as in the Principal Act.

[Second reading presentation speech made in:

House of Assembly on 22 NOVEMBER 2011

Legislative Council on 30 NOVEMBER 2011]