Point to Point Transport (Taxis and Hire Vehicles) Act 2016 (NSW)
This Act, Sch 3, cl 5 (Sch 3, cl 5 repeals Sch 3 on a day to be appointed by proclamation)
An Act with respect to taxi and passenger hire vehicle services and booking services; and for other purposes.
This Act is the Point to Point Transport (Taxis and Hire Vehicles) Act 2016.
This Act commences on a day or days to be appointed by proclamation, except as provided by subsection (2).
This Part, Parts 9 and 11, clause 1 of Schedule 2 and Schedules 3 and 5 [25] commence on the date of assent to this Act.
In this Act—
(a) a motor vehicle that seats more than 12 adults (other than a vehicle prescribed by the regulations), or
(b) a vehicle of any class prescribed by the regulations for the purposes of this definition.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
Notes included in this Act do not form part of this Act.
In this Act—
A taxi service is a type of passenger service, as is a service provided using a hire vehicle.
This includes providing a taxi service.
The following services are not passenger services—
(a) a community transport service,
(b) a service conducted according to regular routes and timetables or according to regular routes and at regular intervals,
(c) a service conducted according to one or more regular routes, in which each passenger is transported for a distance of not less than 40 kilometres.
A service that provides transport by a motor vehicle that is generally conducted on land that is not a road or road related area is not a passenger service.
The regulations may provide that the provision of any transport prescribed by the regulations for the purposes of this section is or is not a passenger service.
In this Act—
(a) plies or stands for hire on a road or road related area, or
(b) is authorised under this Act to ply or stand for hire on a road or road related area (whether or not the motor vehicle is hired by other means for the purposes of providing the passenger service).
In this Act,
(a) facilitating the provision of a taxi service, or
(b) providing a taxi service.
A person
(a) co-ordination of the provision of taxi services,
(b) provision, co-ordination or monitoring of security facilities for taxis,
(c) setting of fares that may be charged for taxi services,
Note— A fare set by a facilitator of a taxi service cannot contravene a fares order (see section 76).
(d) co-ordination or provision of safety management systems for taxi services.
Subsection (3) does not limit the operation of subsection (2) (a).
The regulations may provide—
(a) that a person who carries on a business prescribed by the regulations for the purposes of this section is or is not the provider of a taxi service, or
(b) that the provision of any transport service prescribed by the regulations for the purposes of this section is or is not the provision of a taxi service.
In this Act, a
In this Act,
(a) taking bookings for taxis or hire vehicles to provide passenger services (whether immediately or at a later time), and
(b) communicating the bookings to drivers for passenger services or providers of passenger services.
To avoid doubt, a person provides a booking service if—
(a) the person contracts with, or arranges for, other persons to provide the passenger service for which a booking service is provided, or
(b) the person provides a passenger service and takes bookings for that service.
For the purpose of determining whether a person provides a booking service, it does not matter—
(a) that a booking is obtained or communicated remotely by means of an electronic device or other means not directly provided by the person who provides the booking service, or
(b) that the provider of the booking service is located outside the State, if the passenger service is provided wholly or partly within this State.
Note— In this Act, a passenger service involves transport of passengers wholly or partly within this State.
The regulations may provide—
(a) that a person who carries on a business prescribed by the regulations for the purposes of this section does or does not provide a booking service, or
(b) that the provision of a service or other thing prescribed by the regulations for the purposes of this section is or is not the provision of a booking service.
This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.
In this Act, the
In this Act, the
A safety duty cannot be transferred to another person.
A person can have more than 1 duty by virtue of being in more than 1 class of duty holder.
More than 1 person can concurrently have the same safety duty.
If more than 1 person has a safety duty for the same matter, each person—
(a) retains responsibility for the person’s duty in relation to the matter, and
(b) must discharge the person’s duty to the extent to which the person has the capacity to influence and control the matter or would have had that capacity but for an agreement or arrangement purporting to limit or remove that capacity.
In this Act,
(a) the likelihood of the hazard or the risk concerned occurring, and
(b) the degree of harm that might result from the hazard or the risk, and
(c) what the person concerned knows, or ought reasonably to know, about—
(i) the hazard or the risk, and
(ii) ways of eliminating or minimising the risk, and
(d) the availability and suitability of ways to eliminate or minimise the risk, and
(e) after assessing the extent of the risk and the available ways of eliminating or minimising the risk, the cost associated with available ways of eliminating or minimising the risk, including whether the cost is grossly disproportionate to the risk.
The provider of a passenger service must ensure, so far as is reasonably practicable, the health and safety of drivers and other persons while they are engaged in providing the service and of passengers or other persons in connection with the provision of the service.
Without limiting subsection (1), the provider of a passenger service must—
(a) eliminate risks to safety, so far as is reasonably practicable, and
(b) if it is not reasonably practicable to eliminate risks to safety, minimise those risks so far as is reasonably practicable.
The provider of a booking service must ensure, so far as is reasonably practicable, the health and safety of drivers and other persons while they are engaged in providing a passenger service resulting from the use of the booking service and of passengers and other persons in connection with a passenger service resulting from the use of the booking service.
Without limiting subsection (1), the provider of a booking service must—
(a) eliminate risks to safety, so far as is reasonably practicable, and
(b) if it is not reasonably practicable to eliminate risks to safety, minimise those risks so far as is reasonably practicable.
If a provider of a passenger service or booking service has a safety duty under this Act (a
An officer of a duty holder may be convicted or found guilty of an offence under this Act relating to a duty under this section whether or not the duty holder has been convicted or found guilty of an offence under this Act relating to the duty or obligation.
In this section—
(a) to acquire and keep up-to-date knowledge of safety matters relating to passenger services, and
(b) to gain an understanding of the nature of the operations of the passenger service provided by the duty holder, or for which the duty holder provides a booking service, and generally of the hazards and risks associated with the operation of the passenger service, and
(c) to ensure that the duty holder has available for use, and uses, appropriate resources and processes to eliminate or minimise risks to health and safety from the operation of the passenger service, and
(d) to ensure that the duty holder has appropriate processes for receiving and considering information regarding incidents, hazards and risks and responding in a timely way to that information, and
(e) to ensure that the duty holder has, and implements, processes for complying with any safety duty of the duty holder, and
(f) to verify the provision and use of the resources and processes referred to in paragraphs (c)–(e).
(a) in relation to a body corporate, has the same meaning as officer has in relation to a corporation under section 9 of the Corporations Act 2001 of the Commonwealth, and
(b) in relation to any other person, means an individual who makes, or participates in making, decisions that affect the whole, or a substantial part, of the passenger service or booking service provided by the person.
The driver of a motor vehicle being used for a passenger service must, while the vehicle is being used for that purpose—
(a) take reasonable care for his or her own health or safety, and
(b) take reasonable care that his or her own acts or omissions do not adversely affect the health and safety of other persons, and
(c) comply, so far as the driver is reasonably able, with any reasonable instruction that is given by the person providing the passenger service or a booking service to allow the person to comply with this Act, and
(d) co-operate with any reasonable policy or procedure of the provider of the passenger service or a booking service relating to health or safety in connection with the provision of a passenger service that has been notified to drivers.
A person commits a Category 1 offence if—
(a) the person has a safety duty, and
(b) the person, without reasonable excuse, engages in conduct that exposes an individual to whom that duty is owed to a risk of death or serious injury or illness, and
(c) the person is reckless as to the risk of an individual death or serious injury or illness.
Maximum penalty—
(a) in the case of an individual—$300,000 or 2 years imprisonment, or both, or
(b) in the case of a body corporate—$3,000,000.
The prosecution bears the burden of proving that the conduct was engaged in without reasonable excuse.
A person commits a Category 2 offence if—
(a) the person has a safety duty, and
(b) the person fails to comply with that duty, and
(c) the failure exposes an individual to a risk of death or serious injury or illness.
Maximum penalty—
(a) in the case of an individual—$150,000, or
(b) in the case of a body corporate—$1,500,000.
A person commits a Category 3 offence if—
(a) the person has a safety duty, and
(b) the person fails to comply with that duty.
Maximum penalty—
(a) in the case of an individual—$50,000, or
(b) in the case of a body corporate—$500,000.
Two or more contraventions of a provision of this Division by a person that arise out of the same factual circumstances may be charged as a single offence or as separate offences.
This section does not authorise contraventions of 2 or more provisions of this Division to be charged as a single offence.
A single penalty only may be imposed in relation to 2 or more contraventions of this Division that are charged as a single offence.
The regulations may specify safety standards for—
(a) the providers of passenger services or booking services in respect of passenger services that are provided or facilitated by them or for which booking services are provided, and
(b) the providers of booking services in respect of booking services.
Safety standards may be specified with respect to any of the following—
(a) drivers (including driver licence requirements, competence, qualifications, driving records, criminal records, identification and fitness or medical requirements),
(b) safety and registration of vehicles used for a passenger service and other requirements for those vehicles (including maintenance and security requirements),
(c) insurance,
(d) reporting of safety incidents or accidents,
(e) records relating to vehicles, drivers and bookings,
(f) provision of information to passengers,
(g) safety management systems.
Subsection (2) does not limit the matters for which safety standards may be specified.
The regulations may specify safety standards for drivers who drive motor vehicles used for passenger services.
Safety standards may be specified with respect to any of the following—
(a) driver licence requirements, competence, qualifications, driving records, criminal records, identification and fitness or medical requirements,
(b) reporting of changes in health or other matters,
(c) reporting of safety incidents or accidents,
(d) compliance with safety requirements established by providers of passenger services or booking services,
(e) provision of information to providers of passenger services or booking services.
Subsection (2) does not limit the matters for which safety standards may be specified.
The regulations may specify safety standards in respect of owners of motor vehicles that are hire vehicles or taxis used for passenger services or holders of taxi licences.
Safety standards may be specified with respect to any of the following—
(a) safety and registration of the vehicles and other requirements for the vehicles (including maintenance and security requirements and insurance),
(b) drivers of the vehicles when used to provide passenger services (including driver licence requirements, competence, qualifications, driving records, criminal records, identification and fitness or medical requirements),
(c) reporting of changes in ownership or other arrangements relating to vehicles or of other matters,
(d) records relating to the vehicles,
(e) reporting of safety incidents or accidents,
(f) compliance with safety requirements established by providers of passenger services or booking services,
(g) provision of information to providers of passenger services or booking services.
Subsection (2) does not limit the matters for which safety standards may be specified.
The regulations may make it an offence for the provider of a passenger service or a booking service, a driver or owner of a taxi or a hire vehicle or the holder of a taxi licence to contravene or to fail to ensure compliance with a safety standard specified by the regulations.
The regulations may make it an offence for the provider of a passenger service or a booking service, a driver or owner of a taxi or a hire vehicle or the holder of a taxi licence to fail to ensure, so far as is reasonably practicable, that a safety standard (whether or not it is specified for that person) is complied with.
The same safety standard may be specified for more than 1 class of persons.
The provider of a passenger service or booking service must report to the Commissioner, in accordance with the regulations, on any notifiable occurrence that affects the service (including a notifiable occurrence involving a passenger service for which a booking service provides bookings).
Maximum penalty—100 penalty units.
In this section, a
This section applies to—
(a) a person who dismisses a worker, terminates a contract for services or bailment with a worker or alters the position of a worker to the worker’s detriment, and
(b) a person who threatens to do any of those things to a worker, and
(c) a person who refuses or fails to offer to engage a prospective worker, or treats a prospective worker less favourably than another prospective worker would be treated in offering terms of engagement.
The person is guilty of an offence if the person engaged in that conduct because the worker or prospective worker or other person—
(a) has assisted or has given any information to a public authority in respect of a breach or alleged breach of this Act or the regulations, or
(b) has made a complaint about a breach or alleged breach of this Act or the regulations to the person, a fellow worker, union, public authority or public official, or
(c) assists or has assisted, or gives or has given any information to, a public agency in respect of a breach or alleged breach of this Act or the regulations, or
(d) has made a complaint about a breach or alleged breach of this Act or the regulations to a former employer or bailor, former fellow worker, union, public authority or public official.
Maximum penalty—
(a) in the case of an individual—100 penalty units, or
(b) in the case of a body corporate—500 penalty units.
A person may be guilty of an offence against subsection (2) only if the reason mentioned in subsection (2) (a), (b), (c) or (d) is the dominant reason why the person engaged in the conduct.
In proceedings for an offence against subsection (2), if all the facts constituting the offence other than the reason for the defendant’s conduct are proved, the defendant bears the onus of proving that the reason alleged in the charge was not the dominant reason why the defendant engaged in the conduct.
If a person is convicted or found guilty of an offence against this section, the court may (in addition to imposing a penalty) make either or both of the following orders—
(a) an order that the offender pay (within a specified period) such damages to the worker or prospective worker or other person against whom the offender discriminated as the court considers appropriate to compensate him or her,
(b) an order that—
(i) the worker be re-engaged in his or her former position or if that position is not available, in a similar position, or on the same terms, or
(ii) the prospective worker be engaged in the position for which he or she had applied or a similar position.
In this section—
If a provision of this Act and a provision of the Work Health and Safety Act 2011 or the Heavy Vehicle National Law (NSW) (
However, to the extent it is not possible to comply with both provisions, the person must comply with the provision of the other applicable law.
Evidence of a relevant contravention of this Act is admissible in any proceeding for any offence under another applicable law.
If an act, omission or circumstance constitutes an offence under this Act and another applicable law, the offender is not liable to be punished twice for the offence.
Compliance with this Act or the regulations, or with any requirement imposed under this Act or the regulations is not, in itself, evidence that a person has complied with another applicable law or with a common law duty of care.
A person must not provide a taxi service or booking service unless the person is authorised to provide that service.
Maximum penalty—$110,000.
An affiliated provider is not required to be authorised to provide a taxi service if the provision of that service is facilitated by another authorised provider of a taxi service.
A person who provides a passenger service must ensure that bookings for that service are not taken from the provider of a booking service unless the provider is authorised to provide that service under this Act.
Maximum penalty—$110,000.
A driver who drives a motor vehicle used for a passenger service must not take bookings for the passenger service from the provider of a booking service unless the provider is authorised to provide that service under this Act.
Maximum penalty—100 penalty units.
A person is guilty of the offence of aggravated provision of an unauthorised taxi service or booking service if the person commits an offence under section 27 (1) in circumstances of aggravation.
Maximum penalty (instead of any penalty under section 27 (1))—
(a) in the case of an individual—$50,000, or
(b) in the case of a body corporate—
(i) if a court determines that one or more persons have obtained benefits that are reasonably attributable to the commission of the offence and can determine the total value of those benefits—3 times that total value or $10,000,000, whichever is the greater, or
(ii) if the court does not determine that one or more persons have obtained any such benefits whose value can be determined—$500,000.
For the purposes of this section, an offence under section 27 (1) is committed by a person in circumstances of aggravation in the case of a taxi service if the person—
(a) commits the offence (wholly or partly) by facilitating the provision of taxi services, and
(b) recruits affiliated providers or other persons for the purpose of providing the taxi services facilitated, and
(c) has previously been convicted of an offence under section 27 (1) in the circumstances specified in paragraphs (a) and (b).
For the purposes of this section, an offence under section 27 (1) is committed by a person in circumstances of aggravation in the case of a booking service if the person—
(a) is not the provider of the passenger service for which the booking service is provided, and
(b) recruits other persons for the purpose of providing the passenger service for which the booking service is provided, and
(c) has previously been convicted of an offence under section 27 (1) in the circumstances specified in paragraphs (a) and (b).
If the court is satisfied that a person charged with an offence of aggravated provision of an unauthorised taxi service or booking service is not guilty of that offence but is satisfied on the evidence that the person is guilty of an offence under section 27 (1), the court may find the person guilty of the offence under that section, and the person is liable to punishment accordingly.
A provider of a taxi service or booking service must not contravene a condition of the provider’s authorisation.
Maximum penalty—$110,000.
The following may apply for authorisation to provide a taxi service or booking service—
(a) an individual,
(b) 2 or more persons who intend to carry on the service jointly under a partnership or other agreement,
(c) a body corporate incorporated under a law of this or any other jurisdiction (including the Corporations Act 2001 of the Commonwealth, the Associations Incorporation Act 2009 and the Co-operatives National Law (NSW)),
(d) any other entity prescribed by the regulations.
An application for authorisation is to be made to the Commissioner.
An application is—
(a) to be in a form approved by the Commissioner, and
(b) to contain the information that the Commissioner requires to be provided, and
(c) in the case of a body corporate, to specify 1 or more directors or managers as nominated directors or managers for the purposes of this Act, and
(d) to be accompanied by the fee, if any, prescribed by the regulations.
The Commissioner may, by written notice given to the applicant, require the applicant to provide further information relevant to the application that is specified in the notice.
The Commissioner may from time to time determine the number of persons who are to be nominated as directors or managers under this section, either generally or in any particular case or class of cases.
The Commissioner may determine an application for authorisation to provide a taxi service or booking service by granting or refusing the application.
The Commissioner must not grant an application for authorisation unless satisfied that the applicant meets the general standards for authorisation or the standards for a current provider.
The general standards for authorisation are as follows—
(a) that the applicant has not been convicted of a disqualifying offence and that there are no current proceedings against the applicant for a disqualifying offence,
(b) that a close associate of the applicant has not been convicted of a disqualifying offence and that there are no current proceedings against a close associate of the applicant for any such offence,
(c) in the case of a body corporate, that the directors or managers nominated for the purposes of this Part are directly involved in the day-to-day management of the service and that at least one of the directors or managers nominated is a resident of this State,
(d) in the case of a body corporate, that none of the directors or managers nominated for the purposes of this Part have been convicted of a disqualifying offence and that there are no current proceedings against any of those directors or managers for a disqualifying offence.
The standards for a current provider are as follows—
(a) that the applicant is the holder of an authorisation under this Act to provide another service of the same or a different kind,
(b) that the applicant has demonstrated that the applicant complies with any standards applicable to the authorisation being applied for that are additional to those for the authorisation currently held,
(c) that the applicant is not the subject of any action being taken or proposed to be taken by the Commissioner relating to an authorisation held by the applicant.
In the case of a joint application for an authorisation, each person applying for the joint authorisation must meet the requirements for authorisation.
The regulations may prescribe additional standards that are required to be met for authorisation, either generally or in a particular case or class of cases.
For the purposes of this Act, a
The regulations may prescribe—
(a) different disqualifying offences for taxi service providers, booking service providers and close associates, and
(b) different disqualifying offences for different categories of taxi service providers and booking service providers, and
(c) circumstances in which an offence is or is not a disqualifying offence.
This Act extends to convictions by courts for disqualifying offences whether or not the convictions occurred before the commencement of this Act.
In this Act, a
The Commissioner may refuse to grant an authorisation on the ground that a close associate of the applicant has previously held an authorisation (whether for the operation of the same or a different service) that has been cancelled.
For the purposes of this Act, a person is a
(a) holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in the person’s own right or on behalf of any other person), in the business of the applicant or provider that is or will be carried on under the authority of the authorisation, and by virtue of that interest or power is or will be able (in the opinion of the Commissioner) to exercise a significant influence over or with respect to the management or operation of that business, or
(b) holds or will hold any relevant position, whether in the person’s own right or on behalf of any other person, in the business of the applicant or provider that is or will be carried on under the authority of the authorisation, or
(c) is or will be engaged as a contractor or employed in the business of the applicant or provider that is or will be carried on under the authority of the authorisation.
For the purposes of this section, a financial institution is not a close associate by reason only of having a relevant financial interest in relation to a business.
The provisions of this section extend to relevant financial interests and relevant powers even if those interests and powers are not payable, exercisable or otherwise enforceable as a matter of law or equity, but are nevertheless payable, exercisable or otherwise enforceable as a matter of fact.
In this section—
(a) any share in the capital of the business, or
(b) any entitlement to receive any income derived from the business, or to receive any other financial benefit or financial advantage from the carrying on of the business, whether the entitlement arises at law or in equity or otherwise, or
(c) any entitlement to receive any rent, profit or other income in connection with the use or occupation of premises on which the business is or is to be carried on (such as, for example, an entitlement of the owner of the premises at which the business is carried on to receive rent as lessor of the premises).
(a) the position of director, manager or corporate secretary, or
(b) any other position, however designated, if it is an executive position.
(a) to participate in any directorial, managerial or executive decision, or
(b) to elect or appoint any person to any relevant position.
An authorisation to provide a taxi service or booking service granted by the Commissioner may authorise the provider—
(a) to provide 1 or more specified services, or
(b) to operate a service having specified characteristics.
The Commissioner may grant an application for authorisation unconditionally or subject to the conditions specified in the authorisation.
The Commissioner may also vary or revoke the conditions of an authorisation at any time (see section 40).
An authorisation is to be in the form approved by the Commissioner.
An authorisation is in force for the period specified by the Commissioner in the authorisation unless it is sooner cancelled.
An authorisation does not have effect while suspended and the suspension of an authorisation does not affect the day on which the term of an authorisation expires.
An authorisation may be renewed on application to the Commissioner made before the authorisation expires.
This Act applies to an application for the renewal of an authorisation in the same way as it applies to an application for an authorisation.
The Commissioner must give an applicant for authorisation or renewal of an authorisation written notice of the decision on the application.
If notice of a decision is not given to an applicant within 90 days of an application being made, the application is taken to have been refused.
Subsection (2) does not prevent an application from being granted after the period of 90 days has elapsed.
If 2 or more persons are jointly authorised to provide a taxi service or booking service, each of those persons has the obligations of a provider of that service under this Act and the regulations.
A person (other than an individual) that is jointly authorised to provide a taxi service or booking service must meet the same standards for authorisation as a body corporate seeking authorisation in its own right.
An authorisation to provide a taxi service or booking service is subject to the following conditions—
(a) any conditions imposed by the Commissioner and in force from time to time,
(b) any conditions specified by this Act or prescribed by the regulations.
The Commissioner may at any time, by written notice given to an authorised provider, impose a condition on the authorisation or vary or revoke a condition of the authorisation imposed by the Commissioner.
The Commissioner must not impose a condition on an authorisation that is inconsistent with this Act or the regulations.
A provider of a taxi service or booking service may, by written notice given to the Commissioner, nominate, or revoke the nomination of, a director or manager for the purposes of this Part.
An authorisation may be suspended or cancelled if the provider does not meet an authorisation standard, including the requirement that a nominated director or manager be directly involved in the day-to-day management of a taxi or booking service. An authorisation is automatically suspended if there are no nominated directors or managers for a body corporate.
It is a condition of the authorisation of a body corporate that the body corporate give written notice to the Commissioner, within 21 days, if a director or manager of the body corporate who has been nominated for the purposes of this Part dies or ceases to be a director or manager of the body corporate.
It is a condition of an authorisation to provide a taxi service or booking service that the provider comply with the safety standards for a provider of any such service.
It is a condition of an authorisation to provide a taxi service or a booking service that the provider keep any records required to be kept by the provider under this Act, or under the Taxation Administration Act 1996 in its application to the passenger service levy, in this State or in a form that may be accessed from, or made available in, this State.
It is a condition of the authorisation of a provider of a taxi service that each taxi used to provide the service is identified as a taxi and is marked or painted in a uniform way that identifies it as a taxi used by the service.
The Commissioner may vary, suspend or cancel an authorisation to provide a taxi service or booking service if—
(a) the provider does not comply with a standard required to be met for authorisation to provide the service to which the authorisation relates, or
(b) the provider fails to comply with a condition of the authorisation, or
(c) the provider fails to comply with this Act or the regulations, or
(d) a close associate of the provider has previously held an authorisation (whether for the operation of the same or a different service) that has been cancelled, or
(e) in the opinion of the Commissioner, the service has been or is being conducted in a manner that causes danger to the public, or
(f) for any other reason the Commissioner thinks fit.
The Commissioner may also vary or revoke the conditions of an authorisation at any time (see section 40).
If 2 or more persons hold a joint authorisation to provide a taxi service or booking service and any 1 of them dies or ceases to jointly provide the service—
(a) the authorisation is automatically suspended 21 days after the death or cessation if the Commissioner has not been notified before that time of the death or cessation, and
(b) the authorisation may be cancelled, suspended or varied under this Act because of the death or cessation (whether before or after any such cessation).
If an authorised provider that is a body corporate ceases to have any directors or managers who are nominated for the purposes of this Part, the authorisation is automatically suspended when the body corporate ceases to have any directors or managers so nominated until new directors or managers are nominated in accordance with this Part.
Nothing in this section prevents the Commissioner from cancelling an authorisation that is suspended by this section.
A provider may, at any time, surrender an authorisation to provide a taxi service or booking service by giving the Commissioner a notice of surrender.
A notice of surrender must be in the form approved by the Commissioner and specify the date for the surrender to take effect.
The Commissioner must cancel the authorisation—
(a) if the date specified for the surrender to take effect is on or before the day on which the Commissioner receives the notice—on receiving the notice, or
(b) if the date specified for the surrender to take effect is after the day on which the Commissioner receives the notice—on the date specified.
A person must not use a motor vehicle to provide a taxi service unless—
(a) the provider, or an employee, contractor or affiliated provider of that provider, is the holder of a taxi licence for the motor vehicle, or
(b) the motor vehicle is a stand-by taxi used in accordance with this Act and the regulations.
Maximum penalty—
(a) $110,000, or
(b) for a second or subsequent offence by an individual within 5 years of a previous offence—$110,000, or 12 months imprisonment, or both.
The holder of a taxi licence must not contravene a condition of the licence.
Maximum penalty—$110,000.
An authorised provider of a taxi service may use a taxi that is not licensed (a
The stand-by taxi must—
(a) display the number-plates of the licensed taxi in addition to the number-plates allocated to the stand-by taxi, and
(b) be registered within the meaning of the Road Transport Act 2013, and
(c) to the satisfaction of the Commissioner, comply with the standards prescribed for taxis, and
(d) except to the extent authorised by the Commissioner, comply with the conditions of the taxi licence of the licensed taxi that it is replacing, and
(e) display a sign in accordance with the regulations identifying it as a stand-by taxi, and
(f) comply with any other requirements prescribed by the regulations for the purposes of this section.
A stand-by taxi while used in accordance with this section is taken, for the purposes of this Act and the regulations, to be a taxi for which a taxi licence is in force.
The Commissioner may issue different categories of taxi licences.
TfNSW is to determine the categories of taxi licences that may be issued by the Commissioner.
The following persons may apply for a taxi licence—
(a) an individual,
(b) 2 or more persons who intend to hold the licence jointly under a partnership or other agreement,
(c) a body corporate incorporated under a law of this or any other jurisdiction (including the Corporations Act 2001 of the Commonwealth, the Associations Incorporation Act 2009 and the Co-operatives National Law (NSW)).
An application for a taxi licence is to be made to the Commissioner.
An application is—
(a) to be in the form approved by the Commissioner, and
(b) to contain the information that the Commissioner requires to be provided, and
(c) to be accompanied by the fee, if any, prescribed by the regulations.
(Repealed)
The Commissioner may, by written notice given to the applicant, require the applicant to provide further information relevant to the application that is specified in the notice.
The Commissioner may determine an application for a taxi licence by granting or refusing the application.
The Commissioner must not grant an application for a taxi licence unless satisfied that the applicant meets any requirements specified by the regulations.
In the case of a joint application for a taxi licence, each person applying for the joint licence must meet the requirements for the licence.
(Repealed)
The Commissioner may grant an application for a taxi licence unconditionally or subject to the conditions specified by the Commissioner in the licence.
A taxi licence is to be in the form approved by the Commissioner.
(Repealed)
A taxi licence is in force for a period of 12 months unless it is sooner cancelled.
A taxi licence does not have effect while suspended and the suspension of a licence does not affect the day on which the term of a licence expires.
A taxi licence may be renewed by the Commissioner on application to the Commissioner made before the expiry of the licence.
This Act applies to an application for the renewal of a taxi licence in the same way it applies to an application for a taxi licence.
The Commissioner must give an applicant for a taxi licence or renewal of a licence written notice of the decision on the application.
If notice of a decision is not given to an applicant within 90 days of an application being made, the application is taken to have been refused.
Subsection (2) does not prevent an application from being granted after the period of 90 days has elapsed.
A taxi licence is subject to the following conditions—
(a) any conditions imposed by the Commissioner and in force from time to time,
(b) any conditions specified by this Act or prescribed by the regulations.
The Commissioner may at any time, by written notice given to the holder of a taxi licence, impose a condition on the licence or vary or revoke a condition of the licence imposed by the Commissioner.
The Commissioner must not impose a condition on a taxi licence that is inconsistent with this Act or the regulations.
The regulations may—
(a) apply conditions of a taxi licence to a provider who carries on a taxi service using the taxi the subject of the licence, and
(b) apply conditions of the licence to any such provider instead of the holder of the licence or to both the provider and the holder, and
(c) make it an offence for the provider to fail to comply with an applicable condition.
It is a condition of a taxi licence that the holder of the licence comply with the safety standards for the holder of any such licence.
(Repealed)
The Commissioner may vary, suspend or cancel a taxi licence if—
(a) the holder fails to comply with a condition of the licence, or
(b) the holder, or owing to the default of the holder or any agent or member of staff of the holder, fails to comply with this Act or the regulations, or
(b1) without limiting paragraph (b), the holder provides a taxi service without being—
(i) authorised to provide the service, or
(ii) an affiliated provider, or
(c) the taxi service for which the licensed taxi is used has been or is being conducted in a manner that causes danger to the public, or
(d) for any other reason the Commissioner thinks fit.
The Commissioner may also vary the conditions of a taxi licence at any time (see section 60).
To avoid doubt, the variation, suspension or cancellation of a taxi licence does not prevent the taking of proceedings, or the issuing of a penalty notice, for an offence, or an alleged offence, under this Act.
A holder of a taxi licence may, at any time, surrender the taxi licence by giving the Commissioner a notice of surrender.
A notice of surrender must be in the form approved by the Commissioner and specify the date for the surrender to take effect.
The Commissioner must cancel the taxi licence—
(a) if the date specified for the surrender to take effect is on or before the day on which the Commissioner receives the notice—on receiving the notice, or
(b) if the date specified for the surrender to take effect is after the day on which the Commissioner receives the notice—on the date specified.
(Repealed)
The Minister may, with the approval of the Minister administering the Independent Pricing and Regulatory Tribunal Act 1992, refer all or any of the services provided by 1 or more passenger services to IPART for a recommendation as to the following—
(a) appropriate fares for the service or services,
(b) appropriate fares for specified fares or classes of fares for the service or services.
A referral may do any or all of the following—
(a) specify a period within which IPART is to report to the Minister on its recommendation,
(b) require IPART to consider specified matters when making its investigations for the purposes of its report.
IPART may request the Minister to refer a matter to IPART under this section.
A referral may be varied or withdrawn by the Minister, with the approval of the Minister administering the Independent Pricing and Regulatory Tribunal Act 1992. A variation or withdrawal of a referral does not affect the operation of this Act or that Act in respect of a report on the referral, or the subject-matter of the report, if the report was received by the Minister from IPART before the variation or withdrawal.
IPART is to conduct investigations and report to the Minister on the appropriate fares if a referral is made under this Part.
IPART may report to the Minister on any matter it considers relevant that arises from an investigation under this Part.
IPART is to consider the following matters in making a recommendation under this Part—
(a) the cost of providing the services,
(b) the need for greater efficiency in the supply of services so as to reduce costs for the benefit of consumers and taxpayers,
(c) the protection of consumers from abuses of monopoly power in terms of prices, pricing policies and standards of service,
(d) the social impact of the recommendation,
(e) the impact of the recommendation on the use of passenger transport and the need to increase the proportion of travel undertaken by sustainable modes such as public transport,
(f) standards of quality, reliability and safety of the services (whether those standards are specified by legislation, agreement or otherwise),
(g) any matter specified in the referral to IPART,
(h) any other matter IPART considers relevant.
IPART must indicate what regard it has had to the matters specified in this section in any report of a recommendation under this Part.
Sections 13A–14A and Divisions 6 and 7 of Part 3 of the Independent Pricing and Regulatory Tribunal Act 1992 apply to an investigation and report by IPART under this Part in the same way as they apply to a determination, investigation or report under that Act. The provisions so apply as if a reference in those provisions to the Minister were a reference to the Minister administering this Act.
TfNSW may, by order published on the NSW legislation website (a
(a) the maximum fares for the service or services,
(b) specified maximum fares or classes of fares for the service or services.
TfNSW may have regard to any recommendation of IPART under this Part when making a fares order.
A fares order may specify a fare or specify the manner in which a fare is to be calculated.
A fares order may also approve other arrangements for remuneration in connection with the service.
A person must not demand a fare for the provision of a service that—
(a) exceeds the amount of the fare determined for the service under a fares order, or
(b) contravenes arrangements for remuneration approved by a fares order.
Maximum penalty—100 penalty units.
This section does not prevent the provider of a passenger service from demanding a fare that is, or making contracts or arrangements for the provision of a service for which the fare is, lower than that determined under a fares order.
A fares order may specify the maximum amount payable for a non-cash payment surcharge or surcharges for the same hiring of a taxi or hire vehicle.
In this Part, a
(a) added to the amount otherwise payable by a hirer of a taxi or hire vehicle because the amount payable for the hire is paid wholly or partly by the use of a debit, credit, pre-paid or charge card, or
(b) payable by all or any of the owner or driver of, or holder of a taxi licence for, a taxi or hire vehicle or the provider of a service using a taxi or hire vehicle because an amount payable for the hire of the taxi or hire vehicle is paid wholly or partly by the use of a debit, credit, pre-paid or charge card.
Without limiting subsection (2), a fee or charge may be a non-cash payment surcharge whether or not it is payable for accepting or processing payment made by the use of a debit, credit, pre-paid or charge card and whether or not the fee or charge is based on the amount payable for a hire.
A non-cash payment surcharge does not include a fee or charge imposed in respect of the use of a debit, credit, pre-paid or charge card by—
(a) a participant in a designated payment system within the meaning of the Payment Systems (Regulation) Act 1998 of the Commonwealth, or
(b) a person consistently with a voluntary undertaking given by the person to, and accepted by, the Reserve Bank of Australia.
This section does not limit the operation of section 76 (5).
If a non-cash payment surcharge that contravenes a fares order is imposed, the following persons are guilty of an offence—
(a) the person who imposed the surcharge,
(b) the owner or driver of the taxi or hire vehicle and the holder of the taxi licence for the taxi,
(c) the provider of the service using the taxi or hire vehicle,
(d) any person who provided or maintains any equipment installed in the taxi or hire vehicle that enabled the surcharge to be imposed,
(e) any person who manages or administers the whole or any part of the system under which the amounts due for the hiring concerned may be paid by the use of a debit, credit, pre-paid or charge card.
A person must not collect in a taxi or hire vehicle, or initiate the collection in a taxi or hire vehicle of, a non-cash payment surcharge that contravenes a fares order.
A person must not collect, for the purposes of or while providing a booking service, a non-cash payment surcharge that contravenes a fares order.
It is a defence to an offence under this section if the defendant establishes that—
(a) the taxi non-cash payment surcharge was imposed or collected or its collection was initiated by another person, and
(b) the defendant did not know, and could not reasonably be expected to know, that the other person had charged or collected, or would initiate the charge or collection of, a taxi non-cash payment surcharge in respect of that hiring.
Maximum penalty—
(a) in the case of a body corporate—$110,000, or
(b) in the case of an individual—100 penalty units.
A person who provides a passenger service to a passenger who obtains the service by using a booking service, and the person who provided the booking service, must before the commencement of the journey ensure that the passenger is provided with an estimate of the fare that complies with this section.
The fare estimate must—
(a) be in writing or in another form approved by the Commissioner, and
(b) express the amount of the fare in Australian currency or in any other manner prescribed by the regulations, and
(c) indicate any variation in the fare that is likely to occur and the way in which the variation is to be calculated.
If a person who provides a passenger service or a booking service and the passenger agree on a fare before the commencement of the journey, the person who provides the service must not demand a fare for the service that exceeds the amount agreed with the passenger.
A person who provides a passenger service or a booking service must not fail to comply with this section.
Maximum penalty—
(a) in the case of a driver—20 penalty units, or
(b) in the case of an individual (other than a driver)—100 penalty units, or
(c) in the case of a body corporate—$110,000.
In this section,
Nothing in this section permits a person to charge a fare of an amount, or in circumstances, that would contravene any other provision of this Act or the regulations.
A requirement made by the provider of a passenger service who facilitates the provision of a passenger service, or by the provider of a booking service who provides that service to a provider of a passenger service, that the person who provides the passenger service or the driver charges a specified amount (however determined) for the provision of the transport that is facilitated or booked is specifically authorised by this Act for the purposes of the Competition and Consumer Act 2010 of the Commonwealth and the Competition Code of New South Wales.
Conduct authorised by subsection (1) is authorised only to the extent (if any) that it would otherwise contravene Part IV of the Competition and Consumer Act 2010 of the Commonwealth and the Competition Code of New South Wales.
Nothing in this section permits a person to require another person to charge a fare of an amount, or in circumstances, that would contravene any other provisions of this Act or the regulations.
An audit under this Division is to be a particular documented evaluation of the operations of the provider of a passenger service or a booking service for any of the following purposes—
(a) to provide information on compliance with the provider’s safety duties or safety standards under this Act,
(b) to enable a determination of whether the operations are being carried out in a way that manages risks to safety in accordance with the provider’s safety duties, including an evaluation of the safety management systems of the provider.
The Commissioner may issue an audit notice—
(a) notifying a provider of a passenger service or booking service that an audit is to be arranged by the Commissioner, or
(b) requiring a provider of a passenger service or booking service to arrange an audit by an auditor, or an auditor of a class of auditors, approved by the Commissioner for the purposes of carrying out audits under this Division.
The Commissioner must give not less than 24 hours notice of a proposed audit arranged by the Commissioner.
An audit arranged by the Commissioner may be conducted by an authorised officer, or another person appointed by the Commissioner for the purpose of conducting the audit.
An audit notice that requires a provider to arrange an audit is to specify the period within which the audit is required to be carried out and reported on to the Commissioner.
The Commissioner may issue guidelines with respect to the carrying out of audits under this Division.
This section applies if an authorised officer reasonably believes that a person—
(a) is contravening a provision of this Act or the regulations, or
(b) has contravened a provision in circumstances that make it likely that the contravention will continue or be repeated.
The authorised officer may issue an improvement notice requiring the person to—
(a) remedy the contravention, or
(b) prevent a likely contravention from occurring, or
(c) remedy the things or operations causing the contravention or likely contravention.
An improvement notice must state—
(a) that the authorised officer believes the person—
(i) is contravening a provision of this Act or the regulations, or
(ii) has contravened a provision in circumstances that make it likely that the contravention will continue or be repeated, and
(b) the provision the authorised officer believes is being, or has been, contravened, and
(c) briefly, how the provision is being, or has been, contravened, and
(d) the day by which the person is required to remedy the contravention or likely contravention.
An improvement notice may include directions concerning the measures to be taken to remedy the contravention or prevent the likely contravention, or the matters or activities causing the contravention or likely contravention, to which the notice relates.
The day stated for compliance with the improvement notice must be reasonable in all the circumstances.
The person to whom an improvement notice is issued must comply with the notice within the period specified in the notice.
Maximum penalty—
(a) in the case of an individual—$50,000, or
(b) in the case of a body corporate—$250,000.
This section applies if a person has been issued with an improvement notice.
An authorised officer may, by written notice given to the person, extend the compliance period for the improvement notice.
However, the authorised officer may extend the compliance period only if the period has not ended.
In this section—
This section applies if an authorised officer reasonably believes that—
(a) an activity is occurring in relation to the provision of a passenger service or booking service that involves or will involve an immediate and serious risk to the health or safety of a person, or
(b) an activity may occur in relation to the provision of a passenger service or booking service that, if it occurs, will involve an immediate and serious risk to the health or safety of a person.
The authorised officer may give a person who has control over the activity a direction prohibiting the carrying on of the activity, or the carrying on of the activity in a specified way, until an authorised officer is satisfied that the matters that give or will give rise to the risk have been remedied.
The direction may be given orally, but must be confirmed by written notice (a
A prohibition notice must state—
(a) that the authorised officer believes that grounds for the issue of the prohibition notice exist and the basis for that belief, and
(b) briefly, the activity that the authorised officer believes involves or will involve the risk and the matters that give or will give rise to the risk, and
(c) the provision of this Act that the authorised officer believes is being, or is likely to be, contravened by that activity.
A prohibition notice may include directions on the measures to be taken to remedy the risk, activities or matters to which the notice relates, or the contravention or likely contravention referred to in subsection (1) (c).
Without limiting section 87, a prohibition notice that prohibits the carrying on of an activity in a specified way may do so by specifying 1 or more of the following—
(a) a place, or part of a place, at which the activity is not to be carried out,
(b) anything that is not to be used in connection with the activity,
(c) any procedure that is not to be followed in connection with the activity.
The person to whom a direction is given under section 87 (2) or a prohibition notice is issued must comply with the direction or notice.
Maximum penalty—
(a) in the case of an individual—$100,000, or
(b) in the case of a body corporate—$500,000.
In this Division,
A notice must be in writing.
An improvement notice or prohibition notice may include recommendations.
It is not an offence to fail to comply with recommendations in a notice.
An authorised officer may make minor changes to a notice—
(a) for clarification, or
(b) to correct errors or references, or
(c) to reflect changes of address or other circumstances.
An authorised officer may also, in accordance with section 86, extend the compliance period for an improvement notice.
Except as provided by section 93, a notice issued by an authorised officer may only be varied or cancelled by the Commissioner.
A notice is not invalid only because of—
(a) a formal defect or irregularity in the notice unless the defect or irregularity causes or is likely to cause substantial injustice, or
(b) a failure to use the correct name of the person to whom the notice is issued if the notice sufficiently identifies the person and is issued or given to the person in accordance with section 96.
The regulations may prescribe—
(a) the manner of issuing a notice, and
(b) the steps a person to whom a notice is issued must take to bring it to the attention of other persons.
In this Division,
The Commissioner may apply to the District Court for an order—
(a) compelling a person to comply with a notice, or
(b) restraining a person from contravening a notice.
The Commissioner may do so—
(a) whether or not proceedings have been brought for an offence against this Act in connection with any matter in relation to which the notice was issued, and
(b) whether any period for compliance with the notice has expired.
The Commissioner may accept a written undertaking given by a person in connection with a matter relating to a contravention or alleged contravention by the person of this Act or the regulations.
An undertaking cannot be accepted for a contravention or alleged contravention that is a Category 1 offence under Part 2 or an offence under section 28.
The giving of an undertaking does not constitute an admission of guilt by the person giving it in relation to the contravention or alleged contravention to which the undertaking relates.
The Commissioner may make a written undertaking publicly available.
The Commissioner must give the person seeking to make an undertaking written notice of the Commissioner’s decision to accept or reject the undertaking and of the reasons for the decision.
The Commissioner must publish, on the Commissioner’s website, notice of a decision to accept an undertaking and the reasons for that decision.
An undertaking takes effect and becomes enforceable when the Commissioner’s decision to accept the undertaking is given to the person who made the undertaking or at any later date specified by the Commissioner.
A person must not contravene an undertaking given by that person that is in effect.
Maximum penalty—
(a) in the case of an individual—$50,000, or
(b) in the case of a body corporate—$250,000.
The Commissioner may apply to the District Court for an order if a person contravenes an undertaking.
If the Court is satisfied that the person who made the undertaking has contravened the undertaking, the Court, in addition to the imposition of any penalty, may make 1 or both of the following orders—
(a) an order directing the person to comply with the undertaking,
(b) an order discharging the undertaking.
In addition to the orders referred to in subsection (2), the Court may make any other order that the Court considers appropriate in the circumstances, including orders directing the person to pay to the State—
(a) the costs of the proceedings, and
(b) the reasonable costs of the Commissioner in monitoring compliance with the undertaking in the future.
Nothing in this section prevents proceedings being brought for the contravention or alleged contravention of this Act to which the undertaking relates.
A person who has made an undertaking may at any time, with the written agreement of the Commissioner—
(a) withdraw the undertaking, or
(b) vary the undertaking.
However, the provisions of the undertaking cannot be varied to provide for a different alleged contravention of the Act.
The Commissioner must publish, on the Commissioner’s website, notice of the withdrawal or variation of an undertaking.
Subject to this section, no proceedings for a contravention or alleged contravention of this Act or the regulations may be brought against a person if an undertaking is in effect in relation to that contravention.
No proceedings may be brought for a contravention or alleged contravention of this Act or the regulations against a person who has made an undertaking in relation to that contravention and has completely discharged the undertaking.
The Commissioner may accept an undertaking in relation to a contravention or alleged contravention before proceedings in relation to that contravention have been finalised.
If the Commissioner accepts an undertaking before the proceedings are finalised, the Commissioner must take all reasonable steps to have the proceedings discontinued as soon as possible.
In this Part—
The Commissioner may appoint a person of a class prescribed by the regulations for the purposes of this section to be an authorised officer for the purposes of this Act.
The authority of an authorised officer may be limited by the relevant instrument of appointment to the functions, and to the cases, specified in the instrument of appointment.
The Commissioner must issue an authorised officer with an identity card.
The identity card must—
(a) be in the form approved by the Commissioner, and
(b) contain a recent photograph of the person.
An authorised officer must not exercise a function conferred by or under this Act unless an identity card has been issued to the authorised officer by the Commissioner.
This section does not apply to an authorised officer who is a police officer.
This section applies to an authorised officer who is exercising, or about to exercise, a function under this Act.
An authorised officer must—
(a) carry his or her identity card at all times when exercising a power under this Act to enter premises or a vehicle or a power that is exercisable after entering premises or a vehicle, and
(b) produce his or her identity card if requested to do so by a person in relation to whom the officer is exercising, or about to exercise, the power.
A person who has ceased to be an authorised officer must not, without reasonable excuse, refuse or fail to return to the Commissioner, within the period specified by the Commissioner in a request for the return of the card, any identity card issued to the person by the Commissioner.
Subsection (2) does not apply to a power conferred by a search warrant or to a power exercised by an authorised officer who is a police officer.
Maximum penalty—15 penalty units.
An authorised officer may exercise the functions conferred by Division 2 if the officer believes on reasonable grounds that it is necessary to do so for the purposes of this Act or the regulations, including the following purposes—
(a) an inspection, audit or inquiry under this Act,
(b) to determine whether there has been a contravention of this Act, the regulations or the terms of an authorisation, taxi licence or requirement under this Act,
(c) to determine whether there has been a contravention of the Taxation Administration Act 1996, as applied for the purposes of Schedule 4.
An authorised officer must not use any more force than is reasonably necessary to enter premises under this Act or to do anything for which entry is effected.
An authorised officer must do as little damage as possible when exercising a function under this Act.
The Commissioner may cause inspections to be carried out to ensure that the provider of a passenger service or booking service, the holder of a taxi licence or the owner or driver of a taxi or a hire vehicle is complying with any of the following—
(a) the terms of any authorisation or taxi licence, or any requirement to be authorised or to have a licence,
(b) safety duties, safety standards or any other requirements imposed under this Act.
Inspections under this section may be carried out at the intervals that the Commissioner thinks fit.
For the purposes of this section, the Commissioner may cause the following to be inspected—
(a) the performance of employees or drivers in connection with passenger services or booking services,
(b) any vehicle used for the purposes of a passenger service and any equipment, furnishings or fittings in or about the vehicle,
(c) the operation of a passenger service or booking service,
(d) any other thing the Commissioner considers to be relevant to the safe carrying on of a passenger service or booking service.
An authorised officer may enter premises the officer reasonably suspects are being used for the purposes of a passenger service or booking service without the occupier’s consent and without obtaining a search warrant.
An authorised officer may enter the premises only at any of the following times—
(a) at any reasonable time during the day,
(b) at any time at which the service is being provided or a related activity is occurring or is usually carried out on the premises,
(c) at any other time the premises are open for entry.
This section does not apply to premises or any part of premises used as a residence.
An authorised officer may enter any premises with the consent of the occupier of the premises.
In this Act,
Before obtaining the consent of a person to enter premises, an authorised officer must inform the person that the person may refuse consent.
An authorised officer may enter premises or any part of premises used as a residence only with the consent of the occupier of the premises or under the authority conferred by a search warrant.
Before entering premises under this Part without the consent of the occupier, an authorised officer must give the occupier or person reasonable notice of the intention to enter the premises unless—
(a) notice would defeat the purpose for which entry is required, or
(b) it is an emergency.
A person (the
The assistant—
(a) may do the things at the place and in the manner that the authorised officer requires to assist the authorised officer to exercise the officer’s functions under this Division, but
(b) must not do anything that the authorised officer does not have power to do, except as permitted under a search warrant.
Anything done lawfully by the assistant is taken for all purposes to have been done by the authorised officer.
An authorised officer who enters premises under this Part (including under a search warrant) may do any of the following—
(a) inspect any motor vehicle that the officer reasonably believes is being used for a passenger service (a
passenger vehicle ),(b) inspect or test any meter, communications device or other equipment, or inspect any furnishings or fittings, in, on or about a passenger vehicle,
(c) by written notice given to the owner or person in charge of a passenger vehicle or equipment, require the owner or person to have the vehicle or equipment inspected or tested within the period specified in the notice,
(d) inspect any maintenance facilities, electronic device or other equipment or apparatus used for the purposes of or in connection with a passenger service,
(e) take photos and make recordings (including photographs, audio, video, digital or other recordings) of the premises or anything on the premises,
The Commissioner must give written notice to the person of a determination under this clause. Any such determination is a reviewable decision for the purposes of section 145.
Any disciplinary action commenced, but not finally determined under the 1990 Act, against the person is to be dealt with under this Act.
For the purposes of taking action under this Act in relation to the authorisation of the person as a provider of a taxi service, any contraventions by the person of the 1990 Act or the 2014 Act or the regulations under those Acts may be taken into account.
This clause does not extend to any offence committed on or after the commencement of Part 3 of this Act.
This clause does not apply to a person who provides a taxi service as an affiliated provider or in relation to the use of a bus.
This clause does not apply to a person who is an affiliated provider within the meaning of this Act or who, for any other reason, is exempt from the requirement to hold an authorisation to provide a taxi service or passenger service under this Act.
A person who was, immediately before the commencement of Part 3 of this Act, the holder of a taxi-cab network authorisation is taken to be an authorised provider of a taxi service under this Act and this Act applies accordingly.
If the person also provided a booking service for taxis immediately before that commencement, the person is taken to be an authorised provider of a booking service under this Act and this Act applies accordingly.
The person may be authorised under this Act even if the person had, before that commencement, been convicted of a disqualifying offence, unless the Commissioner determines that the person should not, because of that conviction, be so authorised.
Any such determination is a reviewable decision for the purposes of section 145.
The Commissioner must give written notice to the person of a determination under this clause.
Any disciplinary action commenced, but not finally determined under the 1990 Act, against the person is to be dealt with under this Act.
For the purposes of taking action under this Act in relation to the authorisation of the person as a provider of a taxi service, any contraventions by the person of the 1990 Act or the regulations under that Act may be taken into account.
This clause does not extend to any offence committed on or after the commencement of Part 3 of this Act or in relation to the use of a bus.
This clause applies to the following persons as if they were the holders of a taxi-cab network authorisation referred to in subclause (1)—
(a) a person who, immediately before the commencement of Part 3 of this Act, was an accredited operator of a taxi service and exempt from the requirements of section 31G of the 1990 Act,
(b) a person who, immediately before the commencement of Part 3 of this Act, was an accredited operator of a taxi service operating outside the Metropolitan, Newcastle or Wollongong transport districts and who operated the service without being affiliated with a taxi-cab network.
A person who was, immediately before the commencement of Part 3 of this Act, an accredited operator of a public passenger service by means of a private hire vehicle under the 1990 Act is taken to be an authorised provider of a booking service under this Act and this Act applies accordingly.
A person who was, immediately before the commencement of this Act, an accredited operator of a tourist service provided by means of motorcycles or four wheel drive vehicles under the 1990 Act is taken to be an authorised provider of a booking service under this Act and this Act applies accordingly.
The person may be authorised under this Act even if the person had, before that commencement, been convicted of a disqualifying offence, unless the Commissioner determines that the person should not, because of that conviction, be so authorised.
The Commissioner must give written notice to the person of a determination under this clause. Any such determination is a reviewable decision for the purposes of section 145.
Any disciplinary action commenced, but not finally determined under the 1990 Act, against the person is to be dealt with under this Act.
For the purposes of taking action under this Act in relation to the authorisation of the person as a provider of a booking service, any contraventions by the person of the 1990 Act or the regulations under that Act may be taken into account.
This clause does not extend to any offence committed on or after the commencement of Part 3 of this Act.
A determination made under the 1990 Act, and in force under section 32C of that Act immediately before the commencement of Part 4 of this Act, is taken to have been made under section 71 of this Act.
This clause applies to a person who was, immediately before the commencement of Part 3 of this Act, the holder of a driver authority under the 1990 Act that authorised the person to drive a taxi-cab or a private hire vehicle.
The person may drive a vehicle that provides a passenger service under this Act even if the person had, before that commencement, been convicted of an offence that would prevent the person from being eligible to drive a vehicle for that purpose under this Act, unless—
(a) the conviction was for a serious disqualifying offence and the Commissioner has provided the person with notice of this clause, or
(b) the conviction was for an offence other than a serious disqualifying offence and the Commissioner determines that the person should not, because of the conviction, be a driver for a passenger service.
A determination under subclause (2) (b) is a reviewable decision for the purposes of section 145.
The Commissioner must give written notice to the person, and any provider of a passenger service or booking service for which the person is a driver or that provides services to the person, of a determination under this clause.
If the Commissioner becomes aware that a person has been convicted for a serious disqualifying offence occurring before the commencement of Part 3 of this Act, the Commissioner may give written notice of this clause to the person and to any provider of a passenger service or booking service for which the person is a driver or that provides services to the person.
This clause does not extend to any offence committed on or after the commencement of Part 3 of this Act.
In this clause,
(a) an offence of murder or manslaughter, or
(b) an offence under section 61B, 61C, 61D, 61E, 61F, 65A, 66, 67, 68, 71, 72, 73 (before its substitution by the Crimes Amendment (Sexual Offences) Act 2003), 74, 76, 78H, 78I, 78K, 78L, 78N, 78O, 78Q or 81 of the Crimes Act 1900, or
(c) an offence under section 21, 25A, 26, 27, 28, 61I, 61J, 61JA, 61K, 61L, 61M, 61N, 61O, 66A, 66B, 66C, 66D, 66EA, 66EB, 66F, 73, 78A, 80A, 80D, 80E, 91D (1) (a) or (b), 91E, 91F, 91G or 91H of the Crimes Act 1900, or
(d) an offence under a law of another State or Territory, the Commonwealth or a foreign jurisdiction that, if committed in New South Wales, would constitute an offence listed in this subclause.
An existing fares order continues to apply to the provision of a taxi service or other passenger service to which it applied immediately before the commencement of Part 5 of this Act but is taken to have been made under this Act. Accordingly, the order may be amended or revoked under this Act.
This clause applies to a person—
(a) who provides a passenger service that uses a motor vehicle seating not more than 12 persons and not less than 8 persons to transport passengers, and
(b) who, immediately before the commencement of Part 3 of this Act, held an accreditation under the 2014 Act or 1990 Act to operate a bus service under that Act using the motor vehicle.
The person is not required to obtain an authorisation under this Act in relation to any booking service provided for bookings for any passenger service, or any taxi service provided by the motor vehicle, for the period of 12 months commencing on the commencement of Part 3 of this Act.
During that period—
(a) the person is taken to be the operator of a public passenger service under the 2014 Act or 1990 Act, as the case requires, and
(b) the provisions of that Act and any regulations made under that Act that are applicable to the operator of a public passenger service continue to apply to the person, and
(c) the requirements of this Act relating to a provider of a booking service or a passenger service do not apply in respect of anything done by the person to or in relation to the service while an accreditation referred to in subclause (1) (b) is in force for the service.
Subclauses (2) and (3) cease to apply to a person if the person obtains any required authorisation or taxi licence that would, but for this clause, be required by this Act to be obtained by the person in respect of the passenger service or vehicle.
Despite clauses 8, 9 and 10 of this Part, a person is not taken to be an authorised provider of a taxi service or booking service unless the Commissioner is satisfied that the person, immediately before the commencement of Part 3 of this Act—
(a) was an accredited operator of a service referred to in any of those clauses, and
(b) carried on the business of providing the service concerned.
The Commissioner must, as soon as practicable after determining whether or not a person satisfies subclause (1), notify the person in writing as to whether or not the person is to be taken to be an authorised provider of a taxi service or booking service.
The notice must also advise a person who is not taken to be an authorised provider that the person may apply for authorisation under this Act.
Any investigation being carried out by IPART before the commencement of section 72 or 74 of this Act, and relevant to the matters with respect to which IPART may exercise functions under either of those sections, may continue and the functions are taken to be being exercised for the purposes of section 72 or 74, as the case requires.
The first taxi licence determination under section 71 of this Act for taxi licences for taxis operating outside the Metropolitan transport district is to be determined before 1 July 2018.
In this Act,
This clause ceases to apply in respect of a motor vehicle—
(a) on the day that is 10 years after the commencement of Part 4 of this Act, or
(b) when the vehicle ceases to be used to provide a passenger service.
In this Part—
(a) a taxi licence issued before the start of the transitional period, or
(b) the following licences continued in force under this Schedule, Part 2—
(i) an annual taxi licence,
(ii) an ordinary taxi licence,
(iii) a short term taxi licence.
(a) means the person who provides a taxi service under the licence, but
(b) does not include a person who only facilitates the provision of a taxi service under the licence.
(a) starting on the commencement of this Part, and
(b) ending on the commencement of clause 26.
Clauses 6 and 7 cease to have effect at the start of the transitional period.
The Commissioner must not grant an application for a taxi licence made during the transitional period unless—
(a) the applicant nominates an existing licence that is in force (the
nominated licence ) to be replaced by the taxi licence, and(b) the Commissioner is satisfied the applicant was, at the start of the transitional period, the holder of the nominated licence.
On the granting of an application for a taxi licence made during the transitional period—
(a) the nominated licence is cancelled, and
(b) the Commissioner must, within 21 days, give written notice of the cancellation to the person listed as the owner of the nominated licence on the taxi licence register kept by the Commissioner, and
(c) the taxi licence is issued to the applicant subject to a condition that the taxi must, during the transitional period, be used only to provide a taxi service within the area of operation, if any, specified for the nominated licence immediately before its cancellation.
Subclause (2)(c)—
(a) applies despite the repeal of section 56, and
(b) does not apply to the provision of transport by a taxi that results from a booking, and
(c) does not limit the conditions to which the taxi licence may otherwise be subject.
This clause does not apply to an application for a taxi licence for a wheelchair accessible taxi.
An application for a taxi licence made during the transitional period is not required to be accompanied by a fee prescribed under section 51(3)(c).
Section 130(2) does not apply to the holder of a nominated licence cancelled by clause 21(2)(a) if the number-plates allocated under the nominated licence are allocated under the taxi licence issued to the holder on the granting of the application for a taxi licence made during the transitional period.
A decision to refuse, or a failure to grant, an application for a taxi licence made during the transitional period is not a reviewable decision, despite section 145(2)(a).
This clause does not apply to an application for a taxi licence for a wheelchair accessible taxi.
A licence fee, or part of a licence fee, payable for an existing licence ceases to be payable on the cancellation of the licence by clause 21(2)(a) or 26.
On the commencement of this clause, each existing licence that is in force is cancelled.
In this Schedule—
The regulations may make provision about further transitional assistance funds, including the following—
(a) the persons who are eligible to receive further transitional assistance funds,
(b) the amount payable, or the method for determining the amount payable, to eligible applicants,
(c) proof of eligibility,
(d) applications for further transitional assistance funds,
(e) the period within which applications may be made,
(f) the determination of applications for further transitional assistance funds,
(g) conditions on payment of further transitional assistance funds,
(h) the provision of additional information or records by applicants,
(i) reviews of decisions about applications,
(j) the determination or approval of a matter referred to in paragraphs (a)–(i) by TfNSW.
To avoid doubt, the regulations may make provision about further transitional assistance funds before the commencement of Schedule 2, clauses 21(2)(a) and 26.
Further transitional assistance funds must be provided—
(a) from money appropriated, but not used, for the purpose of providing assistance funds under this Schedule before its substitution by the Point to Point Transport (Taxis and Hire Vehicles) Amendment Act 2022, or
(b) from money otherwise appropriated by Parliament.
The Minister may determine that a person who engages in improper conduct in relation to an application for, or payment of, further transitional assistance funds is not entitled to be paid further transitional assistance funds.
The Minister may, by written notice, require a person who receives an amount of further transitional assistance funds to repay the amount if the Minister reasonably believes the person has engaged in improper conduct, whether in relation to—
(a) that amount, or
(b) other further transitional assistance funds paid to the person.
An amount of further transitional assistance funds required to be repaid under this clause may be recovered by the Secretary of the Department of Transport in a court of competent jurisdiction as a debt due to the Crown.
In proceedings instituted for the recovery of a debt due to the Crown under this clause, a certificate of the Minister that a specified amount is the amount of the debt is evidence of that fact.
In this clause—
(a) doing or omitting to do a thing for the purpose of misrepresenting eligibility to receive further transitional assistance funds,
(b) making a statement, or giving information, knowing it is false or misleading in a material particular—
(i) in, or in relation to, an application for further transitional assistance funds, or
(ii) for the purpose of obtaining or keeping further transitional assistance funds,
(c) transferring a taxi-cab licence, or engaging in or facilitating any other transaction involving a licence granted under the Passenger Transport Act 1990, for the purpose of—
(i) altering an entitlement to receive further transitional assistance funds, or
(ii) gaining further transitional assistance funds.
This Schedule is repealed on a day appointed by proclamation.
In this Schedule—
This Schedule, and any regulations made under this Schedule, are to be read together with the Taxation Administration Act 1996 (other than Division 2 of Part 7 of that Act).
The following are
(a) taking a booking for a taxi or hire vehicle to provide a passenger service to a person (whether the passenger service is to be provided by the provider who takes the booking or another person),
(b) the provision of a taxi service (other than as a result of the taking of a booking by the provider of the taxi service).
If a taxi service is provided by a person as an affiliated provider, the provider who facilitates the taxi service is, for the purposes of this Schedule, taken to be the provider of the taxi service.
To avoid doubt, taking a booking for a passenger service, or providing a passenger service, for transport that commences in this State and ends in another State or a Territory is a passenger service transaction.
A person who, during any assessment period, was the provider of a taxi service or booking service is liable to pay, on or before the last day of the following assessment period or on such other day as may be specified by the assessor, the levy for the preceding assessment period calculated in accordance with clause 4.
This Schedule is a taxation law for the purposes of the Taxation Administration Act 1996 and the provisions of that Act applying to assessment and payment of taxes apply to the levy (subject to any modifications made by or under this Schedule).
The amount of the levy is the following for each passenger service transaction by the provider of a passenger service or booking service that occurred in the assessment period for which the levy is payable—
(a) for a transaction before 1 July 2023—$1,
(b) for a transaction on or after 1 July 2023—$1.20.
If it is not reasonably practicable to determine the whole or part of the amount of levy payable based on actual passenger service transactions during an assessment period, the amount payable may be calculated on an estimated basis in accordance with the regulations.
The assessor is to determine whether or not it is reasonably practicable to determine the whole or part of the amount of levy payable based on actual passenger service transactions during an assessment period and may, for that purpose, issue written guidelines for use by persons who may be liable to pay the levy.
A person is not liable to pay the levy for taking a booking for a taxi or hire vehicle to provide a passenger service if—
(a) the passenger service is not provided for any reason, or
(b) the transport commences in another State or a Territory, or
(c) another provider is already liable to pay the levy for taking a booking to provide the service.
The taking of a booking for a taxi or hire vehicle to provide a passenger service to transport more than 1 passenger in a taxi or hire vehicle, or that results in the passengers being transported to different destinations, is taken to be 1 passenger service transaction.
A person is not liable to pay the levy for providing a taxi service to a person if—
(a) the transport commences in another State or a Territory, or
(b) the person provides the taxi service as an affiliated provider.
A provider of a taxi service or booking service who is liable to pay the levy must apply to the Point to Point Transport Commissioner in accordance with this clause to be registered as a taxpayer for the purposes of this Schedule.
Maximum penalty—100 penalty units.
An application is to be in the form approved by the Point to Point Transport Commissioner.
A person who, during any assessment period, was the provider of a passenger service or booking service must, on or before the last day of the following assessment period, furnish a return to the Point to Point Transport Commissioner in relation to the passenger service transactions of the provider for the preceding assessment period.
The Point to Point Transport Commissioner may enter into an arrangement with the Chief Commissioner for the purposes of sharing information held by either of them that is relevant to liability for or payment of the levy or is otherwise connected with the levy.
Under an information sharing arrangement, each party to the arrangement is, despite any other provision of this Act or other law of this State, authorised—
(a) to request and receive information held by the other party to the arrangement, and
(b) to disclose information to the other party or another person specified in the arrangement,
but only to the extent that the information is sought or disclosed to assist the administration and collection of the passenger service levy.
This clause does not limit the operation of any law under which the Point to Point Transport Commissioner or the Chief Commissioner is authorised or required to disclose information to another person or body.
The Point to Point Transport Commissioner may exercise any functions delegated to the Point to Point Transport Commissioner by the Chief Commissioner under the Taxation Administration Act 1996.
The Point to Point Transport Commissioner may sub-delegate any functions so delegated to any person to whom the Commissioner may delegate a function under section 140.
The Point to Point Transport Commissioner may, for the purposes of the levy, exercise any functions of the Chief Commissioner under the Taxation Administration Act 1996 with respect to assessment or reassessment of tax liability or under Part 10 of that Act with respect to a decision of the Point to Point Transport Commissioner as to an assessment or otherwise in connection with the levy. Division 2 of that Part applies to a decision made by the Point to Point Transport Commissioner in the same way as it applies to a decision made by the Chief Commissioner.
For the purposes of determining liability for the levy and other matters related to payment or collection of the levy an authorised officer may exercise the functions—
(a) conferred by Division 2 of Part 7 of this Act, and the functions conferred on an authorised officer, and
(b) conferred on an authorised officer under Division 2 of Part 9 of the Taxation Administration Act 1996.
Regulations may be made for or with respect to the following matters—
(a) the provision of information by providers of passenger services or booking services, owners of taxis or hire vehicles or drivers of taxis and hire vehicles for the purposes of determining the levy payable by the provider of a taxi service or a booking service,
(b) assessments and reassessments of taxation liability,
(c) passenger service transactions that are or are not liable for the levy,
(d) arrangements for the payment of the levy by persons liable to pay the levy,
(e) rebates of levy,
(f) regulating the collection and payment of levy amounts by, and recovery of amounts so collected from, drivers, affiliated providers or owners of motor vehicles used to provide passenger services who are not liable to pay the levy,
(g) the circumstances, arising out of a provider’s inability to recover amounts of levy collected by a driver, an affiliated provider or an owner of a motor vehicle used to provide passenger services who is not liable to pay the levy, in which liability to pay the levy may be reduced or waived,
(h) modifying the operation of the Taxation Administration Act 1996 for the purposes of this Schedule.
To avoid doubt, a regulation made under this clause that requires a driver or bailee to make a payment to the provider of a passenger service or booking service is in addition to any other payment that the person is required to make under a determination under the Industrial Relations Act 1996 applying to the person.
It is a condition of the authorisation of a provider of a taxi service or booking service who is liable to pay the levy that the provider pays the levy in accordance with this Schedule and the regulations made under this Schedule.
A person who is liable to pay the levy may give a driver or other person who collects amounts paid for fares for a passenger service transaction in respect of which an amount of levy is payable directions as to the collection or payment of any amount allocated for the levy.
A person must not fail to comply with any reasonable direction given under subclause (1).
Maximum penalty—20 penalty units.
The levy is not payable for any passenger service provided on or after the levy repeal day.
The
(a) 1 January 2031, or
(b) an earlier day specified by the Minister by order published in the Gazette.
An order under this clause cannot be amended or revoked after the levy repeal day specified in the order.
(Repealed)
Point to Point Transport (Taxis and Hire Vehicles) Act 2016 No 34. Assented to 28.6.2016. Date of commencement of the long title and Sch 4, 1.2.2018, sec 2 (1) and 2018 (14) LW 25.1.2018; date of commencement of Parts 1, 9 and 11, cl 1 of Sch 2, Sch 3 and Sch 5 [25], assent, sec 2 (2); date of commencement of Parts 2–8 and Schs 1, 2 (except cl 1), 5 (except item [25]), 6 and 7, 1.11.2017, sec 2 (1) and 2017 (577) LW 20.10.2017; date of commencement of Part 10, 8.7.2016, sec 2 (1) and 2016 (423) LW 8.7.2016. This Act has been amended as follows—
(424) | Point to Point Transport (Taxis and Hire Vehicles) Regulation 2017. LW 18.8.2017. Date of commencement of Sch 4, 1.11.2017, cl 2 (1) and 2017 (577) LW 20.10.2017. | |
No 61 | Road Transport and Related Legislation Amendment Act 2017. Assented to 23.11.2017. Date of commencement of Sch 3, assent, sec 2 (3). | |
(60) | Point to Point Transport (Taxis and Hire Vehicles) Amendment (Miscellaneous) Regulation 2019. LW 8.2.2019. Date of commencement, on publication on LW, cl 2. | |
No 10 | Justice Legislation Amendment Act 2019. Assented to 26.9.2019. Date of commencement of Sch 1.19, assent, sec 2 (1). | |
(703) | Point to Point Transport (Taxis and Hire Vehicles) Amendment (Miscellaneous) Regulation 2020. LW 4.12.2020. Date of commencement, on publication on LW, cl 2. | |
No 30 | Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of amendments made by Sch 4, 22.1.2021, sec 2(4). | |
No 22 | Road Transport Legislation Amendment Act 2021. Assented to 20.10.2021. Date of commencement of Sch 5.7, assent, sec 2(2) and 2018 No 163 of the Commonwealth. | |
No 79 | Point to Point Transport (Taxis and Hire Vehicles) Amendment Act 2022. Assented to 28.11.2022. Date of commencement of Sch 1[1] [2] [4] [6] [13] [15] [17] [18] [20] [21] [23] and [26], 8.12.2022, sec 2(b)(ii) and 2022 (747) LW 7.12.2022; date of commencement of Sch 1[3] [5] [7] [8] [10]–[12] [16] [19] [22] and [24], 1.2.2023, sec 2(b)(ii) and 2022 (777) LW 16.12.2022; date of commencement of Sch 1[9] [14] and [25], 1.8.2023, sec 2(b)(ii) and 2023 (343) LW 30.6.2023; date of commencement of Sch 1[27] and [28], assent, sec 2(a). |
This Act has been amended by sec 30C of the Interpretation Act 1987 No 15.
Sec 3 | Am 2017 No 61, Sch 3 [1]; 2020 No 30, Sch 4.69[1]; 2022 No 79, Sch 1[1]. |
Sec 4 | Am 2022 No 79, Sch 1[2]. |
Sec 22 | Am 2022 No 79, Sch 1[3]. |
Sec 24 | Am 2017 No 61, Sch 3 [2]. |
Sec 25 | Am 2020 No 30, Sch 4.69[2]. |
Sec 30 | Am 2022 No 79, Sch 1[4]. |
Sec 46A | Ins 2017 No 61, Sch 3 [3]. |
Sec 47 | Am 2022 No 79, Sch 1[5]. |
Sec 51 | Am 2022 No 79, Sch 1[6] [7]. |
Sec 53 | Rep 2022 No 79, Sch 1[8]. |
Sec 56 | Rep 2022 No 79, Sch 1[9]. |
Sec 58 | Subst 2022 No 79, Sch 1[10]. |
Part 4, Div 4 | Rep 2022 No 79, Sch 1[11]. |
Sec 62 | Rep 2022 No 79, Sch 1[11]. |
Sec 63 | Rep 2022 No 79, Sch 1[11]. |
Part 4, Div 5 | Rep 2022 No 79, Sch 1[12]. |
Sec 64 | Rep 2022 No 79, Sch 1[12]. |
Sec 65 | Rep 2022 No 79, Sch 1[12]. |
Sec 66 | Rep 2022 No 79, Sch 1[12]. |
Sec 67 | Am 2017 No 61, Sch 3 [4]. Rep 2022 No 79, Sch 1[12]. |
Sec 68 | Rep 2022 No 79, Sch 1[12]. |
Sec 69 | Am 2022 No 79, Sch 1[13]–[15]. |
Sec 69A | Ins 2017 No 61, Sch 3 [5]. |
Part 4, Div 7 | Rep 2022 No 79, Sch 1[16]. |
Sec 70 | Rep 2022 No 79, Sch 1[16]. |
Sec 71 | Rep 2022 No 79, Sch 1[16]. |
Sec 72 | Rep 2022 No 79, Sch 1[16]. |
Sec 73 | Rep 2022 No 79, Sch 1[16]. |
Sec 74 | Am 2022 No 79, Sch 1[17]. |
Sec 75 | Am 2022 No 79, Sch 1[18]. |
Sec 115A | Ins 2017 No 61, Sch 3 [6]. |
Sec 130 | Am 2017 No 61, Sch 3 [7] [8]; 2020 No 30, Sch 4.69[3]. |
Sec 136 | Am 2017 No 61, Sch 3 [9]; 2019 No 10, Sch 1.19; 2021 No 22, Sch 5.7. |
Sec 139A | Ins 2017 No 61, Sch 3 [10]. |
Sec 145 | Am 2017 No 61, Sch 3 [11]. |
Sec 149 | Am 2020 No 30, Sch 4.69[4]. |
Sec 155 | Am 2022 No 79, Sch 1[19]. |
Sec 157 | Am 2022 No 79, Sch 1[20]. |
Sec 161 | Ins 2022 No 79, Sch 1[21]. |
Sch 1 | Am 2022 No 79, Sch 1[22] [23]. |
Sch 2 | Am 2017 (424), Sch 4 [1]–[8]; 2019 (60), Sch 1 [1]–[4]; 2020 (703), Sch 1; 2022 No 79, Sch 1[24] [25]. |
Sch 3 | Subst 2022 No 79, Sch 1[26]. |
Sch 4 | Am 2022 No 79, Sch 1[27] [28]. |
Sch 5 | Am 1987 No 15, sec 30C. Rep 1987 No 15, sec 30C. |
Schs 6, 7 | Rep 1987 No 15, sec 30C. |
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