Public Transport Authority Amendment Regulations 2023 (WA)
16 June 2023 GOVERNMENT GAZETTE, WA 1727 TRANSPORT
TN301
Public Transport Authority Act 2003
Government Railways Act 1904 Transport Co-ordination Act 1966
Public Transport Authority Amendment
Regulations 2023
SL 2023/75
Made by the Governor in Executive Council.
1. Citation
These regulations are the Public Transport Authority
Amendment Regulations 2023.
2. Commencement
These regulations come into operation as follows —
(a)
regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
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(b) the rest of the regulations on the day after that day. 3. Regulations amended
These regulations amend the Public Transport Authority
Regulations 2003.4. Regulation 3 amended
(1) In regulation 3 delete the definition of electronic ticket. (2) In regulation 3 insert in alphabetical order: electronic ticket means
(a) a payment application; or (b) a payment device; payment application means a software application
issued or approved by the Authority that
(a) receives, stores, processes or transfers data; and (b)
runs on a physical device that can be read by the Authority's reading apparatus so as to establish whether a person is authorised to make a journey;
payment device means a physical device issued or
approved by the Authority that
(a) receives, stores, processes or transfers data; and (b) can be read by the Authority's reading apparatus so as to establish whether a person is authorised to make a journey;
5. Regulation 4A amended
(1) At the beginning of regulation 4A insert:
(1) A person using an electronic ticket must, before or at
the start of a journey, obtain confirmation from the
Authority's reading apparatus of authorisation to make
the journey.
(2) In regulation 4A
(a) delete "The Authority" and insert: (2) The Authority
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(b) delete "to conditions" and insert: to other conditions
Note: The heading to amended regulation 4A is to read:
Use of ticket
6. Regulation 5 amended
Delete regulation 5(2) and insert:
(2) An electronic ticket is valid for a journey unless
(a) the person using the ticket does not comply with regulation 4A( 1); or (b) the ticket is not being used in accordance with any other condition on which it was issued or approved; or (c) a current certificate or concession card is required to be held by a person as a condition of the use of the ticket on the journey and that certificate or concession card is not presented on demand to a driver, master or authorised person.
7. Regulation 6 amended
(1) In regulation 6(1) delete "is not in possession of a ticket that is
valid for the journey" and insert:does not produce a ticket that is valid for the journey to a driver, master or authorised person on demand made at the start or end of the journey or at any time during the journey
(2) Delete regulation 6(1A). 8. Regulation 6A amended
(1) In regulation 6A(2) delete "is within the closed area of a railway
station and is not in possession of an appropriate ticket" and
insert:does not produce an appropriate ticket to a driver or authorised
person on demand made when the person enters or exits the
closed area of a railway station or at any time while the person
is within the closed area(2) Delete regulation 6A(3).
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9. Regulation 11 amended
Delete regulation 11(3) and insert:
(3) This regulation does not limit the operation of the
Tobacco Products Control Regulations 2006.
10. Regulation 12 amended
Delete regulation 12(4) and (5).
11. Regulation 44 amended
Delete regulation 44(3) and (4) and insert:
(3) A driver, master or authorised person may retain a
payment device produced to the driver, master or
authorised person under regulation 6 or 6A if —
(a)
the payment device was issued by the Authority; and
(b)
a person is registered with the Authority as the user of the payment device; and
(c)
the registered user has notified the Authority that the payment device has been lost or stolen.
(4) A driver, master or authorised person may retain a
payment device produced to the driver, master or authorised person under regulation 6 or 6A if —
(a)
the payment device was issued by the Authority; and
(b)
a person is registered with the Authority as the user of the ticket; and
(c) the ticket is not valid under regulation 5(2)(b)
because it is not being used in accordance with a condition that it be used only by the registered
user.
16 June 2023 GOVERNMENT GAZETTE, WA 1731 12. Schedule 2 amended
(1) Delete Schedule 2 Form 1 and insert:
Form 1
Public Transport Authority Act 2003
Public Transport Authority Regulations 2003
Infringement notice
Serial No.
1. To:
Family name Given names
of:
Number Street
Suburb Postcode
It is alleged that on the day of 20
at about am/pm you committed the offence indicated below —
2. Regulation Offence Modified
penalty0
3. If you do not wish to be prosecuted for the alleged offence in a court, the amount of money specified in this notice as being the modified penalty for the offence may be paid to the Public Transport Authority within a period of 28 days after receiving this notice.
4. If the modified penalty is not paid within the time specified in paragraph 3 you may be prosecuted for the alleged offence in a court.
5. Please see the reverse side of this form for details of the ways in which the modified penalty may be paid.
Note: If you require an extension of time to pay the modified penalty or
if you believe you have good reason to request this Authority to
consider withdrawing this infringement notice, you must sendyour written reasons to [Address].
[Reverse side]
[Details of payment options for paying modified penalty]
(2) In Schedule 2 Form 2 delete "Ms/Mr".
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13. Various penalties amended
In the provisions listed in the Table
(a) delete "Modified penalty:" and insert: Modified penalty for this subregulation:
(b) delete "Penalty:" and insert: Penalty for this subregulation:
Table
r. 9(1) r. 11(1) and (2) r. 16(1) and (2) r. 17(1) and (2) r. 25(4) r. 28(1) r. 33C(1) and (2) r. 331)(3) r. 37(2) 14. Various provisions amended to remove gender-specific
languageAmend the provisions listed in the Table as set out in the Table.
Table
Provision Delete Insert
r. 9(2) his or her their r. 19 his or her the person's
r. 23(a) his or her the person's r. 40 his or her the officer's r. 41(l)(c) him or her the person r. 41 (1)(h) and (j) he or she the person r. 42 he or she (each the person occurrence) that person the person 16 June 2023 GOVERNMENT GAZETTE, WA 1733
Provision Delete Insert
r. 43(a) him or her the person r. 43(d)(i) his or her the person's r. 43(g) he or she the person N. HAGLEY, Clerk of the Executive Council.
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