Road Transport Legislation Amendment Act 2006 (ACT)

Road Transport Legislation Amendment Act 2006

A2006-26

Contents

Page

Part 1Preliminary

1. Name of Act  2

2. Commencement  2

Part 2Road Transport (Public Passenger Services) Act 2001

1. Legislation amended—pt 2  3

2. Offences against Act—application of Criminal Code etc

   
   

   Section 4A, note 1, new dot points  3

3. Taxi network providers—regulations about accreditation system

   
   

   Section 31 (1) (a)  3

4. Section 31 (1) (b) to (d)  3

5. Sections 32 and 33  3

6. Pretending to be an accredited taxi network provider

   
   

   Section 34 (2)  4

7. Section 41  4

8. Regulations about taxi licences

   
   

   Section 44 (1) (b)  5

9. Entitlement to operate taxi services

   
   

   Section 51 (c)  5

10. Section 54  5

11. Miscellaneous

    
    

    Part 9  6

12. New part 9 heading  6

13. Dictionary, new definitions  6

Part 3Road Transport (Public Passenger Services) Regulation 2002

1. Legislation amended—pt 3  7

2. Accreditations that may be approved

   
   

   Section 5 (2)  7

3. Enforcement

   
   

   Chapter 7 heading  7

4. Purpose of powers under ch 7

   
   

   Section 229 heading  7

5. Section 229  8

6. Section 229 (a)  8

7. Power to inspect maintenance facilities

   
   

   Section 231 (1)  8

8. Section 231 (4) (b) and (c)  8

9. Section 231 (5)  9

10. Section 231 (7)  9

11. Power to inspect and test vehicles

    
    

    Section 232 (2) (b)  9

12. Attachment and removal of noncompliance notices

    
    

    Section 234 (1)  9

13. Section 234  10

14. Police officer or authorised person—power to require name and address etc

    
    

    Section 235 (1)  10

15. Section 235 (1), new note  10

16. Sections 229 to 235 (as amended)  10

17. New part 8.7  11

18. Dictionary, definitions of inspect, noncompliance notice and time of effect 11

Part 4Road Transport (Vehicle Registration) Act 1999

1. Legislation amended—pt 4  12

2. Sections 3, 4 and 5  12

3. New section 5  12

4. New division 2.3  13

5. Dictionary  15

6. Dictionary, new definition of approved premises  15

Part 5Road Transport (Vehicle Registration) Regulation 2000

1. Legislation amended—pt 5  16

2. Inspections

   
   

   Section 151  16

3. Inspection of approved premises and equipment

   
   

   Section 151A  16

Road Transport Legislation Amendment Act 2006

A2006-26

An Act to amend the Road Transport (Public Passenger Services) Act 2001, the Road Transport (Public Passenger Services) Regulation 2002, the Road Transport (Vehicle Registration) Act 1999 and the Road Transport (Vehicle Registration) Regulation 2000

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1Preliminary

1. Name of Act

   This Act is the Road Transport Legislation Amendment Act 2006.

2. Commencement

   This Act commences on a day fixed by the Minister by written notice.

   Note 1The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

   Note 2A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

   Note 3If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).

Part 2Road Transport (Public Passenger Services) Act 2001

1. Legislation amended—pt 2

   This part amends the Road Transport (Public Passenger Services) Act 2001.

2. Offences against Act—application of Criminal Code etc
   Section 4A, note 1, new dot points

   insert

   ·     s 33 (Operating taxi network without entitlement)

   ·     s 54 (Taxi service operators to be affiliated with taxi network)

   ·     a provision of pt 9 (Enforcement)

3. Taxi network providers—regulations about accreditation system
   Section 31 (1) (a)

   omit

4. Section 31 (1) (b) to (d)

   renumber as paragraphs 31 (1) (a) to (c)

5. Sections 32 and 33

   substitute

6. Entitlement to operate taxi networks

   A person is entitled to operate a taxi network, in or partly in the ACT, if the person is accredited under the regulations to operate a taxi network.

7. Operating taxi network without entitlement

   (1)A person commits an offence if—

   (a)the person operates, in or partly in the ACT, a taxi network; and

   (b)the person is not accredited under the regulation to operate a taxi network.

   Maximum penalty:  50 penalty units.

   (2)An offence against this section is a strict liability offence.

8. Pretending to be an accredited taxi network provider
   Section 34 (2)

   omit

9. Section 41

   substitute

10. Transferability of taxi licences

    (1)A taxi licence (other than a restricted taxi licence) issued before the commencement of the Road Transport Legislation Amendment Act 2006 (the amendment Act) is transferable.

    (2)A taxi licence (other than a restricted taxi licence) issued after the commencement of the amendment Act may be issued as a transferable or non-transferable taxi licence.

    (3)If the holder of a taxi licence mentioned in subsection (1), or of a taxi licence issued as a transferable taxi licence, asks the road transport authority to transfer the licence to someone else, the authority must transfer the licence to the person.

    (4)The following taxi licences are not transferable:

    (a)a taxi licence issued as a non-transferable taxi licence;

    (b)a restricted taxi licence.

    (5)A taxi licence mentioned in subsection (4) that is issued after the commencement of the amendment Act is issued subject to the condition that the licence-holder must not transfer the licence to anyone else.

    Example of transfer of licence

    The licence-holder hiring the licence to someone else.

    NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

11. Regulations about taxi licences
    Section 44 (1) (b)

    substitute

    (b)the term (if any) of taxi licences; and

12. Entitlement to operate taxi services
    Section 51 (c)

    substitute

    (c)the person is affiliated with an accredited taxi network provider.

13. Section 54

    substitute

14. Taxi service operators to be affiliated with taxi network

    (1)The accredited operator of a taxi service commits an offence if—

    (a)the operator operates a taxi service; and

    (b)the operator is not affiliated with an accredited taxi network provider.

    Maximum penalty:  50 penalty units.

    (2)An offence against this section is a strict liability offence.

15. Miscellaneous
    Part 9

    renumber as part 10

16. New part 9 heading

    insert

Part 9Enforcement

1. Dictionary, new definitions

   insert

   fittings, of a vehicle, includes the seats, seat covers and floor coverings of the vehicle.

   inspect a vehicle includes observe the performance of the vehicle or any of its equipment, with or without the use of instruments.

   noncompliance notice—see section 120 (1).

   time of effect, for a noncompliance notice—see section 120 (2) (b).

Part 3Road Transport (Public Passenger Services) Regulation 2002

1. Legislation amended—pt 3

   This part amends the Road Transport (Public Passenger Services) Regulation 2002.

2. Accreditations that may be approved
   Section 5 (2)

   substitute

   (2)The road transport authority may accredit people to operate taxi networks.

3. Enforcement
   Chapter 7 heading

   omit

4. Purpose of powers under ch 7
   Section 229 heading

   omit

   ch 7

   substitute

   pt 9

5. Section 229

   omit

   chapter

   substitute

   part

6. Section 229 (a)

   substitute

   (a)there has been compliance with, or a contravention of, this Act (including, for example, the conditions of an accreditation, taxi licence or hire car licence); or

7. Power to inspect maintenance facilities
   Section 231 (1)

   omit

   chapter

   substitute

   part

8. Section 231 (4) (b) and (c)

   substitute

   (b)require the person apparently in charge of the premises to give the police officer or authorised person any information the police officer or authorised person reasonably needs to inspect or test any equipment in the premises;

   (c)require the person apparently in charge of the premises to do anything else the police officer or authorised person reasonably needs to inspect or test any equipment in the premises.

9. Section 231 (5)

   omit

   request

   substitute

   requirement

10. Section 231 (7)

    after

    identity card

    insert

    for inspection

11. Power to inspect and test vehicles
    Section 232 (2) (b)

    substitute

    (b)get into or onto the vehicle and remain in or on the vehicle;

12. Attachment and removal of noncompliance notices
    Section 234 (1)

    omit

    chapter

    substitute

    part

13. Section 234

    omit

    this regulation

    substitute

    this Act

14. Police officer or authorised person—power to require name and address etc
    Section 235 (1)

    omit

    this regulation

    substitute

    this Act

15. Section 235 (1), new note

    insert

    NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

16. Sections 229 to 235 (as amended)

    relocate to Road Transport (Public Passenger Services) Act 2001, part 9 as sections 115 to 121

17. New part 8.7

    insert

Part 8.7Taxi network accreditations

1. Accreditations to operate taxi network

   (1)This section applies in relation to an accreditation to operate a taxi network that was in force immediately before the commencement of this section.

   (2)Despite section 5 (2) (Accreditations that may be approved), the accreditation continues in force for the remainder of its term unless it is sooner ended under this regulation.

2. Expiry of pt 8.7

   This part expires on 11 August 2011.

3. Dictionary, definitions of inspect, noncompliance notice and time of effect

   omit

Part 4Road Transport (Vehicle Registration) Act 1999

1. Legislation amended—pt 4

   This part amends the Road Transport (Vehicle Registration) Act 1999.

2. Sections 3, 4 and 5

   renumber as sections 2, 3 and 4

3. New section 5

   in part 1, insert

4. Offences against Act—application of Criminal Code etc

   Other legislation applies in relation to offences against this Act.

   Note 1Criminal Code

   The Criminal Code, ch 2 applies to the following offence against this Act (see Code, pt 2.1):

   ·     s 17B (5) (Power to inspect approved premises, records and equipment).

   The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

   Note 2Penalty units

   The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

5. New division 2.3

   insert

Division 2.3               Enforcement—approved premises

17APurpose of powers under div 2.3

The powers under this division may be exercised by a police officer or authorised person to decide whether—

(a)there has been compliance with, or a contravention of, this Act in relation to the inspection and testing of registrable vehicles; or

(b)approved premises and any equipment in the premises used or proposed to be used in, or in relation to, the inspection and testing of vehicles comply with this Act.

NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

17BPower to inspect approved premises, records and equipment

(1)For this division, a police officer or authorised person may, at any reasonable time, enter approved premises.

(2)The police officer or authorised person may—

(a)inspect records in the premises relating to inspections and tests of vehicles carried out at the premises for this Act; and

(b)inspect the premises; and

(c)inspect or test any equipment in the premises used or proposed to be used in, or in relation to, the inspection and testing of vehicles for this Act.

NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

(3)For subsection (2) (a), the police officer or authorised person may—

(a)require the person apparently in charge of the premises, or anyone else who has the custody or control of the records, to produce them to the police officer or authorised person for inspection; and

(b)make copies of, or take extracts from, a record and, for that purpose, may take possession of the record and, if necessary, keep it for not longer than 7 days.

(4)For subsection (2) (c), the police officer or authorised person may do any 1 or more of the following:

(a)operate any equipment in the premises;

(b)require the person apparently in charge of the premises to give the police officer or authorised person any information the police officer or authorised person reasonably needs to inspect or test any equipment in the premises;

(c)require the person apparently in charge of the premises to do anything else the police officer or authorised person reasonably needs to inspect or test any equipment in the premises.

(5)A person must take all reasonable steps to comply with a requirement made of the person by a police officer or authorised person under this section.

Maximum penalty:  20 penalty units.

(6)An offence against this section is a strict liability offence.

(7)An authorised person who enters approved premises under this section is not authorised to remain on the premises if, when asked by the person in charge of the premises, the authorised person does not produce his or her identity card for inspection.

1. Dictionary

   omit

(see s 4)

substitute

(see s 3)

1. Dictionary, new definition of approved premises

   insert

   approved premises—see section 15 (3) (b).

Part 5Road Transport (Vehicle Registration) Regulation 2000

1. Legislation amended—pt 5

   This part amends the Road Transport (Vehicle Registration) Regulation 2000.

2. Inspections
   Section 151

   omit

3. Inspection of approved premises and equipment
   Section 151A

   omit

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 30 March 2006.

2. Notification

   Notified under the Legislation Act on 14 June 2006.

3. Republications of amended laws

   For the latest republication of amended laws, see certify that the above is a true copy of the Road Transport Legislation Amendment Bill 2006, which was passed by the Legislative Assembly on 6 June 2006.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2006