Road Transport (Public Passenger Services) (Exemptions) Amendment Regulation 2015 (No 1) (ACT)

The Road Transport (Public Passenger Services) (Exemptions) Amendment Regulation 2015 (No 1) was challenged on the grounds that it was inconsistent with the parent Act, the Road Transport (Public Passenger Services) Act 2001, and thus invalid. The Regulation sought to regulate ridesharing services through the establishment of exemptions for certain activities and conditions that must be met to qualify for the exemptions. The applicant argued that the Regulation was inconsistent with the Act as it did not comply with the notice and maximum fare provisions set out in the Act.

The court examined whether the Regulation was consistent with the Act and if it provided adequate notice of the fare determinations and maximum fares. The court noted that the Regulation required the road transport authority to determine fares and notify the public, which aligned with the notice provisions in the Act. Additionally, the Regulation's provision that fares must not exceed the maximum fare determined by the Act satisfied the maximum fare provisions. The court concluded that the Regulation was consistent with the Act as it adhered to the notice and maximum fare provisions.

The court found in favour of the defendants, ruling that the Regulation was valid and consistent with the Act. The exemption for independent taxi booking services and ridesharing services, along with the associated conditions, were deemed valid. The applicant's challenge was dismissed, and no orders were made in favour of the applicant.