State Transport (Co-ordination) Amendment Act 1980 (NSW)
STATE TRANSPORT (CO-ORDINATION)
AMENDMENT ACT, 1980, No. 156
A N N O V I C E S I M O N O N O
ELIZABETHE II REGINE
Act No. 156, 1980.
A n A c t to a m e n d the State T ranspo r t (Co -o rd ina t i on ) Ac t , 1 9 3 1 , with respect to appl icat ions for licenses to opera te publ ic passenger vehicles within cer ta in local gove rnmen t areas , the var ia t ion of licenses and the m a k i n g of appeals against decisions relat ing to licenses. [Assented to, 11th December , 1980.]
See also Local Government (Public Vehicles) Amendment Act, 1980.
B E it enacted by the Queen's Most Excellent Majesty, by and with
the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—
1 . This Act may be cited as the "State Transport (Co
ordination) Amendment Act, 1980".
2. (1) This section and section 1 shall commence on the
date of assent to this Act.
(2) Except as provided in subsection ( 1 ) , this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.
3 . The State Transport (Co-ordination) Act, 1931, is referred
to in this Act as the Principal Act.
4 . This Act contains the following Schedules :—
SCHEDULE 1 . — A M E N D M E N T S TO THE PRINCIPAL A C T .
SCHEDULE 2 . — A M E N D M E N T S TO THE PRINCIPAL A C T FOR
THE PURPOSE OF M E T R I C CONVERSION.
SCHEDULE 3 . — A M E N D M E N T S TO THE PRINCIPAL A C T BY WAY OF STATUTE L A W REVISION.
| 5. Schedules 1-3. | The Principal Act is amended in the manner set forth in |
Where, immediately before the day appointed and notified under section 2 ( 2 ) , a person was entitled to exercise or perform any power, authority, duty or function conferred or imposed under the Principal Act, as in force immediately before that day, whether the power, authority, duty or function was expressed to be conferred or imposed on that person or another person or other persons, the amendments made to the Principal Act by section 5 and Schedule 3 do not affect the exercise or performance by the first-mentioned person, on and from that day, of any such power, authority, duty or function.
6 .
SCHEDULE I.
A M E N D M E N T S TO T H E PRINCIPAL A C T .
(1 ) ( a ) Section 3 ( 1 ) , definition of "Local government area"— After the definition of "Licensed", insert :—
"Local government area" has the meaning ascribed thereto in section 4 of the Local Government Act, 1919.
(b ) Section 3 ( 1 ) , definition of "Motor omnibus"— Before the definition of "Motor vehicle", insert :— "Motor omnibus" means a public motor vehicle fitted, equipped or constructed so as to seat more than 8 adult persons and in respect of which payment is or is intended to be received for the conveyance of any passengers along a public street.
SCHEDULE 1—continued.
A M E N D M E N T S TO THE PRINCIPAL ACT—continued. (c) Section 3 ( 1 ) , definition of "Private hire car"—
Before the definition of "Public motor vehicle", insert :—
"Private hire car" means a public motor vehicle (not being a motor omnibus) used or in tended to be used for the conveyance of persons which does not stand or ply for hire in a public street.
(d) Section 3 ( 1 ) , definition of "Public passenger vehicle"— After the definition of "Public motor vehicle", insert :— "Public passenger vehicle" means a motor omnibus, private hire car, taxi-cab or other public motor vehicle used or intended to be used for the conveyance of passengers.
(e) Section 3 ( 1 ) , definition of "Taxi-cab"— After the definition of "Store", insert :—
"Taxi-cab" means a public motor vehicle (not
being a motor omnibus) which plies or standsor is intended to ply or stand in a public street
for hire for the conveyance of passengers.
(f) Section 3 ( 1 ) , definition of "Transport district"— After the definition of "This Act", insert :—
"Transport district" means—
(a) the Metropolitan Transport District;
(b) the Newcastle and District Transport District;
(c) the Wollongong Transport District; or
(d) any other transport district,
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SCHEDULE 1—continued.
A M E N D M E N T S TO THE PRINCIPAL ACT—continued.
for the time being established by or under the
Transport Act, 1930.
(2 ) Section 14 (2) ( e ) —
Omit the paragraph.(3 ) Sections 14A, 14B—
After section 14, insert : —
14A. In respect of an application made under section 14 for a license to operate a public passenger vehicle within a local government area (not being a local government area wholly within a transport district), the Commissioner shall, unless the application is refused—
(a) forward a copy of the application, as soon as practicable after its receipt by him, to— (i) where it appears to the Commissioner that the application is for a license to operate the vehicle wholly within one and only one such local government area— the council of that area;
(ii) except as provided by subparagraph (iii), where it appears to the Commissioner that the application is for a licence to operate the vehicle within more than one such local government area—the council of the local government area from within which, in the opinion of the Commis sioner, the vehicle is to operate; or (iii) where it appears to the Commissioner that the application is for a license to operate, in accordance with a time-table, SCHEDULE 1—continued.
A M E N D M E N T S TO THE PRINCIPAL ACT—continued. a motor omnibus upon a route which passes through more than one such local government area—the council of each of those local government areas;
(b) request the council or each council, as the case may be, to which a copy of the application is forwarded under paragraph (a) to make representations to him, within a period of 30 days after the date on which the copy of the application is so forwarded, as to whether, in its opinion, the application should be granted, conditionally or unconditionally, or refused; and (c) defer dealing with the application until the expiration of the period referred to in paragraph ( b ) .
14B. The Commissioner may, at any time, consult with the council of a local government area concerning the operation or proposed operation within that local government area of a public motor vehicle or any other matter relating to a public motor vehicle.
| (4) | (a ) Section 17 (3) ( g ) — |
Omit "vehicle.", insert instead "vehicle; and".
(b ) Section 17 (3) ( h ) — After section 17 (3) (g ) , insert :—
(h) any representations made, within the period referred to in section 14A ( b ) , by a council to which a copy of the application was forwarded under section 14A ( a ) .
SCHEDULE 1—continued.
A M E N D M E N T S TO THE PRINCIPAL ACT—continued.
(5) Section 17A—
After section 17, insert :—
17A. (1) The holder of a license may, at any time during the currency of the license, apply to the Commis sioner to vary the license or any term, condition or authority contained in, of or attached to the license, except where the term, condition or authority is imposed in conformity with an express requirement of this Act or the regulations.
(2) An application under subsection (1) shall be made in the prescribed form and manner and shall contain particulars of the variation in respect of which the application is made.
(3) An application under subsection (1) shall be
accompanied by such fee, if any, as may be prescribed.
(4) Section 14A applies to and in respect of an application under subsection (1) which involves any change of or variation in a route on which a service is provided under a license to operate a motor omnibus
wholly within or from within a local government area (not being a local government area wholly within a transport district) in the same way as it applies to and in respect of an application referred to in that section. (5) Subsections (3 ) and (4) of section 17 apply to and in respect of an application under subsection (1) in the same way as those subsections apply to and in respect of an application for a license.
(6) Nothing in this section limits or affects any
power of the Commissioner under section 18 ( 1 1 ) .
SCHEDULE 1—continued.
A M E N D M E N T S TO THE PRINCIPAL ACT—continued.
| (6) | Section 2 4 — |
Omit the section, insert instead :—
24. ( 1 ) A person, being—
(a) an applicant for a license, the renewal of a license, the variation of a license or any term, condition or authority contained in, of or attached to the license or the transfer of a license;
(b) the holder of a license; or
(c) the council of a local government area (not being a local government area wholly within a transport district) in which an applicant for or the holder of a license proposes to operate or operates a public passenger vehicle,
who is dissatisfied with any decision of the Commissioner under this Act with respect to the application or license may appeal against that decision to the Transport Appeal Court established under section 167 of the Transport Act, 1930.
(2) The procedure with respect to an appeal under subsection (1) shall be as prescribed by the rules of the
Transport Appeal Court.
(3) Subsections (4) and (5) of section 168 of the Transport Act, 1930, apply to and in respect of an appeal under subsection (1) in the same way as they apply to and in respect of an appeal under section 168 (1) of that Act and in so applying those subsections the reference—
(a) in section 168 (4) of that Act t o—
(i) "this Act" shall be read and construed as if it were a reference to this Act; and
SCHEDULE 1—continued.
A M E N D M E N T S TO THE PRINCIPAL ACT—continued. (ii) "the regulations" shall be read and con
strued as if it were a reference to the
regulations made under this Act; and
(b) in section 168 (5) of that Act to "the Trust" shall be read and construed as if it were a
reference to the Commissioner.
(7) (a) Section 48 (8) (a) (iii) —
After "renewal,", insert "variation,".
(b) Section 48 (8) ( d l ) — After section 48 (8) ( d ) , insert :—
( d l ) the fixing of stands in public places for public motor vehicles and preventing the use of those
stands by private vehicles;
(8) Further Schedule—
Omit "Sections 1 to 15 inclusive.", insert instead :—
Sections 1 to 14 inclusive.
Section 15.
SCHEDULE 2.
A M E N D M E N T S TO THE PRINCIPAL A C T FOR THE
PURPOSE OF M E T R I C CONVERSION.
(1) (a) Section 18 ( 4 ) —
Omit "five-sixths of a cent" wherever occurring, insert instead "0.52 cents".
SCHEDULE 2—continued.
A M E N D M E N T S TO THE PRINCIPAL A C T FOR THE
PURPOSE OF M E T R I C CONVERSION—continued. (b) Section 18 ( 4 ) — Omit "mile", insert instead "kilometre".
(c) Section 18 ( 5 ) — Omit "mileage" wherever occurring, insert instead
"distance".
(d) Section 18 (5) —
Omit "two and one-half cents per ton", insert instead
"1.55 cents per tonne".
(e) Section 18 (5) —
Omit "mile", insert instead "kilometre".
(f) Section 18 (8) —
Omit "twenty miles", insert instead "35 kilometres".
| (2) | (a) Section 22 (4) ( a ) — |
Omit "five-sixths of a cent per mile", insert instead
"0.52 cents per kilometre".
(b) Section 22 (4) (b) —
Omit "two and one-half cents per ton", insert instead
"1.55 cents per tonne".
(c) Section 22 (4) (b) —
Omit "mile", insert instead "kilometre".
SCHEDULE 2—continued.
A M E N D M E N T S TO THE PRINCIPAL A C T FOR THE
PURPOSE OF M E T R I C CONVERSION—continued.
(3) Section 30 ( 2 ) — Omit "twenty miles" wherever occurring, insert instead
"35 kilometres".
SCHEDULE 3.
A M E N D M E N T S TO THE PRINCIPAL A C T BY WAY OF STATUTE L A W REVISION.
PART 1.
(1 ) Long title—
Omit "Acts, 1912-1930", insert instead "Act, 1912".
(2 ) (a) Section 3 ( 1 ) , definitions of "Board", "Chief Com
missioner"—
Omit the definitions. (b) Section 3 ( 1 ) , definition of "Commissioner"— Omit the definition, insert instead :—
"Commissioner" means the Commissioner for
Motor Transport.
(c)
Section 3 (1), definition of "Commissioner of Road Transport"—
Omit the definition.
SCHEDULE 3—continued.
A M E N D M E N T S TO THE PRINCIPAL A C T BY WAY OF STATUTE
L A W REVISION—continued. PART 1—continued.
(d)
Section 3 (1), definitions of "Main Roads Board", "Management Board"—
Omit the definitions.
(e) Section 3 ( 1 ) , definition of "Prescribed"—
Omit the definition.
(f) Section 3 ( 1 ) , definition of "Public motor vehicle"—
(i) Omit " ( i ) " , insert instead " ( a ) " . (ii) Omit "whatsoever, or", insert instead "whatso ever; or".
(iii)
Omit " ( i i ) " , insert instead " ( b ) " .
(g) Section 3 ( 1 ) , definition of "Public Service"—
Omit the definition.
(h)
Section 3 (1), definition of "Railway Commis sioners"—
Omit the definition.
(i) Section 3 ( 1 ) , definition of "Secretary"— Omit the definition.
(j) Section 3 ( 1 ) , definition of "Transport Trust"—
Omit the definition.
(k) Section 3 ( 2 ) — Omit the subsection.
SCHEDULE 3—continued.
A M E N D M E N T S TO THE PRINCIPAL A C T BY WAY OF STATUTE
L A W REVISION—continued. PART 1—continued.
(3) Sections 4, 5 and 6—
Omit the sections.
(4) Section 8—
Omit the section, insert instead :—
8. (1) The Minister may, at any time, require a person subject to his control and direction to furnish to him all such information as he may require.
(2) The Commissioner may, at any time, require a person subject to the control and direction of the Minister to furnish to him all such information as the Commissioner may require.
(3) A person subject to the control and direction of the Minister shall, at any time, allow the Minister, the Commissioner or any officer authorised by the Minister or the Commissioner to inspect all books, papers, documents, accounts, buildings, property and places under his or its control.
(5) Section 10 ( 2 ) , ( 3 ) — Omit the subsections.
(6) (a) Section 11 ( 1 ) , ( 2 ) — Omit the subsections, insert instead :—
(1) For the purposes of the administration of this
Act, the Commissioner may, with the approval of the
Minister and of the Department or public authoritySCHEDULE 3—continued.
A M E N D M E N T S TO THE PRINCIPAL A C T BY WAY OF STATUTE
L A W REVISION—continued. P A R T 1—continued.
concerned and on such terms as may be arranged, make use of the facilities, or the services of any officers, employees or servants, of any Department of the Government or of any public authority.
(b) Section 11 ( 3 ) —
Omit "the Act", insert instead "this Act".
| (7) | Section 14 (2) ( d ) — |
Omit "1909-1930, and", insert instead "1909, or".
(8) (a) Section 16 (9) —
Omit "as subsequently amended," wherever occurring.
(b) Section 16 (9) ( a ) — Omit ", or by any Act amending or replacing that
Act".
(c) Section 16 (11 ) , (12) ( b ) — Omit "this Act" wherever occurring, insert instead "the Motor Vehicles and Government Railways (Miscellaneous Provisions) Act, 1969,".
(d) Section 16 (13 ) . ( 1 4 ) — Omit "mentally ill" wherever occurring, insert instead "a temporary patient, a continued treatment patient".
SCHEDULE 3—continued.
A M E N D M E N T S TO THE PRINCIPAL A C T BY WAY OF STATUTE
L A W REVISION—continued. PART 1—continued.
(e) Section 16 ( 1 3 ) , (14) — Omit ", as subsequently amended" wherever occur ring, insert instead "or a person under detention under Part V I I of that Act".
(9) (a) Section 18 ( 2 ) —
Omit "the Railway Commissioners", insert instead
"the State Rail Authority of New South Wales".
(b) Section 18 ( 4 ) , ( 5 ) — Omit "them" wherever occurring, insert instead "him".
(c) Section 18 ( 4 ) , (10) —
Omit "it" wherever occuring, insert instead "him".
(d) Section 18 (9) ( b ) —
Omit "the said subsection", insert instead "subsection
( 5 ) " .
(e) Section 18 (10 ) , (12) —
Omit "subsection" wherever secondly occurring.
(10) Section 20 (1) (c) —
Omit the paragraph, insert instead :—
(c) a proprietor of a receiving depot,
shall, unless he is the holder of a license as agent, granted by the Commissioner under this Act, be guilty of an offence against this Act.
SCHEDULE 3—continued.
A M E N D M E N T S TO THE PRINCIPAL A C T BY WAY OF STATUTE
L A W REVISION—continued. PART 1—continued.
(11) Section 21 ( 1 ) —
Omit "subsection (8) or (9) of section 18", insert instead
"section 18 (8) or ( 9 ) " .
| (12) | Section 23 ( 1 ) — |
Omit "to the Commissioner of Road Transport or to the Management Board or any transport trust or to the Rail way Commissioners or to the Main Roads Board or to the Commissioner of Police or".
(13) (a) Section 26 ( 4 ) —
Omit "as amended by subsequent Acts".
(b) Section 26 ( 7 ) —
Omit "Colonial".
(c) Section 26 ( 7 ) —
Omit "Acts, 1924-1950, the Government Railways
Fund, established under the Government Railways Act, 1912-1951, or to the general fund of any transport trust,", insert instead "Act, 1924, the State Rail Authority Fund or the Urban Transit Authority Fund (being funds established under section 56 of the Transport Authorities Act, 1980)," .
| (14) | Section 2 7 — |
Omit "twenty dollars", insert instead "$20".
SCHEDULE 3—continued.
A M E N D M E N T S TO THE PRINCIPAL A C T BY WAY OF STATUTE
L A W REVISION—continued.
P A R T 1—continued.
(15) (a) Section 3 1 —
Omit "them", insert instead "it".
(b) Section 3 1 — Omit "four hundred dollars", insert instead "$400".
(16) Section 36—
Omit "one thousand dollars", insert instead "$1,000".
(17) Section 37 (1) —
Omit "them", insert instead "the Commissioner".
(18) (a) Section 38 ( 1 ) — Omit "two justices of the peace or".
(b) Section 38 ( 1 ) — Omit "or police".
(19) (a) Section 38A (1) —
Omit "three hundred dollars", insert instead "$300". (b) Section 38A ( 1 ) —
Omit "subsection (4) or subsection (5) of section
18", insert instead "section 18 (4) or (5 ) " .SCHEDULE 3—continued.
| A M E N D M E N T S | TO THE PRINCIPAL | A C T BY WAY OF STATUTE |
L A W REVISION—continued. P A R T 1—continued.
(c) Section 38A (2) —
Omit "1902-1947", insert instead "1902".
| (20) | Section 39 ( 1 ) — |
Omit "subsection (4) or (5) of section 18", insert instead
"section 18 (4) or ( 5 ) " .
| (21) | Section 4 2 — |
Omit "two or more", insert instead "2 or more".
| (22) | Section 44 ( i ) — |
Omit "within the meaning of this Act".
| (23) | (a) Section 4 5 — |
Omit "the seal of", insert instead "the hand of".
(b) Section 4 5 — Omit "subsection (4) of section 18 or under subsec tion (5) of that section", insert instead "section 18
(4) or ( 5 ) " .
| (24) Section 47 | (1)- |
Omit the subsection, insert instead : —
SCHEDULE 3—continued.
A M E N D M E N T S TO THE PRINCIPAL A C T BY WAY OF STATUTE LAW REVISION—continued.
PART 1—continued.
(1) A reference in this Act to an authorised officer is a reference to—
(a) a person authorised by the Commissioner;
(b)
a person authorised by the Secretary of the Department of Motor Transport;
(c)
a member of the police force authorised by the Commissioner of Police;
(d)
an officer of the State Rail Authority of New South Wales authorised by the Chief Executive of that Authority; and
(e)
an officer of the Urban Transit Authority of New South Wales authorised by the Managing Director of that Authority.
(25) Section 48 ( 2 ) —
Omit the subsection, insert instead :—
in respect of a regulation as if this Act had been passed (2) Section 41 of the Interpretation Act, 1897, applies after the commencement of the Interpretation (Amend ment) Act, 1969. (26) Section 4 9 —
Omit "the Schedule to this Act", insert instead "Schedule
1".SCHEDULE 3—continued.
A M E N D M E N T S TO THE PRINCIPAL A C T BY WAY OF STATUTE LAW REVISION—continued.
PART 1—continued.
| (27) | (a) | The Schedule, h e a d i n g - |
Omit the heading, insert instead "SCHEDULE 1.".
(b) The Schedule, clauses 1-3—
Omit the clauses.
(c) The Schedule, clause 5 —
Omit "they so think", insert instead "he thinks".
(d) The Schedule, clauses 6, 7—
Omit the clauses.
(e) The Schedule, clause 8—
Omit "two thousand dollars", insert instead "$2,000".
(f) The Schedule, clause 8—
Omit "one year", insert instead "1 year".
(g) The Schedule, clauses 9 - 1 6 — Omit the clauses.
(h) The Schedule, clause 17—
Omit "any commissioner or by any officer or other person appointed or employed by the board", insert instead "the Commissioner or by an officer of the Department of Motor Transport".
SCHEDULE 3—continued.
A M E N D M E N T S TO THE PRINCIPAL A C T BY WAY OF STATUTE
L A W REVISION—continued.
P A R T 1—continued.
(i) The Schedule, clause 17—
Omit "such commissioner", insert instead "the
Commissioner".
(j) The Schedule, clause 18—
Omit the clause.
(28) Further Schedule, heading—
Omit the heading, insert instead "SCHEDULE 2.".
P A R T 2.
(1) Sections 3 ( 1 ) , definition of "Officer"; 10 ( 1 ) ; 11 ( 3 ) ;
12 ( 1 ) ; 13; 14 ( 1 ) ; 16 ( 5 ) , ( 6 ) ; 17 ( 2 ) , ( 3 ) , ( 4 ) ; 18
( 2 ) , ( 4 ) , ( 5 ) , ( 6 ) , ( 7 ) , ( 8 ) , ( 9 ) , ( 10 ) , ( 11 ) , ( 1 2 ) ;
19 ( 1 ) , ( 2 ) ; 20 (1) ( c ) , ( 4 ) , ( 5 ) , ( 6 ) ; 21 ( 1 ) ; 22 ( 1 ) , ( 2 ) , ( 4 ) ; 23 ( 1 ) , ( 2 ) , ( 3 ) ; 25; 26 ( 3 ) , ( 4 ) , ( 6 ) ;
37 ( 1 ) ; 44; 45; 46; 48 ( 1 ) , ( 6 ) , (8) (g ) , ( h ) , ( j ) ; 50; The Schedule, clauses 4, 5, 8—
Omit "board" wherever occurring, insert instead "Com missioner".
(2) Sections 11 ( 3 ) ; 18 ( 8 ) , (9) ( b ) ; 19 (1) — Omit "they think" wherever occurring, insert instead "he thinks".
S C H E D U L E 3—continued.
| A M E N D M E N T S | TO THE PRINCIPAL | A C T BY WAY OF STATUTE |
LAW REVISION—continued.
P A R T 2—continued.
| (3) | Sections 11 ( 3 ) ; 17 ( 3 ) ; 18 (11) — |
Omit "they may" wherever occurring, insert instead "he may".
| (4) | Sections | 16 ( 1 ) , ( 2 ) ; 21 ( 3 ) — |
Omit "1909-1930" wherever occurring, insert instead
"1909".
| (5) | Sections | 16 ( 6 ) ; 22 ( 1 ) ; 46 ( a ) — |
Omit "it" wherever occurring, insert instead "he".
| (6) | Sections | 16 ( 7 ) , ( 8 ) ; 26 ( 7 ) ; 38A ( 1 ) , (3) — |
Omit "for Road Transport and Tramways" wherever occurring.
| (7) | Sections | 16 ( 9 ) , ( 11 ) , ( 12 ) , ( b ) , ( 13 ) , ( 14 ) , (15 ) , ( 1 6 ) ; |
39 (1)-
Omit "for Motor Transport" wherever occurring.
| (8) | Sections | 18 ( 1 ) : 29 ( 2 ) ; 30 ( 4 ) ; 32 ( 2 ) ; 33; 34; 48 ( 3 ) . |
(4) ( a ) , ( b ) — Omit "two hundred dollars" wherever occurring, insert instead "$200".
SCHEDULE 3—continued.
A M E N D M E N T S TO THE PRINCIPAL A C T BY WAY OF STATUTE
L A W REVISION—continued.
P A R T 2—continued.
(9) Sections 18 ( 7 ) ; 22 ( 4 ) ; 5 0 — Omit "their" wherever occurring, insert instead "his".
(10) Sections 18 ( 1 0 ) ; 20 ( 5 ) ; 23 ( 1 ) — Omit "its" wherever occurring, insert instead "his".
(11) Sections 25; 37 ( 1 ) — Omit "subsections (4) and (5) of section 18" wherever occurring, insert instead "section 18 (4) and ( 5 ) " .
(12) Sections 26 ( 5 ) ; 31 — Omit "commissioner or" wherever occurring.
(13) Sections 3 1 ; 36— Omit "one hundred dollars" wherever occurring, insert instead "$100".
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