Transport Amendment Act 1981 (WA)

WESTERN AUSTRALIA.

TRANSPORT.

No. 8 of 1981.

AN ACT to amend the Transport Act 1966-1980.

[Assented to 22 May 1981.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1. (1) This Act may be cited as the Transport narillati,

Amendment Act 1981.

(2) In this Act the Transport Act 1966-1980 is [17,peEgit:teV2r

June 1977

referred to as the principal Act.

and

amended by

Acts Nos. 53

of 1977, 9 of

(3) The principal Act as amended by this Act 13,779:,9,3

1980 and 48

may be cited as the Transport Act 1966-1981. of 1980.

No. 8.] Transport. [1981.

Commence-

ment. 2. The provisions of this Act shall come into

operation on such day or days as is or are

respectively fixed by proclamation.

Section 4

amended. 3. Section 4 of the principal Act is amended by

inserting after subsection (2) the following sub-

section

" (2a) For the purposes of this Act, a vehicle which draws a semi-trailer or a trailer which is operating is itself operating. " .

Section 26

amended. 4. Section 26 of the principal Act is amended

(a) by deleting "Before granting or refusing a licence for an omnibus, the Commissioner shall take into consideration—" and sub- stituting the following

The Commissioner may, before grant- ing or refusing a licence for an omnibus, take into account any one or more of the following matters— " ; and

(b) by deleting "generally." at the end of the section and substituting the following-

" generally,

but shall not be obliged, in relation to any particular licence application, to take into account all of these matters. " .

Section 36

repealed and 5. Section 36 of the principal Act is repealed and

substituted.	the following section is substituted-
Matters to

be taken	" 36. Before granting or refusing a licence
into consid-
eration by	for a commercial goods vehicle, the Commis-
the Commis-
sioner before	sioner
grant or
refusal of

licence. (a) may take into account any one or more

of the following matters-

(i) the necessity for the service proposed to be provided and the convenience that would be afforded to the public by the provision of the proposed service;

1981.] Transport. [No. 8.

(ii) the existing service for the carriage of goods upon the routes, or within the area, proposed to be served in relation to

(I)	its present adequacy and possibilities for improve- ment to meet all reason- able public demands; and
(II)	the effect upon the exist- ing service of the service proposed to be provided;

(iii) the condition of the roads to be included in any proposed route or area;

(iv) the character, qualifications, and financial stability of the applicant; and

(v) the interests of persons requiring transport to be provided, and of the community generally,

but shall not be obliged, in relation to any particular licence application, to take into account all of these matters; and

(b) shall take into consideration any direction given by the Minister as to the policies of the government in relation to economic development, decentralisa- tion, or other matters. " .

6. Section 45 of the principal Act is amended— =goo

(a) by deleting "Before granting, or refusing, a licence for an aircraft, the Commissioner shall take into consideration—" and sub- stituting the following-

tI

The Commissioner may, before grant- ing or refusing a licence for an aircraft, take into account any one or more of the following matters— " ; and

No. 8.] Transport. [1981.

(b) by deleting "generally." at the end of the section and substituting the following-

" generally,

but shall not be obliged, in relation to

any particular licence application, to take

into account all of these matters. " .

Section 62

amended. 7. Section 62 of the principal Act is amended

(a) in subsection (4), by deleting from "shall be divided into two portions" to the end of the subsection and substituting the following-

" shall be paid to the Main Roads Trust Account kept under section 31 of the Main Roads Act 1930. " ; and

(b) by repealing subsection (5).