Transport Regulations Amendment (Road Passenger Services) Regulations 2019 (WA)

26 February 2019 GOVERNMENT GAZETTE, WA 451

Taxi Act 1994

Transport Co-ordination Act 1966

Transport Regulations Amendment (Road

Passenger Services) Regulations 2019

Made by the Governor in Executive Council.

Part 1 - Preliminary

1.            Citation

These regulations are the Transport Regulations Amendment
(Road Passenger Services) Regulations 2019.

2.            Commencement

These regulations come into operation as follows -

(a)	Part 1 - on the day on which these regulations are published in the Gazette;
(b)	Part 2—on the day on which the Transport (Road Passenger Services) Act 2018 section 302 comes into operation;
(c)	the rest of the regulations - on the day on which the Transport (Road Passenger Services) Act 2018 Part 9
Division 2 comes into operation.

452 GOVERNMENT GAZETTE, WA 26 February 2019

Transport Regulations Amendment (Road Passenger Services)

Regulations 2019

Part 2	Amendments relating to taxi dispatch services
r. 3

Part 2 - Amendments relating to taxi dispatch
services

3.            Regulations amended

This Part amends the Taxi Regulations 1995.

4.            Regulation 19A deleted

Delete regulation 19A.

5.            Schedule I amended

Delete Schedule 1 items 6 and 7.

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Transport Regulations Amendment (Road Passenger Services)

Regulations 2019

Amendments relating to on-demand passenger transport levy Part 3

Taxi Regulations 1995 amended Division I
r. 6

Part 3 Amendments relating to on-demand

passenger transport levy

Division I Taxi Regulations 1995 amended

6. Regulations amended
This Division amends the Taxi Regulations 1995.

7.            Regulation 3 amended

(1) In regulation 3 insert in alphabetical order:

leviable passenger service transaction has the meaning
given in the Transport (Road Passenger Services)

Act 2018 section 244;

(2) In regulation 3 in the definition of Schedule 3 fare delete "and
includes any surcharge or fee of a kind set out in Schedule 3 for
the hire;" and insert:

and includes -

(a) any surcharge or fee of a kind set out in Schedule 3 for the hire; and

(b)	any amount charged under regulation 6(1 A) in
respect of the hire;

8.            Regulation 6 amended

(1) After regulation 6(1) insert:

(1A) Despite subregulation (1), if levy under the Transport (Road Passenger Services) Act 2018 Part 9 Division 2 is payable in relation to a leviable passenger service

transaction that relates to the hire of a taxi, the

151 GOVERNMENT GAZETTE, WA 26 February 2019

Transport Regulations Amendment (Road Passenger Services)

Regulations 2019

Part 3

Amendments relating to on-demand passenger transport levy

Division I

Taxi Regulations 1995 amended

r. 9

following may also be charged for the hire of the
taxi—

(a)	an amount of fare allocated for the levy;
(b)	an amount for the GST payable in relation to the amount referred to in paragraph (a).

(113) An amount charged under subregulation (1A)(a) must

not exceed the lesser of—

(a) 10% of the sum of the amounts charged for the hire of the taxi of a kind referred to in the Transport (Road Passenger Services) Regulations 2019 regulation 47(2) (excluding the GST included in any of those amounts); or

(b) $10.

(2)	In regulation 6(3) delete "and (2)" and insert:
to (2)

9.            Regulation 6A amended

In regulation 6A(2):

(a)	after "voucher" insert:
(as defined in regulation 8(1))
(b)	delete "(as calculated in accordance with the appropriate tariff set out in Schedule 3)" and insert:

(as determined in accordance with regulation 6)

26 February 2019 GOVERNMENT GAZETTE, WA 455

Transport Regulations Amendment (Road Passenger Services)

Regulations 2019

Amendments relating to on-demand passenger transport levy	Part 3
Transport (Country Taxi-cars Fares) Regulations 1991	Division 2

amended

r. 10

10. Regulation 7 amended
After regulation 7(1) insert:

(IA) If any amounts under regulation 6(1A) are to be paid in

relation to the hire of the taxi, the schedule displayed under subregulation (1) must include a statement that an additional amount of fare allocated for the levy and
an amount for the GST on that additional amount may
be charged.

11.          Regulation 10 amended

Delete regulation 10(3) and insert:

(3) If a taxi is the subject of multiple hiring, each separate hirer may, at that hirer's destination, be charged 75% of the Schedule 3 fare for the hire of the taxi applicable

at that hirer's destination.

Division 2 Transport (Countly Taxi-cars Fares)

Regulations 1991 amended

12.          Regulations amended

This Division amends the Transport 't'ouniiy Taxi-cars Fares

Regulations 1991.

13.          Regulation 2A amended

(I) In regulation 2A(l) insert in alphabetical order:

leviable passenger service transaction has the meaning
given in the Transport (Road Passenger Services
Act 2018 section 244;

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Transport Regulations Amendment (Road Passenger Services)

Regulations 2019

Part 3	Amendments relating to on-demand passenger transport levy
Division 2	Transport (Country Taxi-cars Fares) Regulations 1991 amended
r. 14

(2) In regulation 2A(1) in the definition of Schedule ]fare delete
"and includes any surcharge or fee of a kind set out in
Schedule 1 for the hire;" and insert:

and includes -

(a)	any surcharge or fee of a kind set out in Schedule 1 for the hire; and
(b)	any amount charged under regulation 3(l AA) in respect of the hire;

14.          Regulation 3 amended

(1) After regulation 3(1) insert:

(1 AA) Despite subregulation (1), if levy under the Transport (Road Passenger Services) Act 2018 Part 9 Division 2 is payable in relation to a leviable passenger service

transaction that relates to the hire of a taxi-car, the
following may also be charged for the hire of the

taxi-car -

(a)	an amount of fare allocated for the levy;
(b)	an amount for the GST payable in relation to the amount referred to in paragraph (a).

(lAB) An amount charged under subregulation (1AA)(a) must

not exceed the lesser of—

(a) 10% of the sum of the amounts charged for the hire of the taxi-car of a kind referred to in the Transport (Road Passenger Services) Regulations 2019 regulation 47(2) (excluding the GST included in any of those amounts); or

(b) $10.

26 February 2019 GOVERNMENT GAZETTE, WA 457

Transport Regulations Amendment (Road Passenger Services)

Regulations 2019

Amendments relating to on-demand passenger transport levy	Part 3
Transport (Country Taxi-cars Fares) Regulations 1991	Division 2

amended

r. 15

(2)	In regulation 3(1 B) delete "and (IA)" and insert:
to(1A)

15. Regulation 3AA amended
In regulation 3AA(2):

(a)	after "voucher" insert: (as defined in regulation 5A( 1))
(b)	delete "(as calculated in accordance with the appropriate tariff set out in Schedule 1)" and insert:

(as determined in accordance with regulation 3)

16.	Regulation 5 amended Delete regulation 5(3) and insert:
(3) If a taxi-car is the subject of multiple hiring, each separate hirer may, at that hirer's destination, be

charged 75% of the Schedule 1 fare for the hire of the

taxi-car applicable at that hirer's destination.

17.         Regulation 6 amended

After regulation 6(1) insert:

(IA) If any amounts under regulation 3(IAA) are to be paid
in relation to the hire of the taxi-car, the fare schedule
must include a statement that an additional amount of

458   GOVERNMENT GAZETTE, WA 26 February 2019

Transport Regulations Amendment (Road Passenger Services)

Regulations 2019

Part 3 Amendments relating to on-demand passenger transport levy

Division 2 Transport (Country Taxi-cars Fares) Regulations 1991

amended

r. 17

fare allocated for the levy and an amount for the GST

on that additional amount may be charged.

R. NEILSON, Clerk of the Executive Council.