Transport (Taxi-cab Accreditation and Other Amendments) Act 2006 (Vic)

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Transport (Taxi-cab Accreditation and Other Amendments) Act 2006

Act No. 71/2006

table of provisions

Section  Page

Part 1—Preliminary

1.Purpose

2.Commencement

Part 2—Taxi-cab Accreditation Amendments

3.New Division 4 inserted in Part VI of Transport Act 1983

Division 4—Accreditation of Taxi-cab Industry Participants

Subdivision 1—Preliminary

130.Purpose of accreditation

130A.Definitions and interpretative provisions

Subdivision 2—Requirement for Accreditation

131.Offence for taxi-cab operator not to be accredited

131A.Offence for provider of taxi-cab network services not to be accredited

Subdivision 3—Application for Accreditation

132.Making of application

132A.Time within which licensing authority must deal with application

132B.Circumstances in which application may be approved

132C.How long accreditation lasts

132D.Mandatory refusal of accreditation

132E.Presumption in favour of refusal of accreditation

132F.Discretionary refusal of accreditation

132G.Notification and reasons to be given if accreditation refused

132H.Disqualification by licensing authority from ability to apply for accreditation

Subdivision 4—Accreditation Conditions and Business and Service Standards

133.Restrictions and conditions concerning accreditation

133A.Licensing authority may vary, revoke or impose new conditions, restrictions or other limitations

133B.Offence to fail to comply with conditions etc.

133C.Business and service standards

Subdivision 5—Certificates of Accreditation

134.Issue of certificate of accreditation

134A.Offence not to produce certificate when required

Subdivision 6—Disciplinary Action and Improvement Notices

135.When the licensing authority may take disciplinary action

135A.Disciplinary actions that may be taken in relation to accreditations

135B.Procedure for taking disciplinary action

135C.Immediate suspension of accreditation

135D.Effect of suspension of accreditation on licence

135E.Return of certificate of accreditation

135F.Improvement notices

135G.Formal irregularities or defects in notice

135H.Proceedings for offences not affected by improvement notices

Subdivision 7—Review of Decisions

136.Jurisdiction of VCAT in relation to mandatory refusal or cancellation of accreditation

136A.Review of decision by VCAT

136B.Time period for making application to VCAT

Subdivision 8—Miscellaneous

137.Accreditation cannot be transferred

137A.Holder of accreditation to notify of relevant change in circumstances

137B.Surrender of accreditation

137C.False representation in relation to accreditation

137D.Communication with responsible person

137E.Regulations

4.No compensation payable

5.Vehicles not to be operated unless licensed

6.Taxi-cab licences

7.Power to make Orders for the granting of taxi-cab licences in taxi-cab zones

8.Setting of fees

9.Transfer of licences

10.Assignments

11.New section 156A inserted

156A.Effect on taxi-cab licences of outcomes under
Division 4

12.Regulations

Part 3—Other Amendments to Transport Act 1983

Division 1—Infringements Amendments

13.New section 214A inserted

214A.Differences in penalties

14.Regulations

Division 2—Assignment Amendments

15.Assignments

Division 3—Miscellaneous Amendments

16.Amendment of definitions

17.New section 227 substituted

227.Offences by unincorporated bodies, partnerships etc.

Division 4—Transitional Provisions

18.New Division 6 inserted in Part VIII

Division 6—Transitional Provisions—Transport (Taxi-cab Accreditation and Other Amendments) Act 2006

272.Taxi-cab accreditation

273.Assignments

Division 5—Other Amendments

19.Sunset of accreditation exemption for certain providers of taxi-cab network services

Part 4—Amendments to Transport Legislation (Further Amendment) Act 2006

20.Amendment of commencement dates

21.Definitions

22.Exceptions to offence

23.Requirements for issue and renewal of accreditation

24.Notification time limit

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Endnotes

Transport (Taxi-cab Accreditation and Other Amendments) Act 2006

[Assented to 19 September 2006]

The Parliament of Victoria enacts as follows:

Part 1—Preliminary

1.Purpose

The purpose of this Act is—

(a)to amend the Transport Act 1983—

(i)to provide for the accreditation of certain participants in the taxi-cab industry;

(ii)to enable the penalties for transport infringements and ticket infringements to vary depending on whether they are issued by members of the police force or authorised officers;

(iii)to make other miscellaneous amendments to that Act;

(b)to make minor amendments to the Transport Legislation (Further Amendment) Act 2006.

2.Commencement

(1)This Part, Divisions 1, 3 and 4 of Part 3 and Part 4 come into operation on the day after the day on which this Act receives the Royal Assent.

(2)Subject to sub-section (4), Part 2 comes into operation on a day to be proclaimed.

(3)Subject to sub-section (4), Division 2 of Part 3 comes into operation on a day to be proclaimed.

(4)If a provision of Part 2 or of Division 2 of Part 3 does not come into operation before 31 December 2007, it comes into operation on that day.

(5)Division 5 of Part 3 comes into operation on the second anniversary of the coming into operation of Part 2.

__________________

Part 2—Taxi-cab Accreditation Amendments

3.New Division 4 inserted in Part VI of Transport Act 1983

After Division 3 of Part VI of the Transport Act 1983 insert—

'Division 4—Accreditation of Taxi-cab Industry Participants

Subdivision 1—Preliminary

130.Purpose of accreditation

The purpose of accreditation under this Division is to facilitate the provision of safe, reliable and efficient taxi-cab services that meet reasonable community expectations by ensuring that only suitable persons hold taxi-cab licences, operate taxi-cabs or permit them to be operated or provide taxi-cab network services.

130A.Definitions and interpretative provisions

(1)In this Division—

"co-operative" has the same meaning as in the Co-operatives Act 1996;

"disqualifying offence" means a tier 1 offence, a tier 2 offence or a tier 3 offence;

"incorporated association" has the same meaning as in the Associations Incorporation Act 1981;

"officer", in relation to a body corporate other than a company, co-operative or incorporated association, means a member of the committee of management of the body corporate;

"officer", in relation to a company, means—

(a)a director or secretary of the company; or

(b)a person—

(i)who makes, or participates in making, decisions that affect the whole, or a substantial part, of the business of the company; or

(ii)who has the capacity to affect significantly the company's financial standing; or

(iii)in accordance with whose instructions or wishes the directors of the company are accustomed to act (excluding advice given by the person in the proper performance of functions attaching to the person's professional capacity or their business relationship with the directors of the company);

"officer", in relation to a co-operative, means—

(a)a director or secretary of the co‑operative; or

(b)a person who is concerned, or takes part, in the management of the co‑operative, whether or not as a director;

"officer", in relation to an incorporated association, means—

(a)the public officer (within the meaning of the Associations Incorporation Act 1981) of the incorporated association; or

(b)a member of the committee (within the meaning of the Associations Incorporation Act 1981) of the incorporated association; or

(c)a person who is concerned, or takes part, in the management of the incorporated association;

"person" includes a body corporate, an unincorporated body or association and a partnership;

"relevant person", in relation to an applicant for accreditation or an accredited person, means—

(a)if the applicant or accredited person is an individual, any person who is concerned, or takes part, in the management of the activities to which the application or the accreditation relates, whether as an employee of the applicant or accredited person or otherwise; or

(b)if the applicant or accredited person is a partnership, each partner and any other person who is concerned, or takes part, in the management of the activities to which the application or the accreditation relates, whether as an employee of the applicant or accredited person or otherwise; or

(c)if the applicant or accredited person is an unincorporated body or association other than a partnership, each member of the committee of management of the body or association and any other person who is concerned, or takes part, in the management of the activities to which the application or the accreditation relates, whether as an employee of the applicant or accredited person or otherwise; or

(d)if the applicant or accredited person is a company, a co-operative or an incorporated association, each officer of the company, co-operative or incorporated association; or

(e)if the applicant or accredited person is a body corporate other than a company, co-operative or incorporated association, each officer of the body and any other person who is concerned, or takes part, in the management of the activities to which the application or the accreditation relates, whether as an employee of the applicant or accredited person or otherwise;

"responsible person", in relation to an applicant for accreditation or an accredited person, means—

(a)if the applicant or accredited person is an individual, the applicant or accredited person; or

(b)in any other case, a relevant person nominated by the applicant or accredited person as the responsible person;

"taxi-cab network service" means—

(a)the receipt and dispatch of bookings or orders for the hiring of taxi-cabs; or

(b)the provision for taxi-cabs of a central communications system; or

(c)the provision for taxi-cabs of a global positioning system; or

(d)the maintenance of information management systems in relation to the hiring, and bookings and orders for the hiring, of taxi-cabs; or

(e)the provision of brand identification for taxi-cabs; or

(f)the provision (by a provider of a service of a kind referred to in paragraph (a), (b), (c), (d) or (e) of this definition) of support services for taxi-cab operators and drivers; or

(g)the maintenance (by a provider of a service of a kind referred to in paragraph (a), (b), (c), (d) or (e) of this definition) of a system for receiving and handling customer complaints relating to the hiring, and bookings and orders for the hiring, of taxi-cabs; or

(h)the provision (by a provider of a service of a kind referred to in paragraph (a), (b), (c), (d) or (e) of this definition) of taxi-cab driver training;

"tier 1 offence" means—

(a)an offence against the Crimes Act 1958 that involves sexual penetration (within the meaning given by section 35(1) of that Act); or

(b)an offence against a provision of the Crimes Act 1958 amended or repealed before the commencement of Part 2 of the Transport (Taxi-cab Accreditation and Other Amendments) Act 2006 of which the necessary elements at the time it was committed consisted of elements that constitute an offence referred to in paragraph (a); or

(c)an offence specified in clause 1 of Schedule 1 to the Sentencing Act 1991, if the victim of the offence was a child or a person with a cognitive impairment, that is not an offence referred to in paragraph (a) or (b); or

(d)a child pornography offence within the meaning of the Working with Children Act 2005; or

(e)an offence within the meaning of Division 101 of the Criminal Code of the Commonwealth; or

(f)an offence specified in clause 3 of Schedule 1 to the Sentencing Act 1991; or

(g)an indictable offence involving fraud or dishonesty; or

(h)an offence specified in clause 4 of Schedule 1 to the Sentencing Act 1991; or

(i)an offence under a law of a jurisdiction other than Victoria (including jurisdictions outside Australia) that, if it had been committed in Victoria, would have constituted an offence of a kind listed in this definition;

"tier 2 offence" means—

(a)an offence specified in clause 1 of Schedule 1 to the Sentencing Act 1991 that is not an offence referred to in paragraph (a), (b), (c) or (d) of the definition of "tier 1 offence"; or

(b)an offence specified in clause 2 of Schedule 1 to the Sentencing Act 1991 that is not an offence specified in clause 3 of that Schedule; or

(c)a summary offence involving fraud or dishonesty; or

(d)an offence under a law of a jurisdiction other than Victoria (including jurisdictions outside Australia) that, if it had been committed in Victoria, would have constituted an offence of a kind listed in this definition;

"tier 3 offence" means—

(a)a criminal offence that is not a tier 1 offence or a tier 2 offence; or

(b)an offence under a law of a jurisdiction other than Victoria (including jurisdictions outside Australia) that, if it had been committed in Victoria, would have constituted an offence of a kind listed in this definition;

(2)In this Division, a reference to a person who has been found guilty of an offence is a reference to a person—

(a)against whom a court has made a formal finding that he or she is guilty of the offence; or

(b)from whom a court has accepted a plea that he or she is guilty of the offence; or

(c)from whom a court has accepted an admission under section 100 of the Sentencing Act 1991 that he or she has committed the offence, or from whom a similar admission has been accepted under equivalent provisions of the laws of a jurisdiction other than Victoria; or

(d)against whom a finding has been made under—

(i)section 17(1)(b) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 that he or she was not guilty of the offence because of mental impairment; or

(ii)under section 17(1)(c) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 that he or she committed the offence—

or against whom a similar finding has been made under equivalent provisions of the laws of a jurisdiction other than Victoria (including jurisdictions outside Australia)—

being an admission, plea or finding that has not been subsequently quashed or set aside by a court.

(3)In this Division, a reference to a person who has been charged with an offence is a reference to a person—

(a)against whom a presentment has been made or an indictment has been laid for the offence; or

(b)against whom a charge has been filed for the offence, whether or not—

(i)a summons to answer to the charge; or

(ii)a warrant to arrest the person—

has been issued or served.

(4)In this Division, a reference to a charge that has not been finally disposed of is a reference to a charge that has not been finally dealt with by—

(a)being withdrawn or by the entering of a nolle prosequi; or

(b)the charge having been dismissed by a court; or

(c)the person against whom the charge has been laid having been discharged by a court following a committal hearing; or

(d)the person against whom the charge has been laid having been acquitted or found guilty of the offence that was the subject of the charge by a court; or

(e)any other prescribed means.

(5)In this Division, a reference to an application for accreditation includes a reference to an application for renewal of accreditation.

Subdivision 2—Requirement for Accreditation

131.Offence for taxi-cab operator not to be accredited

The operator of a taxi-cab must not operate the taxi-cab, or permit the taxi-cab to be operated, unless the operator is accredited under this Division as a taxi-cab operator.

Penalty:60 penalty units.

131A.Offence for provider of taxi-cab network services not to be accredited

(1)A person must not—

(a)provide a taxi-cab network service; or

(b)advertise or in any other way hold themselves out as able or willing to provide a taxi-cab network service—

unless the person is accredited under this Division to provide that service or is exempted by the regulations from the requirement to be accredited under this Division.

Penalty:In the case of a natural person, 240 penalty units;

In the case of a body corporate, 1200 penalty units.

(2)Sub-section (1) does not apply to—

(a)in the case of a taxi-cab network service of a kind referred to in paragraph (a) of the definition of "taxi-cab network service" in section 130A(1)—

(i)a driver of a taxi-cab who receives a booking or order for the hiring of that taxi-cab directly from the person making the booking or placing the order or directly from the operator of the taxi-cab as described in sub-paragraph (ii); or

(ii)the operator of a taxi-cab who receives a booking or order for the hiring of that taxi-cab directly from the person making the booking or placing the order which the operator then passes on directly to the driver of the taxi-cab; or

(iii)a driver or the operator of a taxi-cab who receives a booking or order for the hiring of that taxi-cab directly from the person making the booking or placing the order which the driver or operator then passes on directly to a person who is accredited to provide that service; or

(b)in any case, a driver or the operator of a taxi-cab who provides a taxi-cab network service and who is a member of an unincorporated body or association comprising drivers and operators of taxi-cabs that is accredited to provide that service.

Subdivision 3—Application for Accreditation

132.Making of application

(1)A person may apply to the licensing authority for accreditation as a—

(a)taxi-cab licence holder; or

(b)taxi-cab operator; or

(c)provider of taxi-cab network services.

Note:See sub-section (5) for restriction on applications by unincorporated bodies or associations.

(2)An application must—

(a)be made in the manner and form determined by the licensing authority; and

(b)be accompanied by—

(i)the fee (if any) for the application determined by the licensing authority under section 147B; and

(ii)evidence, as required by the regulations, that each relevant person in relation to the applicant, satisfies the requirements for the relevant accreditation; and

(iii)any other things that are required by the regulations; and

(c)in the case of an application by a person that is not an individual, nominate a relevant person as the responsible person in relation to the applicant.

(3)The licensing authority may require an applicant to—

(a)supply further information specified by the licensing authority;

(b)verify, by a statutory declaration signed by or on behalf of the applicant, information supplied for the purposes of the application.

(4)The application, and any further information supplied by the applicant under sub-section (3), must be—

(a)if the regulations so provide, signed in accordance with the regulations; and

(b)declared by each signatory to be true and correct.

(5)An unincorporated body or association, other than a partnership, is not capable of applying for, or holding, an accreditation as a taxi-cab licence holder or a taxi-cab operator.

(6)In the case of an application by a person that is not an individual, the licensing authority is entitled to communicate with the responsible person in relation to the application.

132A.Time within which licensing authority must deal with application

(1)Subject to this section, the licensing authority must decide whether to approve or refuse an application for accreditation within 90 days after receiving the application.

(2)The licensing authority may, before the expiry of the period specified in sub-section (1), decide to extend the period within which he or she may decide whether to approve or refuse an application.

(3)If the licensing authority decides to extend the period within which he or she may decide whether to approve or refuse an application, the licensing authority must notify the applicant of that decision and the new period within which the licensing authority intends to make his or her decision whether to approve or refuse an application.

(4)A notification under sub-section (3) must be in writing.

132B.Circumstances in which application may be approved

Subject to this Subdivision, the licensing authority may approve an application for accreditation if the licensing authority is satisfied that the applicant—

(a)is suitable to be accredited; and

(b)has complied with the application requirements under this Subdivision.

Note:See Subdivision 4 for conditions, restrictions and other limitations that may be imposed on an accreditation and for business and service standards that must be met.

132C.How long accreditation lasts

An accreditation remains in force until—

(a)it is cancelled or surrendered; or

(b)the expiry of the period specified in the certificate of accreditation, which must not be more than 5 years—

whichever is the sooner.

132D.Mandatory refusal of accreditation

(1)The licensing authority must refuse an application for accreditation if the licensing authority believes, on reasonable grounds, that—

(a)in the case of accreditation as a taxi-cab operator or as a provider of taxi-cab network services, the applicant or a relevant person in relation to the applicant—

(i)has been found guilty of a tier 1 offence; or

(ii)is a person who is subject to—

(A)reporting obligations referred to in section 12(1)(a) of the Working with Children Act 2005; or

(B)an order referred to in section 12(1)(b) of the Working with Children Act 2005; and

(b)in any case, the applicant—

(i)is disqualified under section 132H or 135A from applying for the relevant accreditation; or

(ii)does not personally or through relevant persons in relation to the applicant, have a sound knowledge of the activities in respect of which accreditation is sought; or

(iii)does not personally or through relevant persons in relation to the applicant, have the competency and capacity (other than financial) to meet the business and service standards for the activities in respect of which accreditation is sought; or

(iv)does not have the financial capacity to meet the business and service standards for the activities in respect of which accreditation is sought.

(2)In determining the financial capacity of an applicant, the licensing authority may have regard to whether the applicant, or a relevant person in relation to the applicant, is or has been—

(a)bankrupt under the law of Australia or of any place outside Australia; or

(b)an officer of a company that is, or has been, placed in administration or liquidation or been wound up, or in respect of property of which a receiver has been appointed, under the law of Australia or of any place outside Australia.

(3)An applicant must be taken not to have the required financial capacity if—

(a)the applicant is a company and—

(i)a receiver or receiver and manager, within the meaning of the Corporations Act, has been appointed in relation to the applicant; or

(ii)the applicant has been placed in administration under the Corporations Act or under the law of any place outside Australia; or

(iii)a court has made an order under the Corporations Act for the winding up of the applicant; or

(b)the applicant, or a relevant person in relation to the applicant, is an undischarged bankrupt under the law of Australia or of any place outside Australia; or

(c)the applicant, or a relevant person in relation to the applicant, is disqualified from managing a corporation under Part 2D.6 of the Corporations Act or under the law of any place outside Australia; or

(d)the applicant, or a relevant person in relation to the applicant, has been found guilty of an offence against section 209(3) or Part 5.8 of the Corporations Act or of an offence against a law of a place outside Australia that corresponds to that section or Part.

132E.Presumption in favour of refusal of accreditation

The licensing authority must refuse an application for accreditation—

(a)as a taxi-cab licence holder if the licensing authority is aware that the applicant, or a relevant person in relation to the applicant, has been found guilty of a tier 1 or tier 2 offence; or

(b)as a taxi-cab operator or as a provider of taxi-cab network services if the licensing authority is aware that the applicant, or a relevant person in relation to the applicant, has been found guilty of a tier 2 offence—

unless the licensing authority is satisfied that the applicant has demonstrated that the issue of the accreditation is appropriate having regard to the purpose of accreditation set out in section 130.

132F.Discretionary refusal of accreditation

(1)The licensing authority may refuse an application for accreditation if the licensing authority is aware that the applicant, or a relevant person in relation to the applicant—

(a)has been found guilty of a tier 3 offence; or

(b)is the subject to a charge for a disqualifying offence that has not been finally disposed of at the time of considering the application.

(2)In exercising a discretion under sub-section (1), the licensing authority must have regard to—

(a)the nature and gravity of the offence and its relevance to the activities in respect of which accreditation is sought; and

(b)the period of time since the offence was committed; and

(c)whether a finding of guilt or conviction was recorded; and

(d)the sentence (if any) imposed for the offence; and

(e)the age of the applicant or relevant person when the offence was committed; and

(f)in relation to any sexual offence, the age of any victim; and

(g)whether or not the conduct that constituted the offence has been decriminalised since the offence was committed; and

(h)the behaviour of the applicant or relevant person since committing the offence; and

(i)the likelihood of the applicant or relevant person committing another such offence in the future, in particular, any future threat to a child or other vulnerable person; and

(j)any information given by the applicant or relevant person; and

(k)any other matter that the licensing authority considers relevant.

(3)The licensing authority may refuse an application for accreditation if the licensing authority believes on reasonable grounds that—

(a)the applicant has contravened a business or service standard applicable to an accreditation held, or previously held, by the applicant under this Division; or

Note:Business and service standards may be determined under section 133C.

(b)the applicant has contravened a condition, restriction or other limitation imposed on an accreditation held, or previously held, by the applicant under this Division; or

(c)the applicant, or a relevant person in relation to the applicant, has contravened a provision of this Act.

(4)Nothing in this section limits a discretion of the licensing authority to approve or refuse an application for accreditation.

(5)To avoid doubt, in exercising a discretion to approve or refuse an application for accreditation, the licensing authority may have regard to—

(a)where the applicant, or any relevant person in relation to the applicant, resides or carries on business; and

(b)in the case of an applicant that is a company, whether the applicant is registered under the Corporations Act and where it has its principal place of business.

Note:A condition may be imposed under Subdivision 4 with respect to place of residence or business.

132G.Notification and reasons to be given if accreditation refused

(1)If the licensing authority decides to refuse to accredit an applicant, the licensing authority must—

(a)notify the applicant—

(i)of the decision; and

(ii)that the applicant has a right to seek review of the decision under Subdivision 7; and

(b)give the applicant a statement of reasons for the decision.

(2)A notification under sub-section (1)(a) and a statement of reasons under sub-section (1)(b) must be—

(a)in writing; and

(b)given to the applicant as soon as practicable after the licensing authority makes his or her decision to refuse to accredit the applicant.

132H.Disqualification by licensing authority from ability to apply for accreditation

(1)If the licensing authority decides to refuse an application for accreditation, the licensing authority may determine that the applicant is disqualified from applying for accreditation of that kind under this Division for the period determined by the licensing authority.

(2)The period determined by the licensing authority under sub-section (1) must not exceed 5 years.

Subdivision 4—Accreditation Conditions and Business and Service Standards

133.Restrictions and conditions concerning accreditation

(1)In accrediting an applicant, the licensing authority may limit the accreditation in any way the licensing authority thinks appropriate.

(2)Without limiting sub-section (1), the licensing authority may—

(a)impose conditions on the accreditation that are not inconsistent with any condition applicable under sub-section (3); or

(b)restrict the scope of the accreditation.

(3)An accreditation is also subject to any condition set out in the regulations that applies to the accreditation.

(4)Without affecting any limitation imposed on an accreditation of a taxi-cab operator under this section, the accreditation is subject to the condition that there must be in place at all times in respect of the taxi-cab when the taxi-cab operator is operating it, or permitting it to be operated, arrangements approved by the licensing authority between the taxi-cab operator and a person accredited to supply taxi-cab network services for the provision of such services as are specified by the licensing authority.

Note:It is an offence against section 133B not to comply with this condition.

(5)Without affecting any limitation imposed on an accreditation of a person accredited to supply taxi-cab network services under this section, the accreditation is subject to the condition that the accredited person must not, without reasonable excuse, refuse to enter into, with an accredited taxi-cab operator, arrangements approved by the licensing authority for the provision of such services as are specified by the licensing authority in respect of the taxi-cab when the taxi-cab operator is operating it or permitting it to be operated.

Note:It is an offence against section 133B not to comply with this condition.

133A.Licensing authority may vary, revoke or impose new conditions, restrictions or other limitations

(1)The licensing authority may at any time on his or her own initiative or on the written application of the accredited person—

(a)vary or revoke a condition, restriction or other limitation imposed by the licensing authority on an accreditation; or

(b)impose a new condition, restriction or other limitation on an accreditation.

(2)Before taking action under this section, the licensing authority must—

(a)give the accredited person written notice of the action that the licensing authority proposes to take and of the reasons for taking that action; and

(b)allow the accredited person to make written representations about the intended action within 10 business days (or any other period that the licensing authority and the accredited person agree upon).

(3)Sub-section (2) does not apply if the licensing authority considers it necessary to take immediate action in the interests of public safety.

(4)The licensing authority must—

(a)give the accredited person—

(i)details of any action taken under sub-section (1); and

(ii)a statement of reasons for any action taken under sub-section (1); and

(b)notify the accredited person that the person has a right to seek review of the licensing authority's decision under Subdivision 7.

(5)The licensing authority must give the details, the statement of reasons and notice under sub-section (4) in writing.

133B.Offence to fail to comply with conditions etc.

An accredited person must comply with any condition, restriction or other limitation imposed on the accreditation by or under this Division of which the person has been given notice.

Penalty:In the case of an accreditation as a taxi-cab licence holder or taxi-cab operator, 30 penalty units;

In the case of an accreditation as a provider of taxi-cab network services, 120 penalty units for a natural person and 600 penalty units for a body corporate.

133C.Business and service standards

(1)The Minister may, by notice published in the Government Gazette, determine minimum business and service standards to be met by all accredited persons or by a specified class, or specified classes, of accredited person.

(2)The Minister may only determine standards under sub-section (1) if he or she has caused a notice in accordance with sub-section (3) to be published in respect of the proposed standards—

(a)in the Government Gazette; and

(b)in a daily newspaper circulating generally throughout Victoria; and

(c)if the Minister considers it appropriate, in such trade, professional or public interest publications as he or she determines—

and has ensured that all comments and submissions received in response to the notice have been considered.

(3)A notice must—

(a)state the reason for, and the objectives of, the proposed standards; and

(b)specify where a copy of the proposed standards can be obtained; and

(c)invite public comments or submissions within such time (being not less than 28 days from the publication of the notice) as is specified in the notice.

(4)Standards may be determined under this section in relation to—

(a)compliance with applicable legislation;

(b)business capability;

(c)information and records management;

(d)financial viability;

(e)safety of taxi-cab drivers, customers and members of the public;

(f)customer service;

(g)dealings with industry participants, customers and government;

(h)complaint handling processes;

(i)education and training;

(j)any other matter that the Minister considers appropriate.

Subdivision 5—Certificates of Accreditation

134.Issue of certificate of accreditation

(1)On accrediting an applicant under this Division the licensing authority must allocate an accreditation number to the accredited person and issue a certificate of accreditation that—

(a)is in the form approved by the licensing authority; and

(b)sets out—

(i)the accreditation number allocated to the accredited person; and

(ii)the name of the holder of the accreditation; and

(iii)the kind of accreditation; and

(iv)any conditions, restrictions or other limitations to which the accreditation is subject; and

(v)the date of expiry of the accreditation; and

(vi)any additional information that the licensing authority considers appropriate.

(2)On accrediting an applicant under this Division the licensing authority must also give the accredited person a copy of the business and service standards applicable to the accreditation.

Note:Business and service standards may be determined under section 133C.

(3)The licensing authority may, on the application of the accredited person accompanied by the fee (if any) determined by the licensing authority, issue a replacement certificate of accreditation if the licensing authority is satisfied (whether on the production of a statutory declaration or otherwise) that the certificate last issued to the accredited person has been lost, stolen or destroyed.

(4)A person who has made an application under sub-section (3) on the ground that a certificate has been lost or stolen and who subsequently recovers the lost or stolen certificate must, within 14 days after the day on which the certificate is recovered—

(a)notify the licensing authority of the recovery; and

(b)return the recovered certificate to the licensing authority unless informed by the licensing authority that it is not necessary to do so.

Penalty:20 penalty units.

134A.Offence not to produce certificate when required

(1)A member of the police force, or a person authorised in writing to do so by the Director, may require a person who is carrying out an activity for which an accreditation is required and who claims to be accredited to carry out that activity to produce the person's certificate of accreditation for inspection.

(2)An accredited person must not fail to produce the person's certificate of accreditation for inspection when required to do so under sub-section (1).

Penalty:5 penalty units.

(3)In a proceeding for an offence against this section it is a defence to the charge if—

(a)the defendant has a reasonable excuse for failing to produce the certificate of accreditation when required to do so under sub-section (1); and

(b)within 5 days after being required to produce the certificate, the defendant produces it at the place directed by the member of the police force or authorised person.

Subdivision 6—Disciplinary Action and Improvement Notices

135.When the licensing authority may take disciplinary action

The licensing authority may take disciplinary action against an accredited person in respect of an accreditation held by that person if satisfied—

(a)that a ground for refusal of an application for the accreditation under section 132D, 132E or 132F exists in relation to the accredited person or a relevant person in relation to the accredited person; or

(b)that a ground for the service under section 135F of an improvement notice on the accredited person in respect of the accreditation exists; or

(c)that the accreditation was obtained because of a false or misleading statement made, or false or misleading information supplied, by the accredited person or a relevant person in relation to the accredited person; or

(d)that a relevant person in relation to the accredited person has failed to comply with a requirement under section 137A(6).

Note:The licensing authority is required to take disciplinary action in the circumstances set out in section 135A(3).

135A.Disciplinary actions that may be taken in relation to accreditations

(1)The licensing authority may take one or more of the following actions (disciplinary actions) in relation to an accreditation held by a person—

(a)cancel the accreditation and disqualify the holder from applying for an accreditation of that kind for a period not exceeding 5 years;

(b)suspend the accreditation for any period;

(c)if the accreditation is already suspended, do either of the following—

(i)cancel the accreditation and disqualify the holder from applying for an accreditation of that kind for a period not exceeding 5 years;

(ii)suspend the accreditation for an additional period;

(d)direct the person, or a relevant person in relation to the person, to undertake particular training;

(e)impose a new condition, restriction or other limitation on, or vary a condition, restriction or other limitation on, the accreditation;

(f)reprimand the accredited person.

(2)If an accredited person holds more than one kind of accreditation under this Division, the licensing authority may take action in relation to any one or more of the accreditations.

(3)If the licensing authority is satisfied that a ground for refusal of an application for accreditation under section 132D(1)(a) exists in relation to the accredited person or a relevant person in relation to the accredited person, the licensing authority must take disciplinary action of a kind referred to in sub-section (1)(a) in relation to the accreditation held by the accredited person.

135B.Procedure for taking disciplinary action

(1)If the licensing authority proposes to take disciplinary action against an accredited person, the licensing authority must serve on that person a notice (a disciplinary notice) that—

(a)states the proposed action (including any proposed period of suspension or disqualification from applying for an accreditation of a particular kind); and

(b)if the accredited person holds more than one kind of accreditation under this Division, states the accreditation or accreditations to which the proposed action relates; and

(c)states the grounds for the proposed action; and

(d)invites the person to make a written submission within a stated period as to why the proposed action should not be taken.

(2)For the purposes of sub-section (1)(d), the period stated in the disciplinary notice must be—

(a)if an immediate suspension notice is also served under section 135C, a period of at least 14 days after the day on which the disciplinary notice is served on the accredited person; or

(b)in any other case, a period of at least 28 days after the day on which the disciplinary notice is served on the accredited person.

(3)In deciding whether to take disciplinary action, the licensing authority must consider any response given to the authority in accordance with sub-section (1)(d).

(4)If the licensing authority is satisfied that grounds for taking disciplinary action against a person have been established, the licensing authority may—

(a)take any disciplinary action of which notice was given in the disciplinary notice or any disciplinary action that is of lesser severity than that of which notice was given in the disciplinary notice; and

(b)in any case—

(i)direct the person, or a relevant person in relation to the person, to undertake particular training; or

(ii)reprimand the person.

(5)The licensing authority must, as soon as practicable, serve written notice on the accredited person of the decision with respect to taking, or not taking, disciplinary action and, if the decision is to take disciplinary action, of—

(a)the disciplinary action being taken; and

(b)the date, which must not be earlier than 7 days after the day on which the notice under this sub-section is served, on which any cancellation, suspension, disqualification or new or amended condition, limitation or other restriction takes effect.

135C.Immediate suspension of accreditation

(1)This section applies if the licensing authority—

(a)has decided to serve, or has served, a disciplinary notice on a person; and

(b)believes, on reasonable grounds, that it is in the public interest that the accreditation held by the person be suspended as soon as practicable before a decision is made to take action under section 135B(4) in relation to the person.

(2)In forming the belief referred to in sub-section (1)(b), the licensing authority must consider—

(a)the circumstances leading to the decision to serve the disciplinary notice; and

(b)the grounds stated, or proposed to be stated, in the disciplinary notice.

(3)The licensing authority may serve on the person a notice (an immediate suspension notice) suspending the accreditation.

(4)If an immediate suspension notice is served on the person, the accreditation is suspended on that service.

(5)An immediate suspension notice served in relation to an accreditation ends—

(a)if the accreditation is cancelled or suspended under section 135B(4)—when the cancellation or suspension takes effect; or

(b)if a condition, restriction or other limitation is imposed on the accreditation, or a condition, restriction or other limitation on the accreditation is amended—when the condition, restriction or other limitation or amended condition, restriction or other limitation, takes effect; or

(c)in any other case—when the person is notified under section 135B(5) of the decision made on the disciplinary notice.

135D.Effect of suspension of accreditation on licence

(1)This section applies if the licensing authority suspends a person's accreditation.

(2)During the period of the suspension, the person is taken not to hold an accreditation of that kind and to be disqualified from applying for an accreditation of that kind.

135E.Return of certificate of accreditation

(1)The holder of a cancelled or suspended accreditation must, not later than 7 days after the cancellation or suspension takes effect—

(a)return the certificate of accreditation to the licensing authority; or

(b)if the certificate has been lost, stolen or destroyed, give the authority a statement, verified by a statutory declaration signed by or on behalf of the holder, that the certificate has been lost, stolen or destroyed.

Penalty:20 penalty units.

(2)If a person's accreditation is suspended and it has not expired when the suspension ends, the licensing authority must return the certificate of accreditation to the person.

135F.Improvement notices

(1)If the licensing authority reasonably believes on reasonable grounds—

(a)that an accredited person is contravening—

(i)a condition, restriction or other limitation on the accreditation; or

(ii)an applicable business or service standard; or

Note:Business and service standards may be determined under section 133C.

(b)that an accredited person, or a relevant person in relation to an accredited person, is contravening a provision of this Act or of the regulations; or

(c)that—

(i)an accredited person has contravened a condition, restriction or other limitation on the accreditation or an applicable business or service standard; or

(ii)an accredited person, or a relevant person in relation to an accredited person, has contravened a provision of this Act or of the regulations—

in circumstances that make it likely the contravention will continue or be repeated—

the licensing authority may serve on the accredited person an improvement notice requiring the person to remedy the contravention or likely contravention, or the matters or activities causing the contravention or likely contravention, within the period specified in the notice.

(2)An improvement notice must—

(a)state the basis for the licensing authority's belief on which the service of the notice is based; and

(b)specify the condition, restriction, limitation, standard or provision that the licensing authority believes has been or is likely to be contravened; and

(c)specify a date (with or without a time) by which the accredited person is required to remedy the contravention or likely contravention or the matters or activities causing the contravention or likely contravention, that the licensing authority considers reasonable having regard to the purpose of the accreditation and the nature of the contravention or likely contravention; and

(d)set out the penalty for contravening the notice; and

(e)include a statement of the effect of section 135H (proceedings for offences not affected by improvement notices); and

(f)state that the notice is served under this section; and

(g)state how the accredited person may seek review of the service of the notice.

(3)An improvement notice may include directions concerning the measures to be taken to remedy the contravention or likely contravention, or the matters or activities causing the contravention or likely contravention, to which the notice relates.

(4)Without limiting sub-section (3), an improvement notice may include—

(a)a direction that if the accredited person has not remedied the contravention, likely contravention, matters or activities (as the case may be) by the date and time (if any) specified in the notice, an activity to which the notice relates is to cease until the licensing authority has certified in writing that the contravention or likely contravention has, or the matters or activities have, been remedied; and

(b)interim directions, or interim conditions, restrictions or other limitations on the carrying out of any activities to which the notice relates, that the licensing authority considers necessary to minimise risks to safety or the risk of a serious failure to provide a reliable and efficient taxi-cab service.

(5)An accredited person on whom an improvement notice is served must comply with the notice.

Penalty:20 penalty units.

(6)If an application for review of a decision under this section has been made under Subdivision 7, the licensing authority must not give a certificate under sub-section (4)(a) in relation to the improvement notice concerned until after the review ends.

135G.Formal irregularities or defects in notice

An improvement notice is not invalid merely because of—

(a)a formal defect or irregularity in the notice unless the defect or irregularity causes or is likely to cause substantial injustice; or

(b)a failure to use the correct name of the accredited person on whom the notice is served if the notice sufficiently identifies the person and is served on the person in accordance with section 250 or 251, as the case requires.

135H.Proceedings for offences not affected by improvement notices

The service of an improvement notice does not affect any proceeding for an offence against this Act or the regulations in connection with any matter in respect of which the notice was served.

Subdivision 7—Review of Decisions

136.Jurisdiction of VCAT in relation to mandatory refusal or cancellation of accreditation

(1)A person—

(a)whose application for accreditation is refused (wholly or partly) on a ground set out in section 132D(1)(a); or

(b)whose accreditation is cancelled (wholly or partly) under section 135A(3)—

may apply to VCAT for an order that the licensing authority approve, or not refuse on a ground referred to in paragraph (a) or reinstate, or not cancel in reliance on section 135A(3), the accreditation (as the case requires).

(2)On an application under sub-section (1) VCAT may by order direct the licensing authority to—

(a)accredit the applicant; or

(b)re-consider the application for accreditation on the basis that a ground set out in section 132D(1)(a) is not a ground for refusal; or

(c)reinstate the accreditation of the applicant; or

(d)re-consider the cancellation on the basis that cancellation is not required under section 135A(3).

(3)VCAT must not make an order applied for under sub-section (1) unless it is satisfied that the applicant has demonstrated that holding the accreditation is appropriate having regard to the purpose of accreditation set out in section 130.

(4)In making an order under sub-section (2) in a matter involving a tier 1 offence VCAT may have regard to—

(a)any matter referred to in section 132F(2)(a) to (j); and

(b)any other matter that VCAT considers relevant.

(5)The licensing authority must comply with an order made by VCAT under sub-section (2).

136A.Review of decision by VCAT

(1)An applicant for accreditation, an accredited person or a relevant person in relation to an applicant or accredited person whose interests are affected by a decision to which this sub-section applies made by the licensing authority under this Division may apply to VCAT for review of the decision.

(2)Sub-section (1) applies to a decision—

(a)to refuse an application for accreditation; or

(b)to impose a condition, restriction or other limitation on an accreditation; or

(c)to vary or revoke a condition, restriction or other limitation on an accreditation; or

(d)to take disciplinary action; or

(e)to serve an improvement notice.

(3)Sub-section (1) does not apply to a decision to the extent to which an application may be made by the applicant under section 136(1) for an order in respect of the decision.

136B.Time period for making application to VCAT

An application under section 136(1) or for review under section 136A(1) must be made within 28 days after the later of—

(a)the day on which the decision of the licensing authority was made; or

(b)if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.

Subdivision 8—Miscellaneous

137.Accreditation cannot be transferred

(1)An accreditation—

(a)is personal to the person who holds it;

(b)is not capable of being transferred or assigned to any other person or otherwise dealt with by the person who holds it;

(c)does not vest by operation of law in any other person.

(2)A purported transfer, assignment or lease of an accreditation and any other purported dealing with an accreditation by the person who holds it is of no effect.

(3)The holder of an accreditation must not purport to transfer or assign it to any other person or otherwise purport to deal with it.

Penalty:60 penalty units.

(4)This section—

(a)does not apply to the surrender of an accreditation in accordance with this Division; and

(b)has effect despite anything in any Act or rule of law to the contrary.

137A.Holder of accreditation to notify of relevant change in circumstances

(1)If a relevant change in circumstances occurs with respect to an accreditation or an accredited person, the accredited person must notify the licensing authority of the change in writing within 7 days after becoming aware of the change.

(2)For the purposes of sub-section (1) a relevant change in circumstances is a change in circumstances—

(a)that has resulted or will result in any particular set out in—

(i)the application for the accreditation or in any document that accompanied that application or was supplied in connection with it; or

(ii)the certificate of accreditation—

becoming inaccurate or inapplicable; or

(b)with respect to the manner of carrying out any activity to which the accreditation relates that has resulted or will or may result in the accredited person not being able to meet the business and service standards applicable to that activity; or

(c)that has resulted or will or may result in a ground for refusal of accreditation referred to in section 132D, 132E or 132F becoming applicable to the accredited person or a relevant person in relation to the accredited person.

(3)If the relevant change in circumstances has resulted or will result in any particular set out in the certificate of accreditation becoming inaccurate or inapplicable, the accredited person must surrender the certificate to the licensing authority within 7 days after becoming aware of the change.

(4)An accredited person who contravenes sub-section (1) or (3) is guilty of an offence and liable to—

(a)in the case of a person accredited as a taxi-cab licence holder or as a taxi-cab operator, a penalty not exceeding 60 penalty units; and

(b)in the case of a person accredited as a provider of taxi-cab network services, a penalty not exceeding 240 penalty units for a natural person and 1200 penalty units for a body corporate.

(5)If a certificate of accreditation is surrendered to the licensing authority in accordance with sub-section (3), the licensing authority may amend the certificate or issue a replacement certificate for the remainder of the period of the accreditation.

(6)The licensing authority may require a person who is a relevant person in relation to an accredited person to provide any other information or comply with any other requirement (including a criminal records check) that the licensing authority reasonably requires to decide whether, because of a relevant change of circumstances, the accredited person is no longer a suitable person to be accredited.

(7)A person must not fail to comply with a requirement under sub-section (6).

Penalty:20 penalty units.

Note:A failure to comply with sub-section (6) is also a ground for taking disciplinary action against the accredited person under section 135(d).

137B.Surrender of accreditation

(1)An accredited person may apply in writing to the licensing authority for consent to the surrender of the accreditation.

(2)An application under sub-section (1) must be accompanied by the certificate of accreditation unless—

(a)the certificate has already been returned to the licensing authority; or

(b)the certificate has been lost, stolen or destroyed.

(3)If sub-section (2)(b) applies, the application must be accompanied by a statement, verified by a statutory declaration signed by or on behalf of the accredited person, that the certificate has been lost, stolen or destroyed.

(4)If an application is made in accordance with this section, the licensing authority must consent to the surrender unless it is taking, or proposing to take, action to cancel or suspend the accreditation.

(5)Despite sub-section (4), the licensing authority may impose any condition on the grant of the consent that the licensing authority reasonably considers necessary to protect the interests of a third party.

137C.False representation in relation to accreditation

A person must not falsely represent that the person is accredited under this Division or holds an accreditation under this Division of a specified kind.

Penalty:30 penalty units.

137D.Communication with responsible person

If an accredited person is not an individual, the licensing authority is entitled to communicate at any time in relation to the accreditation with the person who is the responsible person in relation to the accredited person.

137E.Regulations

(1)The Governor in Council may make regulations for or with respect to—

(a)accreditations under this Division, including, but not limited to, conditions to which accreditations, or any class of accreditation, are subject; and

(b)exempting any provider of taxi-cab network services or class of provider of taxi-cab network services from the requirement to be accredited under this Division; and

(c)any other matter or thing required or permitted by this Division to be prescribed or necessary to be prescribed to give effect to this Division.

(2)Without limiting sub-section (1)(a), conditions prescribed under that sub-section may include conditions relating to—

(a)the keeping of records, including records as to gross revenue earned and complaints received and how dealt with;

(b)the submission of information (including copies of records) to the licensing authority;

(c)the inspection or auditing of records.

(3)Any regulations made under this section—

(a)may be of general or of specially limited application; and

(b)may differ according to differences in time, place or circumstance; and

(c)may prescribe penalties of not more than 20 penalty units for any contravention of the regulations; and

(d)may confer a power or discretionary authority on a person or a class of person; and

(e)may apply adopt or incorporate (with or without modification) any matter contained in a document as in force at the time the regulations are made or at any time before then; and

(f)may provide for the exemption of a specified person or thing or a specified class of person or thing from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified.'.

4.No compensation payable

At the end of section 90 of the Transport Act 1983 insert—

"(2)Without limiting sub-section (1), no compensation is payable to any person in respect of, or as a consequence of, a decision of the licensing authority under Division 4—

(a)to approve or refuse an application for accreditation; or

(b)to impose a condition, restriction or other limitation on an accreditation; or

(c)to vary or revoke a condition, restriction or other limitation on an accreditation; or

(d)to take disciplinary action; or

(e)to serve an improvement notice.".

5.Vehicles not to be operated unless licensed

In section 139(2) of the Transport Act 1983, after "this Division" insert "and Division 4".

6.Taxi-cab licences

(1)Section 143(1)(g) of the Transport Act 1983 is repealed.

(2)After section 143(2) of the Transport Act 1983 insert—

"(2A)The licensing authority must not grant a taxi-cab licence unless the applicant is accredited under Division 4 as a taxi-cab licence holder.

(2B)The licensing authority must not grant a taxi-cab licence to which a condition referred to in section 143D(1)(b) is to be attached unless the applicant is accredited under Division 4 as a taxi-cab operator.".

7.Power to make Orders for the granting of taxi-cab licences in taxi-cab zones

After section 143A(11) of the Transport Act 1983 insert—

"(12)The licensing authority must not grant a taxi-cab licence to operate in an area proclaimed as a taxi-cab zone under this section unless the owner or intending owner is accredited under Division 4 as a taxi-cab licence holder.

(13)The licensing authority must not grant a taxi-cab licence (being a licence to operate in an area proclaimed as a taxi-cab zone under this section) to which a condition referred to in section 143D(1)(b) is to be attached unless the owner or intending owner is accredited under Division 4 as a taxi-cab operator.".

8.Setting of fees

In section 147B(1)(a) of the Transport Act 1983 after "sections" insert "132(2), 134(3),".

9.Transfer of licences

(1)Before section 149(2)(b) of the Transport Act 1983 insert—

"(a)in the case of a taxi-cab licence that is suspended by force of section 156A(2) or (6), the licensing authority agrees to lift the suspension; and".

(2)In section 149(2)(b) of the Transport Act 1983, before "the licensing" insert "in any case,".

(3)In section 149(3)(a) and (b) of the Transport Act 1983, at the beginning of the paragraph insert "other than in the case of a taxi-cab licence,".

(4)After section 149(3) of the Transport Act 1983 insert—

"(3AA)In addition to sub-section (3)(c), the licensing authority may authorise the transfer of a taxi-cab licence if satisfied that—

(a)the person to whom it is proposed to transfer the licence is accredited under Division 4 as a taxi-cab licence holder; and

(b)in the case of a licence to which a condition referred to in section 143D(1)(b) is attached, the person to whom it is proposed to transfer the licence is accredited under Division 4 as a taxi-cab operator.".

(5)In section 149(3A) of the Transport Act 1983, for "sub-section (3)" substitute "sub-sections (3)(c) and (3AA)".

10.Assignments

(1)After section 150(2) of the Transport Act 1983 insert—

"(2AA)Without limiting sub-section (2), the licensing authority must refuse an application unless the assignee is accredited under Division 4 as a taxi-cab operator.".

(2)In section 150(2A) of the Transport Act 1983—

(a)for "may grant" substitute "must refuse"; and

(b)in paragraph (b) after "is" insert "not".

(3)Section 150(6) of the Transport Act 1983 is repealed.

11.New section 156A inserted

Before section 157 of the Transport Act 1983 insert—

"156A.Effect on taxi-cab licences of outcomes under Division 4

(1)If the accreditation under Division 4 of a person as a taxi-cab licence holder is cancelled under Subdivision 6 of that Division or surrendered with the consent of the licensing authority under section 137B—

(a)any taxi-cab licence held by the person to which a condition referred to in section 143D(1)(a) is attached is revoked by force of this sub-section; and

(b)any other taxi-cab licence held by the person is revoked by force of this sub-section on the expiry of the period of 90 days after that cancellation or surrender (or any longer period allowed by the licensing authority) unless the licence is transferred in accordance with this Division to another person before then.

(2)If the accreditation under Division 4 of a person as a taxi-cab licence holder is suspended under Subdivision 6 of that Division, any taxi-cab licence held by the person (including any licence the right to operate a vehicle under which has been assigned by that person under section 150) is, subject to section 149(2), suspended by force of this sub-section for the same period as the accreditation is suspended.

(3)If a taxi-cab licence to which a condition referred to in section 143D(1)(b) is not attached is transferred in accordance with this Division to a person who is accredited as a taxi-cab licence holder, but not as a taxi-cab operator, the licence is revoked by force of this sub-section on the expiry of the period of 90 days after that transfer (or any longer period allowed by the licensing authority) unless before then the transferee in accordance with this Division—

(a)assigns to another person the right to operate a vehicle under the licence; or

(b)transfers the licence to another person.

(4)If the operator of a taxi-cab is found guilty of an offence against section 131—

(a)if the right to operate a vehicle under a taxi-cab licence has been assigned to the operator under section 150, the assignment is revoked by force of this sub-section; and

(b)if the operator is the holder of a taxi-cab licence to which conditions under both section 143D(1)(a) and (b) are attached, the licence is revoked by force of this sub-section; and

(c)if the operator is the holder of a taxi-cab licence to which conditions under both section 143D(1)(a) and (b) are not attached, the licence is revoked by force of this sub-section on the expiry of the period of 90 days after the finding (or any longer period allowed by the licensing authority) unless before then the operator in accordance with this Division—

(i)assigns to another person the right to operate a vehicle under the licence; or

(ii)transfers the licence to another person.

(5)If the accreditation under Division 4 of a person as a taxi-cab operator is cancelled under Subdivision 6 of that Division or surrendered with the consent of the licensing authority under section 137B—

(a)if the right to operate a vehicle under a taxi-cab licence has been assigned to the operator under section 150, the assignment is revoked by force of this sub-section; and

(b)if the operator is the holder of a taxi-cab licence to which conditions under both section 143D(1)(a) and (b) are attached, the licence is revoked by force of this sub-section; and

(c)if the operator is the holder of a taxi-cab licence to which conditions under both section 143D(1)(a) and (b) are not attached, the licence is revoked by force of this sub-section on the expiry of the period of 90 days after the cancellation or surrender (or any longer period allowed by the licensing authority) unless before then the operator in accordance with this Division—

(i)assigns to another person the right to operate a vehicle under the licence; or

(ii)transfers the licence to another person.

(6)If the accreditation under Division 4 of a person as a taxi-cab operator is suspended under Subdivision 6 of that Division—

(a)any assignment to the operator under section 150 of the right to operate a vehicle under a taxi-cab licence is suspended by force of this sub-section for the same period as the accreditation is suspended; and

(b)any taxi-cab licence held by the operator (other than any licence the right to operate a vehicle under which has been assigned by that person under section 150) is, subject to section 149(2), suspended by force of this sub-section for the same period as the accreditation is suspended.".

12.Regulations

In section 162(1) of the Transport Act 1983, paragraphs (n), (na) and (nb) are repealed.

__________________

Part 3—Other Amendments to Transport Act 1983

Division 1—Infringements Amendments

13.New section 214A inserted

After section 214 of the Transport Act 1983 insert—

"214A.Differences in penalties

The penalty for a transport infringement or a ticket infringement may differ according to whether the notice for the infringement is served by a member of the police force or by a person who is an officer who is authorised to issue a notice for a transport infringement or ticket infringement.".

14.Regulations

(1)In section 215(2) of the Transport Act 1983, for "section 213(1)" substitute "Division 5 of Part 2 of the Infringements Act 2006".

(2)After section 215(2)(b) of the Transport Act 1983 insert—

"(ba)allow for a different amount of penalty according to whether the notice for the transport infringement or ticket infringement (or both) is served by a member of the police force or by an officer who is authorised to issue the notice; and".

Division 2—Assignment Amendments

15.Assignments

(1)In section 150(1) of the Transport Act 1983, omit "for a specified period or until the expiry of the licence".

(2)After section 150(4) of the Transport Act 1983 insert—

"(4A)An assignment or purported assignment under this section is of no effect if—

(a)it is not authorised by the licensing authority under this section; or

(b)it is not made in writing; or

(c)subject to sub-section (4B), it is not for a fixed period of 3 years or less.

(4B)An assignment under this section may provide for the termination of the assignment in specified circumstances before the expiry of the period of the assignment.

(4C)An assignment under this section cannot be renewed and cannot be varied so as to extend the period of the assignment.

(4D)Nothing in sub-section (4C) prevents a fresh application being made under sub-section (1) for authority to assign the right to operate a vehicle under a licence to operate a taxi-cab to an assignee or former assignee of that right.".

(3)After section 150(6) of the Transport Act 1983 insert—

"(7)Unless sooner cancelled under sub-section (6) or otherwise terminated, an assignment under this section ends at the expiration of the period of the assignment.".

Division 3—Miscellaneous Amendments

16.Amendment of definitions

In section 86(1) of the Transport Act 1983—

(a)after the definition of "Commission" insert—

' "company" has the same meaning as in section 9 of the Corporations Act;';

(b)for the definition of "Corporation" substitute—

' "corporation" has the same meaning as that given by section 57A of the Corporations Act;';

(c)in the definition of "operate"—

(i)in paragraph (a), after "vehicle" insert "(other than a taxi-cab)";

(ii)after paragraph (a) insert—

"(ab)in the case of a taxi-cab, carry passengers for hire or reward and includes to ply or stand for hire or to use the taxi-cab in any other way for the purpose of carrying passengers for hire or reward; and";

(d)after the definition of "operate" insert—

' "operator" in relation to a taxi-cab, means—

(a)unless paragraph (b) applies, the holder of the licence under which the taxi-cab is operated; or

(b)if the right to operate the taxi-cab has been assigned to a person under section 150, that person while the assignment remains in force;'.

17.New section 227 substituted

For section 227 of the Transport Act 1983 substitute—

"227.Offences by unincorporated bodies, partnerships etc.

Where this Act provides that a person, being a partnership or an unincorporated body or association, is guilty of an offence, that reference to the person—

(a)in the case of a partnership—is to be read as a reference to each member of the partnership; and

(b)in the case of an unincorporated body or association—is to be read as a reference to each member of the committee of management of the body or association.".

Division 4—Transitional Provisions

18.New Division 6 inserted in Part VIII

After Division 5 of Part VIII of the Transport Act 1983 insert—

"Division 6—Transitional Provisions—Transport (Taxi-cab Accreditation and Other Amendments) Act 2006

272.Taxi-cab accreditation

(1)Subject to this section, a person who holds a taxi-cab licence immediately before the commencement of Part 2 of the Transport (Taxi-cab Accreditation and Other Amendments) Act 2006 is deemed, for the period of 12 months after that commencement, to be accredited under Division 4 of Part VI as a taxi-cab licence holder.

(2)Subject to this section, a person who immediately before the commencement of Part 2 of the Transport (Taxi-cab Accreditation and Other Amendments) Act 2006—

(a)holds a licence to operate a taxi-cab the right to operate a vehicle under which has not been assigned to another person under section 150; or

(b)is a person to whom the right to operate a vehicle under a taxi-cab licence is assigned under section 150—

is deemed, for the period of 2 years after that commencement, to be accredited under Division 4 of Part VI as a taxi-cab operator.

(3)To avoid doubt, Division 4 of Part VI applies to a deemed accreditation under sub-section (1) or (2) and that accreditation may be cancelled, suspended, surrendered or otherwise dealt with (including by the variation, revocation or imposition of a condition, restriction or other limitation) in accordance with that Division.

(4)The licensing authority may at any time during the period of a deemed accreditation of a person under sub-section (1) or (2), by written notice served on that person, require that person to apply for accreditation under Division 4 of Part VI as a taxi-cab licence holder or taxi-cab operator (as the case requires) on or before the date specified in the notice, which must not be earlier than 28 days after the day on which the notice is served.

(5)If a person on whom a notice is served under sub-section (4) does not apply for accreditation under Division 4 of Part VI as a taxi-cab licence holder or taxi-cab operator (as the case requires) on or before the date specified in the notice, the licensing authority may serve on that person a notice cancelling the deemed accreditation with effect from the date specified in the notice, which must not be earlier than 7 days after the day on which the notice is served.

273.Assignments

The amendments of section 150 of this Act made by Division 2 of Part 3 of the Transport (Taxi-cab Accreditation and Other Amendments) Act 2006 only apply to—

(a)applications made under sub-section (1) of that section on or after the commencement of that Division; and

(b)assignments made under that section on or after that commencement in reliance on an authority granted on an application referred to in paragraph (a).".

Division 5—Other Amendments

19.Sunset of accreditation exemption for certain providers of taxi-cab network services

(1)In section 131A(1) of the Transport Act 1983 omit "or is exempted by the regulations from the requirement to be accredited under this Division".

(2)Section 137E(1)(b) of the Transport Act 1983 is repealed.

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Part 4—Amendments to Transport Legislation (Further Amendment) Act 2006

20.Amendment of commencement dates

(1)In section 2(5) of the Transport Legislation (Further Amendment) Act 2006, for "sub-sections (6) and (7)" substitute "sub-section (6)".

(2)For sections 2(6) and 2(7) of the Transport Legislation (Further Amendment) Act 2006 substitute—

"(6)If a provision referred to in sub-section (5) does not come into operation before 1 July 2007, it comes into operation on that day.".

21.Definitions

In section 8(a) of the Transport Legislation (Further Amendment) Act 2006—

(a)in the definition of "category 1 offence" proposed to be inserted in section 86(1) of the Transport Act 1983—

(i)in paragraph (f) for "Commonwealth;" substitute "Commonwealth; or";

(ii)after paragraph (f) insert—

"(g)an offence under a law of a jurisdiction other than Victoria (including jurisdictions outside Australia) that, if it had been committed in Victoria, would have constituted an offence of a kind listed in this definition;";

(b)in the definition of "category 2 offence" proposed to be inserted in section 86(1) of the Transport Act 1983—

(i)in paragraph (d) for "dishonesty;" substitute "dishonesty; or";

(ii)after paragraph (d) insert—

"(e)an offence under a law of a jurisdiction other than Victoria (including jurisdictions outside Australia) that, if it had been committed in Victoria, would have constituted an offence of a kind listed in this definition;";

(c)for the definition of "category 3 offence" proposed to be inserted in section 86(1) of the Transport Act 1983 substitute—

' "category 3 offence" means—

(a)a criminal offence that is not a category 1 offence or a category 2 offence; or

(b)an offence under a law of a jurisdiction other than Victoria (including jurisdictions outside Australia) that, if it had been committed in Victoria, would have constituted an offence of a kind listed in this definition;'.

22.Exceptions to offence

(1)In section 14 of the Transport Legislation (Further Amendment) Act 2006, in the proposed new section 165(2) of the Transport Act 1983—

(a)in paragraph (b), for "instruction." substitute "instruction; or";

(b)after paragraph (b) insert—

"(c)in the case of a commercial passenger vehicle that is not a taxi-cab, solely for private use.".

(2)In section 14 of the Transport Legislation (Further Amendment) Act 2006, in the proposed new section 165(3) of the Transport Act 1983 —

(a)in paragraph (b), for "instruction." substitute "instruction; or";

(b)after paragraph (b) insert—

"(c)solely for private use.".

23.Requirements for issue and renewal of accreditation

In section 14 of the Transport Legislation (Further Amendment) Act 2006, in the proposed new section 169(2)(a) of the Transport Act 1983, after "does not hold" insert "either".

24.Notification time limit

In section 14 of the Transport Legislation (Further Amendment) Act 2006, in the proposed new section 169S of the Transport Act 1983, for "28 days" substitute "7 days".

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Endnotes


Minister's second reading speech—

Legislative Assembly: 20 July 2006

Legislative Council: 24 August 2006

The long title for the Bill for this Act was "to amend the Transport Act 1983 to provide for the accreditation of certain participants in the taxi-cab industry, to enable the penalties for transport infringements and ticket infringements to vary depending on how they are issued and to authorise certain public transport ticket conditions, to make minor amendments to the Transport Legislation (Further Amendment) Act 2006 and for other purposes."

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