Untitled document
Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014
No. 35 of 2014
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
3Principal Act
Part 2—Amendment of Transport (Compliance
and Miscellaneous) Act 1983
Division 1—Taxi industry accreditation amendments
4Purpose of accreditation
5Definitions and interpretative provisions
6Offence for taxi-cab operator not to be accredited
7Offence for provider of taxi-cab network services not to be accredited
8Making of application
9Time within which licensing authority must deal with
application10Circumstances in which application may be approved
11Section 132C substituted
132CAccreditation lasts until cancelled or surrendered
12Mandatory refusal of accreditation
13Presumption in favour of refusal of accreditation
14Discretionary refusal of accreditation
15Heading to Subdivision 4 of Division 4 of Part VI amended
16Restrictions and conditions concerning accreditation
17Offence to fail to comply with conditions etc.
18Section 133C repealed
19Issue of certificate of accreditation
20Return of certificate of accreditation
21Improvement notices
22New Subdivision 6A of Division 4 of Part VI inserted
Subdivision 6A—Internal review
135IDefinitions
135JMeaning of reviewable decision
135KApplication for internal review
135LEffect of decision on application
135MDetermination of application for internal review
23Heading to Subdivision 7 of Division 4 of Part VI substituted
24Review of decision by VCAT
25Holder of accreditation to notify of relevant change in circumstances
26False representation in relation to accreditation
27Regulations
28Review by Tribunal of licence cancellation etc.
29Transfers of licences
30Effect on taxi-cab licences of certain outcomes
Division 2—Driver accreditation amendments
31Matters to be considered by the licensing authority when issuing or renewing an accreditation
32New sections 169MA to 169MC inserted
169MAApplication for internal review
169MBEffect of decision on application
169MCDetermination of application for internal review
33Review of decision by VCAT
Division 3—Taxi industry participant register amendments
34Definitions
35New Division 6A of Part VI inserted
Division 6A—Register of taxi industry participants
Subdivision 1—Register and public version of register
169ZARegister of taxi industry participants
169ZBPublic version of the register
169ZCCorrections of register
Subdivision 2—Restriction of public access to information
169ZDWhat happens when information is included on the register?
169ZENotification that information to be made publicly available
169ZFApplication to restrict public access
169ZGDetermination of application
169ZHNotification of determination
169ZIRights of review
Division 4—Taxi industry compliance and investigation powers amendments
36New Subdivision 5B of Division 9A of Part VI inserted
Subdivision 5B—Taxi industry monitoring, compliance and enforcement policy
191YEDefinitions
191YFTSC to develop, maintain and review taxi industry monitoring, compliance and enforcement policy
191YGTSC must coordinate and support implementation
191YHTSC must consult when developing or reviewing taxi industry monitoring, compliance and enforcement
policy191YIContent of taxi industry monitoring, compliance and enforcement policy
191YJTaxi industry monitoring, compliance and enforcement policy to be had regard to
37New Division 4ABA of Part VII inserted
Division 4ABA—Enforcement of commercial passenger vehicle laws
Subdivision 1—Interpretation
228RADefinitions
228RBMeaning of specified person
Subdivision 2—Taxi compliance officers
228RCAppointment
228RDIdentity cards
228REReturn of identity cards
228RFProduction of identity card
228RGTaxi compliance officers subject to TSC's direction
228RHOffence to impersonate a taxi compliance officer
Subdivision 3—Powers of entry
228RIPower of entry
228RJRequirements applying to entry when persons not present
228RKNotification of entry without prior notice to any
person228RLProcedure for entry with consent
Subdivision 4—Inspection, inquiry, search and seizure powers
228RMGeneral inspection, inquiry and search powers
Subdivision 5—Search warrants
228RNSearch warrant
228ROSeizure of things not mentioned in the warrant
228RPAnnouncement before entry
228RQCopy of warrant to be given to occupier
Subdivision 6—Ancillary investigatory powers
228RRUse or seizure of electronic equipment
228RSUse of equipment to examine or process things
Subdivision 7—Seized things
228RTReceipt for seized things
228RUCopies of certain seized things to be given
228RVReturn of seized things
228RWMagistrates' Court may extend period
228RXForfeiture of seized thing
Subdivision 8—Directions
228RYPower to require production of information or documents and related items
228RZManner in which directions under section 228RY may
be given
Subdivision 9—Miscellaneous provisions relating to enforcement powers
228RZAUse of force
228RZBManner in which taxi compliance officers must exercise powers
228RZCCompensation for damage caused during exercise of powers under this Division
228RZDAbrogation of privilege against self-incrimination
228RZELegal professional privilege not abrogated
Subdivision 10—Review of decisions
228RZFReviewable decisions
228RZGReview by TSC
228RZHReview by VCAT
Subdivision 11—Regulations
228RZIRegulations
38Criminal liability of officers of bodies corporate—failure to exercise due diligence
Division 5—Abolition of Public Transport Fund amendments
39Section 11 repealed
40Financial assistance to train drivers following fatal incidents
41New Division 11 inserted in Part VIII
Division 11—Transitional provisions—Transport
Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014351Definitions
352Continuation of Public Transport Fund
353Specification of money to be transferred
354Transfer of money and abolition of old fund
355References to old fund
Division 6—Other amendments
42Regulations
43Definition of taxi non-cash payment transaction
44Tests, qualifications and other requirements
45New Division 1C of Part VIII inserted
Division 1C—Wheelchair accessible taxi-cab fixed term licence fee instalment amounts
246CZEDefinitions
246CZFInstalment amounts for licence fees for WAT fixed term licences changed
246CZGSet off of excess licence fee payments
246CZHRevocation of 2014 amending Order
46Statute law revision
Part 3—Amendment of Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013
47Taxi-cab zones
48Licensing authority may vary Zone conditions for pre-booked taxi‑cab
49Transfers of licences
50Implied conditions as to fares or hiring rates
51Powers in relation to fares regulation
Division 5AB—Notification, publication and monitoring
of taxi fares and hiring rates in the Regional and Country Zones162EALicensing authority to be notified of maximum taxi
fares and hiring rates in Regional and Country
Zones162EBLicensing authority must publish maximum taxi
fares and hiring rates in Regional and Country
Zones162ECOperators of taxi-cabs in Regional and Country
Zones must notify hirers of maximum fares and
hiring rates162EDESC to monitor prices, costs and return on assets
in Regional and Country Zones
52Driver agreements
Subdivision 2A—Preliminary assistance in dispute
resolution162MAReferral of disputes to TSC
162MBMinister may refer dispute directly to the Tribunal
162MCUnresolved disputes may be referred to Small Business Commissioner or the Tribunal
162PA
Small Business Commissioner may issue
certificates
162PBParties may apply to the Tribunal
162QJurisdiction of the Tribunal
162RTime limits for certain complaints
Part 4—Amendment of Transport Integration Act 2010
53General fund
54Functions of Taxi Services Commission
55Definitions—Part 7A
56Section 197B substituted
197BResolution of conflict by regulators
57Determination by the Minister or Ministers
58Regulators subject to guidelines and directions
Part 5—Amendment of Other Acts
Division 1—Heavy Vehicle National Law Application Act 2013
59Definitions
60Authorised officer
61Persons who may commence proceedings for offences
Division 2—Ombudsman Act 1973
62Ombudsman Act 1973 amendment—taxi compliance officers
Division 3—Road Safety Amendment (Operator Onus) Act 2012
63Statute law revision
Part 6—Repeal of Amending Act
64Repeal of amending Act
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Endnotes
Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014
No. 35 of 2014
[Assented to 13 May 2014]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The main purposes of this Act are—
(a)to amend the Transport (Compliance and Miscellaneous) Act 1983—
(i)to reduce and streamline taxi industry accreditation requirements; and
(ii)provide for a new regime for the monitoring and investigation of compliance with commercial passenger vehicle laws and the enforcement of those laws, including the appointment of taxi compliance officers whose role will be to exercise the monitoring, investigation and enforcement powers under the new regime; and
(iii)to establish a Register of taxi industry participants; and
(iv)to abolish the Public Transport Fund; and
(v)to make further provision in relation to the regulation of taxi non-cash payment transactions; and
(vi)to make further provision for the making of regulations in relation to the parking of vehicles at train stations and similar parking places; and
(b)to amend the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013—
(i)to enable taxi-cab operators in the Regional Zone or the Country Zone to determine their own maximum fares or hiring rates and notify the Taxi Services Commission and hirers of them; and
(ii)to empower the Essential Services Commission to monitor prices, costs and return on assets in the taxi industry in the Regional Zone and the Country Zone; and
(iii)to improve the system for resolving disputes concerning the conditions of a driver agreement and expand the range of orders that VCAT can make in relation to such disputes; and
(iv)to enable the Taxi Services Commission to vary the zoning conditions for pre-booked work; and
(v)to enable taxi-cab zones to overlap at Avalon Airport; and
(c)to amend the Transport Integration Act 2010—
(i)to make further provision in relation to the Taxi Services Commission's functions; and
(ii)to extend the application of the statutory scheme for the resolution of regulatory conflict under Part 7A to transport system agencies, Transport Corporations and the National Rail Safety Regulator; and
(d)to amend the Heavy Vehicle National Law Application Act 2013 to make miscellaneous amendments to improve the operation of that Act; and
(e)to amend the Ombudsman Act 1973 to extend the jurisdiction of the Ombudsman to administrative actions of taxi compliance officers; and
(f)to amend the Transport (Compliance and Miscellaneous) Act 1983 and the Road Safety Amendment (Operator Onus) Act 2012 to make statute law revisions.
2Commencement
(1)This Part, sections 45 and 46, Part 3 and Divisions 1 and 3 of Part 5 come into operation on the day after the day on which this Act receives the Royal Assent.
(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(3)If a provision referred to in subsection (2) does not come into operation before 1 March 2015, it comes into operation on that day.
3Principal Act
In this Act, the Transport (Compliance and Miscellaneous) Act 1983 is called the Principal Act.
__________________
Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983
Division 1—Taxi industry accreditation amendments
4Purpose of accreditation
In section 130 of the Principal Act, for "safe, reliable and efficient" substitute "safe and reliable".
5Definitions and interpretative provisions
Section 130A(5) of the Principal Act is repealed.
6Offence for taxi-cab operator not to be accredited
For the penalty at the foot of section 131 of the Principal Act substitute—
"Penalty:In the case of a natural person, 60 penalty units;
In the case of a body corporate, 300 penalty units.".
7Offence for provider of taxi-cab network services not to be accredited
For section 131A(2)(b) of the Principal Act substitute—
"(b)in the case of any kind of taxi-cab network service—
(i)a driver or the operator of a taxi-cab who—
(A)provides the service; and
(B)is a member of an unincorporated body or association comprising drivers and operators of taxi-cabs that is accredited to provide that service; or
(ii)an operator of a taxi-cab who provides the service to—
(A)a driver of the taxi-cab; or
(B)a relevant person in relation to the operator.".
8Making of application
(1)Section 132(1)(a) of the Principal Act is repealed.
(2)In section 132(5) of the Principal Act omit "a taxi-cab licence holder or".
9Time within which licensing authority must deal with application
In section 132A(1) of the Principal Act, for "90" substitute "30".
10Circumstances in which application may be approved
In the note at the foot of section 132B of the Principal Act omit "and for business and service standards that must be met".
11Section 132C substituted
For section 132C of the Principal Act substitute—
"132C Accreditation lasts until cancelled or surrendered
An accreditation remains in force until it is cancelled or surrendered.
Note
Section 135D provides that a person is taken not to hold an accreditation during any period in which the accreditation is suspended.".
12Mandatory refusal of accreditation
(1)In section 132D(1)(b) of the Principal Act—
(a)in subparagraph (i), for "accreditation; or" substitute "accreditation.";
(b)subparagraphs (ii), (iii) and (iv) are repealed.
(2)Section 132D(2) and (3) of the Principal Act are repealed.
13Presumption in favour of refusal of accreditation
Section 132E(a) of the Principal Act is repealed.
14Discretionary refusal of accreditation
Section 132F(3)(a) of the Principal Act is repealed.
15Heading to Subdivision 4 of Division 4 of Part VI amended
In the heading to Subdivision 4 of Division 4 of Part VI of the Principal Act omit "and business and service standards".
16Restrictions and conditions concerning accreditation
Section 133(4) and (5) of the Principal Act are repealed.
17Offence to fail to comply with conditions etc.
In the penalty at the foot of section 133B of the Principal Act—
(a)omit "taxi-cab licence holder or";
(b)for "units;" substitute "units for a natural person and 150 penalty units for a body corporate;".
18Section 133C repealed
Section 133C of the Principal Act is repealed.
19Issue of certificate of accreditation
(1)Section 134(1)(b)(v) of the Principal Act is repealed.
(2)Section 134(2) of the Principal Act is repealed.
20Return of certificate of accreditation
In section 135E(2) of the Principal Act, for "has not expired" substitute "is not cancelled".
21Improvement notices
(1)Section 135F(1)(a)(ii) of the Principal Act is repealed.
(2)In section 135F(1)(c)(i) of the Principal Act omit "or an applicable business or service standard".
(3)In section 135F(2)(b) of the Principal Act, for "limitation, standard" substitute "limitation".
(4)In section 135F(4)(b) of the Principal Act omit "and efficient".
(5)For the penalty at the foot of section 135F(5) of the Principal Act substitute—
"Penalty:In the case of a natural person, 120 penalty units;
In the case of a body corporate, 600 penalty units.".
22New Subdivision 6A of Division 4 of Part VI inserted
After section 135H of the Principal Act insert—
"Subdivision 6A—Internal review
135IDefinitions
(1)In this Subdivision—
eligible person means a person—
(a)who is—
(i)an applicant for accreditation; or
(ii)an accredited person; or
(iii)a relevant person in relation to an applicant for accreditation or an accredited person; and
(b)whose interests are affected by a reviewable decision;
reviewable decision has the meaning given by section 135J.
135JMeaning of reviewable decision
(1)A reviewable decision is a decision—
(a)to refuse an application for accreditation; or
(b)to disqualify a person from applying for accreditation; or
(c)to impose a condition, restriction or other limitation on an accreditation; or
(d)to vary or revoke a condition, restriction or other limitation on an accreditation; or
(e)to take disciplinary action; or
(f)to serve an improvement notice.
(2)A reviewable decision does not include—
(a)a decision referred to in subsection (1) that was—
(i)affirmed, varied or substituted for another decision under section 135M; or
(ii)made by the licensing authority and not by a delegate of the licensing authority; or
(b)a decision in respect of which an application may be made under section 136(1A) for an order in respect of the decision.
135KApplication for internal review
(1)An eligible person may apply to the licensing authority for review of a reviewable decision.
Note
Section 136A provides for the review by VCAT of a reviewable decision.
(2)An application under subsection (1) must be made within—
(a)28 days after the day on which the decision first came to the eligible person's notice; or
(b)such longer period as the licensing authority allows.
(3)An application under subsection (1) must be made in the manner and form determined by the licensing authority.
135LEffect of decision on application
(1)An application under section 135K(1) does not affect the operation of the reviewable decision or prevent the taking of any action to implement it unless the licensing authority, on its own initiative or on the application of the applicant for review, stays the operation of the decision pending the determination of the internal review.
(2)The licensing authority must make a decision on an application for a stay within 24 hours after the making of the application.
(3)If the licensing authority has not made a decision in accordance with subsection (2), the licensing authority is taken to have made a decision to grant a stay.
(4)The licensing authority may attach any conditions to a stay of the operation of a reviewable decision that the licensing authority considers appropriate.
135MDetermination of application for internal review
(1)If an application is made to the licensing authority in accordance with section 135K, the licensing authority must make a fresh decision—
(a)that affirms or varies the reviewable decision; or
(b)that sets aside the reviewable decision and substitutes another decision that the licensing authority considers appropriate.
(2)The licensing authority must give a written notice to the applicant setting out—
(a)the decision of the licensing authority under subsection (1) and the reasons for the decision; and
(b)the findings on material questions of fact that led to the decision, referring to the evidence or other material on which those findings were based—
and must do so within 28 days after the application is made.
(3)If the licensing authority has not notified an applicant of a decision in accordance with subsection (2), the licensing authority is taken to have made a decision to affirm the reviewable decision.".
23Heading to Subdivision 7 of Division 4 of Part VI substituted
For the heading to Subdivision 7 of Division 4 of Part VI of the Principal Act substitute—
"Subdivision 7—Jurisdiction of VCAT".
24Review of decision by VCAT
(1)For section 136A(1) and (2) of the Principal Act substitute—
"(1)An eligible person may apply to VCAT for review of a reviewable decision.".
(2)After section 136A(3) of the Principal Act insert—
"(4)In this section—
eligible person has the same meaning as in Subdivision 6A;
reviewable decision means a decision—
(a)to refuse an application for accreditation; or
(b)to disqualify a person from applying for accreditation; or
(c)to impose a condition, restriction or other limitation on an accreditation; or
(d)to vary or revoke a condition, restriction or other limitation on an accreditation; or
(e)to take disciplinary action; or
(f)to serve an improvement notice.".
25Holder of accreditation to notify of relevant change in circumstances
(1)Section 137A(2)(b) of the Principal Act is repealed.
(2)In section 137A(4)(a) of the Principal Act omit "as a taxi-cab licence holder or".
(3)In section 137A(5) of the Principal Act omit "for the remainder of the period of the accreditation".
26False representation in relation to accreditation
For the penalty at the foot of section 137C of the Principal Act substitute—
"Penalty:In the case of a natural person, 30 penalty units;
In the case of a body corporate, 150 penalty units.".
27Regulations
(1)In section 137E(2)(c) of the Principal Act, for "records." substitute "records;".
(2)After section 137E(2)(c) of the Principal Act insert—
"(d)the safety of taxi-cab drivers, customers and members of the public;
(e)customer service;
(f)complaint handling processes;
(g)education and training;
(h)in the case of an accreditation as a provider of taxi-cab network services, a requirement to implement disciplinary procedures that are to apply when a taxi-cab driver or operator to whom the provider provides taxi-cab network services fails to comply with the agreement under which those services are provided.".
28Review by Tribunal of licence cancellation etc.
In section 146C(1)(c) of the Principal Act, after "the licence" insert "(other than by revoking a condition)".
29Transfers of licences
(1)In section 149(2)(b) of the Principal Act, for "156A(2) or (6)" substitute "156A(6)".
(2)For section 149(3)(a) of the Principal Act substitute—
"(a)other than in the case of a taxi-cab licence, that the person to whom it is proposed to transfer the licence is a fit and proper person to hold the licence; or".
(3)Section 149(3)(b) of the Principal Act is repealed.
(4)Section 149(3AA)(a) of the Principal Act is repealed.
30Effect on taxi-cab licences of certain outcomes
(1)Section 156A(1) and (2) of the Principal Act are repealed.
(2)In section 156A(3) of the Principal Act, for "accredited as a taxi-cab licence holder, but not" substitute "not accredited".
(3)In section 156A(5) of the Principal Act omit
"or expires without being renewed".
Division 2—Driver accreditation amendments
31Matters to be considered by the licensing authority when issuing or renewing an accreditation
In section 169(1)(b)(ii) of the Principal Act, for "suitable in other respects" substitute "a fit and proper person".
32New sections 169MA to 169MC inserted
After section 169M of the Principal Act insert—
"169MA Application for internal review
(1)A person who is affected by a reviewable decision may apply to the licensing authority for review of the decision.
Note
Section 169O provides for the review by VCAT of a reviewable decision.
(2)An application under subsection (1) must be made within—
(a)28 days after the day on which the decision first came to the eligible person's notice; or
(b)such longer period as the licensing authority allows.
(3)An application under subsection (1) must be made in the manner and form determined by the licensing authority.
(4)In this section—
reviewable decision—
(a)means—
(i)a decision of the licensing authority to refuse to issue or renew an accreditation under this Division; or
(ii)a decision of the licensing authority to suspend or cancel an accreditation under this Division; or
(iii)a decision of the licensing authority to impose a condition on an accreditation under this Division; or
(iv)a determination of the licensing authority to disqualify the person from applying for the issue of an accreditation under this Division; or
(v)a decision of the licensing authority not to, or a failure by the licensing authority to, under section 169EB reinstate the accreditation of a person suspended in accordance with section 169EA; and
(b)does not include—
(i)a decision referred to in paragraph (a) that was—
(A)affirmed, varied or substituted for another decision under section 169MC; or
(B)made by the licensing authority and not by a delegate of the licensing authority; or
(ii)a decision of the licensing authority refusing to issue or renew a driver accreditation, or to a cancel a driver accreditation, in the circumstances in which section 169N(1) applies.
169MBEffect of decision on application
(1)An application under section 169MA(1) does not affect the operation of the decision that is the subject of the application or prevent the taking of any action to implement it unless the licensing authority, on its own initiative or on the application of the applicant for review, stays the operation of the decision pending the determination of the internal review.
(2)The licensing authority must make a decision on an application for a stay within 24 hours after the making of the application.
(3)If the licensing authority has not made a decision in accordance with subsection (2), the licensing authority is taken to have made a decision to grant a stay.
(4)The licensing authority may attach any conditions to a stay of the operation of a decision that the authority considers appropriate.
169MCDetermination of application for internal review
(1)If an application is made to the licensing authority in accordance with section 169MA, the licensing authority must make a fresh decision—
(a)that affirms or varies the decision that is the subject of the application; or
(b)that sets aside the decision that is the subject of the application and substitutes another decision that the licensing authority considers appropriate.
(2)The licensing authority must give a written notice to the applicant setting out—
(a)the decision of the licensing authority under subsection (1) and the reasons for the decision; and
(b)the findings on material questions of fact that led to the decision, referring to the evidence or other material on which those findings were based—
and must do so within 28 days after the application is made.
(3)If the licensing authority has not notified an applicant of a decision in accordance with subsection (2), the licensing authority is taken to have made a decision to affirm the decision that is the subject of the application.".
33Review of decision by VCAT
(1)For section 169O(1) of the Principal Act substitute—
"(1)An person who is affected by a reviewable decision may apply to VCAT for review of the decision.".
(2)After section 169O(5) of the Principal Act insert—
"(6)In this section—
reviewable decision means—
(a)a decision of the licensing authority to refuse to issue or renew an accreditation under this Division; or
(b)a decision of the licensing authority to suspend or cancel an accreditation under this Division; or
(c)a decision of the licensing authority to impose a condition on an accreditation under this Division; or
(d)a determination of the licensing authority to disqualify the person from applying for the issue of an accreditation under this Division; or
(e)a decision of the licensing authority not to, or a failure by the licensing authority to, under section 169EB reinstate the accreditation of a person suspended in accordance with section 169EA.".
Division 3—Taxi industry participant register amendments
34Definitions
In section 86(1) of the Principal Act insert the following definition—
"register of taxi industry participants means the register kept by the licensing authority under section 169ZA;".
35New Division 6A of Part VI inserted
After Division 6 of Part VI of the Principal Act insert—
"Division 6A—Register of taxi industry participants
Subdivision 1—Register and public version of register
169ZARegister of taxi industry participants
(1)The licensing authority must keep a register of taxi industry participants.
(2)The licensing authority must include on the register the name of each person who holds—
(a)an accreditation as a taxi-cab operator; or
(b)an accreditation as a provider of taxi-cab network services; or
(c)a driver accreditation that accredits the holder to drive a commercial passenger vehicle; or
(d)a hire car licence; or
(e)a special purpose vehicle licence.
(3)The licensing authority may include the following details for each person whose name is included on the register—
(a)business contact details for the person (including a telephone number, fax number, postal address, email address and Internet address);
(b)details of any taxi-cab network service provided by the person;
(c)the number of taxi-cabs, hire cars and special purpose vehicles operated by the person.
(4)The licensing authority must include, for each person whose name is included on the register, any details prescribed for the purposes of this subsection.
169ZBPublic version of the register
(1)The licensing authority must keep a public version of the register of taxi industry participants (the public version of the register).
(2)The licensing authority—
(a)must make a copy of the public version of the register available at their office during office hours for any person to inspect free of charge; and
(b)may publish a copy of the public version of the register on the licensing authority's Internet site.
(3)The public version of the register must not include any information to which public access is restricted under Subdivision 2.
169ZCCorrections of register
(1)The licensing authority may, if the licensing authority decides it is necessary to do so, correct any error or omission in the register of taxi industry participants or the public version of the register.
(2)The licensing authority may correct the register by—
(a)inserting information; or
(b)amending information; or
(c)omitting information.
Subdivision 2—Restriction of public access to information
169ZDWhat happens when information is included on the register?
(1)On including information in the register of taxi industry participants, the licensing authority must determine whether public access to any part of the information is to be restricted for the purpose of section 169ZB(3).
(2)The licensing authority must not, under subsection (1), determine that public access to any part of the information is to be restricted unless the licensing authority is satisfied that there are circumstances that justify that restriction.
Example
An example of a circumstance is the protection of a person's privacy.
(3)If the licensing authority determines that public access to a part of the information is to be restricted, the licensing authority must restrict public access—
(a)indefinitely; or
(b)for a specified period.
169ZENotification that information to be made publicly available
(1)This section applies if the licensing authority determines, under section 169ZD, that public access to any part of the information to which the determination relates is not to be restricted.
(2)The licensing authority must notify the person to whom that information relates of that determination.
(3)A notification under subsection (2) must—
(a)be in writing; and
(b)specify the information that is to be made publicly available.
(4)For the purpose of section 169ZB(3), public access is restricted to the information until the earlier of—
(a)28 days after the day on which the person is notified under subsection (2); or
(b)the day on which the person consents to the information being made publicly available.
169ZFApplication to restrict public access
(1)A person may apply to the licensing authority to restrict public access to information that—
(a)is included on the register of taxi industry participants; and
(b)relates to the person.
(2)An application under subsection (1) need not be made in writing.
(3)For the purpose of section 169ZB(3), public access is restricted to the information until the day on which the application is determined.
169ZGDetermination of application
(1)On receiving an application under section 169ZF, the licensing authority must determine whether public access to the information the subject of the application is to be restricted for the purpose of section 169ZB(3).
(2)The licensing authority must not, under subsection (1), determine that public access to the information the subject of the application is to be restricted unless the licensing authority is satisfied that there are exceptional circumstances that justify that restriction.
(3)If the licensing authority determines that public access to the information the subject of the application is to be restricted, the licensing authority must restrict public access—
(a)indefinitely; or
(b)for a specified period.
169ZHNotification of determination
(1)This section applies if the licensing authority determines, under section 169ZG, that public access to the information to which the determination relates is not to be restricted.
(2)The licensing authority must notify the person to whom that information relates of the determination within 14 days after the determination is made.
(3)A notification under subsection (2) must—
(a)be in writing; and
(b)specify the information that is to be made publicly available.
(4)For the purpose of section 169ZB(3), public access is restricted to the information to which the determination relates until the earlier of—
(a)28 days after the day on which the person is notified under subsection (2); or
(b)the day on which the person consents to the information being made publicly available.
169ZIRights of review
(1)A person whose interests are affected by a determination under section 169ZD or 169ZG that public access to information to which the determination relates must be not restricted may apply to the Tribunal for review of the determination.
(2)An application for review under subsection (1) must be lodged with the Tribunal within 28 days after—
(a)notice of the decision was given; or
(b)if, under section 45 of 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.
(3)For the purpose of section 169ZB(3), public access is restricted to the information until the day on which the application for review is determined.".
Division 4—Taxi industry compliance and investigation powers amendments
36New Subdivision 5B of Division 9A of Part VI inserted
After Subdivision 5A of Division 9A of Part VI of the Principal Act insert—
"Subdivision 5B—Taxi industry monitoring, compliance and enforcement policy
191YEDefinitions
In this Subdivision—
commercial passenger vehicle law has the same meaning as in Division 4ABA of Part VII;
specified road safety law means any of the following laws (but only when a taxi compliance officer is performing or exercising functions or powers under that law)—
(a)section 77 or 84 of the Road Safety Act 1986; or
(b)a provision of the Road Safety Road Rules 2009;
taxi compliance officer means a person appointed under section 228RC.
191YFTSC to develop, maintain and review taxi industry monitoring, compliance and enforcement policy
(1)The TSC must develop, maintain and review a taxi industry monitoring, compliance and enforcement policy in accordance with this Subdivision.
(2)The purpose of a taxi industry monitoring, compliance and enforcement policy is to support and promote maintaining compliance with, and enforcement of, a commercial passenger vehicle law or specified road safety law by—
(a)specifying proportionate, cost effective and efficient options in respect of monitoring and promoting compliance with, and enforcing, a commercial passenger vehicle law or specified road safety law; and
(b)specifying how options will be utilised by enforcement agencies to monitor and promote compliance with, and the enforcement of, a commercial passenger vehicle law and specified road safety law consistently.
(3)The TSC must cause a taxi industry monitoring, compliance and enforcement policy developed under this section to be published on the Internet no later than 12 months after the commencement of this section.
(4)A taxi industry monitoring, compliance and enforcement policy must be reviewed every 3 years in accordance with section 191YH.
191YGTSC must coordinate and support implementation
(1)For the purpose of coordinating and supporting the implementation of a taxi industry monitoring, compliance and enforcement policy, the TSC must provide training, guidance and support to taxi compliance officers who monitor compliance with, and enforce, a commercial passenger vehicle law or specified road safety law.
(2)In addition, the TSC may coordinate and support the implementation of a taxi industry monitoring, compliance and enforcement policy in any other manner the TSC determines to be appropriate.
191YHTSC must consult when developing or reviewing taxi industry monitoring, compliance and enforcement policy
(1)The TSC must develop and review a taxi industry monitoring, compliance and enforcement policy in consultation with—
(a)Victoria Police; and
(b)the Privacy Commissioner; and
(c)VicRoads; and
(d)representatives of taxi industry participants.
(2)The TSC may consult with taxi industry regulators in other jurisdictions when developing and reviewing a taxi industry monitoring, compliance and enforcement policy if the TSC considers that it would be useful to do so.
191YIContent of taxi industry monitoring, compliance and enforcement policy
(1)A taxi industry monitoring, compliance and enforcement policy must provide guidance on—
(a)the exercise of the following kinds of powers under a commercial passenger vehicle law or specified road safety law—
(i)monitoring and compliance powers;
(ii)investigation powers;
(iii)enforcement powers; and
(b)the measures to be adopted to promote compliance with and enforcement of, a commercial passenger vehicle law or specified road safety law.
(2)A taxi industry monitoring, compliance and enforcement policy may provide guidance on other matters relevant to monitoring compliance with and enforcing a commercial passenger vehicle law or specified road safety law.
191YJTaxi industry monitoring, compliance and enforcement policy to be had regard to
Persons involved in compliance, monitoring and enforcement activities under a commercial passenger vehicle law or specified road safety law must, so far as is reasonably practicable, have regard to an applicable taxi industry monitoring, compliance and enforcement policy when performing functions and duties and exercising powers under those laws.".
37New Division 4ABA of Part VII inserted
After Division 4A of Part VII of the Principal Act insert—
"Division 4ABA—Enforcement of commercial passenger vehicle laws
Subdivision 1—Interpretation
228RADefinitions
In this Division—
accredited person means—
(a)a person who holds an accreditation under Division 4 of Part VI; or
Example
An accredited operator of a taxi-cab or an accredited taxi-cab network service provider.
(b)a person who holds a driver accreditation;
civil penalty provision means section 144E;
commercial passenger vehicle has the same meaning as in Part VI;
commercial passenger vehicle law means—
(a)Part VI or regulations made under or for the purposes of that Part; or
(b)section 216; or
(c)this Division or regulations made under or for the purposes of this Division; or
(d)section 81, 82, 83 or 83A of the Crimes Act 1958 but only in respect of conduct that constitutes or could constitute a contravention of any those sections and that arises out of—
(i)the hiring out of a taxi-cab; or
(ii)the processing of, or failure to process, payments for a taxi-cab fare; or
(iii)the making of, or failing to make, a payment under a driver agreement; or
(iv)the imposition of a taxi non-cash payment surcharge;
commercial passenger vehicle premises means a building or facility used in connection with the provision of—
(a)commercial passenger vehicle services; or
(b)taxi-cab network services; or
(c)non-cash payment processing services—
but does not include residential premises;
compliance and investigative purposes means purposes related to ascertaining whether a commercial passenger vehicle law has been or is being complied with, including whether—
(a)an offence has been committed against a provision of a commercial passenger vehicle law; or
(b)a civil penalty provision has been breached;
driver accreditation means an accreditation under Division 6 of Part VI;
driver agreement has the meaning given by section 162J;
information has the same meaning as in the Electronic Transactions (Victoria) Act 2000;
non-cash payment processing device means a device—
(a)used, or intended to be used, to process a taxi non-cash payment transaction; or
(b)that enables a taxi non-cash payment transaction to be processed;
Examples
EFTPOS machine, smartphone, computer tablet.
non-cash payment processing service means a service that facilitates the processing of a taxi non-cash payment transaction but does not include a service relating to a fee or charge imposed in respect of the use of a credit card, charge card or debit card levied—
(a)in compliance with a standard in force under section 18 of the Payment Systems (Regulation) Act 1998 of the Commonwealth by a participant in a designated payment processing system within the meaning of that Act in their capacity as participant in such a system; or
(b)by a person who acts consistently with a voluntary undertaking given by the person to, and accepted by, the Reserve Bank of Australia;
operate, in relation to a commercial passenger vehicle (other than a taxi-cab), means carry passengers for hire or reward;
operator, in relation to a taxi-cab, has the same meaning as in Part VI;
retention period, in relation to a thing seized under this Division, means a period of 90 days after the seizure of the thing;
specified person has the meaning given by section 228RB;
taxi-cab has the same meaning as in Part VI;
taxi-cab network service has the same meaning as in Division 4 of Part VI;
taxi-cab network service provider means a person who provides a taxi-cab network service;
taxi non-cash payment surcharge has the same meaning as in Part VI;
taxi non-cash payment transaction has the same meaning as in Part VI;
taxi compliance officer means a person appointed under section 228RC;
TSC Commissioner means a Commissioner within the meaning of section 115A of the Transport Integration Act 2010.
228RBMeaning of specified person
(1)A specified person is a person who is—
(a)an accredited person; or
(b)a holder of a commercial passenger vehicle licence (within the meaning of Part VI).
(2)A specified person includes a person who the TSC, or a taxi compliance officer, believes, on reasonable grounds, may be able to provide information, documents or assistance to the TSC or the officer for compliance and investigative purposes.
Subdivision 2—Taxi compliance officers
228RCAppointment
(1)The TSC, by instrument, may appoint as a taxi compliance officer any person who is suitably qualified or trained to exercise the powers of a taxi compliance officer under a commercial passenger vehicle law.
(2)An appointment under this section is for a term, and subject to the conditions, specified in the instrument.
(3)Without limiting the conditions to which the appointment of a taxi compliance officer may be subject, a condition may specify one or more of the following—
(a)the functions and powers under a commercial passenger vehicle law that may not be performed and exercised by the taxi compliance officer;
(b)the only functions and powers under a commercial passenger vehicle law that may be performed and exercised by the taxi compliance officer;
(c)the circumstances or manner in which a function or power under a commercial passenger vehicle law may be performed or exercised by the taxi compliance officer.
(4)To avoid doubt, a taxi compliance officer is an officer of the State.
228RDIdentity cards
(1)The TSC must issue an identity card to a taxi compliance officer appointed under section 228RC.
(2)An identity card must—
(a)state the taxi compliance officer's name and their appointment as a taxi compliance officer; and
(b)contain a photograph of the taxi compliance officer; and
(c)include any other matter that is prescribed.
228REReturn of identity cards
If a person to whom an identity card has been issued ceases to be a taxi compliance officer, the person must return the identity card to the TSC as soon as practicable.
Penalty:10 penalty units.
228RFProduction of identity card
(1)A taxi compliance officer must produce his or her identity card for inspection—
(a)before exercising a power under a commercial passenger vehicle law; or
(b)if asked to do so by any person at any time during the exercise of a power under a commercial passenger vehicle law.
(2)However, a taxi compliance officer need not produce his or her identity card when asked to do so if—
(a)the officer reasonably believes that the production of his or her identity card would—
(i)affect the safety or welfare of any person; or
(ii)frustrate the effective exercise of a power under a commercial passenger vehicle law; or
(b)the request to produce his or her identity card is made by a person to whom the officer has already produced that identity card on the same day before exercising a power under a commercial passenger vehicle law.
(3)Any action taken or thing done by a taxi compliance officer under a commercial passenger vehicle law is not invalidated by his or her failure to produce his or her identity card.
228RGTaxi compliance officers subject to TSC's direction
(1)The TSC may give a direction to a taxi compliance officer in relation to that officer's performance or exercise of a function or power under a commercial passenger vehicle law.
(2)A direction under subsection (1) may be of a general nature or may relate to a specified matter or class of matter.
228RHOffence to impersonate a taxi compliance officer
A person who is not a taxi compliance officer must not, in any way, hold himself or herself out to be a taxi compliance officer.
Penalty:60 penalty units.
Subdivision 3—Powers of entry
228RIPower of entry
(1)A taxi compliance officer may—
(a)enter, without consent, for a restricted purpose—
(i)any commercial passenger vehicle that is not at commercial passenger vehicle premises or residential premises if the operator or driver of the vehicle is present; or
(ii)any commercial passenger vehicle premises, at any time during which commercial passenger vehicle operations or other related activities are being carried out or are usually carried out at the premises; or
(iii)any commercial passenger vehicle at commercial passenger vehicle premises, at any time during which commercial passenger vehicle operations or other related activities are being carried out or are usually carried out at the premises; or
(b)for compliance and investigative purposes, enter any commercial passenger vehicle premises at any time if the person with control or management of the premises, or the occupier of the premises, consents to the entry of those premises; or
(c)for compliance and investigative purposes, enter any commercial passenger vehicle at any time if the operator or driver of the vehicle consents to the entry.
(2)A taxi compliance officer may also enter any commercial passenger vehicle premises or commercial passenger vehicle if the entry is authorised by a search warrant.
(3)For the purposes of subsection (1), a restricted purpose is a purpose related to ascertaining whether a commercial passenger vehicle law has been or is being complied with, including whether an offence has been committed against a provision of a commercial passenger vehicle law or whether a civil penalty provision has been breached, but only in relation to—
(a)a commercial passenger vehicle or equipment on or in, or that is ordinarily on or in, a commercial passenger vehicle; or
Examples
Examples of equipment on or in, or that are ordinarily on or in, a commercial passenger vehicle are a security camera, an emergency warning device, a driver protection screen and a taximeter.
(b)payments made or due under a driver agreement if the taxi compliance officer believes on reasonable grounds that it is necessary to do so in order to prevent the concealment, loss or destruction of evidence of a breach of the conditions of a driver agreement; or
(c)payments and fees and charges for the hiring of a taxi-cab, but only if the taxi compliance officer believes on reasonable grounds that it is necessary to do so to prevent the concealment, loss or destruction of evidence of non-compliance with a commercial passenger vehicle law.
228RJRequirements applying to entry when persons not present
(1)This section applies if a taxi compliance officer enters commercial passenger vehicle premises or a commercial passenger vehicle at commercial passenger vehicle premises under section 228RI(1)(a)(ii) or (iii) without the person with control or management of commercial passenger vehicle premises, or the occupier of the premises, being present.
(2)The taxi compliance officer must, on leaving the commercial passenger vehicle or commercial passenger vehicle premises, leave a notice setting out—
(a)the time of entry; and
(b)the purpose of entry; and
(c)a description of things done while in the vehicle or on the premises; and
(d)the time of departure; and
(e)the procedure for contacting the TSC for further details of the entry.
(3)This section does not apply to entry into a commercial passenger vehicle or onto commercial passenger vehicle premises by a taxi officer authorised by a search warrant.
228RKNotification of entry without prior notice to any person
(1)This section applies if a taxi compliance officer—
(a)enters a commercial passenger vehicle under section 228RI(1)(a)(i) without giving prior notice to the operator or driver of the vehicle; or
(b)enters commercial passenger vehicle premises or a commercial passenger vehicle at commercial passenger vehicle premises under section 228RI(1)(a)(ii) or (iii) without giving prior notice to the person with control or management of commercial passenger vehicle premises or the occupier of the premises.
(2)A taxi compliance officer must, as soon as practicable after entering the commercial passenger vehicle, take all reasonable steps to notify the operator and driver of the vehicle of that officer's entry.
(3)The taxi compliance officer must, as soon as practicable after entry onto commercial passenger vehicle premises, take all reasonable steps to notify the person with control or management of the premises, or the occupier of the premises, of that officer's entry.
228RLProcedure for entry with consent
(1)This section applies if—
(a)a taxi compliance officer intends to ask a person with control or management of commercial passenger vehicle premises, or the occupier of the premises, to consent to that officer entering the premises in accordance with section 228RI(1)(b); or
(b)a taxi compliance officer intends to ask the operator or driver of a commercial passenger vehicle to consent to that officer entering the vehicle in accordance with section 228RI(1)(c).
(2)Before asking for the consent, the officer must inform the person—
(a)of the purpose of the entry; and
(b)that the occupier is not required to consent.
(3)If the consent is given, the officer may ask the person to sign an acknowledgment of the consent.
(4)The acknowledgment must state—
(a)that the person has been informed—
(i)of the purpose of the entry; and
(ii)that the person is not required to consent; and
(b)the purpose of the entry; and
(c)that the person gives the officer consent to enter the place or vehicle and exercise powers under this Division; and
(d)the time and date the consent was given.
(5)If the person signs the acknowledgment, the taxi compliance officer must immediately give a copy to the person.
(6)If, in any proceeding, an acknowledgment of the consent is not produced to the court, it must be presumed, until the contrary is proved, that no person consented to the entry by a taxi compliance officer and the exercise of powers by that officer under this Division.
Subdivision 4—Inspection, inquiry, search and seizure powers
228RMGeneral inspection, inquiry and search powers
(1)A taxi compliance officer who enters or proposes to enter a commercial passenger vehicle or enters commercial passenger vehicle premises under this Division may, for the purpose for which entry is effected, do any of the following—
(a)search and inspect—
(i)the premises; or
(ii)the vehicle; or
(iii)a non-cash payment processing device;
(b)make copies, tests or sketches in connection with any inspection or inquiry;
(c)take photographs or film, videotape or otherwise record images or record sound in connection with any inspection or inquiry;
(d)search for and inspect relevant documents;
(e)require a person at the commercial passenger vehicle premises to produce to the officer any relevant documents in the person's custody or under the person's control;
(f)make copies of, or take extracts from, any document kept at the commercial passenger vehicle premises;
(g)require the following persons to give the officer reasonable help to exercise the officer's powers under paragraphs (a) to (f) or (h)—
(i)a person at the commercial passenger vehicle premises;
(ii)the operator or driver of a commercial passenger vehicle;
(h)exercise any other power conferred on the officer by this Act.
(2)In doing any thing referred to in subsection (1), a taxi compliance officer may be assisted by any person.
(3)A film, photograph, videotape or image taken under subsection (1)(c) of a commercial passenger vehicle, or of any part of a commercial passenger vehicle, is not inadmissible as evidence by reason only of the fact that it includes the likeness of one or more of the commercial passenger vehicle's passengers if the capturing of that likeness does not appear to have been the main reason for the taking of the film, photograph, videotape or image.
(4)A person required to give reasonable help under subsection (1)(g) must not, without reasonable excuse, fail to comply with the requirement.
Penalty:In the case of a natural person, 60 penalty units;
In the case of a body corporate, 300 penalty units.
(5)In this section—
reasonable help includes—
(a)assistance to enable the taxi compliance officer to find and gain access to—
(i)electronically stored material and information at the commercial passenger vehicle premises or on or in the commercial passenger vehicle; or
(ii)equipment that is on or in, or that is ordinarily on or in, a commercial passenger vehicle; and
(b)running the engine of a commercial passenger vehicle; and
(c)operate equipment on or in a commercial passenger vehicle; and
(d)operate a non-cash payment processing device.
Subdivision 5—Search warrants
228RNSearch warrant
(1)A taxi compliance officer may apply to a magistrate for the issue of a search warrant for a place, commercial passenger vehicle or non-cash payment processing device if the taxi compliance officer believes on reasonable grounds that there is, or may be within the next 72 hours, in the place, or in or on the vehicle or device, evidence of—
(a)the commission of an offence against a commercial passenger vehicle law; or
(b)a breach of a civil penalty provision.
(2)If a magistrate is satisfied that there are reasonable grounds for suspecting that there is, or may be within the next 72 hours, in a place, or in or on a commercial passenger vehicle or non-cash payment processing device, evidence of the commission of an offence against commercial passenger vehicle law or a breach of a civil penalty provision, the magistrate may issue a search warrant authorising a taxi compliance officer named in the warrant and any assistants the taxi compliance officer considers necessary—
(a)to enter the place named or described in the warrant; or
(b)to inspect a commercial passenger vehicle or non-cash payment processing device named or described in the warrant; or
(a)all amounts received under agreements, leases or licences to which the Public Transport Development Authority, or another person on behalf of the Authority, is a party relating to, or connected with, passenger services or other transport services; and
(b)all amounts allocated to the Public Transport Development Authority in accordance with any agreement referred to in section 79AF(2)(e).".
54Functions of Taxi Services Commission
After section 115F(1)(da) of the Transport Integration Act 2010 insert—
"(dab)to provide preliminary assistance in resolving disputes concerning a condition of a driver agreement (within the meaning of Division 5C of Part VI of the Transport (Compliance and Miscellaneous) Act 1983) or a proposed such agreement;".
55Definitions—Part 7A
In section 197A of the Transport Integration Act 2010—
(a)for the definitions of decision and regulator substitute—
"decision, of a regulator, includes any determination made, or direction given, by the regulator in the performance of the regulator's statutory functions and duties but does not include—
(a)a direction given by the Director, Transport Safety under Division 2 of Part 4 of the Rail Safety (Local Operations) Act 2006; or
(b)a direction given by the National Rail Safety Regulator under Subdivision 2 of Division 6 of Part 3 of the Rail Safety National Law (Victoria);
regulator means—
(a)the National Rail Safety Regulator; or
(b)a road authority; or
(c)a transport safety agency; or
(d)a Transport Corporation; or
(e)a transport system agency;";
(b)the definition of regulated body is repealed;
56Section 197B substituted
For section 197B of the Transport Integration Act 2010 substitute—
"197B Resolution of conflict by regulators
(1)This section applies if—
(a)a person is subject to decisions of different regulators; and
(b)more than one regulator has made a decision in relation to a particular activity; and
(c)in carrying out that activity, it is not possible for the person to comply with all of those decisions.
(2)The person must notify each of the regulators and the Secretary that it is not possible for the person to carry out the activity and comply with all of the regulators' decisions.
(3)As soon as practicable after a notification is given under subsection (2), the regulators or their representatives must meet and each regulator must give reasonable consideration to the extent, if any, to which the original decisions may be varied in order that the person may carry out the activity and comply with the decisions of all the regulators.
(4)The Secretary may—
(a)chair the meeting, or any subsequent meeting held in accordance with subsection (3); and
(b)give reasonable directions about the meeting and any subsequent meeting to any of the regulators.".
57Determination by the Minister or Ministers
(1)For section 197C(1)(b)(i) and (ii) of the Transport Integration Act 2010 substitute—
"(i)the Secretary is satisfied that the respective statutory functions and duties of the regulators prevent them from varying their decisions to the extent necessary to enable the person to comply with all the decisions; or
(ii)28 days have elapsed since the notification and the regulators have not been able to agree to variations to their decisions to the extent necessary to enable the person to comply with all the decisions.".
(2)In section 197C(3) of the Transport Integration Act 2010—
(a)for "decision" substitute "decisions (the approved decisions)";
(b)for "regulated body" substitute "person".
(3)For section 197C(4)(a) and (b) of the Transport Integration Act 2010 substitute—
"(a)a person need not comply with a decision of a road authority—the Minister administering the Road Management Act 2004 must direct the road authority to revoke that decision to the extent that is inconsistent with the approved decisions; or
(b)a person need not comply with the decision of a regulator that is not a road authority—the Minister administering this Act must direct the regulator to revoke that decision to the extent that is inconsistent with the approved decisions.".
58Regulators subject to guidelines and directions
In section 197D(1) of the Transport Integration Act 2010, for "road authority and the Director, Transport Safety" substitute "regulator".
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Part 5—Amendment of Other Acts
Division 1—Heavy Vehicle National Law Application Act 2013
59Definitions
In section 3(1) of the Heavy Vehicle National Law Application Act 2013 insert the following definition—
"member of the force has the same meaning as in the Police Regulation Act 1958;".
60Authorised officer
(1)Section 12(3) of the Heavy Vehicle National Law Application Act 2013 and the note at the foot of that subsection are repealed.
(2)At the foot of section 12 of the Heavy Vehicle National Law Application Act 2013 insert—
"Note
See section 5 of the Heavy Vehicle National Law (Victoria) for the definition of authorised officer.".
61Persons who may commence proceedings for offences
(1)After section 31(1)(b) of the Heavy Vehicle National Law Application Act 2013 insert—
"(ba)a member of the force; or".
(2)In section 31(1)(e) of the Heavy Vehicle National Law Application Act 2013—
(a)after "authorised officer" insert "(other than a member of the force)";
(b)for "Corporation; or" substitute "Corporation.".
(3)Section 31(1)(f) of the Heavy Vehicle National Law Application Act 2013 is repealed.
Division 2—Ombudsman Act 1973
62Ombudsman Act 1973 amendment—taxi compliance officers
After item 33 of Schedule 1 to the Ombudsman Act 1973 insert—
| "33A | A person in the person's capacity as a taxi compliance officer within the meaning of section 228RA of the Transport (Compliance and Miscellaneous) Act 1983 | A Commissioner within the meaning of section 115I of the Transport Integration Act 2010 | Minister administering Division 4ABA of Part VII of the Transport (Compliance and Miscellaneous) Act 1983". |
Division 3—Road Safety Amendment (Operator Onus) Act 2012
63Statute law revision
(1)In the heading to section 10 of the Road Safety Amendment (Operator Onus) Act 2012, for "84BJ" substitute "84BIA".
(2)In section 10 of the Road Safety Amendment (Operator Onus) Act 2012, in proposed new section 84BJ of the Road Safety Act 1986, for "84BJ" substitute "84BIA".
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Part 6—Repeal of Amending Act
64Repeal of amending Act
This Act is repealed on 1 March 2016.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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Endnotes
Minister's second reading speech—
Legislative Assembly: 13 March 2014
Legislative Council: 27 March 2014
The long title for the Bill for this Act was "A Bill for an Act to amend the Transport (Compliance and Miscellaneous) Act 1983, the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013, the Transport Integration Act 2010, the Heavy Vehicle National Law Application Act 2013, the Ombudsman Act 1973 and the Road Safety Amendment (Operator Onus) Act 2012 and for other purposes."
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