Untitled document

Commercial Passenger Vehicle Industry Amendment (Further Reforms) Act 2017

No. 63 of 2017

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purpose

2Commencement

3Principal Act

Part 2—Amendment of Commercial Passenger Vehicle Industry Act 2017

Division 1—Repeal of spent provisions

4Original Parts 3 and 4 repealed

Division 2—Regulatory reform amendments

5Purposes of Act substituted

6Commencement

7Definitions

8New sections 3A and 3B inserted

9New sections 5A to 5C inserted

10New sections 6A and 6B inserted

11Persons liable for levy must be registered

12New section 15A inserted

13Section 20 repealed

14Renumbering of certain sections of Part 1 of Principal Act

15Renumbering of certain sections of original Part 2 of Principal Act

16Renumbering of original Part 2 as Part 11

17Consequential renumbering

18New Parts 2 to 10 inserted

19New Parts 12 to 14 inserted

20New Schedules 1, 2 and 3 inserted

Part 3—Amendment of other Acts

21Consequential amendments

Part 4—Repeal of amending Act

22Repeal of amending Act

Schedule 1—Consequential amendments

═════════════

Endnotes

1      General information

Commercial Passenger Vehicle Industry Amendment (Further Reforms) Act 2017

No. 63 of 2017

[Assented to 19 December 2017]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purpose

The main purpose of this Act is to amend the Commercial Passenger Vehicle Industry Act 2017—

(a)to provide for a new framework for the regulation of the commercial passenger vehicle industry in Victoria including—

(i)new safety duties for commercial passenger vehicle industry participants; and

(ii)registration schemes for commercial passenger vehicles and booking service providers; and

(iii)an accreditation scheme for drivers of commercial passenger vehicles; and

(iv)certain protections for—

(A)consumers of commercial passenger vehicle services; and

(B)drivers of commercial passenger vehicles; and

(b)to re-enact, with modifications, certain provisions of the Transport (Compliance and Miscellaneous) Act 1983 for the purpose of the new framework referred to in paragraph (a); and

(c)to make consequential amendments to the Transport (Compliance and Miscellaneous) Act 1983 and other Acts, including amendments to the Transport (Compliance and Miscellaneous) Act 1983 that will have the effect of enabling providers of commercial passenger vehicle services and booking services to set fares in relation to the provision of commercial passenger vehicle services under the new framework referred to in paragraph (a) (subject to a scheme applying to certain unbooked commercial passenger vehicle services).

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 7 July 2018, it comes into operation on that day.

3Principal Act

In this Act, the Commercial Passenger Vehicle Industry Act 2017 is called the Principal Act.

PART 2—AMENDMENT OF COMMERCIAL PASSENGER VEHICLE INDUSTRY ACT 2017

Division 1—Repeal of spent provisions

4Original Parts 3 and 4 repealed

Parts 3 and 4 of the Principal Act are repealed.

Division 2—Regulatory reform amendments

5Purposes of Act substituted

For section 1 of the Principal Act substitute—

"1   Purposes

The main purposes of this Act are—

(a)to provide for a new regulatory framework for the regulation of the commercial passenger vehicle industry in Victoria, including—

(i)new safety duties for commercial passenger vehicle industry participants; and

(ii)registration schemes for commercial passenger vehicles and booking service providers; and

(iii)an accreditation scheme for drivers of commercial passenger vehicles; and

(iv)certain protections for—

(A)consumers of commercial passenger vehicle services; and

(B)drivers of commercial passenger vehicles; and

(b)to impose a levy on the carrying out of commercial passenger vehicle service transactions—

(i)to recover the cost of transitional assistance provided to certain participants in the commercial passenger vehicle industry; and

(ii)to partly fund the regulation of the commercial passenger vehicle industry.".

6Commencement

(1)In section 2(3) of the Principal Act, for "30 June 2018" substitute "1 July 2018".

(2)Insert the following note at the foot of section 2 of the Principal Act—

"Note

This section reflects the commencement arrangements for the Act as originally enacted. Parts 3 and 4 were repealed by the Commercial Passenger Vehicle Industry Amendment (Further Reforms) Act 2017 after they came into operation. Section 20, as enacted, was repealed and re‑enacted by that Act as part of section 289.".

7Definitions

(1)In section 3(1) of the Principal Act insert the following definitions—

"accredited driver means a person who holds a driver accreditation;

authorised officer means a person appointed under section 125;

booking service provider means a person who provides a booking service;

business day means a day other than—

(a)a Saturday or Sunday; or

(b)a day appointed under the Public Holidays Act 1993 as a public holiday or public half-holiday throughout the whole of Victoria;

category 1 offence means an offence listed in Part 1 of Schedule 1;

category 2 offence means an offence listed in Part 2 of Schedule 1;

category 3 offence means an offence listed in Part 3 of Schedule 1;

certificate of accreditation means a certificate issued under section 78;

charitable passenger service means the carriage of one or more passengers on a journey to which each of the following applies—

(a)the main purpose of the journey is to carry the passengers;

(b)the journey is made for or on behalf of—

(i)a Council; or

(ii)a prescribed body, as part of its charitable or benevolent work or its work for the relief or welfare of members of the public;

(c)the driver receives no remuneration for the journey, except as provided by paragraph (d);

(d)the consideration for the carriage is merely the payment by a passenger, or the Council or prescribed body, of all or part of the costs incurred in making the journey with neither the driver nor any other person making a profit from the carriage;

commercial passenger vehicle safety means safety associated with the provision of commercial passenger vehicle services;

company has the meaning given by section 9 of the Corporations Act;

compliance and investigative purposes means purposes related to ascertaining whether an industry law has been or is being complied with;

co-operative has the same meaning as in the Co‑operatives National Law (Victoria);

costs incurred in making the journey includes—

(a)fuel costs; and

(b)maintenance costs; and

(c)parking costs; and

(d)insurance costs; and

(e)vehicle depreciation;

Council has the meaning given by section 3(1) of the Local Government Act 1989;

Department means the Department of Economic Development, Jobs, Transport and Resources;

director has the meaning given by section 9 of the Corporations Act;

disciplinary action—see section 215;

disciplinary notice—see section 216(2);

disqualifying offence means a category 1 offence, a category 2 offence or a category 3 offence;

drive, in relation to a motor vehicle, includes being in control of the vehicle;

driver accreditation means an accreditation under Part 5;

driver agreement means an agreement made between the owner of a commercial passenger vehicle and another person (the driver) under which the driver is permitted to have possession of the commercial passenger vehicle for the purpose of driving it but does not include an agreement for the purchase of the vehicle or a contract of employment or of service;

FOI exempt document means a document that—

(a)is given to the regulator by an agency (as defined in the Freedom of Information Act 1982) or a Minister; and

(b)is an exempt document under the Freedom of Information Act 1982 in the hands of the agency or Minister;

exclusion order means an order of a court under section 209;

highway has the meaning given by section 3(1) of the Road Safety Act 1986;

hiring, in relation to a commercial passenger vehicle, includes hiring the vehicle through the use of a booking service;

improvement notice means a notice served under section 171;

incorporated association has the meaning given by section 3 of the Associations Incorporation Reform Act 2012;

industry law means—

(a)this Act; or

(b)the regulations; or

(c)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 of those sections that arises out of—

(i)arranging, procuring or providing a commercial passenger vehicle service; or

(ii)processing or failing to process a payment for a commercial passenger vehicle service; or

(iii)making or failing to make a payment under a driver agreement; or

(iv)imposing a non-cash payment surcharge; or

(d)section 324 of the Crimes Act 1958 to the extent that it relates to—

(i)an offence against this Act or the regulations; or

(ii)an offence against a provision referred to in paragraph (c) constituted by conduct referred to in that paragraph; or

(e)the rules made under section 95D of the Road Safety Act 1986 as applying in relation to commercial passenger vehicle services; or

(f)regulations made under the Road Safety Act 1986 for the purposes of item 34 of Schedule 2 to that Act as those regulations apply in relation to commercial passenger vehicle services;

industry premises—see section 3B;

information has the meaning given by section 3(1) of the Electronic Transactions (Victoria) Act 2000;

legal practitioner means an Australian legal practitioner;

manager, in relation to an applicant for registration under Part 4 or a registered booking service provider, means a person who is concerned, or takes part, in the management of the activities to which the application or the registration relates, whether as an employee of the applicant or provider or otherwise;

monitoring, compliance and enforcement policy means the policy referred to in section 275;

non-cash payment processing device means a device—

(a)used, or intended to be used, to process a non-cash payment transaction; or

(b)that enables a 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 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)by a participant in a designated payment system within the meaning of the Payment Systems (Regulation) Act 1998 of the Commonwealth and is of a kind covered by a standard in force under section 18 of that Act; 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;

non-cash payment surcharge—see section 112;

non-cash payment transaction means the payment, other than by cash, of any amount due in respect of the hiring of a commercial passenger vehicle;

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 secretary (as defined by section 3 of the Associations Incorporation Reform Act 2012) of the incorporated association; or

(b)a member of the committee (as defined by section 3 of the Associations Incorporation Reform Act 2012) of the incorporated association; or

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

owner of a commercial passenger vehicle—

(a)includes—

(i)a joint owner of the vehicle; and

(ii)any person who has the use of the vehicle under a hiring or hire‑purchase agreement; and

(iii)any person in whose name the vehicle is registered under the Road Safety Act 1986 or a corresponding law of another State or a Territory; but

(b)does not include an unpaid vendor of the vehicle under a hire-purchase agreement;

permission means—

(a)a commercial passenger vehicle registration under Part 3; or

(b)a booking service provider registration under Part 4; or

(c)a driver accreditation;

permission holder means—

(a)a person in whose name a motor vehicle is registered under Part 3; or

(b)a registered booking service provider; or

(c)an accredited driver;

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

prescribed amount of a non-cash payment surcharge is—

(a)the maximum amount of the surcharge as determined by the ESC under Division 3 of Part 6; or

(b)until the first such determination, 5% of the amount that would be payable in respect of the hiring to which the surcharge relates if that amount were paid in cash;

prohibition notice means a notice served under section 180;

provider, of an unbooked commercial passenger vehicle service, means—

(a)the owner of the commercial passenger vehicle used in the provision of the service (relevant vehicle) if the driver of the relevant vehicle is an employee of the owner; or

(b)in any other case, the driver of the relevant vehicle;

prescribed amount of a non-cash payment surcharge is—

(a)the maximum amount of the surcharge as determined by the ESC under Division 3 of Part 6; or

(b)until the first such determination, 5% of the amount that would be payable in respect of the hiring to which the surcharge relates if that amount were paid in cash;

public care objective—see section 69;

register of permission holders means the register kept by the regulator under section 227;

registered booking service provider means a person registered under Part 4;

regulator means the Commercial Passenger Vehicle Commission established by section 115B of the Transport Integration Act 2010;

relevant person, in relation to an applicant for registration under Part 4 or a registered booking service provider, means—

(a)if the applicant or provider is an individual, each manager of the applicant or provider; or

(b)if the applicant or provider is a partnership, each partner and each manager of the applicant or provider; or

(c)if the applicant or provider is an unincorporated body or association other than a partnership, each member of the committee of management, and each manager, of the body or association; or

(d)if the applicant or provider is a company, a co-operative or an incorporated association, each officer and each manager of the company, co‑operative or incorporated association; or

(e)if the applicant or provider is a body corporate other than a company, co‑operative or incorporated association, each officer and each manager of the body corporate;

responsible person, in relation to an applicant for registration under Part 4 or a registered booking service provider, means—

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

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

retentionperiod, in relation to a thing seized under Part 7, means a period of 90 days after the seizure of the thing;

Roads Corporation has the meaning given by section 3 of the Transport Integration Act 2010;

Secretary means the Secretary to the Department;

supervisory intervention order means an order of a court under section 207;

traffic infringement has the meaning given by section 3(1) of the Road Safety Act 1986;

vehicle pooling service means the carriage of one or more passengers on a journey to which each of the following applies—

(a)the carriage of the passengers is incidental to the main purpose of the journey;

(b)the carriage is not the result of touting for passengers by the driver or any other person on any highway;

(c)no more than 7 passengers are being carried;

(d)the consideration for the carriage is merely—

(i)an undertaking by a passenger to carry the driver, or a family member of the driver, on a similar journey on the same basis; or

(ii)the payment by a passenger of a share of the costs incurred in making the journey with neither the driver nor any other person making a profit from the carriage.".

(2)In section 3(1) of the Principal Act—

(a)for the definition of commercial passenger vehicle substitute—

"commercial passenger vehicle means a motor vehicle registered under Part 3;";

(b)for the definition of commercial passenger vehicle service substitute—

"commercial passenger vehicle service—see section 3A;";

(c)in the definition of motor vehicle, after "vehicle" (where last occurring) insert "but does not include a bus used to provide a bus service";

(d)the definition of TSC is repealed;

(e)in the definition of unbooked commercial passenger vehicle service, for "service." substitute "service;".

(3)Section 3(2) of the Commercial Passenger Vehicle Industry Act 2017 is repealed.

(4)In section 5(2)(c) of the Commercial Passenger Vehicle Industry Act 2017, for "reward or hiring fee" substitute "fare or other consideration".

8New sections 3A and 3B inserted

After section 3 of the Commercial Passenger Vehicle Industry Act 2017 insert—

"3A   Meaning of commercial passenger vehicle service

(1)A commercial passenger vehicle service is the carriage, for a fare or other consideration, of one or more passengers in a motor vehicle on a journey that begins in Victoria and ends at one or more destinations (whether in or outside Victoria).

(2)Each of the following activities is also a commercial passenger vehicle service—

(a)doing either of the following things while being available to provide the service referred to in subsection (1)—

(i)driving a motor vehicle;

(ii)being in charge of a motor vehicle;

(b)driving a motor vehicle to collect a passenger referred to in subsection (1).

(3)None of the following things is a commercial passenger vehicle service—

(a)a charitable passenger service;

(b)a vehicle pooling service;

(c)driving a motor vehicle while being available to provide a charitable passenger service or a vehicle pooling service;

(d)driving a motor vehicle to collect a passenger for a charitable passenger service or a vehicle pooling service;

(e)the driving of a vehicle operated by or on behalf of and under the control of—

(i)an ambulance service created under section 23 of the Ambulance Services Act 1986 or listed in Schedule 1 to that Act; or

(ii)an ambulance service created under a law in force in another State or in a Territory of the Commonwealth;

(f)the driving of a motor vehicle for the purposes of a non-emergency patient transport service (within the meaning of the Non-Emergency Patient Transport Act 2003).

3BMeaning of industry premises

(1)Industry premises are a building or facility used in connection with the provision of—

(a)a commercial passenger vehicle service; or

(b)a booking service; or

(c)a non-cash payment processing service.

(2)Residential premises are not industry premises.".

9New sections 5A to 5C inserted

After section 5 of the Principal Act insert—

"5A   References in this Act to persons charged with an offence

In this Act, a reference to a person who has been charged with an offence is a reference to a person—

(a)against whom an indictment has been filed for the offence; or

(b)against whom a charge-sheet charging the offence has been filed, whether or not either of the following has been issued or served—

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

(ii)a warrant to arrest the person.

5BReferences in this Act to charges not finally disposed of

In this Act, 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 discontinuance of the prosecution; or

(b)being dismissed by a court; or

(c)the person charged being discharged by a court following a committal proceeding; or

(d)the person charged being acquitted or found guilty of the offence that was the subject of the charge by a court; or

(e)any other prescribed means.

5CObjectives

The objectives of this Act are to promote—

(a)competition in the market for commercial passenger vehicle services; and

(b)commercial passenger vehicle safety; and

(c)the effective management of safety risks arising out of the provision of commercial passenger vehicle services; and

(d)continuous improvement in the management of commercial passenger vehicle safety; and

(e)public confidence in the safety of commercial passenger vehicle services; and

(f)the involvement of relevant stakeholders in commercial passenger vehicle safety; and

(g)a safety culture among persons who participate in the provision of commercial passenger vehicle services; and

(h)protections for users of commercial passenger vehicle services; and

(i)transparency in transactions for the provision of commercial passenger vehicle services.".

10New sections 6A and 6B inserted

After section 6 of the Principal Act insert—

"6A Transport Integration Act 2010

This Act is transport legislation within themeaning of the Transport Integration Act 2010.

6BInteraction with the Occupational Health and Safety Act 2004

(1)If an OHS provision applies to an activity in respect of which a duty is imposed under Division 3 of Part 2, the OHS provision continues to apply and must be observed in addition to that Division and any regulations made under this Act for the purposes of that Division.

Note

See also section 51 of the Interpretation of Legislation Act 1984.

(2)If a provision of this Act or the regulations made under this Act is inconsistent with an OHS provision, the OHS provision prevails to the extent of the inconsistency.

(3)Compliance with this Act or the regulations made under this Act, or with any requirement imposed under this Act or the regulations, is not in itself a defence in any proceedings for an offence against an OHS provision.

(4)Evidence of a relevant contravention of this Act or the regulations made under this Act is admissible in any proceedings for an offence against an OHS provision.

(5)In this section—

OHS provision means a provision of the Occupational Health and Safety Act 2004 or the regulations made underthat Act.".

11Persons liable for levy must be registered

(1)For the penalty at the foot of section 14(1) of the Principal Act substitute—

"Penalty:In the case of an individual, 100 penalty units;

In the case of a body corporate, 500penalty units.".

(2)For section 14(5) of the Principal Act and the note at the foot of that subsection substitute—

"(5)To avoid doubt, for the purposes of section 215, subsection (1) imposes a requirement on a permission holder who is liable to pay a levy to be registered under this Part.

Note

Under section 215 the regulator may suspend or cancel the permission of a permission holder who contravenes a requirement applying to the permission holder under this Part.".

12New section 15A inserted

After section 15 of the Principal Act insert—

"15A   Additional information to be provided to the Commissioner

(1)A person to whom section 15(1) applies must give to the Commissioner information on the number of times commercial passenger vehicle services were provided during a return period in a geographic area or areas determined by the Commissioner.

(2)The person must give the information to the Commissioner—

(a)in a manner and form determined by the Commissioner; and

(2)at the same time as the person lodges a return for that return period under section 15(1).".

13Section 20 repealed

Section 20 of the Principal Act is repealed.

14Renumbering of certain sections of Part 1 of Principal Act

The sections of the Principal Act set out in column 1 of the Table to this section are renumbered as set out opposite those sections in column 2 of the Table.

Table

Column 1

Section number

Column 2

Renumbered section number

3A

4

3B

5

4

6

5

7

5A

8

5B

9

5C

10

6

11

6A

12

6B

13

7

14

8

15

15Renumbering of certain sections of original Part 2 of Principal Act

The sections of the Principal Act set out in column 1 of the Table to this section are renumbered as set out opposite those sections in column 2 of the Table.

Table

Column 1

Section number

Column 2

Renumbered section number

9

235

10

236

11

237

12

238

13

239

14

240

15

241

15A

242

16

243

17

244

18

245

19

246

16Renumbering of original Part 2 as Part 11

(1)In section 6 of the Principal Act, for "2" substitute "11".

(2)In the Note at the foot of section 6 of the Principal Act, for "2" (where twice occurring) substitute "11".

(3)In the heading to Part 2 of the Principal Act, for "2" substitute "11".

17Consequential renumbering

(1)In section 3 of the Principal Act omit "(1)" appearing before "In".

(2)In section 3 of the Principal Act—

(a)in the definition of affiliated service, for "5(1)(a) or (b)" substitute "7(1)(a) or (b)";

(b)in the definition of affiliation agreement, for "4" substitute "6";

(c)in the definition of booking service, for "5" substitute "7";

(d)in the definition of commercial passenger vehicle service, for "3A" substitute "4";

(e)in the definition of industry premises, for "3B" substitute "5";

(f)in the definition of levy, for "9" substitute "235";

(g)in the definition of registered levy payer, for "14(4)" substitute "240(4)";

(h)in the definition of return period, for "13" substitute "239".

(3)In sections 4(a) and 18 of the Principal Act, for "15(1) or 17(1)" substitute "241(1) or 244(1)".

18New Parts 2 to 10 inserted

After Part 1 of the Principal Act insert—

"PART 2—SAFETY PRINCIPLES AND DUTIES

Division 1—Principles of commercial passenger vehicle safety

16Principle of shared responsibility

(1)Commercial passenger vehicle safety is the shared responsibility of—

(a)owners of motor vehicles used to provide commercial passenger vehicle services; and

(b)drivers of motor vehicles used to provide commercial passenger vehicle services; and

(c)booking service providers; and

(d)persons who have control over the provision of commercial passenger vehicle services; and

(e)suppliers of services and equipment to the commercial passenger vehicle industry; and

(f)the regulator; and

(g)members of the public.

(2)The level and nature of responsibility that a person referred to in subsection (1), or a person within a class of persons referred to in subsection (1), has for commercial passenger vehicle safety is dependent on—

(a)the nature of the risk to commercial passenger vehicle safety that the person creates from the carrying out of an activity or the making of a decision; and

(b)the capacity that that person has to control, eliminate or mitigate that risk or any other risk to commercial passenger vehicle safety.

17Principle of accountability for managing safety risks

Managing risks associated with the provision of commercial passenger vehicle services is the responsibility of the person best able to control the risk.

18Principle of enforcement

Enforcement of this Act and the regulations should be undertaken for the purpose of—

(a)protecting public safety; and

(b)promoting improvement in commercial passenger vehicle safety; and

(c)removing any incentive for unfair commercial advantage that might be derived from contravening the safety requirements under this Act or the regulations; and

(d)influencing the attitude and behaviour of persons whose actions may have adverse impacts on commercial passenger vehicle safety.

19Principle of timeliness and transparency

Regulatory decision-making processes for the commercial passenger vehicle industry should be timely and transparent.

20Principle of participation, consultation and involvement of all affected persons

The persons and classes of persons referred to in section 16(1) should—

(a)participate in or be able to participate in; and

(b)be consulted on; and

(c)be involved in—

the formulation and implementation of measures to manage risks to commercial passenger vehicle safety.

21Effect of principles under this Division

The Parliament does not intend by this Division to create in any person any legal right or give rise to any civil cause of action.

Division 2—The concept of ensuring safety

22The concept of ensuring safety

(1)To avoid doubt, a duty imposed on a person under this Act or the regulations to ensure, so far as is reasonably practicable, safety, requires the person to—

(a)eliminate risks to safety so far as is reasonably practicable; and

(b)if it is not reasonably practicable to eliminate risks to safety, to reduce those risks so far as is reasonably practicable.

(2)To avoid doubt, for the purposes of this Part or regulations made for the purposes of this Part regard must be had to the following matters in determining what is (or was at a particular time) reasonably practicable in relation to ensuring safety—

(a)the likelihood of the hazard or risk concerned eventuating;

(b)the degree of harm that would result if the hazard or risk eventuated;

(c)what the person concerned knows, or ought reasonably to know, about the hazard or risk and any ways of eliminating or reducing the hazard or risk;

(d)the availability and suitability of ways to eliminate or reduce the hazard or risk;

(e)the cost of eliminating or reducing the hazard or risk.

Division 3—Safety duties

23Duties of owners of motor vehicles used to provide commercial passenger vehicle services

(1)An owner of a motor vehicle who knows, or ought reasonably to know, that the vehicle is being used, or is to be used, to provide commercial passenger vehicle services must, so far as is reasonably practicable, ensure those services are provided safely.

Penalty:In the case of an individual, 1800 penalty units;

In the case of a body corporate, 9000 penalty units.

Note

Section 284 (criminal liability of officers of bodies corporate—failure to exercise due diligence) applies to an offence against this subsection.

(2)Without limiting subsection (1), an owner contravenes that subsection if the owner fails to do any of the following—

(a)maintain the vehicle in a fit, serviceable and safe condition;

(b)provide or maintain any equipment or systems used in the vehicle in accordance with the regulations;

(c)provide sufficient information or instruction to the driver of the vehicle who is using it to provide commercial passenger vehicle services to enable that driver to provide those services safely.

(3)An offence against subsection (1) is an indictable offence.

24Duties of booking service providers

(1)A booking service provider must, so far as is reasonably practicable, ensure commercial passenger vehicle services provided by an associated driver are provided safely.

Penalty:In the case of an individual, 1800 penalty units;

In the case of a body corporate, 9000 penalty units.

Note

Section 284 (criminal liability of officers of bodies corporate—failure to exercise due diligence) applies to an offence against this subsection.

(2)Without limiting subsection (1), a booking service provider contravenes that subsection if the booking service provider fails to do any of the following—

(a)identify and manage risks to safety associated with commercial passenger vehicle services provided by an associated driver;

(b)acquire and maintain a database of the hazards or risks relating to the provision of commercial passenger vehicle services by associated drivers and the measures taken to eliminate or reduce the hazards or risks;

(c)provide information, instruction, training or supervision to associated drivers to enable those drivers to provide commercial passenger vehicle services safely, including implementing systems or processes for—

(i)the management of driver fatigue; and

(ii)drug and alcohol testing of drivers; and

(iii)the maintenance of commercial passenger vehicles; and

(iv)emergency management; and

(v)driver behaviour, competency and medical fitness.

(3)An offence against subsection (1) is an indictable offence.

(4)In this section—

associated driver, in relation to a booking service provider, means a driver of a motor vehicle who provides commercial passenger vehicle services through booking services provided by the provider.

25Duties of persons who have control over the provision of commercial passenger vehicle services

(1)A person who has control over the provision of commercial passenger vehicle services, must, so far as is reasonably practicable, ensure those services are provided safely.

Penalty:In the case of an individual, 1800 penalty units;

In the case of a body corporate, 9000 penalty units.

Note

Section 284 (criminal liability of officers of bodies corporate—failure to exercise due diligence) applies to an offence against this subsection.

(2)An offence against subsection (1) is an indictable offence.

(3)For the purposes of this section—

(a)a reference to a person who has control over the provision of commercial passenger vehicle services includes a person who would have control if not for any agreement purporting to limit or remove that control; and

(b)a passenger of a motor vehicle who is being provided commercial passenger vehicle services does not have control over the provision of those services.

26Duties of suppliers of services or equipment

(1)A person who supplies, installs, maintains, repairs or modifies any thing and knows, or ought reasonably to know, that the thing is used, or is to be used, in the provision of commercial passenger vehicle services must—

(a)ensure, so far as is reasonably practicable, that the thing is safe when used for a purpose for which it was supplied, installed, maintained, repaired or modified; and

(b)carry out, or arrange the carrying out, of such testing and examination as may be necessary for compliance with this section; and

(c)in the case of a thing to which paragraph (a) applies, take such action as is necessary to ensure that there will be available in connection with the use of the thing adequate information about—

(i)the use for which the thing was supplied, installed, maintained, repaired or modified; and

(ii)the results of any testing or examination referred to in paragraph (b); and

(iii)any conditions necessary to ensure the thing is safe when used for a purpose for which it was supplied, installed, maintained, repaired or modified.

Penalty:In the case of an individual, 1800 penalty units;

In the case of a body corporate, 9000 penalty units.

Note

Section 284 (criminal liability of officers of bodies corporate—failure to exercise due diligence) applies to an offence against this subsection.

(2)An offence against subsection (1) is an indictable offence.

(3)For the purposes of subsection (1), if the person who supplies the thing—

(a)carries on the business of financing the acquisition of the thing by customers; and

(b)has, in the course of that business, acquired an interest in the thing solely for the purpose of financing its acquisition by a customer from a third person or its provision to a customer by a third person; and

(c)has not taken possession of the thing or has taken possession of it solely for the purpose of passing possession to that customer—

the reference in that subsection to the person who supplies that thing is instead taken to be a reference to the third person.

(4)This section does not apply to a person who designs, commissions, constructs or manufactures a motor vehicle.

(5)In this section—

supplies includes designs, commissions, constructs or manufactures.

27Duties of drivers providing commercial passenger vehicle services

(1)A driver of a motor vehicle who provides or will be providing commercial passenger vehicle services by means of the vehicle must—

(a)take reasonable care for the driver's own health and safety; and

(b)take reasonable care for the health and safety of persons who may be affected by the driver's acts or omissions; and

(c)co-operate with a booking service provider with respect to any action taken by the booking service provider to comply with a requirement imposed by or under this Act or the regulations.

Penalty:1800 penalty units.

(2)An offence against subsection (1) is an indictable offence.

Division 4—Codes of practice

28Codes of practice

(1)For the purposes of providing practical guidance to persons who may be placed under a duty by or under Division 3, the Minister may, subject to section 32, approve one or more codes of practice.

(2)A code of practice—

(a)may consist of any code, standard, rule, specification or provision relating to any aspect of commercial passenger vehicle service safety; and

(b)may apply, incorporate or adopt any document formulated or published by any body or authority as in force at the time the code of practice is approved, or as amended, formulated or published from time to time.

(3)The approval of a code of practice takes effect on the day on which notice of the approval is published in the Government Gazette, or any later day specified in the notice.

Note

A code of practice approved under this section is disallowable by either House of Parliament (see section 35).

29Revisions to approved codes of practice

(1)Subject to section 32, the Minister may—

(a)approve any revision of the whole, or any part, of an approved code of practice; or

(b)revoke the approval of a code of practice.

(2)The approval of a revision to an approved code of practice takes effect on the day on which notice of the approval of the revision is published in the Government Gazette, or on any later day specified in the notice.

30Revocation of approvals of codes of practice

The approval of a code of practice ceases to have effect at the end of the day on which notice of the revocation of the approval is published in the Government Gazette, or on any later day specified in the notice.

31Availability of approved codes of practice

(1)The Minister must give to the regulator—

(a)a current copy of every approved code of practice; and

(b)a copy of every document applied, incorporated or adopted by an approved code of practice (in the form in which that document has effect in the approved code of practice). 

(2)On receiving the documents under subsection (1), the regulator must—

(a)make them available for inspection by members of the public without charge at the regulator's office during normal office hours; and

(b)publish them on the regulator's internet site.

32Minister must consult before approving code of practice or revision to code of practice

Before the Minister approves a code of practice or any revision of the whole, or any part, of an approved code of practice under section 28 or 29, the Minister must consult with persons or bodies that the Minister considers may be affected by the code of practice, or revision of an approved code of practice, to be approved.

33Effect of approved code of practice

A person is not civilly or criminally liable by reason only that the person has failed to observe any provision of an approved code of practice.

Note

A person who complies with an approved code of practice may however be taken to have complied with this Act (see section 34).

34Effect of compliance with regulations or approved codes of practice

(1)This section applies if—

(a)the regulations or an approved code of practice make provision for or with respect to a duty or obligation imposed by this Act or the regulations; and

(b)a person complies with the regulations or the approved code of practice to the extent that it makes that provision.

(2)The person is, for the purposes of this Act and the regulations, taken to have complied with this Act or the regulations in relation to that duty or obligation.

35Tabling and disallowance of approved codes of practice

(1)On or before the 6th sitting day after an approved code of practice is published in the Government Gazette, the Minister must ensure that a copy of that code is laid before each House of the Parliament.

(2)A failure to comply with subsection (1) does not affect the operation or effect of the code of practice but the Scrutiny of Acts and Regulations Committee of the Parliament may report the failure to each House of the Parliament.

(3)A code of practice may be disallowed in whole or in part by either House of Parliament.

(4)Part 5 of the Subordinate Legislation Act 1994 applies to a code of practice as if—

(a)a reference in that Part to statutory rule were a reference to a code of practice; and

(b)a reference in section 23(1)(c) of that Act to section 15(1) were a reference to subsection (1).

(5)A reference to a code of practice in this section includes a reference to any amendment to, or revision of the whole or any part of, a code of practice.

PART 3—REGISTRATION OF COMMERCIAL PASSENGER VEHICLES

Division 1—Preliminary

36Purpose of registration

The purpose of registering motor vehicles as commercial passenger vehicles is to provide a method of establishing the identity of those vehicles and of who is using them to provide commercial passenger vehicle services.

Division 2—Commercial passenger vehicle registration offences

37Offence to drive unregistered vehicle for commercial passenger vehicle service

(1)A person must not drive a motor vehicle for the purpose of providing a commercial passenger vehicle service if the vehicle is not registered under this Part.

Penalty:60 penalty units.

(2)Subsection (1) does not apply if the person driving the motor vehicle is an employee of the owner of the vehicle.

Note

Section 38 provides that in those circumstances it is the owner who commits the offence.

38Offence to drive unregistered vehicle for commercial passenger vehicle service as employee

(1)The owner of a motor vehicle commits an offence if—

(a)a person drives the motor vehicle for the purpose of providing a commercial passenger vehicle service; and

(b)that person is an employee of the owner; and

(c)the vehicle is not registered under this Part.

(2)A person who commits an offence against subsection (1) is liable to a penalty not exceeding 60 penalty units for an individual or 300 penalty units for a body corporate.

39Offence to provide booking service involving unregistered vehicle

(1)A person who provides a booking service commits an offence if—

(a)a commercial passenger vehicle service is provided as a result of the provision of the booking service; and

(b)the motor vehicle used for the purpose of providing the commercial passenger vehicle service is not registered under this Part.

(2)A person who commits an offence against subsection (1) is liable to a penalty not exceeding 60 penalty units for an individual or 300 penalty units for a body corporate.

Note

Section 284 (criminal liability of officers of bodies corporate—failure to exercise due diligence) applies to an offence against this section.

Division 3—Commercial passenger vehicle registration

40Application for registration

(1)The owner of a motor vehicle or a person who has the owner's permission may apply to the regulator for the registration of the vehicle under this Part.

(2)An application under subsection (1) must—

(a)be made in the manner and form approved by the regulator; and

(b)be accompanied by—

(i)any information or thing required by the regulator; and

(ii)the fee (if any) for the application determined by the regulator under section 282.

(3)If the applicant is not the owner of the motor vehicle, an application under subsection (1) must also include the name of the owner of the vehicle.

41Regulator may require further things or information

(1)The regulator may require any one or more of the following in relation to an application under section 40—

(a)the applicant do a thing specified by the regulator that the regulator reasonably requires in order to assess the application;

(b)verification, by a statutory declaration, of any statement made or information given for the purposes of the application;

(c)the applicant give further information for the purposes of the application.

(2)Any further information given by the applicant under subsection (1)(c) 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.

42Decision on application for registration

The regulator must register a motor vehicle under this Part if the regulator is satisfied that all requirements in relation to the application and applicant under this Part have been complied with.

43Conditions on registration

(1)In registering a motor vehicle under this Part, the regulator may impose any conditions on the registration that the regulator considers appropriate.

(2)If the regulator decides to impose conditions on the registration, the regulator must give the person in whose name the vehicle is registered under this Part written notice of the decision.

(3)A notice under subsection (2) must inform the person that they have a right to seek review of the decision under Part 12.

(4)A registration is also subject to any prescribed condition.

44Registration as a commercial passenger vehicle lasts until cancelled or surrendered

Registration as a commercial passenger vehicle remains in effect until it is cancelled or surrendered.

45Annual registration fees

(1)A person in whose name a motor vehicle is registered under this Part must pay to the regulator the appropriate annual registration fee by the date specified by written notice given to the person by the regulator.

Note

For the annual registration fee, see section 282.

(2)The date specified in a notice under subsection (1) must not be less than 10 business days after the date the notice is given to the person.

(3)The regulator may suspend or cancel the registration of a motor vehicle under this Part if the person in whose name the motor vehicle is registered fails to pay a registration fee by the date specified by the regulator.

46Regulator may vary or revoke conditions or impose new conditions

(1)The regulator may at any time (on the regulator's own initiative or on the written application of the person in whose name a motor vehicle is registered under this Part)—

(a)vary or revoke a condition imposed by the regulator on a registration; or

(b)impose a new condition on a registration.

(2)Before taking action under subsection (1), the regulator must—

(a)give the person written notice of the action that the regulator proposes to take and of the reasons for taking it; and

(b)allow the person to make written representations about the proposed action within 10 business days after being notified of it (or any other period that the regulator and the person agree).

(3)Subsection (2) does not apply if the regulator considers it necessary to take immediate action in the interests of public safety.

(4)The regulator must give the person written notice of the action taken under subsection (1) as soon as practicable after taking the action.

(5)A notice under subsection (4) must—

(a)include a statement of reasons for the action taken; and

(b)inform the person that they have a right to seek review of the regulator's decision to take the action under Part 12.

47Offence to fail to comply with conditions of registration

A person in whose name a motor vehicle is registered under this Part must comply with—

(a)any condition imposed on the registration of that vehicle; and

(b)any prescribed condition to which that registration is subject.

Penalty:In the case of an individual, 120 penalty units;

In the case of a body corporate, 600 penalty units.

48Cancellation of registration

(1)The regulator, by written notice given to the person in whose name a motor vehicle is registered under this Part, may cancel the registration of that vehicle—

(a)if the regulator believes, on reasonable grounds, that the vehicle is no longer being used to provide commercial passenger vehicle services; or

(b)for any prescribed reason.

(2)A notice under subsection (1) must—

(a)include a statement of reasons for the cancellation; and

(b)inform the person that they have a right to seek review of the regulator's decision under Part 12.

(3)A cancellation of registration has effect from the date specified for the purpose by the regulator in the notice of cancellation.

Note

Registration of a motor vehicle may also be cancelled under Part 9.

49Surrender of registration

(1)The person in whose name a commercial passenger vehicle is registered under this Part may apply in writing to the regulator for consent to surrender the registration of that vehicle.

(2)Subject to subsection (3), on receiving an application under subsection (1), the regulator must consent to the surrender.

(3)The regulator may impose any condition on the grant of the consent that the regulator considers necessary to protect the interests of a third party.

(4)A person commits an offence if—

(a)the regulator imposes a condition on a consent to surrender the registration of a commercial passenger vehicle; and

(b)the condition applies to the person; and

(c)the person does not comply with the condition.

(5)A person who commits an offence against subsection (3) is liable to a penalty not exceeding 20 penalty units.

Division 4—Miscellaneous

50False representation in relation to registration

A person must not falsely represent that a motor vehicle is registered under this Part.

Penalty:In the case of an individual, 30 penalty units;

In the case of a body corporate, 150 penalty units.

51Indication that a vehicle is a commercial passenger vehicle

(1)A person commits an offence if the person drives a commercial passenger vehicle for the purpose of providing a commercial passenger vehicle service and—

(a)there is not prominently displayed on the vehicle, and clearly visible to persons approaching it, any thing that the regulations require to be so displayed to visually indicate that the vehicle is being used to provide a commercial passenger vehicle service; or

(b)a thing that the regulations require to be installed and operating in or on the vehicle to indicate that the vehicle is being used to provide a commercial passenger vehicle service is not installed and operating in accordance with the regulations.

(2)A person who commits an offence against subsection (1) is liable to a penalty not exceeding 60 penalty units.

PART 4—REGISTRATION OF BOOKING SERVICE PROVIDERS

Division 1—Preliminary

52Purpose of registration

The purpose of registration under this Part is to—

(a)provide a method of establishing the identity of—

(i)the providers of booking services; and

(ii)the persons responsible for managing activities relating to the provision by those providers of those services; and

(b)enable booking service providers to be regulated for reasons of public safety; and

(c)ensure that booking service providers meet prescribed safety standards.

Division 2—Booking service offences

53Offence if provider of booking service is not registered

A person must not provide a booking service unless the person—

(a)is registered under this Part to provide that service; or

(b)is exempted under the regulations from the requirement to be registered under this Part to provide that service.

Penalty:In the case of an individual, 240 penalty units;

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

Note

Section 284 (criminal liability of officers of bodies corporate—failure to exercise due diligence) applies to an offence against this section.

54Offence to advertise booking services unless registered

A person must not advertise or in any way hold themselves out as able or willing to provide a booking service unless the person—

(a)is registered under this Part to provide that service; or

(b)is exempted under the regulations from the requirement to be registered under this Part to provide that service.

Penalty:In the case of an individual, 240 penalty units;

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

55Offence to accept request from unregistered booking service provider

(1)A person commits an offence if—

(a)the person accepts a request from a booking service provider for a person to be provided with a commercial passenger vehicle service; and

(b)the person knows, or ought reasonably to know, that the provider—

(i)is not registered under this Part; and

(ii)is not exempted under the regulations from the requirement to be registered under this Part.

(2)A person who commits an offence against subsection (1) is liable to—

(a)for a person who is a booking service provider, a penalty not exceeding 240 penalty units for an individual or 1200 penalty units for a body corporate; and

(b)for a person who is an accredited driver, a penalty not exceeding 60 penalty units; and

(c)in any other case, a penalty not exceeding 50 penalty units.

56False representation in relation to registration

A person must not falsely represent that the person—

(a)is registered under this Part; or

(b)is exempted under the regulations from the requirement to be registered under this Part.

Penalty:In the case of an individual, 30 penalty units;

In the case of a body corporate, 150 penalty units.

Note

Section 284 (criminal liability of officers of bodies corporate—failure to exercise due diligence) applies to an offence against this section.

Division 3—Booking service provider registration

57Application for registration

(1)A person may apply to the regulator for registration under this Part as a booking service provider.

(2)An application must—

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

(b)be accompanied by—

(i)the fee (if any) for the application determined by the regulator under section 282; and

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

(iii)any other thing that is 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 regulator may require any one or more of the following in relation to an application—

(a)the applicant do a thing specified by the regulator that the regulator reasonably requires in order to assess the application;

(b)verification, by a statutory declaration, of any statement made or information given for the purposes of the application;

(c)the applicant give further information for the purposes of the application.

(4)Any further information given by the applicant under subsection (3)(c) 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)In the case of an application by a person that is not an individual, the regulator is entitled to communicate with the relevant person nominated by the applicant under subsection (2)(c).

58Decision on application for registration

(1)The regulator must register an applicant under this Part if satisfied that—

(a)the applicant is a fit and proper person to be registered; and

(b)all requirements in relation to the application and applicant under this Part have been complied with.

(2)The regulator must refuse to register an applicant under this Part if the regulator is not satisfied about the matters set out in subsection (1)(a) and (b).

59Notification and reasons to be given if application refused

(1)If the regulator decides to refuse to register an applicant, the regulator must give the applicant written notice of the decision as soon as practicable after making the decision.

(2)A notice under subsection (2) must—