Untitled document
Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011
No. 34 of 2011
table of provisions
Section Page
Part 1—Preliminary
1Purpose
2Commencement
Part 2—Initial Amendments
Division 1—Amendment of the Transport Integration Act 2010
3Definitions
4Corporate Plans
5Object of Director of Public Transport
6Functions of the Director of Public Transport
7New Division 3 of Part 5 inserted
Division 3—Taxi Services Commission
115ADefinitions
115BTaxi Services Commission
115COfficial seal
115DTaxi Services Commission represents the Crown
115EObject of Taxi Services Commission
115FFunction of Taxi Services Commission
115GPowers of the Taxi Services Commission
115HConstitution of Commission
115IAppointment of Commissioners
115JActing appointment
115KDeclaration of pecuniary interests
115LVacancies, resignation, removal from office
115MValidity of acts and decisions
115NMeetings of Commission
115OVoting at meetings of Commission
115PSecretary and Director of Public Transport may assist the Commission
115QExtra-territoriality
115RStaff of the Commission
115SPersonal liability
115TDelegation
Division 2—Amendment of the Transport (Compliance and Miscellaneous) Act 1983
8Definitions
9Part VI—Definitions
10Determinations of policy
11Time within which licensing authority must deal with
application12Notification and reasons to be given if accreditation refused
13Licensing authority may vary, revoke or impose new
conditions, restrictions or other limitations14Offence not to produce certificate when required
15Determination of taxi fares or hiring rates
16Transfers of licences
17Assignments
18Touting
19Offences relating to security cameras and privacy of
passengers20Agreements in relation to images obtained from security
cameras21Regulations
22Director's power to accredit persons
23Tests, qualifications and other requirements
24Term and renewal of accreditation
25Matters to be considered by the Director when issuing or renewing an accreditation
26Imposition of conditions on accreditation
27Offence to fail to comply with conditions
28Disqualification by Director from ability to apply for accreditation
29Certificate of accreditation
30Working with children check exemption notice
31When Director must notify that working with children check exemption notice has ceased to have effect
32When working with children check exemption notice must be returned
33Mandatory cancellation in certain circumstances
34Mandatory suspension in certain circumstances
35Reinstatement of driver accreditation in certain circumstances where it has been suspended
36Person whose driver licence or probationary licence is
suspended or cancelled must notify the Director37Powers of the Director to consider disciplinary action
38Notice to holder of accreditation
39Submissions to Director
40Actions Director may take after consideration
41Notice of Director's decision
42Interim suspension of accreditation
43Re-instatement of accreditation
44Compensation for lost income during suspension
45Jurisdiction of VCAT as to category 1 offenders
46Review of decision by VCAT
47Offence not to notify change of address and give driver accreditation
48Offence not to notify of being charged with, or found guilty
of, a disqualifying offence49Offence to retain illegible certificate
50Offence to retain certificate if accreditation suspended or cancelled
51Power of Director to determine fees
52Heading to Division 9 of Part VI
53Reference by Minister
54Conduct of investigation
55Objectives not to apply
56Powers relating to investigations
57Reports
58New Division 9A of Part VI inserted
Division 9A—Taxi Services Commission inquiry
Subdivision 1—Preliminary
191ADefinitions
Subdivision 2—Inquiry
191BMatter referred for inquiry
191CNotice of inquiry
191DConduct of inquiry
191EHearings
Subdivision 3—Obtaining information and documents
191FRequiring information and documents
191GOffences
191HPrivilege against self-incrimination applies
191IDuty of confidence abrogated
191JClient legal privilege applies
Subdivision 4—Confidential or commercially sensitive information
191KDefinition
191LRestriction on disclosure or use of sensitive
information191MUse for performance of function or exercise of power permitted
191NDisclosure for performance of function or exercise of power permitted in certain cases
191ODisclosure or use permitted if required by Act
191PDisclosure or use with consent permitted
191QDisclosure or use in legal proceedings permitted
191RDisclosure or use permitted if information in public domain
191SDisclosure to consultant permitted
191TDisclosure in report permitted
191UDisclosure to law enforcement agencies
Subdivision 5—Exempt freedom of information documents
191VRestriction on disclosure and use of exempt freedom
of information documents191WUse for performance of function permitted
191XDisclosure to consultant permitted
191YDisclosure in report permitted
Subdivision 6—Reports
191ZInterim report
191ZASpecial report
191ZBFinal report
191ZCSensitive information in report
191ZDFinal report to be laid in Parliament and made publicly available
191ZEReview of Part following final report
59Definitions
60Transport and ticket infringements
61Inspection of motor vehicles
62Powers of officers authorized by Roads Corporation
63Authorisation of Departmental authorised officers
64Authorisation of other authorised officers
65Application for authorisation
66Qualification requirements
67Time limits on section 221AB authorisations
68Scope of authorisation may be limited
69Conditions of authorisation
70Change of conditions
71Application for renewal of authorisation
72Renewal of authorisation
73Issue of identity cards
74Inquiry into conduct of authorised officer
75Revocation of authorisation
76Tribunal reviews
77Return of identity cards
78Lost, stolen or destroyed identity cards to be reported
79Replacement of identity cards
80Application by proposed employee
81Power of court to require attendance at approved public
transport education program82Application for accreditation
83Matters to be considered by Director
84Giving or refusal of accreditation
85Conditions of accreditation
86Change of conditions etc.
87Duration of accreditation
88Requirement to notify Director about charges, etc.
89Notifications
90Audit of certain books and records of accredited companies
for compliance purposes91Application for renewal of accreditation
92Renewal of accreditation
93Nature of accreditation
94Director not liable for giving accreditation
95Supervision of accredited companies
96Procedure and powers
97Immediate power of suspension
98Tribunal reviews
99Prosecutions
100Definitions
101New Division 9 inserted in Part VIII
Division 9—Transitional provisions—Part 2 of the
Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011Subdivision 1—Preliminary
277Definitions
Subdivision 2—Property transfers
278Minister may direct transfer of DPT property etc. to Secretary
279Property etc. transferred in accordance with direction
280Allocation of property etc. subject to encumbrances
281Substitution of party to agreement
282Former DPT instruments and agreements
283Proceedings
284Interests in land
285Action by Registrar of Titles
286Taxes
287Evidence
288Validity of things done under this Subdivision
Subdivision 3—Administrative and regulatory function transfers
289General transitional provisions
290Regulatory instruments
291Pending applications for accreditation
292Variations, revocations, or imposition of new
conditions, restrictions or other limitations on accreditations293Disciplinary action taken against accredited persons
294Surrender of accreditations
295Application for commercial passenger vehicle licences
296Cancellation or alteration of licences
297Transfer of licences
298Assignments
299Substitution of vehicle where licensed vehicle undergoing repair
300Substitution of licensed vehicle
301Cancellation of licence for vehicles
302Revocation or suspension of licence, permit or
certificate303Application for driver accreditation
304Application for renewal of driver accreditation
305Actions Director may take in relation to holders of
driver accreditations306Pending applications for authorisations
307Pending applications for renewal of authorisations
308Identity cards of authorised officers
309Inquiries into conduct of authorised officers
310Pending applications for a certificate
311Pending applications for accreditation
312Change of accreditation conditions on application of accredited company
313Change of accreditation conditions on initiative of Director
314Pending applications for renewal of authorisations
315Supervision of accredited companies
316Proceedings
317References to the Director—certain statutory
instruments318Transitional regulations
Division 3—Consequential amendments to other Acts
102Public Administration Act 2004
103Road Safety Act 1986
104Working with Children Act 2005
Part 3—Post-Inquiry Amendments
Division 1—Amendment of the Transport Integration Act 2010
105Corporate Plans
106Functions of the Director of Public Transport
107Taxi Services Commission represents the Crown
108Object of Taxi Services Commission
115EObject of Taxi Services Commission
109Functions of Taxi Services Commission
115FFunctions of Taxi Services Commission
110Powers of the Taxi Services Commission
111Constitution of Commission
112Terms and conditions of Commissioners
113Acting appointment
114Vacancies, resignation, removal from office
115Section 115MA inserted
115MADirections
116Secretary and Director of Public Transport to assist the Commission
117Extra-territoriality
118Staff of the Commission
119Section 115SA inserted
115SAAnnual report
120New section 115T substituted
115TDelegation
121New section 115U inserted
115UEnd of term of Inquiry Commissioners
Division 2—Amendment of the Transport (Compliance and Miscellaneous) Act 1983
122Definitions
123Tests, qualifications and other requirements
124Division 9A of Part VI repealed
125New Division 10 of Part VIII inserted
Division 10—Transitional provisions—Part 3 of the Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011
Subdivision 1—Preliminary
319Definitions
Subdivision 2—Property transfers
320Minister may direct transfer of property of Secretary etc. to TSC
321Property etc. transferred in accordance with direction
322Allocation of property etc. subject to encumbrances
323Substitution of party to agreement
324Former Secretary instruments and agreements
325Proceedings
326Interests in land
327Action by Registrar of Titles
328Taxes
329Evidence
330Validity of things done under this Subdivision
Subdivision 3—Administrative and regulatory function transfers
331General transitional provisions
332Regulatory instruments
333Pending applications for accreditation
334Variations, revocations, or imposition of new
conditions, restrictions or other limitations on accreditations335Disciplinary action taken against accredited persons
336Surrender of accreditations
337Application for commercial passenger vehicle
licences338Cancellation or alteration of licences
339Transfer of licences
340Assignments
341Substitution of vehicle where licensed vehicle undergoing repair
342Substitution of licensed vehicle
343Cancellation of licence for vehicles
344Revocation or suspension of licence, permit or
certificate345Application for driver accreditation
346Application for renewal of driver accreditation
347Actions Secretary may take in relation to holders
of driver accreditations348Proceedings
349References to the Secretary—certain statutory instruments
350Transitional regulations
Division 3—Consequential amendments
126Road Safety Act 1986
127Working with Children Act 2005
Part 4—Repeal of Amending Act
128Repeal of amending Act
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Endnotes
Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011
No. 34 of 2011
[Assented to 5 July 2011]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purpose
The main purpose of this Act is to provide for the reform of the commercial passenger vehicle industry by amending the Transport Integration Act 2010 and the Transport (Compliance and Miscellaneous) Act 1983 to—
(a)initially—
(i)establish the Taxi Services Commission; and
(ii)require the Taxi Services Commission to inquire into the structure, conduct, performance and regulation of the commercial passenger vehicle industry and report on that inquiry; and
(iii)transfer the responsibility for the regulation of commercial passenger vehicles from the Director of Public Transport to the Secretary; and
(b)after the inquiry is completed, transfer the responsibility for the regulation of commercial passenger vehicles from the Secretary to the Taxi Services Commission.
2Commencement
(1)Subject to subsections (2) and (3), this Act comes into operation on a day or days to be proclaimed.
(2)If this Part or a provision of Part 2 does not come into operation before 1 January 2012, that Part or provision comes into operation on that day.
(3)If a provision of Part 3 or 4 does not come into operation before 1 July 2013, that provision comes into operation on that day.
__________________
Part 2—Initial Amendments
Division 1—Amendment of the Transport Integration Act 2010
3Definitions
(1)In section 3 of the Transport Integration Act 2010 insert the following definitions—
"hire car has the same meaning as in section 86(1) of the Transport (Compliance and Miscellaneous) Act 1983;
taxi-cab has the same meaning as in section 86(1) of the Transport (Compliance and Miscellaneous) Act 1983;
Taxi Services Commission means the body corporate established under section 115B;".
(2)In section 3 of the Transport Integration Act 2010, in the definition of passenger services, in paragraph (b), for "hire-car" substitute "hire car".
(3)In section 3 of the Transport Integration Act 2010, in the definition of transport body—
(a)paragraph (k) is repealed;
(b)after paragraph (r) insert—
"(ra)the Taxi Services Commission;".
(4)In section 3 of the Transport Integration Act 2010, in the definition of transport system, in paragraph (a)(iii), for "taxis, hire-cars" substitute "taxi-cabs, hire cars".
(5)In section 3 of the Transport Integration Act 2010, in the definition of transport system agency—
(a)in paragraph (b), after "Corporation;" insert "or";
(b)after paragraph (b) insert—
"(c)the Taxi Services Commission;".
4Corporate Plans
In section 64(7) of the Transport Integration Act 2010, in the definition of transport body to which this section applies, in paragraph (c), after "agency" insert "(other than the Taxi Services Commission)".
5Object of Director of Public Transport
After section 66(1) of the Transport Integration Act 2010 insert—
"(1A)To avoid doubt, the provision, operation or maintenance of the public transport system in accordance with subsection (1) does not include the provision of licensing and accreditation services for the public transport system.".
6Functions of the Director of Public Transport
Section 67(1)(f) of the Transport Integration Act 2010 is repealed.
7New Division 3 of Part 5 inserted
After Division 2 of Part 5 of the Transport Integration Act 2010 insert—
"Division 3—Taxi Services Commission
115ADefinitions
In this Division—
additional Commissioner means a person appointed as an additional Commissioner under section 115I(2);
Chairperson means the person appointed as Chairperson under section 115I(1);
Commission means the Taxi Services Commission;
Commissioner means—
(a)the Chairperson; or
(b)an additional Commissioner.
115BTaxi Services Commission
(1)The Taxi Services Commission is established.
(2)The Commission—
(a)is a body corporate with perpetual succession;
(b)has an official seal;
(c)may sue and be sued;
(d)may acquire, hold and dispose of real and personal property;
(e)may do and suffer all acts and things that a body corporate may by law do and suffer.
115COfficial seal
(1)The official seal of the Commission must—
(a)be kept in such custody as the Commission directs;
(b)not be used except as authorised by the Commission.
(2)All courts must take judicial notice of the official seal of the Commission affixed to any document.
115DTaxi Services Commission represents the Crown
In performing its function and exercising its powers, the Commission represents the Crown.
115EObject of Taxi Services Commission
The object of the Commission is to, consistently with the vision statement and the transport system objectives—
(a)pursue and promote major and enduring improvements in the following things—
(i)the provision and accessibility of services in the commercial passenger vehicle industry;
(ii)competition in the commercial passenger vehicle industry;
(iii)innovation in the commercial passenger vehicle industry, including in the business structures, service delivery models, policies and procedures in the industry;
(iv)the safety of passengers and drivers of commercial passenger vehicles;
(b)promote public confidence in the safety of the commercial passenger vehicle industry.
115FFunction of Taxi Services Commission
(1)The function of the Commission is to fulfil its object by, in accordance with Division 9A of Part VI of the Transport (Compliance and Miscellaneous) Act 1983—
(a)conducting an inquiry into—
(i)the structure, conduct, performance and regulation of the commercial passenger vehicle industry; and
(ii)ancillary matters related to the provision of commercial passenger vehicle services; and
Example
The provision of electronic and other payment systems for the payment of fares and charges is an ancillary matter.
(b)reporting on the outcome of the inquiry, including making recommendations about how the commercial passenger vehicle industry should be structured and regulated.
(2)In performing its function, the Commission must have regard to the desirability of—
(a)raising the standard of customer service in the commercial passenger vehicle industry;
(b)integrating the commercial passenger vehicle industry with other forms of public transport;
(c)improving efficiency in the commercial passenger vehicle industry;
(d)providing education and training to drivers of commercial passenger vehicles;
(e)ensuring that the commercial passenger vehicle industry is regulated under a performance-based regulatory framework;
(f)improving the financial viability of the commercial passenger vehicle industry;
(g)alternative regulatory frameworks and the potential costs (including externalities) and benefits of those frameworks;
(h)any regulatory framework that is recommended being consistent with relevant health, safety, environmental and social requirements applying to the commercial passenger vehicle industry;
(i)achieving consistency in the regulation of the commercial passenger vehicle industry between States and on a national basis;
(j)reducing obstacles that prevent people from using commercial passenger vehicle services;
(k)improving the quality of commercial passenger vehicle services at State borders;
(l)promoting environmentally sustainable practices in the commercial passenger vehicle industry.
115GPowers of the Taxi Services Commission
(1)The Commission has power to do all things that are necessary or convenient to be done for or in connection with, or as incidental to, the achievement of the object of the Commission and the performance of its function.
(2)Without limiting the generality of subsection (1), the Commission may—
(a)enter into any agreement or contract;
(b)enter into any lease or licence;
(c)participate in the formation of a corporation, trust, partnership or other body;
(d)subscribe for or otherwise acquire, and hold and dispose of, shares in, or debentures or other securities of, a corporation;
(e)become a member of a company limited by guarantee;
(f)subscribe for or otherwise acquire, and hold and dispose of, units in a trust;
(g)acquire, and hold and dispose of, an interest in a partnership or other body;
(h)enter into partnership or into any arrangement for sharing of profits, union of interest, co-operation, joint venture, reciprocal concession or otherwise, with any person or body carrying on or engaged in, or about to carry on or engage in, any business or transaction relating to, or connected with, the function of the Commission;
(i)make any land or other property vested or managed by the Commission or any person employed by the Commission available for use or engagement by any other person;
(j)acquire (whether by creation, lease, licence, receiving the assignment or grant of, or otherwise), hold, accept as a security, or otherwise deal with, any intellectual property right (for example, a trademark, patent, design, copyright (including an associated moral right), plant breeder's right, circuit layout right, trade secret, or right arising from confidential information);
(k)assign, grant, lease, license, sell, mortgage, use as a security, or otherwise encumber or dispose of, any intellectual property right;
(l)seek any remedy in relation to, or do anything necessary to enforce, protect, maintain, register or exploit, any intellectual property right;
(m)seek any remedy in relation to, or do anything necessary to enforce, protect, maintain or exploit any Crown copyright;
(n)engage consultants, contractors or agents;
(o)act as an agent of another person.
(3)Without limiting the generality of subsection (1), the Commission may exercise the powers conferred on the Commission by any other Act or regulations made under any other Act.
(4)The generality of this section is not limited by any other provision of this Act or any other Act which confers a power on the Commission.
115HConstitution of Commission
(1)The Commission consists of—
(a)the Chairperson; and
(b)such number of additional Commissioners as the Minister considers necessary to enable the Commission to perform its function (if any).
(2)The number of additional Commissioners must not exceed 2.
115IAppointment of Commissioners
(1)The Minister may appoint a qualified person as Chairperson on a full-time or part-time basis.
(2)The Minister may appoint a qualified person as an additional Commissioner on a full-time or part-time basis.
(3)A Commissioner is appointed on the terms and conditions (including remuneration and allowances) that are specified in the instrument of appointment.
(4)The Public Administration Act 2004 (other than Part 3 of that Act) applies to a Commissioner in respect of his or her office as Commissioner.
(5)In this section—
qualified person means a person who is qualified for appointment as Chairperson or as an additional Commissioner (as the case requires) because of his or her knowledge of, or experience in, one or more fields of industry, commerce, economics, the transport sector, law or public administration.
Note
The Commissioners cease to hold office on the day on which section 121 of the Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011 comes into operation.
115JActing appointment
(1)The Minister may appoint a qualified person to act in the office of Chairperson—
(a)during a vacancy in that office; or
(b)during a period or during all periods when the person holding that office is absent from duty or is, for any reason, unable to perform the duties of that office.
(2)The Minister may specify in the instrument of appointment that the appointment has effect only in certain circumstances.
(3)An appointment under subsection (1) is for the period, not exceeding 6 months, that is specified in the instrument of appointment.
(4)While a person is acting in the office of Chairperson in accordance with this section, the person—
(a)has, and may exercise, all the powers and must perform all the duties of that office under this Act or any other Act; and
(b)is entitled to be paid the remuneration and allowances that are specified in the instrument of appointment.
(5)If the office of Chairperson becomes vacant while a person is acting in the office of Chairperson in accordance with subsection (1)(b), the person must stop acting in that office on the earliest of the following days—
(a)the day on which the Minister directs the person to stop acting in the office;
(b)the day on which the vacancy is filled;
(c)the day 6 months after the day on which the vacancy occurred.
(6)In this section—
qualified person means a person who is qualified for appointment as acting Chairperson because of his or her knowledge of, or experience in, one or more fields of industry, commerce, economics, the transport sector, law or public administration.
Note
An appointment made under this section which is still in force on the day on which section 121 of the Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011 comes into operation is terminated on that day.
115KDeclaration of pecuniary interests
(1)This section applies if a Commissioner has a pecuniary interest that is—
(a)an interest in a matter that is the subject of the inquiry referred to in section 115F(1); and
(b)not as a result of the supply of goods or services that are available to members of the public on the same terms and conditions.
(2)The Commissioner must declare the pecuniary interest to the Minister immediately after the Commissioner becomes aware of the interest.
(3)A failure to comply with this section does not affect the validity of any act or decision of the Commission or a Commissioner.
115LVacancies, resignation, removal from office
(1)The office of a Commissioner becomes vacant if the Commissioner—
(a)becomes an insolvent under administration; or
(b)is convicted of an indictable offence (or an offence that, if committed in Victoria, would be an indictable offence); or
(c)nominates for election as a member of the Parliament of any jurisdiction.
(2)A Commissioner may resign by notice in writing delivered to the Minister.
(3)The Minister may at any time remove a Commissioner or an acting Chairperson from office.
(4)Without limiting subsection (3), the Minister may remove a Commissioner if the Minister considers that the Commissioner—
(a)is guilty of improper conduct in carrying out the duties of his or her office; or
(b)becomes mentally or physically incapable of satisfactorily carrying out the duties of his or her office; or
(c)has a pecuniary interest to which section 115K applies (whether or not the Commissioner has declared the interest in accordance with that section).
Note
The Commissioners cease to hold office on the day on which section 121 of the Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011 comes into operation.
115MValidity of acts and decisions
(1)An act or decision of the Commission is not invalid merely because of—
(a)a defect or irregularity in, or in connection with, the appointment of a member; or
(b)a vacancy in the membership of the Commission.
(2)Anything done by or in relation to a member purporting to act as Chairperson is not invalid merely because—
(a)there was a defect or irregularity in relation to the acting appointment; or
(b)the occasion for the person to act had not arisen or had ceased.
115NMeetings of Commission
(1)The Chairperson must convene as many meetings of the Commission as he or she considers is necessary for the efficient conduct of its affairs.
(2)The Chairperson must preside at a meeting of the Commission.
(3)The quorum for a meeting of the Commission is—
(a)a majority of the Commissioners in office for the time being; or
(b)if the Commission consists of the Chairperson and one additional Commissioner—both the Chairperson and the additional Commissioner.
(4)The Chairperson must ensure that accurate minutes are kept of a meeting.
(5)The Chairperson may permit Commissioners to participate in a particular meeting, or all meetings, by telephone, closed-circuit television or other means of communication that does not require the physical presence of each Commissioner in the same room.
(6)Subject to this Act, the Commission may regulate its own procedure.
(7)This section does not apply if the Commission consists only of the Chairperson.
115OVoting at meetings of Commission
(1)A question arising at a meeting of the Commission is determined by a majority of the votes of the Commissioners present and voting on the question.
(2)The Chairperson has—
(a)a deliberative vote; and
(b)in the event of an equality of votes on any question, a second or casting vote.
115PSecretary and Director of Public Transport may assist the Commission
The Secretary and the Director of Public Transport may, if requested to by the Commission, give the Commission such reasonable assistance as is necessary to assist the Commission in carrying out its function.
115QExtra-territoriality
The Commission may also perform its function and exercise its powers outside Victoria and outside Australia.
115RStaff of the Commission
(1)Any employees that are necessary to enable the Commission to perform its function may be employed under Part 3 of the Public Administration Act 2004.
(2)The Commission may enter into agreements or arrangements for the use of the services of any staff of a Department, statutory authority or other public body.
(3)The staff structure of the Commission must be determined by the Chairperson having regard to the Commission's budget.
115SPersonal liability
(1)A Commissioner or any employee is not personally liable for anything done or omitted to be done in good faith—
(a)in the exercise of a power or the performance of a function under, or in connection with, this Act, the regulations, any other Act or regulations made under any other Act; or
(b)in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function under, or in connection with, this Act, the regulations, any other Act or regulations made under any other Act.
(2)Any liability resulting from an act or omission that would but for subsection (1) attach to a person referred to in that subsection attaches instead to the Commission.
115TDelegation
(1)Subject to subsection (3), the Commission by instrument may delegate any power, duty or function of the Commission under any Act or regulations to—
(a)a Commissioner; or
(b)a person engaged to work for the Commission.
(2)A delegation under this section may be made—
(a)in relation to a person or class of persons specified in the instrument of delegation; or
(b)in relation to the holder, or the holder from time to time, of an office specified, or of each office in a class of offices specified, in the instrument of delegation.
(3)The Commission must not delegate—
(a)the power of delegation provided by subsection (1); or
(b)the preparation of a report in accordance with the Transport (Compliance and Miscellaneous) Act 1983.".
Division 2—Amendment of the Transport (Compliance and Miscellaneous) Act 1983
8Definitions
In section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983, in the definition of licensing authority, for "Director" substitute "Secretary".
9Part VI—Definitions
(1)In section 86(1) of the Transport (Compliance and Miscellaneous) Act 1983, the definition of Commission is repealed.
(2)In section 86(1) of the Transport (Compliance and Miscellaneous) Act 1983 insert the following definition—
"ESC means the Essential Services Commission established under the Essential Services Commission Act 2001;".
10Determinations of policy
After section 89(2)(b) of the Transport (Compliance and Miscellaneous) Act 1983 insert—
"(ba)the licensing authority; and".
11Time within which licensing authority must deal with application
(1)In section 132A(2) of the Transport (Compliance and Miscellaneous) Act 1983, for "he or she" substitute "the licensing authority".
(2)In section 132A(3) of the Transport (Compliance and Miscellaneous) Act 1983—
(a)for "he or she" substitute "the licensing authority";
(b)for "his or her" substitute "the".
12Notification and reasons to be given if accreditation refused
In section 132G(2)(b) of the Transport (Compliance and Miscellaneous) Act 1983, for "his or her" substitute "the".
13Licensing authority may vary, revoke or impose new conditions, restrictions or other limitations
In section 133A(1) of the Transport (Compliance and Miscellaneous) Act 1983, for "his or her" substitute "the licensing authority's".
14Offence not to produce certificate when required
In section 134A(1) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".
15Determination of taxi fares or hiring rates
(1)In section 144A(2)(a) of the Transport (Compliance and Miscellaneous) Act 1983—
(a)for "Commission" substitute "ESC";
(b)for "Commission's" substitute "ESC's".
(2)In section 144A(2)(b) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".
16Transfers of licences
In section 149(3A)(a)(i) and (ii) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".
17Assignments
In section 150(2A)(a)(i) and (ii) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".
18Touting
In section 158A(5) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".
19Offences relating to security cameras and privacy of passengers
(1)In section 158B(1)(b)(i), (2)(c) and (3)(a) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".
(2)In section 158B(3) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director's" substitute "Secretary's".
20Agreements in relation to images obtained from security cameras
(1)In section 158C(1) and (3) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".
(2)In section 158C(4) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (wherever occurring) substitute "Secretary".
21Regulations
(1)In section 162(1)(mc) and (md) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (where twice occurring) substitute "licensing authority".
(2)In section 162(1)(me) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".
22Director's power to accredit persons
(1)In the heading to section 166 of the Transport (Compliance and Miscellaneous) Act 1983, for "Director's" substitute "Licensing authority's".
(2)In section 166(1) and (2) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".
(3)In section 166(3) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (wherever occurring) substitute "licensing authority".
23Tests, qualifications and other requirements
(1)In section 167(1) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (where twice occurring) substitute "licensing authority".
(2)In section 167(1A), (1B), (1C), (1D) and (1E) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".
(3)In section 167(2) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (wherever occurring) substitute "licensing authority".
24Term and renewal of accreditation
(1)In section 168(2) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".
(2)In section 168(3) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (wherever occurring) substitute "licensing authority".
(3)In section 168(4) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (where twice occurring) substitute "licensing authority".
25Matters to be considered by the Director when issuing or renewing an accreditation
(1)In section 169(1), (4) and (6) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (where twice occurring) substitute "licensing authority".
(2)In section 169(1A), (5) and (7) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".
(3)In section 169(1B), (2) and (3) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (wherever occurring) substitute "licensing authority".
26Imposition of conditions on accreditation
(1)In section 169A(1), (2), (2A) and (3) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".
(2)In section 169A(4) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (where twice occurring) substitute "licensing authority".
27Offence to fail to comply with conditions
In section 169B of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".
28Disqualification by Director from ability to apply for accreditation
(1)In the heading to section 169C of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".
(2)In section 169C(1) and (1A) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (wherever occurring) substitute "licensing authority".
(3)In section 169C(2) and (4) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".
(4)In section 169C(3) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (where twice occurring) substitute "licensing authority".
29Certificate of accreditation
In section 169D of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (where twice occurring) substitute "licensing authority".
30Working with children check exemption notice
In section 169DA(1) and (3) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".
31When Director must notify that working with children check exemption notice has ceased to have effect
(1)In the heading to section 169DB of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".
(2)In section 169DB(2) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (where twice occurring) substitute "licensing authority".
32When working with children check exemption notice must be returned
In section 169DC of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".
33Mandatory cancellation in certain circumstances
In section 169E(1) and (2) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".
34Mandatory suspension in certain circumstances
In section 169EA(2) and (3) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".
35Reinstatement of driver accreditation in certain circumstances where it has been suspended
In section 169EB of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (wherever occurring) substitute "licensing authority".
36Person whose driver licence or probationary licence is suspended or cancelled must notify the Director
(1)In the heading to section 169EC of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".
(2)In section 169EC(a) and (b) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".
37Powers of the Director to consider disciplinary action
(1)In the heading to section 169F of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".
(2)In section 169F of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (where twice occurring) substitute "licensing authority".
38Notice to holder of accreditation
In section 169G of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (where twice occurring) substitute "licensing authority".
39Submissions to Director
(1)In the heading to section 169H of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".
(2)In section 169H(1) and (2) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (wherever occurring) substitute "licensing authority".
40Actions Director may take after consideration
(1)In the heading to section 169I of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".
(2)In section 169I(1) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (wherever occurring) substitute "licensing authority".
(3)In section 169I(2) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".
41Notice of Director's decision
(1)In the heading to section 169J of the Transport (Compliance and Miscellaneous) Act 1983, for "Director's" substitute "licensing authority's".
(2)In section 169J of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".
42Interim suspension of accreditation
(1)In section 169K(1) and (5) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (where twice occurring) substitute "licensing authority".
(2)In section 169K(2), (3) and (6)(b) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".
43Re-instatement of accreditation
In section 169L of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (where twice occurring) substitute "licensing authority".
44Compensation for lost income during suspension
In section 169M(1), (2)(b), (2)(c), (3) and (4) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".
45Jurisdiction of VCAT as to category 1 offenders
In section 169N(1), (2), (5) and (7) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".
46Review of decision by VCAT
(1)In section 169O(1)(a), (1)(b), (1)(c), (1)(d) and (2) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".
(2)In section 169O(1)(e) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (where twice occurring) substitute "licensing authority".
47Offence not to notify change of address and give driver accreditation
In section 169R(a) and (b) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".
48Offence not to notify of being charged with, or found guilty of, a disqualifying offence
In section 169T(1) and (2) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".
49Offence to retain illegible certificate
In section 169U of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".
50Offence to retain certificate if accreditation suspended or cancelled
In section 169V of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".
51Power of Director to determine fees
In section 169Y(1), (2) and (4) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".
52Heading to Division 9 of Part VI
In the heading to Division 9 of Part VI of the Transport (Compliance and Miscellaneous) Act 1983, for "Commission" substitute "ESC".
53Reference by Minister
(1)In section 186(1) of the Transport (Compliance and Miscellaneous) Act 1983, for "Commission" (where twice occurring) substitute "ESC".
(2)In section 186(2) and (6) of the Transport (Compliance and Miscellaneous) Act 1983, for "Commission" substitute "ESC".
(3)In section 186(4) and (5) of the Transport (Compliance and Miscellaneous) Act 1983, for "Commission" (wherever occurring) substitute "ESC".
54Conduct of investigation
(1)In section 187(1) and (2) of the Transport (Compliance and Miscellaneous) Act 1983, for "Commission" (where twice occurring) substitute "ESC".
(2)In section 187(3) and (5) of the Transport (Compliance and Miscellaneous) Act 1983, for "Commission" substitute "ESC".
(3)In section 187(4) of the Transport (Compliance and Miscellaneous) Act 1983, for "Commission" (wherever occurring) substitute "ESC".
55Objectives not to apply
In section 188 of the Transport (Compliance and Miscellaneous) Act 1983, for "the Commission" (where twice occurring) substitute "the ESC".
56Powers relating to investigations
(1)In section 189(1) of the Transport (Compliance and Miscellaneous) Act 1983, for "Commission" (where twice occurring) substitute "ESC".
(2)In section 189(2), (3), (5), (6) and (7) of the Transport (Compliance and Miscellaneous) Act 1983, for "Commission" substitute "ESC".
57Reports
(1)In section 190(1), (3), (4) and (7) of the Transport (Compliance and Miscellaneous) Act 1983, for "Commission" substitute "ESC".
(2)In section 190(2) of the Transport (Compliance and Miscellaneous) Act 1983, for "Commission" (where twice occurring) substitute "ESC".
58New Division 9A of Part VI inserted
After Division 9 of Part VI of the Transport (Compliance and Miscellaneous) Act 1983 insert—
"Division 9A—Taxi Services Commission inquiry
Subdivision 1—Preliminary
191ADefinitions
In this Division—
Commission means the Taxi Services Commission within the meaning of the Transport Integration Act 2010;
FOI exempt document means a document that—
(a)was given to the Commission (whether under Subdivision 3 or otherwise) 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.
Subdivision 2—Inquiry
191BMatter referred for inquiry
(1)On being given written notice by the Minister, the Commission must conduct an inquiry into—
(a)the structure, conduct, performance and regulation of the commercial passenger vehicle industry; and
(b)ancillary matters related to the provision of commercial passenger vehicle services.
Example
The provision of electronic and other payment systems for the payment of fares and charges is an ancillary matter.
(2)The Minister must specify the terms of reference for the inquiry in the notice.
(3)The Minister may, in the notice—
(a)specify a period within which the Commission must submit the final report to the Minister;
(b)specify—
(i)whether one or more interim reports are required; and
(ii)the matter, contained in the terms of reference, that a particular interim report must concern; and
(iii)the period within which the Commission must submit a particular interim report to the Minister;
(c)require the Commission to make a draft report publicly available or available to specified persons or bodies (including the Minister) during the inquiry;
(d)require the Commission to consider specified matters;
(e)give the Commission specific directions in respect of the conduct of the inquiry.
(4)The Minister may amend the terms of reference or extend the period within which a report is to be submitted to the Minister.
191CNotice of inquiry
(1)The Commission must publish notice of the inquiry—
(a)in the Government Gazette; and
(b)in a daily newspaper; and
(c)on the Internet.
(2)The notice must specify—
(a)the period during which the inquiry is to be held;
(b)the period within which, and the form in which, members of the public may make submissions, including details of public hearings;
(c)the matters that the Commission would like submissions to deal with.
(3)The notice must contain the contents of the notice given under section 191B.
(4)The Commission may specify in the notice that if a submission is not received within the period specified under subsection (2)(b), the Commission may decide not to consider the submission.
(5)The Commission must publish a further notice if the Minister amends the terms of reference or extends the period within which a report is to be submitted to the Minister.
(6)The Commission must send a copy of any notice published under this section to any person that the Commission considers should be notified.
191DConduct of inquiry
(1)Before commencing the inquiry, the Commission must consult with the following persons—
(a)the Minister;
(b)the Secretary;
(c)the Director;
(d)the Secretary to the Department of Treasury and Finance;
(e)any other person with whom the Commission considers it is appropriate to consult.
(2)Subject to this Act, the Commission may conduct the inquiry in such a manner as the Commission considers appropriate, having regard to the outcome of any consultation under subsection (1).
(3)In conducting the inquiry, the Commission is not bound by rules or practice as to evidence but may inform itself in relation to any matter in such manner as the Commission considers appropriate.
(4)The Commission may receive written submissions or statements.
(5)In conducting the inquiry the Commission—
(a)must consult with any person that it considers appropriate;
(b)must hold public seminars and conduct workshops;
(c)may establish working groups and task forces.
191EHearings
(1)In conducting the inquiry the Commission may hold one or more hearings.
(2)The Commission may hold a hearing or a part of a hearing in private if it is satisfied that—
(a)it would be in the public interest; or
(b)the evidence is or may be of a confidential or commercially sensitive nature.
(3)The Commission may determine whether a person may appear before the Commission at a hearing.
(4)The Commission may determine whether a person may represent another person at a hearing.
Subdivision 3—Obtaining information and documents
191FRequiring information and documents
(1)The Commission may require a person to provide information or a document to the Commission if the Commission believes on reasonable grounds that—
(a)the information or document is relevant to the inquiry; and
(b)the person has the information or document.
(2)The Commission may require the person to appear before the Commission to provide the information or document.
(3)A requirement must be made by giving the person a written notice specifying the following—
(a)the information or document required;
(b)the period within which the person must comply with the requirement;
(c)the form in which the person must give the information or document to the Commission;
(d)if the person is required to provide a document—whether the person must provide the original document;
(e)whether or not the person is required to appear before the Commission;
(f)that the requirement is made under this section.
(4)A person required by the Commission to provide a document may produce a copy of the document unless the notice specifies that the original document is required.
(5)The notice must include a copy of this Subdivision and Subdivisions 4 and 5.
(6)A person is not liable in any way for any loss, damage or injury suffered by another person because of the giving in good faith of any information or a document to the Commission under this section.
(7)To avoid doubt, in this section a person includes the Secretary of a Department (within the meaning of the Public Administration Act 2004).
191GOffences
(1)A person must comply with a requirement in a notice given to the person under section 191F unless he or she has a lawful excuse.
Penalty:120 penalty units.
(2)A person must not, in purported compliance with a requirement made under section 191F, give the Commission information that the person knows is false or misleading in a material particular.
Penalty:120 penalty units or imprisonment for 6 months.
(3)A person must not—
(a)threaten, intimidate or coerce another person; or
(b)take, threaten to take, incite or be involved in any action that causes another person to suffer any loss, injury or disadvantage—
because that other person complied, or intends to comply, with a requirement made under section 191F.
Penalty:120 penalty units.
191HPrivilege against self-incrimination applies
It is a lawful excuse for a person to refuse to provide information or documents in compliance with a requirement under section 191F if to do so would tend to incriminate the person or make the person liable to a penalty.
191IDuty of confidence abrogated
It is not a lawful excuse for a person to refuse to provide information or documents in compliance with a requirement under section 191F if to do so would constitute a breach of a duty of confidence (whether arising by contract, in equity or by custom).
191JClient legal privilege applies
It is a lawful excuse for a person to refuse to provide information or documents in compliance with a requirement under section 191F if the information or documents are the subject of legal professional privilege or client legal privilege.
Subdivision 4—Confidential or commercially sensitive information
191KDefinition
In this Subdivision—
sensitive information means information—
(a)that is obtained by or on behalf of the Commission in the performance of a function or exercise of a power under, or in connection with, this Act or the Transport Integration Act 2010 or given to the Commission; and
(b)that is—
(i)of a confidential or commercially sensitive nature; or
(ii)stated to be of a confidential or commercially sensitive nature at the time that it is given to the Commission; and
(c)whether obtained or given—
(i)under Subdivision 3 or otherwise; and
(ii)in a document or otherwise.
191LRestriction on disclosure or use of sensitive information
The Commission must not disclose or use sensitive information other than in accordance with this Subdivision.
191MUse for performance of function or exercise of power permitted
The Commission may use sensitive information in the performance of a function or exercise of a power under, or in connection with, this Act or the Transport Integration Act 2010.
191NDisclosure for performance of function or exercise of power permitted in certain cases
(1)The Commission may disclose sensitive information in the performance of a function or exercise of a power under, or in connection with, this Act or the Transport Integration Act 2010 if the Commission has—
(a)invited submissions, and considered any made, in accordance with subsection (2); and
(b)formed an opinion referred to in subsection (3); and
(c)given notice in accordance with subsection (4).
(2)For the purposes of subsection (1)(a) the Commission must—
(a)give the person from whom the Commission obtained or who has given the sensitive information (the provider) an opportunity to make a submission to the Commission specifying—
(i)why the information is of a confidential or commercially sensitive nature; and
(ii)the detriment that would be caused by the disclosure of the information; and
(b)give the same opportunity to each person—
(i)who the Commission knows gave the information to the provider; and
(ii)whose identity and address is known to the Commission; and
(c)consider any submission made.
(3)For the purposes of subsection (1)(b) the Commission must form an opinion that—
(a)the disclosure would not cause detriment to—
(i)the provider; and
(ii)any other person who the Commission knows gave the information to the provider; or
(b)although the disclosure would cause detriment to a person referred to in paragraph (a), the public benefit in disclosing the information outweighs that detriment.
(4)For the purposes of subsection (1)(c) the Commission must give written notice to—
(a)the provider; and
(b)each person—
(i)who the Commission knows gave the information to the provider; and
(ii)whose identity and address is known to the Commission.
(5)The notice must—
(a)state that the Commission wishes to disclose the sensitive information; and
(b)specify the nature of the intended disclosure; and
(c)set out detailed reasons why the Commission wishes to make the disclosure; and
(d)state the opinion that the Commission has formed in relation to the recipient of the notice under subsection (3); and
(e)set out detailed reasons why the Commission has formed that opinion; and
(f)include a copy of this Subdivision.
191ODisclosure or use permitted if required by Act
The Commission may disclose or use sensitive information if that disclosure or use is expressly required by or under a provision of any Act.
191PDisclosure or use with consent permitted
The Commission may disclose or use sensitive information with the consent of the person who gave the information.
191QDisclosure or use in legal proceedings permitted
The Commission may disclose or use sensitive information in legal proceedings at the direction of a court or tribunal.
191RDisclosure or use permitted if information in public domain
The Commission may disclose or use sensitive information if the information is in the public domain at the time it is disclosed or used.
191SDisclosure to consultant permitted
The Commission may disclose sensitive information to a consultant engaged by the Commission for use by the consultant for the purpose of the inquiry.
191TDisclosure in report permitted
Subject to section 191ZC, the Commission may disclose sensitive information to the Minister in a report prepared under this Division.
Note
Section 191ZC provides that the Commission must prepare the report in a particular way if the report contains sensitive information.
191UDisclosure to law enforcement agencies
(1)This section applies if the Commission considers that sensitive information indicates that a person has—
(a)contravened a provision of this Act; or
(b)abused his or her office; or
(c)acted corruptly; or
(d)committed an indictable offence.
(2)The Commission may disclose the information for the purpose of the investigation or prosecution of an offence to—
(a)the Chief Commissioner of Police; or
(b)the Secretary; or
(c)the Secretary to the Department of Justice; or
(d)the Roads Corporation; or
(e)an authorised officer (within the meaning of section 208) employed under Part 3 of the Public Administration Act 2004.
Subdivision 5—Exempt freedom of information documents
191VRestriction on disclosure and use of exempt freedom of information documents
The Commission must not disclose or use information from an FOI exempt document other than in accordance with this Subdivision.
191WUse for performance of function permitted
The Commission may use information from an FOI exempt document in the performance of a function or exercise of a power under, or in connection with, this Act or the Transport Integration Act 2010.
191XDisclosure to consultant permitted
The Commission may disclose information from an FOI exempt document to a consultant engaged by the Commission for use by the consultant for the purpose of the inquiry.
191YDisclosure in report permitted
Subject to section 191ZC, the Commission may disclose information from an FOI exempt document to the Minister in a report prepared under this Division.
Note
Section 191ZC provides that the Commission must prepare the report in a particular way if the report contains information from an FOI exempt document.
Subdivision 6—Reports
191ZInterim report
(1)This section applies if the Minister specifies in the notice for the inquiry that an interim report is required in accordance with section 191B(3)(b).
(2)The Commission must submit a copy of the interim report to the Minister within the period specified in the notice for the inquiry.
191ZASpecial report
(1)This section applies if the Commission considers that it should report to the Minister on a matter other than a matter on which it has reported or will report in an interim report or the final report.
(2)The Commission may submit to the Minister a copy of a special report dealing with the matter.
191ZBFinal report
(1)The Commission must submit a copy of its final report on the inquiry to the Minister within the period specified in the notice for the inquiry under section 191B(3)(a) (if any).
(2)The Commission may include a matter in its final report, despite that matter not being contained in the terms of reference, if the Commission considers that the matter is a matter on which the Commission should report to the Minister.
191ZCSensitive information in report
(1)This section applies if the Commission forms the opinion that an interim report, a special report or the final report will contain—
(a)sensitive information (within the meaning of Subdivision 4); or
(b)information from FOI exempt documents.
(2)Before the Commission submits a copy of the report to the Minister, the Commission must divide the report into—
(a)a document containing—
(i)sensitive information (other than sensitive information that the Commission may disclose under section 191N); and
(ii)information from FOI exempt documents; and
(b)another document containing the rest of the information.
191ZDFinal report to be laid in Parliament and made publicly available
(1)The Minister must cause a copy of the final report to be laid before each House of the Parliament within 14 sitting days of the House after receiving the final report.
(2)The Minister must ensure that copies of the final report are publicly available after the final report has been laid before each House of the Parliament.
(3)After the Minister has made copies of the final report publicly available, the Commission must ensure that copies of the report are made publicly available.
(4)In this section—
final report means—
(a)if the final report is divided in accordance with section 191ZC, the document referred to in section 191ZC(2)(b); or
(b)in any other case, the final report.
191ZEReview of Part following final report
(1)The Minister must cause a review of the operation of Part VI of the Transport (Compliance and Miscellaneous) Act 1983, having regard to the recommendations contained in the final report.
(2)The review must be completed not more than 12 months after the final report is laid before each House of Parliament in accordance with section 191ZD.".
59Definitions
In section 208 of the Transport (Compliance and Miscellaneous) Act 1983, in the definition of authorised officer, for "Director" substitute "Secretary".
60Transport and ticket infringements
In section 212(1A)(b) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".
61Inspection of motor vehicles
In section 216(1) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".
62Powers of officers authorized by Roads Corporation
(1)In section 217(1) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".
(2)In section 217(3) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (wherever occurring) substitute "licensing authority".
63Authorisation of Departmental authorised officers
In section 221A of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".
64Authorisation of other authorised officers
In section 221AB(1) and (2) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".
65Application for authorisation
(1)In section 221B(1) and (2)(a) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".
(2)In section 221B(3) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (where twice occurring) substitute "Secretary".
66Qualification requirements
In section 221C(1) and (2) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (wherever occurring) substitute "Secretary".
67Time limits on section 221AB authorisations
In section 221CA(1) and (2) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".
68Scope of authorisation may be limited
In section 221CB(1) and (2) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".
69Conditions of authorisation
In section 221D(1)(b) and (2) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".
70Change of conditions
In section 221E(1) and (2) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".
71Application for renewal of authorisation
In section 221G(1), (2)(a), (4), (4A) and (5) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".
72Renewal of authorisation
(1)In section 221H(1), (2), (3) and (4) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (wherever occurring) substitute "Secretary".
(2)In section 221H(1A) and (5) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (wherever occurring) substitute "Secretary".
73Issue of identity cards
In section 221I(1), (1A) and (2)(c) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".
74Inquiry into conduct of authorised officer
(1)In section 221J(1) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".
(2)In section 221J(2) and (3) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (wherever occurring) substitute "Secretary".
75Revocation of authorisation
In section 221L of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (wherever occurring) substitute "Secretary".
76Tribunal reviews
In section 221M(1) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".
77Return of identity cards
(1)In section 221O(1) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (where twice occurring) substitute "Secretary".
(2)In section 221O(2) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".
78Lost, stolen or destroyed identity cards to be reported
In section 221P of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".
79Replacement of identity cards
In section 221Q of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (where twice occurring) substitute "Secretary".
80Application by proposed employee
(1)In section 221S(1) and (3) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (where twice occurring) substitute "Secretary".
(2)In section 221S(2)(a) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".
81Power of court to require attendance at approved public transport education program
In section 227A(2) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (where twice occurring) substitute "Secretary".
82Application for accreditation
(1)In section 228A(1) and (2)(a) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".
(2)In section 228A(2)(b), (2A) and (3) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (where twice occurring) substitute "Secretary".
83Matters to be considered by Director
(1)In the heading to section 228B of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".
(2)In section 228B of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".
84Giving or refusal of accreditation
(1)In section 228C(1) and (3) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".
(2)In section 228C(2) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (where twice occurring) substitute "Secretary".
85Conditions of accreditation
In section 228D(1)(b) and (2) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".
86Change of conditions etc.
(1)In section 228E(1), (2) and (4) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".
(2)In section 228E(3) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (where twice occurring) substitute "Secretary".
87Duration of accreditation
In section 228F(1), (1A) and (2) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".
88Requirement to notify Director about charges, etc.
(1)In the heading to section 228G of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".
(2)In section 228G of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (where twice occurring) substitute "Secretary".
89Notifications
(1)In section 228H(1), (2), (4) and (7) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".
(2)In section 228H(3), (8) and (9) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (where twice occurring) substitute "Secretary".
(3)In section 228H(5) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (wherever occurring) substitute "Secretary".
90Audit of certain books and records of accredited companies for compliance purposes
In section 228HA(1)(d), (2), (2A) and (3) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".
91Application for renewal of accreditation
(1)In section 228I(1), (2), (5), (5A) and (6) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".
(2)In section 228I(3) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (wherever occurring) substitute "Secretary".
92Renewal of accreditation
(1)In section 228J(1), (2) and (3) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".
(2)In section 228J(1A), (1B) and (5) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (where twice occurring) substitute "Secretary".
93Nature of accreditation
In section 228K(3) of the of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".
94Director not liable for giving accreditation
(1)In the heading to section 228M of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".
(2)In section 228M of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".
95Supervision of accredited companies
(1)In section 228N(1) and (4) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".
(2)In section 228N(3) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (wherever occurring) substitute "Secretary".
96Procedure and powers
(1)In section 228O(1) and (3) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".
(2)In section 228O(2) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (where twice occurring) substitute "Secretary".
97Immediate power of suspension
(1)In section 228P(1) and (3) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (where twice occurring) substitute "Secretary".
(2)In section 228P(2), (4) and (6) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".
98Tribunal reviews
In section 228R(1) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".
99Prosecutions
In section 229(1AA) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".
100Definitions
In section 230AI of the Transport (Compliance and Miscellaneous) Act 1983, in the definition of relevant authorised officer, for "Director" substitute "Secretary".
101New Division 9 inserted in Part VIII
After section 276 of the Transport (Compliance and Miscellaneous) Act 1983 insert—
"Division 9—Transitional provisions—Part 2 of the Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011
Subdivision 1—Preliminary
277Definitions
In this Division—
commencement day means the day on which section 101 of the Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011 comes into operation;
former DPT property means property, and related rights or related liabilities, of the Director that, under Subdivision 2, have vested in, or become liabilities of, the Secretary;
former DPT property instrument means an instrument relating to former DPT property subsisting immediately before the relevant date—
(a)to which the Director was a party; or
(b)that was given to, or in favour of, the Director; or
(c)that refers to the Director; or
(d)under which—
(i)money is, or may become, payable to the Director; or
(ii)other property is to be, or may become liable to be, transferred to or by the Director;
former relevant DPT agreement means an agreement subsisting immediately before the relevant date—
(a)to which the Director was a party; and
(b)that was entered into by the Director for the purposes of performing a function or exercising a power under Part VI or in relation to or for the purposes of the provision of commercial passenger vehicle services by the Director or another person;
liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective;
property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;
relevant agreement liabilities means liabilities of the Director under an agreement subsisting immediately before the relevant date—
(a)to which the Director was a party; and
(b)that was entered into by the Director for the purposes of performing a function or exercising a power under Part VI or in relation to or for the purposes of the provision of commercial passenger vehicle services by the Director or another person;
124Division 9A of Part VI repealed
Division 9A of Part VI of the Transport (Compliance and Miscellaneous) Act 1983 is repealed.
125New Division 10 of Part VIII inserted
After Division 9 of the Part VIII of the Transport (Compliance and Miscellaneous) Act 1983 insert—
"Division 10—Transitional provisions—Part 3 of the Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011
Subdivision 1—Preliminary
319Definitions
In this Division—
commencement day means the day on which section 125 of the Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011 comes into operation;
former property means property, and related rights or related liabilities, of the Secretary that, under Subdivision 2, have vested in, or become liabilities of, the TSC;
former property instrument means an instrument relating to former property subsisting immediately before the relevant date—
(a)to which the Secretary was a party; or
(b)that was given to, or in favour of, the Secretary; or
(c)that refers to the Secretary; or
(d)under which—
(i)money is, or may become, payable to the Secretary; or
(ii)other property is to be, or may become liable to be, transferred to or by the Secretary;
former relevant agreement means an agreement subsisting immediately before the relevant date—
(a)to which the Secretary was a party; and
(b)that was entered into by the Secretary for the purposes of performing a function or exercising a power under Part VI or in relation to or for the purposes of the provision of commercial passenger vehicle services by the Secretary or another person;
liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective;
property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;
relevant agreement liabilities means liabilities of the Secretary under an agreement subsisting immediately before the relevant date—
(a)to which the Secretary was a party; and
(b)that was entered into by the Secretary for the purposes of performing a function or exercising a power under Part VI or in relation to or for the purposes of the provision of commercial passenger vehicle services by the Secretary or another person;
relevant agreement rights means rights of the Secretary under an agreement subsisting immediately before the relevant date—
(a)to which the Secretary was a party; and
(b)that was entered into by the Secretary for the purposes of performing a function or exercising a power under Part VI or in relation to or for the purposes of the provision of commercial passenger vehicle services by the Secretary or another person;
relevant date, in relation to an allocation statement under section 320 or property, rights or liabilities allocated under such a statement, means the date fixed by the Minister under section 320(7) for the purposes of that statement;
rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective;
TSC means the Taxi Services Commission.
Subdivision 2—Property transfers
320Minister may direct transfer of property of Secretary etc. to TSC
(1)The Minister may give a direction in writing to the Secretary directing the Secretary to transfer to the TSC, in accordance with the direction—
(a)property and related rights and related liabilities of the Secretary of a specified kind;
(b)relevant agreement rights and relevant agreement liabilities of a specified kind.
(2)The Secretary must give to the Minister a statement containing the information required by the Minister relating to the property and related rights and related liabilities of the Secretary, relevant agreement rights and relevant agreement liabilities to which the direction relates, as at the date specified by the Minister for the purposes of this section.
(3)A statement under this section—
(a)must allocate the property and related rights and related liabilities of the Secretary, relevant agreement rights and relevant agreement liabilities shown in the statement in accordance with the directions of the Minister; and
(b)must be signed by the Secretary.
(4)If a statement under this section is approved by the Minister—
(a)the Minister must sign the statement; and
(b)the statement is an allocation statement for the purposes of this Division.
(5)The Minister may at any time direct the Secretary to amend a statement given to him or her under this section as specified in the direction.
(6)An allocation statement under this section may be amended by writing signed by the Minister.
(7)The Minister, by notice published in the Government Gazette, may fix a relevant date for the purposes of an allocation statement under this section.
(8)In this section, statement and allocation statement include a statement or allocation statement amended in accordance with this section.
321Property etc. transferred in accordance with direction
On the relevant date—
(a)all property and related rights of the Secretary wherever located, that are allocated under an allocation statement in accordance with a direction of the Minister under section 320, vest in the TSC in accordance with the statement;
(b)all liabilities of the Secretary related to property, wherever located, that are allocated under an allocation statement in accordance with a direction of the Minister under section 320, become liabilities of the TSC in accordance with the statement;
(c)all relevant agreement rights, wherever located, that are allocated under an allocation statement in accordance with a direction of the Minister under section 320, vest in the TSC in accordance with the statement;
(d)all relevant agreement liabilities, wherever located, that are allocated under an allocation statement in accordance with a direction of the Minister under section 320, become liabilities of the TSC in accordance with the statement.
322Allocation of property etc. subject to encumbrances
Unless an allocation statement under this Subdivision otherwise provides, if, under this Subdivision—
(a)property and related rights and relevant agreement rights vest in; or
(b)liabilities related to property and relevant agreement liabilities become liabilities of—
the TSC in accordance with a direction under section 320—
(c)the property and related rights and relevant agreement rights so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and
(d)the rights to which the Secretary was entitled in respect of those liabilities immediately before they ceased to be liabilities of the Secretary vest in the TSC.
323Substitution of party to agreement
If, under an allocation statement, rights and liabilities related to property of the Secretary under an agreement and relevant agreement rights and relevant agreement liabilities are allocated to the TSC in accordance with a direction under section 320—
(a)the TSC becomes, on the relevant date, a party to the agreement in place of the Secretary; and
(b)on and after the relevant date, the agreement has effect as if the TSC had always been a party to the agreement.
324Former Secretary instruments and agreements
(1)Each former instrument relating to former property continues to have effect according to its tenor on and after the relevant date in relation to that property as if a reference in the instrument to the Secretary were a reference to the TSC.
(2)Each former relevant agreement continues to have effect according to its tenor on and after the relevant date as if a reference in the agreement to the Secretary were a reference to the TSC.
325Proceedings
Unless an allocation statement otherwise provides, if, immediately before the relevant date, proceedings relating to former property or a former relevant agreement (including arbitration proceedings) to which the Secretary was a party were pending or existing in any court or tribunal, then, on and after that date, the TSC is substituted for the Secretary as a party to the proceedings and has the same rights in the proceedings as the Secretary had.
326Interests in land
Without prejudice to the generality of this Subdivision and despite anything to the contrary in any other Act (other than the Charter of Human Rights and Responsibilities Act 2006) or law if, immediately before the relevant date, the Secretary is, in relation to former property, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after that date—
(a)the TSC is to be taken to be the registered proprietor of that interest in land; and
(b)the TSC has the same rights and remedies in respect of that interest as the Secretary had.
327Action by Registrar of Titles
The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or other instrument, must make any amendments in the Register that are necessary because of the operation of this Subdivision.
328Taxes
No stamp duty or other tax is chargeable under any Act in respect of anything effected by or done under this Subdivision or in respect of any act or transaction connected with or necessary to be done by reason of this Subdivision, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of the Secretary.
329Evidence
Documentary or other evidence that would have been admissible for or against the interests of the Secretary in relation to former property or a former relevant agreement if this Subdivision had not been enacted is admissible for or against the interests of the TSC.
330Validity of things done under this Subdivision
Nothing effected or to be effected by this Subdivision or done or suffered under this Subdivision—
(a)is to be regarded as placing any person in breach of contract or confidence or as otherwise making any person guilty of a civil wrong; or
(b)is to be regarded as placing any person in breach of, or as constituting a default under, any Act (other than the Charter of Human Rights and Responsibilities Act 2006) or other law or obligation or any provision in any agreement, arrangement or understanding including, but not limited to, any provision or obligation prohibiting, restricting or regulating the assignment, transfer, sale or disposal of any property or the disclosure of any information; or
(c)is to be regarded as fulfilling any condition that allows a person to exercise a power, right or remedy in respect of or to terminate any agreement or obligation; or
(d)is to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a change in the beneficial or legal ownership of any relevant property; or
(e)is to be regarded as causing any contract or instrument to be void or otherwise unenforceable; or
(f)is to be regarded as frustrating any contract; or
(g)releases any surety or other obligor wholly or in part from any obligation.
Subdivision 3—Administrative and regulatory function transfers
331General transitional provisions
(1)This Subdivision does not affect or take away from the Interpretation of Legislation Act 1984.
(2)This Subdivision applies despite anything to the contrary in any other provision of this Act.
332Regulatory instruments
(1)On the commencement day, every regulatory instrument in force immediately before that day is taken to be a regulatory instrument made, given, granted or issued (as the case may be) by the TSC as the licensing authority.
(2)In this section—
regulatory instrument means—
(a)a certificate of accreditation under Division 4 of Part VI;
(b)a licence in respect of a public commercial passenger vehicle (within the meaning of section 86(1));
(c)a hire car licence (within the meaning of section 86(1));
(d)a restricted hire vehicle licence (within the meaning of section 86(1));
(e)a special purpose vehicle licence (within the meaning of section 86(1));
(f)a taxi-cab licence (within the meaning of section 86(1));
(g)a notice published in the Government Gazette under section 142(1A) specifying an area for the purposes of section 140(1)(b);
(h)a temporary permit under section 154;
(i)a notice published in the Government Gazette under section 158A(5) specifying a place for the purposes of section 158A;
(j)a specification under section 167(1A);
(k)a driver accreditation issued under section 169D;
(l)an authorisation under section 134A, 149, 150, 151, 152, 154 or 158B;
(m)a notice published in the Government Gazette under regulation 5 or 7 of the Transport (Taxi-Cab Licences—Market and Trading) Regulations 2005.
333Pending applications for accreditation
(1)This section applies to an application for accreditation made under section 132 before the commencement day in respect of which the Secretary has not made a decision whether to approve or refuse to approve the application before that day.
(2)On and after the commencement day, the TSC may make the decision, and for that purpose, anything done before that day by the Secretary for the purpose of making that decision is taken to have been done by the TSC.
334Variations, revocations, or imposition of new conditions, restrictions or other limitations on accreditations
(1)This section applies if the Secretary has—
(a)before the commencement day begun the process under section 133A to—
(i)vary or revoke a condition, restriction or other limitation imposed by the Secretary on an accreditation; or
(ii)impose a new condition, restriction or other limitation on an accreditation; and
(b)not completed that process before that day.
(2)On and after the commencement day, the TSC may complete that process and for that purpose, anything done before that day by the Secretary for the purpose of making a decision to—
(a)vary or revoke a condition, restriction or other limitation imposed by the Secretary on an accreditation; or
(b)impose a new condition, restriction or other limitation on an accreditation—
is taken to have been done by the TSC.
335Disciplinary action taken against accredited persons
(1)This section applies if the Secretary—
(a)has, before the commencement day, served a notice on an accredited person under section 135B; and
(b)has not decided whether to exercise a power under Subdivision 6 of Division 4 of Part VI in respect of that person before that day.
(2)On and after the commencement day, the TSC may make that decision and for that purpose, anything done under Subdivision 6 of Division 4 of Part VI before that day by the Secretary for the purpose of making that decision is taken to have been done by the TSC.
336Surrender of accreditations
(1)This section applies to an application made under section 137B before the commencement day in respect of which the Secretary has not made a decision as to whether to consent to the surrender before that day.
(2)On and after the commencement day, the TSC may make the decision, and for that purpose, anything done before that day by the Secretary for the purpose of deciding whether to consent to the surrender is taken to have been done by the TSC.
337Application for commercial passenger vehicle licences
(1)This section applies to an application made under section 139(2) for the grant of a commercial passenger vehicle licence before the commencement day in respect of which the Secretary has not made a decision whether to approve or refuse to approve the application before that day.
(2)On and after the commencement day, the TSC may make the decision under section 139(2) in respect of the application, and for that purpose, anything done before that day by the Secretary for the purpose of making that decision is taken to have been done by the TSC.
338Cancellation or alteration of licences
(1)This section applies to an application made under section 146 before the commencement day by a licence holder for—
(a)the cancellation of the licence; or
(b)the alteration to the conditions attached to the licence; or
(c)the alteration to the route or area in respect of which the licence was granted—
and in respect of which the Secretary has not made a decision whether to approve or refuse to approve the application before that day.
(2)On and after the commencement day, the TSC may make the decision, and for that purpose, anything done before that day by the Secretary for the purpose of making that decision is taken to have been done by the TSC.
339Transfer of licences
(1)This section applies to an application made under section 149 for the transfer of a commercial passenger vehicle licence before the commencement day in respect of which the Secretary has not made a decision whether to authorise the transfer of the licence before that day.
(2)On and after the commencement day, the TSC may make the decision to authorise or not authorise that transfer, and for that purpose, anything done before that day by the Secretary for the purpose of making that decision is taken to have been done by the TSC.
340Assignments
(1)This section applies to an application made under section 150 for authority to assign the right to operate a taxi-cab under a licence before the commencement day in respect of which the Secretary has not made a decision whether to grant or refuse to grant the application before that day.
(2)On and after the commencement day, the TSC may make the decision, and for that purpose, anything done before that day by the Secretary for the purpose of making that decision is taken to have been done by the TSC.
341Substitution of vehicle where licensed vehicle undergoing repair
(1)This section applies to an application made under section 151 by an owner of a licensed vehicle to use a substitute vehicle before the commencement day in respect of which the Secretary has not made a decision whether to authorise that use before that day.
(2)On and after the commencement day, the TSC may make the decision, and for that purpose, anything done before that day by the Secretary for the purpose of making that decision is taken to have been done by the TSC.
342Substitution of licensed vehicle
(1)This section applies to an application made under section 152 by an owner of a licensed vehicle to substitute a vehicle for the licensed vehicle before the commencement day in respect of which the Secretary has not made a decision whether to authorise that substitution before that day.
(2)On and after the commencement day, the TSC may make the decision, and for that purpose, anything done before that day by the Secretary for the purpose of making that decision is taken to have been done by the TSC.
343Cancellation of licence for vehicles
(1)This section applies if the Secretary has, before the commencement day, notified, under section 153, the owner of a licensed vehicle that the Secretary proposes to cancel the licence issued in respect of the vehicle but has not done so before that day.
(2)On and after the commencement day, the TSC may cancel that licence in accordance with that notice, and for that purpose, anything done before that day by the Secretary for the purpose of making that decision is taken to have been done by the TSC.
344Revocation or suspension of licence, permit or certificate
(1)This section applies if the Secretary has, before the commencement day, notified, under section 157, the holder of a licence or permit granted under Division 5 of Part VI that the authority proposes to suspend or revoke the licence or permit but has not done so before that day.
(2)On and after the commencement day, the TSC may suspend or revoke the licence or permit in accordance with section 157, and for that purpose, anything done before that day by the Secretary for the purpose of making that decision is taken to have been done by the TSC.
345Application for driver accreditation
(1)This section applies to an application made by a person under section 166 for the issue of a driver accreditation before the commencement day in respect of which the Secretary has not made a decision whether to accredit the person before that day.
(2)On and after the commencement day, the TSC may make the decision, and for that purpose, anything done before that day by the Secretary for the purpose of making that decision is taken to have been done by the TSC.
346Application for renewal of driver accreditation
(1)This section applies to an application made by a holder of a driver accreditation under section 168 for the renewal of the driver accreditation before the commencement day in respect of which the Secretary has not made a decision whether to renew the accreditation before that day.
(2)On and after the commencement day, the TSC may make the decision, and for that purpose, anything done before that day by the Secretary for the purpose of making that decision is taken to have been done by the TSC.
347Actions Secretary may take in relation to holders of driver accreditations
(1)This section applies if the Secretary—
(a)has, in accordance with section 169F, considered taking action in relation to a holder of a driver accreditation under section 169I(1) and given the holder a notice in accordance with section 169G before the commencement day; and
(b)has not taken action under section 169I in relation to the holder before that day.
(2)On and after the commencement day, the TSC may take that action and complete the process specified in Division 6 of Part VI in respect of that action, and for that purpose, anything done before that day by the Secretary for the purpose of taking that action is taken to have been done by the TSC.
348Proceedings
(1)On the commencement day, the TSC is, by force of this section, substituted as a party to any proceeding pending in any court or tribunal in respect of a matter arising under Part VI to which the Secretary was a party immediately before that day.
(2)On the commencement day, every order made by a court or tribunal in a proceeding (whether pending or otherwise) in respect of a matter arising under Part VI before that day applying to the Secretary that has not been abided by or complied with by the Secretary before that day is taken to be an order applying to the TSC.
349References to the Secretary—certain statutory instruments
On and after the commencement day, every reference to the Secretary in any Ministerial Order, licence, permit, accreditation, authorisation, certificate, notice, direction or other document (however described) given, made, issued, granted, served or published under Part VI must be, unless the context otherwise requires, construed as a reference to the TSC.
350Transitional regulations
(1)The Governor in Council may make regulations in relation to matters of a savings or transitional nature consequent on the enactment of Part 3 of the Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011.
(2)A provision of regulations under this section may be retrospective in operation to the commencement day or a day after the commencement day.
(3)Regulations under this clause have effect despite anything to the contrary in any Act other than this Act or in any subordinate instrument.".
Division 3—Consequential amendments
126Road Safety Act 1986
In section 92(1) of the Road Safety Act 1986, in the definition of public transport regulator, after paragraph (c) insert—
"(d)the Taxi Services Commission within the meaning of section 3 of the Transport Integration Act 2010;".
127Working with Children Act 2005
(1)In section 32A(2) of the Working with Children Act 2005, for "relevant transport administrative entity" substitute "Taxi Services Commission (within the meaning of the Transport Integration Act 2010)".
(2)In section 32A(2)(c) of the Working with Children Act 2005, for "relevant transport administrative entity" substitute "Commission".
(3)Section 32A(4) of the Working with Children Act 2005 is repealed.
(4)In section 32B(1) of the Working with Children Act 2005, in the definition of exemption notice—
(a)for "Secretary (within the meaning of the Transport (Compliance and Miscellaneous) Act 1983)" substitute "Taxi Services Commission (within the meaning of the Transport Integration Act 2010)";
(b)for "that Act" substitute "the Transport (Compliance and Miscellaneous) Act 1983".
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Part 4—Repeal of Amending Act
128Repeal of amending Act
This Act is repealed on 1 July 2014.
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: 2 June 2011
Legislative Council: 16 June 2011
The long title for the Bill for this Act was "A Bill for an Act to amend the Transport Integration Act 2010 to establish the Taxi Services Commission and to amend the Transport (Compliance and Miscellaneous) Act 1983 and other Acts to make consequential and related amendments and for other purposes."
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