Taxi and Hire Vehicle Industries Amendment Act 2016
An Act to amend the Taxi and Hire Vehicle Industries Act 2008
[Royal Assent 6 September 2016]
Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
This Act may be cited as the Taxi and Hire Vehicle Industries Amendment Act 2016 .
This Act commences on the day on which this Act receives the Royal Assent.
In this Act, the Taxi and Hire Vehicle Industries Act 2008 is referred to as the Principal Act.
4. Section 23 amended (Number of owner-operator taxi licences to be made available)
Section 23 of the Principal Act is amended as follows:(a) by inserting the following subsections after subsection (1) :(1A) Subsection (1) does not, in respect of a year specified in a notice under subsection (1B) , apply in relation to a taxi area specified in the notice.(1B) The Minister may, by a notice, or notices, in the Gazette, declare that, in respect of any of the years 2016, 2017 or 2018 specified in the notice, subsection (1) does not apply in relation to a taxi area specified in the notice.(1C) A notice under subsection (1B) is not a statutory rule for the purposes of the Rules Publication Act 1953 .(b) by omitting subsection (6) and substituting the following subsections:(6) If –the Commission is, on that date, to withdraw the licence from sale.(a) a licence in relation to a taxi area is, under subsection (5) , made available for sale in a year; and(b) the Minister has not issued a notice under subsection (1B) declaring that subsection (1) does not apply in relation to the taxi area for the following year; and(c) the licence is not sold before the date on which the Commission calls the following year's tender in respect of the taxi area –(7) If –the Commission is, on 30 September in that following year, to withdraw the licence from sale.(a) a licence in relation to a taxi area is, under subsection (5) , made available for sale in a year; and(b) the Minister has issued a notice under subsection (1B) declaring that subsection (1) does not apply in relation to the taxi area for the following year; and(c) the licence is not sold before 30 September in the following year –
5. Section 91E amended (General small passenger vehicle offences)
Section 91E of the Principal Act is amended by inserting after subsection (2) the following subsection:(2A) Subsection (1) does not apply in relation to a person using a small passenger vehicle if, under section 64(1) of the Passenger Transport Services Act 2011 –(a) the person is, or is a member of a class of persons that is, exempted from the application of section 10 of that Act; or(b) the vehicle is, or is a member of a class of vehicles that is, exempted from the application of section 10 of that Act; or(c) the passenger transport service that the vehicle is being used to operate is a passenger service that is, or is a member of a class of passenger services that is, exempted from the application of section 10 of that Act.
This Act is repealed on the three hundred and sixty fifth day from the day on which it commences.
[Second reading presentation speech made in:
House of Assembly on 7 APRIL 2016
Legislative Council on 17 AUGUST 2016]