Taxi and Luxury Hire Car Industries Act 1995

Taxi and Luxury Hire Car Industries Act 1995

An Act to provide with respect to certain areas of the State for the capping of taxi licence values, for converting them to perpetual assets, for the effective administration of modernised taxi and luxury hire car industries and for related purposes

[The long title Amended by No. 97 of 1999, s. 4, Applied:26 Jun 2000]

Be it enacted by His 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:

PART 1 - Preliminary

1.   Short title

[Section 1 Amended by No. 97 of 1999, s. 5, Applied:26 Jun 2000] This Act may be cited as the Taxi and Luxury Hire Car Industries Act 1995 .

2.   Commencement

This Act commences on the day on which it receives the Royal Assent.

3.   Interpretation

In this Act, unless the contrary intention appears –

accredited taxi group means a group of persons accredited as such under Part 5 ;

application date means the date on which the regulations provide for this Act to apply to a taxi area;

[Section 3 Amended by No. 51 of 1999, s. 4, Applied:27 Oct 1999]

buy back means surrender an existing cab licence or a perpetual taxi licence for an amount paid by the Commission;

capped value means the amount determined under section 11 as the capped value of a perpetual taxi licence;

Commission means the Transport Commission;

existing cab licence means a cab licence in force under section 15 of the Traffic Act 1925 or a prescribed licence within the meaning of section 14AB (1) of that Act as in force on 30 June 1995;

expiry date means a date fixed by the regulations for the purposes of the application of sections 16 and 18 to the conversion of existing cab licences in a taxi area;

fund means a fund established under section 13 or continued under section 14 for a taxi area;

Hobart taxi area means the taxi area specified in the regulations as the taxi area for Hobart;

human rights legislation means the following Acts of the Commonwealth:

(a) the Racial Discrimination Act 1975 ;

(b) the Sex Discrimination Act 1984 ;

(c) the Disability Discrimination Act 1992 ;

market price means the amount determined as the market price under section 19 (2) (a) ;

perpetual taxi licence means a perpetual taxi licence in force under Part 4 ;

[Section 3 Amended by No. 43 of 2000, s. 4, Applied:14 Aug 2000] registered operator means a registered operator within the meaning of the Vehicle and Traffic Act 1999 ;

regulations means regulations made and in force under this Act;

taxi area means an area of Tasmania specified in the regulations as an area to which this Act applies;

temporary taxi licence means a temporary taxi licence in force under section 23 .

4.   Objects of Act

[Section 4 Substituted by No. 97 of 1999, s. 6, Applied:26 Jun 2000]

(1)  The objects of this Act are, in respect of each taxi area –

(a) to ensure the provision of adequate, safe and efficient taxi services to the public; and

(b) to ensure that the taxi industry is competitive, professional and responsive to the needs of consumers by providing services required by the public at a price determined by market forces; and

(c) to ensure that in the provision of taxi services the needs of disadvantaged persons in the community, such as the elderly and persons with disabilities, are taken into account; and

(d) to enable the taxi industry to respond to changes in technology and work practices; and

(e) to provide for the issue of perpetual taxi licences at capped values and of temporary taxi licences for limited periods.

(2)  The objects of this Act are, in respect of luxury hire car services –

(a) to ensure that vehicles used in the provision of general hire car services in the State are of an appropriate luxury standard; and

(b) to clarify the respective roles of taxis and luxury hire cars.

5.   Application of Act

(1)  Subject to subsection (2) , this Act applies only in taxi areas.

(2)  [Section 5 Subsection (2) substituted by No. 97 of 1999, s. 7, Applied:26 Jun 2000] Part 4A applies throughout Tasmania.

6.   Administration and enforcement

[Section 6 Subsection (1) amended by No. 79 of 1997, Sched. 3, Applied:02 Feb 1998] [Section 6 Subsection (2) amended by No. 53 of 1997, Sched. 1, Applied:26 Jun 2000] [Section 6 Substituted by No. 97 of 1999, s. 8, Applied:26 Jun 2000] This Act is to be administered by the same persons and in the same manner as section 9 of the Traffic Act 1925 provides for that Act to be administered, and that section applies to the administration of this Act in all respects as if a reference in that section to the Traffic Act 1925 were a reference to this Act.

7.   Act to bind Crown

This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.

PART 2 - Administration

Division 1 - Control of Minister

8.   Commission subject to control of Minister

(1)  In the exercise of the powers conferred, and the performance of functions imposed, on the Commission by or under this Act, the Commission is subject to the control of the Minister.

(2)  The Minister may, in order to exercise the control referred to in subsection (1) , from time to time give a direction to the Commission and the Commission must, subject to this section, exercise the powers conferred, and perform the functions imposed, on it by or under this Act in accordance with any such direction.

(3)  The Commission is not bound by a direction given under subsection (2) unless the direction is in writing and signed by the Minister.

(4)  The power conferred on the Minister by subsection (2) –

(a) is not to be exercised so as –

(i) to require the Commission to do anything that it is not empowered to do by this Act; or

(ii) to prevent the Commission from performing any function that it is expressly required by this Act to perform, whether conditionally or unconditionally; or

(iii) to interfere with the formation by the Commission of any opinion or belief in relation to any matter that has to be determined as a prerequisite to the performance or exercise by the Commission of any of its functions or powers under this Act; and

(b) does not extend to any matter concerning a contract or agreement to which the Commission is a party and which is in force on 1 July 1995.

(5)  Where the Minister gives a direction under subsection (2) and the direction is not complied with, the Minister may cause a copy of the direction to be laid on the table of each House of Parliament within the first 15 sitting days of the House after the direction is given.

(6)  Subsection (2) does not authorise the Minister to give a direction with respect to the issue of a perpetual taxi licence or a temporary taxi licence.

Division 2 - .  .  .  .  .  .  .  .  

[Division 2 of Part 2 Repealed by No. 51 of 1999, s. 5, Applied:27 Oct 1999]

9.   

[Section 9 Repealed by No. 51 of 1999, s. 5, Applied:27 Oct 1999] .  .  .  .  .  .  .  .  

10.   

[Section 10 Repealed by No. 51 of 1999, s. 5, Applied:27 Oct 1999] .  .  .  .  .  .  .  .  

Division 3 - Capping of licence values

11.   Capping of licence values

On the application date, the regulations are to provide, in accordance with section 27 (3) , for an amount to be the capped value of a perpetual taxi licence for the relevant taxi area.

Division 4 - Area funds and general administration fund

12.   Funds for administration of this Act

For the purposes of the administration of this Act, funds are to be established as accounts in the Special Deposits and Trust Fund.

13.   Funds for taxi areas

(1)  A fund is to be established for each taxi area consisting of –

(a) money paid for the issue of perpetual taxi licences; and

(b) conversion fees paid for perpetual taxi licences; and

(c) fees payable on the grant of temporary taxi licences; and

(d) money borrowed by the Commission for the purposes of the fund on terms and conditions approved by the Treasurer; and

(e) money provided by the Parliament –

where in each case the money is derived from, or appropriated to, the taxi area to which the fund relates.

(2)  A fund established under this section for a taxi area is to be applied –

(a) in payments for the buy back of existing cab licences or perpetual taxi licences in accordance with section 17 ; and

(b) for the purposes of promotion and development of the taxi industry in the taxi area if the Minister is satisfied that those purposes are supported by the industry; and

(c) otherwise in the administration of this Act in respect of the taxi area, as may be directed by the Minister.

14.   Special fund for Hobart taxi area

(1)  [Section 14 Subsection (1) amended by No. 26 of 1998, s. 4, Applied:26 Jun 1998] The money standing to the credit of the fund formerly established and maintained under section 17B of the Transport Act 1981 and known as the Cab and Hire-Car Trust Fund is to become an additional area fund for the purposes of the Hobart taxi area.

(2)  [Section 14 Subsection (2) omitted by No. 26 of 1998, s. 4, Applied:26 Jun 1998] .  .  .  .  .  .  .  .  

14A.   Refunds from special fund for Hobart taxi area

[Section 14A Inserted by No. 26 of 1998, s. 5, Applied:26 Jun 1998]

(1)  In this section –

claims period means the period referred to in subsection (3)(c) ;

commencement day means the day on which the Taxi Industry Amendment (Hobart Taxi Fund Refund) Act 1998 commences;

eligible contributor means a person who has made a transfer payment;

Fund means the additional area fund for the purposes of the Hobart taxi area referred to in section 14(1) ;

transfer payment means a payment made to the Commission, by way of levy in respect of the transfer of a prescribed licence, under section 17B(2)(b) of the Transport Act 1981 as in force immediately before the day on which the Transport Amendment Act 1995 commenced.

(2)  The Commission must, as soon as practicable and in any event within 2 months of the commencement day, prepare a plan that provides for each eligible contributor to claim and be paid from the Fund a partial refund of each transfer payment made by that eligible contributor.

(3)  The plan must –

(a) specify the amount of the partial refund that is to be paid to an eligible contributor in respect of a transfer payment; and

(b) set out a procedure for eligible contributors to claim the partial refund; and

(c) allow a period of at least 3 months but no more than 6 months for the making of claims; and

(d) provide for eligible contributors to be given effective public notice of their entitlement to claim the partial refund together with notice of the amount, the claims procedure and the claims period; and

(e) set out a procedure for verifying and processing claims and paying the partial refunds; and

(f) set out arrangements for eligible contributors to make inquiries and obtain information about the plan and their entitlements under it.

(4)  The plan may provide for any other matters, consistent with this section, that the Commission considers necessary or expedient for the purposes of administering the partial refund scheme.

(5)  The plan may provide for the Commission to exercise a discretion in respect of a matter.

(6)  The Commission must submit the plan to the Minister for approval as soon as it has been prepared.

(7)  [Section 14A Subsection (7) omitted by No. 51 of 1999, s. 6, Applied:27 Oct 1999] .  .  .  .  .  .  .  .  

(8)  The Minister may direct the Commission to make any changes to the plan, consistent with this section, that the Minister considers necessary or expedient.

(9)  The Commission must comply with any direction under subsection (8) .

(10)  When the Minister is satisfied with the plan the Minister must approve it.

(11)  Any person may, on request, inspect a copy of the approved plan at the office of the Commission during normal business hours free of charge.

(12)  When the plan has been approved by the Minister the Commission must implement it without delay.

(13)  When the plan is implemented –

(a) any eligible contributor may claim a partial refund of a transfer payment in accordance with the plan; and

(b) the Commission, notwithstanding the provisions of any enactment to the contrary, is authorised to apply any money then standing to the credit of the Fund to the payment of partial refunds to eligible contributors in accordance with the plan.

(14)  The Commission must not make any payment from the Fund under the authority of this section unless –

(a) a claim for that payment has been made, in accordance with the procedure set out in the plan, within the claims period; and

(b) the Commission is satisfied that the claimant is entitled to that payment.

(15)  The entitlement of an eligible contributor to claim a partial refund of a transfer payment under the plan terminates on the expiry of the claims period and the Commission must not process or pay any refund in respect of any claim that it does not actually receive before that expiry.

(16)  After the claims received under the plan have been processed, any balance standing to the credit of the Fund is to be applied as provided by section 13(2) for the purposes of the Hobart taxi area.

(17)  [Section 14A Subsection (17) amended by No. 51 of 1999, s. 6, Applied:27 Oct 1999] The Minister may, on the recommendation of the Commission at any time before the end of the claims period, approve an amendment of the plan, other than a provision specifying the amount of the partial refund or claims period, if the Minister is satisfied that the amendment is necessary for the purposes of the partial refund scheme and does not adversely affect the rights of any eligible contributor.

15.   General administration fund

A separate fund is to be established consisting of the annual fees payable for perpetual taxi licences and is to be applied for the general administration of this Act.

PART 3 - Transitional Arrangements for taxis

[Part 3 Heading amended by No. 97 of 1999, s. 9, Applied:26 Jun 2000]

16.   Transitional arrangements

(1)  During a period commencing on the application date and ending on the expiry date –

(a) the holder of an existing cab licence, other than a restricted cab licence, may convert that licence to a perpetual taxi licence in the relevant taxi area; and

(b) the existing cab licence continues in force until the conversion is effected.

(2)  During such period as may be prescribed by the regulations –

(a) the holder of a perpetual taxi licence or an existing cab licence, other than a restricted cab licence, may apply to the Commission for the buy back of that licence; and

(b) the licence continues in force until the buy back is effected; and

(c) the number of licences to be bought back is to be determined by the Commission having regard to the amount of the fund relating to the relevant taxi area and in accordance with section 17 .

17.   Administration of funds for buy back of licences

(1)  In this section, tender means an offer to surrender an existing cab licence or a perpetual taxi licence for an amount paid by the Commission.

(2)  The Commission must administer a fund for the buy back of existing cab licences or perpetual taxi licences in a taxi area in accordance with this section.

(3)  During a period of 3 months after the application date or such other date as may be fixed by the regulations, tenders are to be sought from the holders of existing cab licences or perpetual taxi licences for the buy back of their licences.

(4)  In seeking tenders, the Commission must state that the maximum price to be paid for buy back will be the lesser of –

(a) the market price in force at that time for any such licence; and

(b) the capped value for that licence.

(5)  If the fund is sufficient to give effect to all tenders received, the Commission must buy back all relevant licences for the amount specified in the tenders.

(6)  If the fund is insufficient to give effect to all tenders received, the Commission must buy back progressively starting with the lowest tender received until the fund is insufficient for the remaining buy backs.

(7)  If the fund is insufficient for buy back of 2 or more existing cab licences at a particular price, a ballot is to be conducted in accordance with the regulations to determine the licence holders entitled to buy back at that price.

(8)  For the purposes of this section, any tender received for a price that exceeds the price determined under subsection (4) is taken to be for that price and buy back is to be effected accordingly.

(9)  All buy backs under this section are to be effected during a period of one month following the period of 3 months referred to in subsection (3) .

(10)  Any licence holder whose tender is unsuccessful is, during a period of 3 months next following the period of one month referred to in subsection (9) , entitled to convert his or her existing cab licence to a perpetual taxi licence.

(11)  If the fund is not exhausted after giving effect to the provisions of this Part, the Commission must purchase a perpetual taxi licence from any holder who wishes to sell it at the price determined under subsection (4) so long as the amount in the fund permits.

(12)  If the holder of an existing cab licence fails to convert it to a perpetual taxi licence as mentioned in subsection (10) , the licence becomes subject to section 18 (2) .

18.   Time limit for conversion and buy back

(1)  In this section, restricted cab licence means a restricted cab licence in force under the Traffic Act 1925 .

(2)  In each taxi area –

(a) the conversion of existing cab licences is to be effected before the expiry date and in accordance with this Part; and

(b) the buy back of licences is to be effected in accordance with this Part.

(3)  An existing cab licence which has not been converted to a perpetual taxi licence or offered for buy back as mentioned in section 16 (2) –

(a) is reclassified as a restricted cab licence and has effect as such but only until the expiry date; and

(b) on that date ceases to have any force or effect and is not to be re-issued by the Commission.

PART 4 - Perpetual Taxi Licences

19.   Issue of perpetual taxi licences

(1)  The Commission may, in accordance with this section, issue perpetual taxi licences for each taxi area.

(2)  [Section 19 Subsection (2) amended by No. 51 of 1999, s. 7, Applied:27 Oct 1999] The Commission must, within 7 days after the application date–

(a) determine an amount which in its opinion a willing buyer would pay to a willing seller in a normal commercial transaction for a perpetual taxi licence for the relevant taxi area and give such notice to the public as it thinks fit of that amount; and

(b) [Section 19 Subsection (2) amended by No. 51 of 1999, s. 7, Applied:27 Oct 1999] determine the number of perpetual taxi licences that may be issued in each year for that taxi area while the market price determined under paragraph (a) is less than the capped value.

(3)  In issuing perpetual taxi licences –

(a) the Commission must ensure that, where the market price for perpetual taxi licences is less than the capped value, the number of licences issued in a period of 12 months does not exceed the number of licences determined under subsection (2) (b) ; and

(b) if the market price exceeds the capped value, the Commission may issue licences without limit at the capped value.

20.   Requirements for issue of perpetual taxi licences

The Commission must not issue a new perpetual taxi licence for a taxi area unless –

(a) the motor vehicle proposed to be used as a taxi is a new vehicle; and

(b) the applicant has been given information on the operation of a taxi business as mentioned in section 26 –

and in any event must not do so if a conversion or buy back of an existing cab licence or perpetual taxi licence in the taxi area may be effected under Part 3 .

21.   Effect of perpetual taxi licences

A perpetual taxi licence –

(a) authorises the use of a vehicle specified in the licence to ply or stand for hire within, to or from a public street in the taxi area to which the licence relates for the purpose of carrying passengers or carrying parcels not exceeding 50 kg in the aggregate in that area; and

(b) is the personal property of the person to whom it is issued and is capable of assignment.

22.   Use of substituted vehicles

Where a vehicle for which a perpetual taxi licence has been issued ceases for any reason to be available, or to be used, for the purposes of the licence, the Commission may, in accordance with the regulations, permit another vehicle to be used for that purpose in place of that vehicle.

23.   Temporary taxi licences

(1)  [Section 23 Subsection (1) amended by No. 51 of 1999, s. 8, Applied:27 Oct 1999] The Commission may issue a temporary taxi licence to an accredited taxi group for a limited period.

(2)  A temporary taxi licence –

(a) may be subject to any conditions that the Commission thinks fit; and

(b) has the effect of a perpetual taxi licence during the period for which it is in force.

PART 4A - Luxury Hire Cars

23A.   Interpretation of Part

[Section 23A Inserted by No. 97 of 1999, s. 10, Applied:26 Jun 2000] In this Part, unless the contrary intention appears –

licence means a luxury hire car licence;

licensee means the holder of a licence;

[Section 23A Amended by No. 43 of 2000, s. 5, Applied:14 Aug 2000]

[Section 23A Amended by No. 43 of 2000, s. 5, Applied:14 Aug 2000] limited passenger service means a limited passenger service within the meaning of the Passenger Transport Act 1997 ;

luxury hire car means a small passenger vehicle in respect of which a licence issued under this Part is in force;

luxury vehicle means a small passenger vehicle that is determined by the Commission to be a luxury vehicle in accordance with Schedule 5 ;

[Section 23A Amended by No. 43 of 2000, s. 5, Applied:14 Aug 2000] motor vehicle means a motor vehicle within the meaning of the Vehicle and Traffic Act 1999 ;

police officer means a police officer within the meaning of the Police Regulation Act 1898 ;

public passenger vehicle means a motor vehicle that is registered as a public passenger vehicle pursuant to section 7 of the Passenger Transport Act 1997 ;

[Section 23A Amended by No. 43 of 2000, s. 5, Applied:14 Aug 2000] registered means registered under the Vehicle and Traffic Act 1999 ;

small passenger vehicle means a motor vehicle with a seating capacity of less than 13 adults, including the driver, that is designed and constructed primarily for the carriage of passengers;

taxi means a vehicle that is licensed and operated as a taxi under this Act.

23B.   Luxury hire car licences

[Section 23B Inserted by No. 97 of 1999, s. 10, Applied:26 Jun 2000]

(1)  The Commission may issue persons with licences, called luxury hire car licences, in respect of small passenger vehicles that are not taxis.

(2)  A luxury hire car licence authorises the small passenger vehicle specified in the licence to be hired out, together with a driver, for the purpose of carrying passengers for reward even though –

(a) the vehicle is not a taxi; and

(b) the passenger service being provided is not a limited passenger service.

(3)  [Section 23B Subsection (3) amended by No. 43 of 2000, s. 6, Applied:14 Aug 2000] A luxury hire car licence does not prevent the vehicle specified in the licence from being used for private purposes and any other purposes authorised by virtue of its registration under the Vehicle and Traffic Act 1999 .

23C.   Applications for licences

[Section 23C Inserted by No. 97 of 1999, s. 10, Applied:26 Jun 2000]

(1)  [Section 23C Subsection (1) amended by No. 43 of 2000, s. 7, Applied:14 Aug 2000] An application for a luxury hire car licence may be made by the registered operator of the vehicle or by a person authorised by the registered operator.

(2)  The application is to be –

(a) lodged with the Commission; and

(b) made on a form that the Commission has provided or approved for the purpose; and

(c) accompanied by a licence fee of $5 000; and

(d) supported by such information or evidence as the Commission requires.

23D.   Issue and commencement of licences, &c.

[Section 23D Inserted by No. 97 of 1999, s. 10, Applied:26 Jun 2000]

(1)  The Commission is to issue an applicant with a luxury hire car licence in respect of a vehicle if the Commission –

(a) is satisfied that the vehicle is a registered small passenger vehicle and is not a taxi; and

(b) determines, in accordance with Schedule 5 , that the vehicle is a luxury vehicle.

(2)  The licence may be issued on such conditions as the Commission determines having regard to the objects of this Act in respect of luxury hire car services, including conditions relating to –

(a) the areas in which the vehicle may operate as a luxury hire car; and

(b) the condition or standard of the vehicle.

(3)  A luxury hire car licence takes effect on the day on which it is issued and, unless forfeited or surrendered in accordance with this Part, it –

(a) remains in force for a period of 12 months from that day; and

(b) is from time to time renewable for an equivalent period on payment of a prescribed fee.

(4)  A licence may be surrendered to the Commission at any time.

(5)  The Commission may, on payment of a prescribed fee, issue a licensee with a replacement for any licence that has been lost or destroyed or been damaged to an extent that renders it unsuitable for the purposes of this Part.

23E.   Variation of licence conditions

[Section 23E Inserted by No. 97 of 1999, s. 10, Applied:26 Jun 2000]

(1)  The Commission may vary the conditions of a luxury hire car licence in accordance with this section.

(2)  The Commission must –

(a) give the licensee notice in writing of its intention to vary the licence conditions; and

(b) give the licensee a reasonable opportunity to make representations to the Commission regarding the proposed variations; and

(c) take any such representations into account in exercising its power under this section.

23F.   Transfer of licences

[Section 23F Inserted by No. 97 of 1999, s. 10, Applied:26 Jun 2000]

(1)  A licensee may at any time apply as prescribed to the Commission to do either or both of the following:

(a) have the licence transferred to another person;

(b) have the licence apply, temporarily or indefinitely, to another vehicle.

(2)  The Commission is to approve the application if the Commission –

(a) is satisfied that the vehicle to which the licence is to relate is a registered small passenger vehicle; and

(b) determines, in accordance with Schedule 5 , that that vehicle is a luxury vehicle; and

(c) [Section 23F Subsection (2) amended by No. 43 of 2000, s. 8, Applied:14 Aug 2000] is satisfied, in a case to which subsection (1)(b) applieswhere the applicant is not the registered operator of the other vehicle, that the application is authorised by the registered operator of that vehicle.

23G.   Cancellation and suspension of licences

[Section 23G Inserted by No. 97 of 1999, s. 10, Applied:26 Jun 2000]

(1)  The Commission, in prescribed circumstances, may cancel a luxury hire car licence.

(2)  The Commission, in prescribed circumstances, may suspend a luxury hire car licence for a period not exceeding 3 months.

23H.   Delivering up licences

[Section 23H Inserted by No. 97 of 1999, s. 10, Applied:26 Jun 2000] A person who holds a luxury hire car licence must, if given notice to do so by the Commission, deliver up that licence to the Commission at such time and place as the Commission by the notice specifies.

Penalty:  Fine not exceeding 10 penalty units.

23I.   Small passenger vehicle offences

[Section 23I Inserted by No. 97 of 1999, s. 10, Applied:26 Jun 2000]

(1)  This section applies to a small passenger vehicle that is not a taxi.

(2)  A person who does not hold a luxury hire car licence must not hire out a small passenger vehicle to which this section applies, with a driver, for the purpose of carrying passengers for reward other than to provide a limited passenger service.

Penalty:  Fine not exceeding 20 penalty units.

(3)  A person must not, for reward, drive or use a small passenger vehicle to which this section applies on a public street or cause or allow such a vehicle to be driven or used on a public street, other than to provide a limited passenger service, if a luxury hire car licence is not in force in respect of that vehicle.

Penalty:  Fine not exceeding 20 penalty units.

23J.   General offences

[Section 23J Inserted by No. 97 of 1999, s. 10, Applied:26 Jun 2000]

(1)  A person who holds a luxury hire car licence must not contravene or fail to comply with the conditions of the licence.

Penalty:  Fine not exceeding 20 penalty units.

(2)  A person who does not hold a luxury hire car licence must not hold himself or herself out to be the holder of a luxury hire car licence.

Penalty:  Fine not exceeding 20 penalty units.

(3)  A person must not make a false or misleading statement to the Commission, or produce a false or misleading document to the Commission, in connection with an application or any other matter under this Part.

Penalty:  Fine not exceeding 20 penalty units.

23K.   Amendment of Schedule 5

[Section 23K Inserted by No. 97 of 1999, s. 10, Applied:26 Jun 2000]

(1)  The Governor may, by order, amend column 1 of the table in Schedule 5 by doing any one or more of the following:

(a) omitting the name of any vehicle;

(b) inserting in any place the name of any vehicle;

(c) omitting the name of any vehicle and substituting the name of any other vehicle.

(2)  The Governor may, by the same or a different order, amend column 2 of the same table by doing either or both of the following:

(a) omitting a maximum age specified in the column and substituting a different maximum age;

(b) inserting a maximum age in respect of any group of vehicles in the table for which a maximum age has not previously been specified.

(3)  The provisions of sections 47(3) , (3A) , (4) , (5) , (6) and (7) of the Acts Interpretation Act 1931 apply to an order under this section as if the order were regulations within the meaning of that Act.

PART 5 - Accreditation of Taxi Groups

24.   Accreditation of groups of taxi operators

For the purposes of this Part, where the Commission is satisfied that any persons holding perpetual taxi licences are able to operate as an organised group ensuring an acceptable level of taxi services in the whole or a part of a taxi area, that group is taken to be an accredited taxi group.

25.   Agreements with accredited taxi groups

(1)  The Commission may make an agreement with an accredited taxi group requiring it –

(a) to present annual business plans; and

(b) to maintain records and establish rules as to its membership, including rules as to –

(i) average maximum customer response times, membership fees and charges; and

(ii) any measures taken to maintain or assess standards for vehicles and drivers consistent with standards prescribed under the Traffic Act 1925 ; and

(iii) discipline, control and compliance with any human rights legislation; and

(c) to provide taxi services of such types and standards as may be agreed with the Commission; and

(d) to satisfy the Commission as to the group's compliance with that agreement; and

(e) to provide taxi services under a temporary taxi licence on terms and conditions specified by the Commission.

(2)  The Commission may make an agreement with an accredited taxi group authorising it –

(a) to specify its own fares; and

(b) to charge different fares; and

(c) to use different tariff hours; and

(d) to seal its own meters; and

(e) to specify standards as to taxi drivers and vehicles used for the provision of taxi services so long as the standards are approved by the Commission and it is satisfied as to how the standards will be maintained.

(3)  Subsection (2) does not prevent the Commission from regulating a standard fare or from continuing to inspect taxis, both as provided by the Traffic Act 1925 and randomly, in accordance with the prescribed standards or such alternative standards as may be agreed with the accredited taxi group.

(4)  The Commission may make different agreements with different accredited taxi groups in order to provide an appropriate level of benefits and responsibilities as to self-regulation for each group.

(5)  If an accredited taxi group fails to discharge its responsibilities arising from an agreement made under this Part, the agreement may be cancelled or varied by the Commission.

PART 6 - Miscellaneous and Supplemental

26.   Information as to taxi industry

[Section 26 Amended by No. 51 of 1999, s. 9, Applied:27 Oct 1999] The Commission must prepare and make available on request by any person information as to the viability, the operations and the requirements of the taxi industry.

27.   Regulations

(1)  The Governor may make regulations for the purposes of this Act.

(2)  In particular, without limiting the generality of subsection (1) , the regulations may provide for the matters specified in Schedule 3 .

(3)  The Minister must not submit to the Governor any regulations for the purposes of section 11 unless the proposed regulations are accompanied by a certificate given by the Commission that, having regard to the provisions of Schedule 4 , the proposed capped price is reasonable.

(4)  [Section 27 Subsection (4) amended by No. 51 of 1999, s. 10, Applied:27 Oct 1999] The Minister must not submit to the Governor any regulations which seek to vary the capped price of a perpetual taxi licence unless the variation has been recommended by the Commission.

(5)  Any regulations which seek to vary the capped value of a perpetual taxi licence do not take effect until publication of a notice in the Gazette by the Minister that they have been approved by both Houses of Parliament but, if so approved, the regulations are not subject to disallowance as provided by section 47 of the Acts Interpretation Act 1931 .

(6)  For the purposes of subsection (5) , a House of Parliament is taken to have approved the regulations if a copy of them has been laid on the table of that House and –

(a) the regulations are approved by that House; or

(b) at the expiration of 21 sitting days of that House after the copy was laid on the table of that House, no motion to disallow the regulations has been passed.

(7)  For the purposes of this section, where a motion to disallow a regulation or a section, division or part of a regulation is passed by a House of Parliament –

(a) the motion has the effect of annulling only that regulation or that section, division or part, as the case may be; and

(b) the remainder of the regulations is taken to be approved by that House.

(8)  The regulations may contain provisions of a savings or transitional nature consequent on the conversion of an existing cab licence to a perpetual taxi licence and, without limitation, may provide that any functions, powers, rights, duties and authorities conferred by, or arising from, an existing cab licence are to continue in force with such modifications as may be provided by the regulations.

(9)  The regulations may be made subject to such conditions, or be made so as to apply differently to any class of persons according to such factors as may be specified in them or according to such limitations or restrictions, whether as to time or circumstances or otherwise, as may be so specified.

(10)  [Section 27 Subsection (10) amended by No. 97 of 1999, s. 11, Applied:26 Jun 2000] The regulations may provide that it is an offence, punishable on summary conviction, for a person to contravene any of them and may provide in respect of any such offence for the imposition of a fine not exceeding 20 penalty units and, in the case of a continuing offence, a further fine not exceeding 2 penalty units for each day during which the offence continues.

28.   Administration of Act

Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 –

(a) the administration of this Act is assigned to the Minister for Transport; and

(b) the Department responsible to the Minister for Transport in relation to the administration of this Act is the Department of Transport.

SCHEDULE 1

[Schedule 1 Repealed by No. 51 of 1999, s. 11, Applied:27 Oct 1999]

SCHEDULE 2

[Schedule 2 Repealed by No. 51 of 1999, s. 11, Applied:27 Oct 1999]

SCHEDULE 3 - Matters to which regulations may apply

Section 27 (2)

The regulations may –

(a) [Schedule 3 Amended by No. 97 of 1999, s. 12, Applied:26 Jun 2000] prescribe parts of Tasmania as areas to which this Act, or any Part of this Act, applies; and

(b) prescribe fees to be paid on the issue of perpetual taxi licences or temporary taxi licences and annually for perpetual taxi licences; and

(c) provide for registration of holders of perpetual taxi licences and other persons having a present or contingent interest in any such licence; and

(d) prescribe classes of vehicles for the purposes of this Act; and

(e) prescribe conditions which may be imposed on the holder of a perpetual taxi licence or an accredited taxi group relating to –

(i) areas; and

(ii) fare schedules; and

(iii) qualifications for drivers; and

(iv) standards for determining whether the drivers are fit and proper persons; and

(v) insurance requirements; and

(vi) the keeping and production of records; and

(vii) the control of property lost in taxis; and

(viii) service standards for customers including compliance with human rights legislation; and

(ix) administration and standards for taxis; and

(x) the conduct, behaviour, rights and obligations of taxi drivers in providing taxi services; and

(xi) the conduct, behaviour, rights and obligations of passengers in taxis; and

(f) prescribe circumstances under which multiple hiring of taxi services may be permitted; and

(g) [Schedule 3 Amended by No. 97 of 1999, s. 12, Applied:26 Jun 2000] regulate circumstances under which a taxi driver or luxury hire car driver may refuse to accept a passenger or to terminate a hiring; and

(h) provide for the calculation of payment of fares and charges and the operation of fare schedules; and

(i) [Schedule 3 Amended by No. 97 of 1999, s. 12, Applied:26 Jun 2000] provide for equipment, including meters, required to be carried on or installed in a taxi or luxury hire car and also provide for the examination and testing of that equipment; and

(j) [Schedule 3 Amended by No. 97 of 1999, s. 12, Applied:26 Jun 2000] provide for notices and other material which are to be carried or displayed in taxis or luxury hire cars and any notices and material which are not to be so displayed; and

(k) [Schedule 3 Amended by No. 97 of 1999, s. 12, Applied:26 Jun 2000] provide for the health of the passengers and the safety of taxi services and luxury hire car services; and

(l) [Schedule 3 Amended by No. 97 of 1999, s. 12, Applied:26 Jun 2000] provide for the enforcement of an agreement made for the purposes of Part 5 ; and

(m) [Schedule 3 Amended by No. 97 of 1999, s. 12, Applied:26 Jun 2000] prescribe fees, procedural requirements and other matters for the purposes of Part 4A and generally provide for the administration and control of luxury hire car licences.

SCHEDULE 4 - Determination of capped value of licences

Section 27 (3)

1.   For the purposes of this Schedule, stamp duty is to be taken into account in determining the cost of transfer of a licence.

2.   The value of an investment in the taxi industry by each holder of an existing cab licence is to be preserved.

3.   In a taxi area where there is an established market, the value is to be based on the highest value of cab licences under the Traffic Act 1925 transferred during the period of 5 years commenced on 1 July 1989.

4.   In a taxi area where there is no established market, the value is to be the initial cost of acquiring the licence plus the average increase in value of existing cab licences in established markets from the date of acquisition until 31 December 1994.

5.   In the Hobart taxi area the value is to include the prescribed transfer fee as in force on 30 June 1995.

6.   In other areas the value is to include the prescribed fee payable to the Commission for conversion of an existing cab licence to a perpetual taxi licence.

7.   

(1) In this clause, Consumer Price Index means the Consumer Price Index published by the Australian Statistician under the Census and Statistics Act 1905 of the Commonwealth.

(2) A premium is to be added to the licence value at 30 June 1994, as assessed by the Commission, and is to be limited to one-half of the increase in the Consumer Price Index for Hobart for the preceding 3 years.

SCHEDULE 5 - Luxury Vehicles

[Schedule 5 Inserted by No. 97 of 1999, s. 13, Applied:26 Jun 2000]

Part 4A

1.   The Commission is to determine that a public passenger vehicle is a luxury vehicle for the purposes of Part 4A of this Act if –

(a) the Commission is satisfied that the vehicle is being maintained at a standard that is commensurate with luxury vehicle status; and

(b) it is a vehicle specified in column 1 of the following table and, if applicable, no older than the corresponding maximum age specified in column 2 of the table.

Column 1	Column 2
Vehicle	Maximum age
Group 1
Ford Fairlane Ghia	7 years
Ford LTD
Holden Caprice
Holden Statesman
Mazda 929
Volvo 960, S90 and V90
Group 1A
Stretched or modified versions of Group 1 vehicles	12 years
Group 2
BMW Series 7	15 years
Cadillac
Daimler
Jaguar
Mercedes Series 230 and above
Toyota Lexus LS 400
Group 2A
Stretched or modified versions of Group 2 vehicles	–
Group 3
Bentley	–
Rolls Royce

2.   The Commission may determine that a vehicle specified in column 1 of the table in item 1 is a luxury vehicle for the purposes of Part 4A of this Act notwithstanding that it exceeds the corresponding maximum age specified in column 2 of the table if the Commission –

(a) is satisfied that the vehicle is being maintained at a standard that is commensurate with luxury vehicle status; and

(b) in the case of a vehicle that belongs to Group 1 or 2 of the table, imposes conditions on the luxury hire car licence limiting the area of operation of the vehicle as a luxury hire car to a non-metropolitan area.

3.   The Commission may determine that a vehicle not specified in column 1 of the table in item 1 is a luxury vehicle for the purposes of Part 4A of this Act if the Commission is satisfied that –

(a) the vehicle is of at least a comparable standard to a vehicle specified in column 1 of the table; and

(b) the vehicle is being maintained at a standard that is commensurate with luxury vehicle status.

4.   If the Commission makes a determination under item 3 , it must classify the subject vehicle as belonging to a Group of the table in item 1 .

5.   If the subject vehicle is classified as belonging in Group 1, 1A or 2 of the table, the vehicle is subject to the same limitations and restrictions as to its maximum age and the Commission's discretion in relation to that maximum age as if the vehicle were actually specified in that Group of the table.

6.   For the purpose of this Schedule, the age of a vehicle is to be determined from the date of its manufacture as specified on its compliance plate.