Taxi Industry Amendment (Hobart Taxi Fund Refund) Act 1998

Taxi Industry Amendment (Hobart Taxi Fund Refund) Act 1998

An Act to amend the Taxi Industry Act 1995

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:

1.   Short title

This Act may be cited as the Taxi Industry Amendment (Hobart Taxi Fund Refund) Act 1998 .

2.   Commencement

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

3.   Principal Act

In this Act, the Taxi Industry Act 1995 is referred to as the Principal Act.

4.    Section 14 amended (Special fund for Hobart taxi area)

Section 14 of the Principal Act is amended as follows:

(a) by omitting from subsection (1) "but, subject to subsection (2) , may be applied only in payment for the buy back of existing cab licences or perpetual taxi licences";

(b) by omitting subsection (2) .

5.    Section 14A inserted

After section 14 of the Principal Act , the following section is inserted in Division 4:

14A.   Refunds from special fund for Hobart taxi area

(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)  The Minister must, before approving the plan –

(a) consult with the Board generally in relation to the plan; and

(b) take into account any recommendations of the Board as to the amount of the partial refund that should be payable under the plan.

(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)  The Minister may, on the recommendation of the Commission or the Board 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.

[Second reading presentation speech made in:

House of Assembly on 27 MAY 1998

Legislative Council on 10 JUNE 1998]