Passenger Transport Amendment Act 1999

Passenger Transport Amendment Act 1999

An Act to amend the Passenger Transport Act 1997

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 Passenger Transport Amendment Act 1999 .

2.   Commencement

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

3.   Principal Act

In this Act, the Passenger Transport Act 1997 is referred to as the Principal Act.

4.    Section 3 amended (Interpretation)

Section 3 of the Principal Act is amended as follows:

(a) by omitting the definition of bus and substituting the following definitions:

accreditation means accreditation under Part 2A as an operator of a public passenger service or hire and drive service;

bus means a bus within the meaning of the Traffic Act 1925 ;

(b) by inserting the following definitions after the definition of Commission :

disqualifying offence means an offence that is prescribed as a disqualifying offence for the purposes of Part 2A ;

hire and drive service means the service that a person provides when the person hires out a vehicle, without a driver, for the carriage of passengers;

(c) by inserting the following definition after the definition of notice :

public passenger service means –

(a) a regular passenger transport service; or

(b) any transport service that involves hiring out the whole or part of a motor vehicle, together with a driver, to carry passengers for reward; or

(c) any transport service, or kind of transport service, that is prescribed as a public passenger service;

(d) by inserting the following definition after the definition of regular passenger transport service :

responsible officer means the natural person who, under Part 2A , is responsible for a public passenger service or hire and drive service provided or proposed to be provided by an incorporated or unincorporated body accredited under that Part;

(e) by inserting the following definition after the definition of standard hire car :

status, in relation to accreditation, means the status of the accreditation in terms of whether it is probationary or suspended;

5.    Section 14 amended (Large passenger vehicle offences)

Section 14 of the Principal Act is amended as follows:

(a) by omitting the penalty from subsection (2) and substituting the following penalty:

Penalty:  In the case of –

(a) a first offence – a fine not exceeding 100 penalty units; and

(b) a second or subsequent offence – a fine not exceeding 200 penalty units.

(b) by omitting the penalty from subsection (3) and substituting the following penalty:

Penalty:  In the case of –

(a) a first offence – a fine not exceeding 100 penalty units; and

(b) a second or subsequent offence  – a fine not exceeding 200 penalty units.

6.    Section 15 amended (Small passenger vehicle offences)

Section 15(1) of the Principal Act is amended by omitting the penalty and substituting the following penalty:

Penalty:  In the case of –

(a) a first offence – a fine not exceeding 100 penalty units; and

(b) a second or subsequent offence – a fine not exceeding 200 penalty units.

7.    Section 15A inserted

After section 15 of the Principal Act , the following section is inserted in Part 2:

15A.   Using taxis for limited passenger services

(1)  A person must not use, or cause or allow another person to use, a small passenger vehicle to provide a limited passenger service if the vehicle is also a taxi unless –

(a) the vehicle's top-light and any signs indicating that the vehicle is a taxi have been removed; and

(b) the vehicle's taxi-meter has been rendered inoperative and covered over; and

(c) the taxi-plate has been covered over or removed from the vehicle.

Penalty:  Fine not exceeding 10 penalty units.

(2)  A person using a small passenger vehicle to provide a limited passenger service must not, if the vehicle is also a taxi –

(a) stand or park that vehicle on a taxi rank; or

(b) stand or park the vehicle on a public street for the purpose of soliciting trade for that vehicle; or

(c) carry for reward any person who hails the vehicle on a public street.

Penalty:  Fine not exceeding 10 penalty units.

8.    Part 2A inserted

After section 16 of the Principal Act , the following Part is inserted:

PART 2A - Accreditation

Division 1 - Accreditation policy

16A.   Provider of public passenger or hire and drive service must be accredited

A person must not provide, or offer to provide, a public passenger service or hire and drive service unless the person –

(a) is an accredited operator for that service; and

(b) complies with the conditions of the accreditation.

Penalty:  In the case of –

(a) a first offence – a fine not exceeding 100 penalty units; and

(b) a second or subsequent offence – a fine not exceeding 200 penalty units.

16B.   Purpose of accreditation

(1)  The purpose of accreditation is to ensure that a person who provides a public passenger service or hire and drive service –

(a) is a fit and proper person to be providing the service; and

(b) accepts responsibility for the safety of the service; and

(c) is held accountable for any failure to comply with appropriate safety and related standards.

(2)  Accreditation also aims to encourage improved industry standards and awareness in relation to safety and related matters.

16C.   Who may be accredited

(1)  Any of the following may be accredited under this Part:

(a) a natural person;

(b) a partnership;

(c) an incorporated or unincorporated body.

(2)  If a partnership is accredited, the members of the partnership are jointly and severally liable under this Part in relation to the accreditation.

Division 2 - Application and accreditation procedure

16D.   Application for accreditation

(1)  An application to become an accredited operator for a public passenger service or hire and drive service is to be made to the Commission.

(2)  The application is to be –

(a) in a form approved by the Commission; and

(b) accompanied by the prescribed fee; and

(c) accompanied by such information or evidence as the Commission requires.

(3)  The Commission may require an applicant to provide further information or evidence.

(4)  If the application is for public passenger service accreditation it must also specify which category or categories of service the applicant proposes to provide under the accreditation.

(5)  For the purposes of subsection (4) , the categories of service are as follows:

(a) general regular passenger transport service;

(b) student-only regular passenger transport service;

(c) open tour or charter service;

(d) restricted tour or charter service;

(e) community, private or courtesy service;

(f) luxury hire car service;

(g) prescribed transport service.

16E.   Responsible officer

(1)  If an applicant for accreditation is a partnership or an incorporated or unincorporated body it must, by the application, nominate a natural person to be the responsible officer for the purposes of the accreditation.

(2)  The person nominated as responsible officer is to be –

(a) in the case of a partnership – one of the partners; and

(b) in the case of an incorporated body  – one of its officers or employees; and

(c) in the case of an unincorporated body  – one of its members.

16F.   Determination of application

(1)  The Commission –

(a) must consider a valid application for accreditation as soon as practicable after it is made; and

(b) may grant or refuse to grant the application.

(2)  An application is not valid unless it is made in accordance with section 16D and, if applicable, section 16E .

(3)  In considering whether or not to grant the application the Commission –

(a) must take into account any prescribed matters; and

(b) may take into account any other matters that appear to it to be relevant in the circumstances having regard to the purpose of accreditation.

(4)  Without limiting subsection (3) , the Commission may refuse to grant the application if  –

(a) the Commission is not satisfied on reasonable grounds that the applicant or, if applicable, the nominated responsible officer will be able to meet the safety or related standards, or implement the quality management procedures, that the Commission has determined are necessary for the kind and, if applicable, categories of service that the applicant proposes to provide under the accreditation; or

(b) the applicant or, if applicable, the nominated responsible officer has been found guilty of a disqualifying offence within the prescribed period immediately before the application was made; or

(c) the Commission, if applicable, is not satisfied on other reasonable grounds that the nominated responsible officer is a fit and proper person to be so nominated; or

(d) the Commission is satisfied that the applicant, or another person on the applicant's behalf, has given it false or misleading information in or in connection with the application.

(5)  If the applicant or, if applicable, the nominated responsible officer has been charged with a disqualifying offence and the matter has not been finally disposed of, the Commission may defer consideration of the application until such time as the matter has been disposed of.

16G.   Refusal of application

If the Commission refuses to grant an application for accreditation it must, as soon as practicable, give the applicant notice of the refusal and its reasons.

16H.   Grant of application

(1)  If the Commission decides to grant an application for accreditation –

(a) it must, in the case of public passenger service accreditation, also decide which categories of service may be provided under the accreditation; and

(b) it may, in any case, impose such conditions on the accreditation as it considers necessary to uphold the purpose of accreditation; and

(c) it must, in the case of restricted tour and charter service accreditation and community, private and courtesy accreditation, impose conditions, relating to any one or more of the following matters, which clearly define the nature of work that can be undertaken under such accreditation:

(i) the type of vehicle that can be used;

(ii) the geographic area of operations;

(iii) the nature of the transport services that can be offered;

(iv) the persons that may be carried.

(2)  Except as provided by this Part, accreditation remains valid for a prescribed period unless it is sooner forfeited or surrendered.

(3)  In a case to which this section applies the Commission must, as soon as practicable –

(a) give the applicant notice of the grant of the application; and

(b) issue the applicant with an accreditation certificate.

16I.   Accreditation certificate

(1)  An accreditation certificate is to be in a form determined by the Commission and is to specify –

(a) particulars of the accredited operator and, if applicable, the responsible officer; and

(b) the period of accreditation; and

(c) the status of the accreditation; and

(d) any conditions of the accreditation; and

(e) in the case of public passenger service accreditation – the categories of service that may be provided under the accreditation; and

(f) any prescribed matters.

(2)  The Commission must issue an accredited operator with a revised accreditation certificate if there is a change in –

(a) the status or conditions of the accreditation; or

(b) in the case of public passenger service accreditation – the categories of service that may be provided under the accreditation; or

(c) the name or business address of, or some other significant particular concerning, the accredited operator; or

(d) if applicable – the responsible officer.

(3)  The revised certificate may be issued on the Commission's own initiative or at the request of the accredited operator but, unless the Commission is responsible for the relevant changes, the operator must pay a prescribed fee for the certificate.

(4)  An accreditation certificate is not evidence of a person's current accreditation unless it is consistent with the records kept and held by the Commission on the Accreditation Register.

16J.   Accreditation Register

(1)  The Accreditation Register is a register that the Commission must keep for the purposes of this Part.

(2)  The register is to contain –

(a) prescribed particulars in respect of each person who is accredited as an operator for a public passenger service or hire and drive service; and

(b) such other information as the Commission considers necessary or expedient.

(3)  Any person may, on request –

(a) inspect the register at the Commission's principal place of business during normal business hours without charge; and

(b) obtain a copy of or extract from the register on payment of the prescribed fee.

(4)  In any proceedings, a document purporting to be a copy of or extract from the register in relation to a particular matter at a particular date, and purporting to be signed by the Registrar, is admissible as evidence of the contents of the register in relation to that matter at that date.

Division 3 - Nature of accreditation

16K.   Accreditation is not transferable

Accreditation is not transferable.

16L.   Accreditation may be renewed

(1)  Accreditation is from time to time renewable.

(2)  An application to renew accreditation is to be –

(a) in a form approved by the Commission; and

(b) accompanied by the prescribed fee; and

(c) accompanied by such information or evidence as the Commission requires; and

(d) made to the Commission within the prescribed period before the day on which the accreditation would otherwise expire.

(3)  A person may apply to renew accreditation notwithstanding that it is suspended or probationary.

(4)  The Commission may grant an extension to a period of accreditation in order to complete its consideration of an application for the renewal of that accreditation made within the prescribed period.

(5)  The Commission may grant or refuse to grant an application for the renewal of accreditation and for that purpose may have regard to any matters that it could take into account if the application were for initial accreditation.

(6)  If the Commission grants an application to renew accreditation that is not suspended, the Commission must issue a new accreditation certificate.

16M.   Late applications for renewal

(1)  Notwithstanding section 16L , the Commission may agree to consider an application for the renewal of accreditation made after the prescribed period referred to in that section if –

(a) it is satisfied that there are extenuating circumstances; and

(b) the accreditation was not suspended or probationary at any time during that period.

(2)  Accreditation that is being considered for renewal under this section is taken not to have been expired between the end of the prescribed period and the time the Commission grants or refuses to grant the application.

16N.   Accreditation may be surrendered

(1)  An accredited person may, by notice to the Commission, surrender the person's accreditation at any time.

(2)  The surrender applies to the whole of the accreditation.

(3)  Accreditation has no surrender value.

Division 4 - Accreditation controls

16P.   Suspension and cancellation

(1)  The Commission may suspend a person's accreditation for a period not exceeding 6 months, or cancel the accreditation, if it is satisfied –

(a) that the continued provision of the accredited service is a danger to public safety; or

(b) that the person or, if applicable, the responsible officer has been found guilty of a disqualifying offence; or

(c) that the person or, if applicable, the responsible officer has contravened or failed to comply with the conditions of the accreditation to a significant extent; or

(d) on other reasonable grounds – that the person's responsible officer is not a fit and proper person to be such an officer; or

(e) that the person, being required to have a responsible officer for the purposes of the accreditation, no longer has such an officer; or

(f) in the case of public passenger service accreditation – that the person has provided a category of service not authorised under the accreditation.

(2)  Unless it is satisfied on reasonable grounds that there is an immediate and serious danger to public safety, the Commission must not exercise its power under this section without giving the accredited person notice of its intention, together with reasons, and a reasonable opportunity to be heard.

(3)  Accreditation is not valid while it is suspended except for the purposes of renewal under section 16L .

(4)  The Commission must record particulars of the cancellation or suspension in the Accreditation Register.

(5)  The Commission –

(a) must review its decision to suspend a person's accreditation at least once in each 6 week period; and

(b) may revoke the suspension if it is satisfied that the suspension is no longer merited.

Penalty:  Fine not exceeding 5 penalty units.

(6)  For the purpose of this section a reference to a responsible officer includes a reference to an existing or newly nominated responsible officer under section 16T(3) .

16Q.   Variation of conditions, &c.

(1)  The Commission may, on renewal or at any other time –

(a) impose a new condition on an accreditation; or

(b) vary or revoke a condition of an accreditation; or

(c) vary the status of an accreditation; or

(d) in the case of public passenger service accreditation – vary the categories of service that may be provided under the accreditation.

(2)  The Commission's power under subsection (1)  is exercisable on its own initiative or on the application of the accredited person.

(3)  If the accredited person applies, a prescribed fee is payable to the Commission.

(4)  The Commission must have a valid reason for taking action under subsection (1) on its own initiative.

(5)  Unless it is satisfied on reasonable grounds that there is an immediate and serious danger to public safety, the Commission must not exercise its power under this section on its own initiative without giving the accredited person notice of its intention, together with reasons, and a reasonable opportunity to be heard.

(6)  If the Commission decides to take or not take action under subsection (1) in response to an application from an accredited person, and that action is different to the action sought by the accredited person, the Commission must give the person notice of the reasons for the decision.

16R.   Probationary status

(1)  The Commission may impose probationary status on a person's accreditation if it is satisfied on reasonable grounds that –

(a) the person's operations pose a potential risk to public safety; or

(b) the person or, if applicable, the responsible officer has contravened or failed to comply with the conditions of the accreditation to a significant extent; or

(c) in the case of public passenger service accreditation – the person has provided a category of service not authorised under the accreditation.

(2)  If probationary status is imposed, the Commission must give the person notice of its concerns and of the consequences that may ensue if the deficiencies are not rectified within a reasonable period of time specified in the notice.

(3)  As part of the probationary status the Commission may impose such conditions on the person's accreditation as it considers reasonable to ensure satisfactory operator performance.

(4)  If the accredited person contravenes or fails to comply with those conditions to a significant extent during the term of the probationary status the Commission may cancel or suspend the accreditation in accordance with section 16P .

16S.   Periodic returns, &c.

(1)  Accredited persons and responsible officers must, in each case, give the Commission such periodic returns as may be prescribed.

(2)  If an accredited person or responsible officer fails to comply with subsection (1) the Commission may notify the accredited person of the need to rectify the deficiency within 14 days.

(3)  Failure to comply with a notice issued under subsection (2) is sufficient grounds for the Commission to impose probationary status on a person's accreditation.

(4)  To establish whether the requirements or conditions of accreditation are being met the Commission may require an operator to –

(a) provide it with a report of any audit that has been undertaken; or

(b) cause an audit to be undertaken and to provide it with a report of that audit.

16T.   Notification requirements

(1)  An accredited person must give notice to the Commission within 14 days if the person, or the person's responsible officer, is charged with or found guilty of a disqualifying offence.

Penalty:  Fine not exceeding 10 penalty units.

(2)  An accredited person must, if the Commission by notice so requires, give the Commission particulars of any action proposed by the accredited person to ensure the safety of the public passenger services or hire and drive services being provided under the authority of the person's accreditation.

Penalty:  Fine not exceeding 10 penalty units.

(3)  An accredited person must –

(a) give the Commission immediate notice if for any reason a person ceases, other than temporarily, to be the accredited person's responsible officer; and

(b) by the same notice nominate another person to be responsible officer.

Penalty:  Fine not exceeding 10 penalty units.

16U.   False or misleading information

(1)  A person must not give the Commission false or misleading information in any application or return under this Part.

Penalty:  Fine not exceeding 20 penalty units.

(2)  If an accredited person or, if applicable, the accredited person's responsible officer is found to have provided false or misleading information to the Commission in any application or return under this Part, the Commission may also impose probationary status on the accreditation.

Division 5 - Miscellaneous

16V.   Exemptions from accreditation

(1)  The Commission may exempt a person from the need to be accredited under this Part –

(a) for a defined period of time and for a defined purpose in prescribed circumstances; or

(b) if the Commission is satisfied that the operator is accredited for similar purposes in another State or in a Territory.

(2)  Conditions may be imposed upon the nature and extent of an exemption under subsection (1) as prescribed or as defined by the Commission by notice to the exempted person.

(3)  If a person is exempted under this section, the provisions of this Part do not, to the extent of the exemption, apply to that person.

9.    Section 18 amended (Commission must act to ensure core passenger services are provided)

Section 18(1) of the Principal Act is amended by omitting "must" and substituting "may".

10.    Section 19 repealed

Section 19 of the Principal Act is repealed.

11.    Section 20 amended (Applications to provide regular passenger transport services)

Section 20(3)(b) of the Principal Act is amended by inserting ", and will be," after "being".

12.    Section 21 amended (Record of regular passenger transport service)

Section 21(4) of the Principal Act is amended by omitting the penalty and substituting the following penalty:

Penalty:  In the case of –

(a) a first offence – a fine not exceeding 100 penalty units; and

(b) a second or subsequent offence – a fine not exceeding 200 penalty units.

13.    Section 24 amended (Regulations)

Section 24 of the Principal Act is amended as follows:

(a) by inserting in subsection (2)(a) "under this Act" after "Registrar";

(b) by omitting from subsection (2)(c) "under Part 3" and substituting "under Part 2A ";

(c) by omitting paragraph (l) from subsection (2) and substituting the following paragraph:

(l) any matters that may be necessary or expedient for the purposes of the scheme of accreditation under Part 2A ;

(d) by inserting the following subsection after subsection (6) :

(7)  Without limiting subsection (5) , regulations may be made under that subsection for or in relation to regular passenger transport service contracts and the payment of compensation to persons who may be disadvantaged or otherwise affected by this Act or actions taken pursuant to this Act.

14.    Section 25A inserted

After section 25 of the Principal Act , the following section is inserted in Part 4:

25A.   Brochured tour guidelines and approvals

(1)  The Commission may issue guidelines for the purposes of item 1(d) of Schedule 2 .

(2)  The Commission must publish the guidelines in full in the Gazette and give a free copy of them to –

(a) each person who holds accreditation as an operator of a public passenger service (for the restricted tour or charter service category); and

(b) any other person on request.

(3)  The Commission may, from time to time, cancel the guidelines and issue new guidelines in accordance with this section.

(4)  Before exercising its power under subsection (3) , the Commission must –

(a) afford the persons referred to in subsection (2)(a) a reasonable opportunity to make representations on the new guidelines; and

(b) consider any such representations.

(5)  If a proposed adventure, recreational, educational or other brochured tour does not comply with the guidelines the Commission, on application by the vehicle hirer or tour operator and notwithstanding the guidelines and the non-compliance, may approve that specific tour for the purposes of paragraph (d) of Schedule 2 .

(6)  An application under subsection (5) is to be –

(a) in a form approved by the Commission; and

(b) accompanied by the prescribed fee, if any; and

(c) accompanied by such information or evidence as the Commission requires.

15.   Schedule 2 amended (Limited passenger services)

Item 1 of Schedule 2 to the Principal Act is amended as follows:

(a) by inserting the following paragraph after paragraph (a):

(ab) the hiring out, for weddings or funerals, of a small passenger vehicle that, apart from any consideration of age, would be classifiable as a luxury vehicle for the purposes of Part 4A of the Taxi and Luxury Hire Car Industries Reform Act 1999 ;

(b) by omitting paragraph (d) and substituting the following paragraph:

(d) the hiring out of a small passenger vehicle, together with a driver, for adventure, recreational, educational or other brochured tours, either in accordance with guidelines issued by the Commission under section 25A or an approval under that section;

[Second reading presentation speech made in:

House of Assembly on 30 NOVEMBER 1999

Legislative Council on 2 DECEMBER 1999]