Taxi Industry Amendment Regulations 2006
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Taxi and Luxury Hire Car Industries Act 1995 .
6 November 2006W. J. E. COX
Governor
By His Excellency's Command,
J. G. COX
Minister for Infrastructure
These regulations may be cited as the Taxi Industry Amendment Regulations 2006 .
These regulations take effect on the day on which their making is notified in the Gazette.
In these regulations, the Taxi Industry Regulations 1996 are referred to as the Principal Regulations.
4. Regulation 28S amended (Cancellation of WAT licence)
Regulation 28S(1) of the Principal Regulations is amended as follows:(a) by omitting from paragraph (d) "Commission." and substituting "Commission;";(b) by inserting the following paragraphs after paragraph (d) :(e) where the Commission is satisfied that the WAT licensee has, without valid reason, failed to provide a service under the WAT licence for more than 28 consecutive days;(f) where the Commission is satisfied that the WAT licensee has become bankrupt or insolvent or has applied to take the benefit of any law for the relief of bankrupt or insolvent debtors.
5. Regulation 28UA inserted
After regulation 28U of the Principal Regulations , the following regulation is inserted in Part 5B:28UA. Ballot for remaining WAT licences
(1) The Commission is to conduct a ballot under regulation 28U(c) for any remaining WAT licences in the following manner:(a) a separate draw is to be held for each WAT licence on offer;(b) each party that has submitted an expression of interest in the WAT licence for which a draw is held is to have one entry in that draw;(c) a party is not eligible for inclusion in a draw for a WAT licence if the Commission is satisfied that the party is an associated entity of a party that has already submitted an expression of interest for the ballot;(d) the first entry drawn from the ballot box used for the draw is to be allocated the licence for that draw;(e) once a party has been allocated the total number of WAT licences for which it has submitted an expression of interest, that party is not to be included in any further draws.(2) In this regulation –associated entity means an associated entity within the meaning of section 50AAA of the Corporations Act.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 15 November 2006
These regulations are administered in the Department of Infrastructure, Energy and Resources.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations amend the Taxi Industry Regulations 1996 by –(a) prescribing the procedure for conducting a ballot for the allocation of wheelchair-accessible taxi licences; and(b) providing that a person is not eligible to enter such a ballot if the person is an associate of another entrant in the ballot; and(c) prescribing further circumstances in which the Commission may cancel a wheelchair-accessible taxi licence.