Luxury Hire Car Industry Amendment Regulations 2009


Tasmanian Crest
Luxury Hire Car Industry Amendment Regulations 2009

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 2008 .

21 December 2009

PETER G. UNDERWOOD

Governor

By His Excellency's Command,

G. L. STURGES

Minister for Infrastructure

PART 1 - Luxury Hire Car Industry Regulations 2008 Amended

1.   Short title

These regulations may be cited as the Luxury Hire Car Industry Amendment Regulations 2009 .

2.   Commencement

(1)  Except as provided by this regulation, these regulations take effect on 1 January 2010.
(2)  Part 2 is taken to have taken effect on 24 September 2008.

3.   Principal Regulations

In this Part, the Luxury Hire Car Industry Regulations 2008 are referred to as the Principal Regulations.

4.    Regulation 27 amended (Fees)

Regulation 27 of the Principal Regulations is amended as follows:
(a) by omitting subregulation (1) ;
(b) by omitting subregulation (4) .
PART 2 - Luxury Hire Car Industry Regulations 2008 Further Amended

5.   Principal Regulations

In this Part, the Luxury Hire Car Industry Regulations 2008 are referred to as the Principal Regulations.

6.    Regulation 28 inserted

After regulation 27 of the Principal Regulations , the following regulation is inserted in Part 6:

28.   Transitional provision for licence not in force

(1)  In this regulation –
commencement day means the day on which the provisions of the current Act commenced;
current Act means the Taxi and Luxury Hire Car Industries Act 2008 ;
former Act means the Taxi and Luxury Hire Car Industries Act 1995 as in force immediately before the commencement day.
(2)  A luxury hire car licence under the former Act is taken to be a luxury hire car licence under the current Act if the licence –
(a) was not in force under the former Act immediately before the commencement day; but
(b) has been entered into the register of licences in accordance with section 85 of the current Act.
(3)  For the purposes of this regulation, a luxury hire car licence is taken not to have been in force under the former Act immediately before the commencement day if the prescribed fee under section 23D(3)(b) of the former Act –
(a) was due before the commencement day; but
(b) had not been paid by that day.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 30 December 2009

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 Luxury Hire Car Industry Regulations 2008 by –
(a) removing the GST requirement for fees specified in the regulations; and
(b) providing that luxury hire car licences that were not in force at the commencement of the Taxi and Luxury Hire Car Industries Act 2008 are taken to have been issued under that Act.