Taxi and Hire Vehicle Industries (Review of Decisions) Amendment Regulations 2013
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 Hire Vehicle Industries Act 2008 .
30 September 2013PETER G. UNDERWOOD
Governor
By His Excellency's Command,
NICK MCKIM
Minister for Sustainable Transport
These regulations may be cited as the Taxi and Hire Vehicle Industries (Review of Decisions) Amendment Regulations 2013 .
These regulations take effect on the day on which their making is notified in the Gazette.
In these regulations, the Taxi and Hire Vehicle Industries (Review of Decisions) Regulations 2010 are referred to as the Principal Regulations.
4. Schedule 1 amended (Administrative decisions)
Schedule 1 to the Principal Regulations is amended as follows:(a) by omitting item 1 from Part 1 and substituting the following:
1.
To determine that a particular passenger transport service is not a tour
Section 3A(2)
The operator of the passenger transport service
1A.
To declare a perpetual taxi licence inactive
Section 20(1)(b)
The licence owner
(b) by omitting items 3 , 4 and 5 from Part 1 and substituting the following:
3.
To cancel an owner-operator taxi licence (when satisfied licence holder has entered into an agreement purporting to lease the licence to another person or purporting to permit another person to operate a taxi service under the licence)
Section 27(2)
The licence holder
4.
To impose conditions on an owner-operator taxi licence
Section 28(1)(a)
The licence holder
5.
To vary or revoke conditions on an owner-operator taxi licence
Section 28(1)(b)
The licence holder
(c) by inserting after item 8 in Part 1 the following:
8A.
To suspend an owner-operator taxi licence (excluding decision to suspend licence in prescribed circumstances set out in regulation 10(c) or (d) of the Taxi Industry Regulations 2008)
Section 36(1)
The licence holder
8B.
To cancel an owner-operator taxi licence (excluding decision to cancel licence in prescribed circumstance set out in regulation 11(e) of the Taxi Industry Regulations 2008)
Section 36(1)
The licence holder
(d) by omitting items 11 , 12 and 13 from Part 1 and substituting the following:
11.
To cancel a wheelchair-accessible taxi licence (when satisfied licence holder has entered into an agreement purporting to lease the licence to another person or purporting to permit another person to operate a taxi service under the licence)
Section 44(2)
The licence holder
12.
To impose conditions on a wheelchair-accessible taxi licence
Section 46(1)(a)
The licence holder
13.
To vary or revoke conditions imposed on a wheelchair-accessible taxi licence
Section 46(1)(b)
The licence holder
(e) by inserting after item 18 in Part 1 the following:
18A.
To suspend a wheelchair-accessible taxi licence (excluding decision to suspend licence in prescribed circumstances set out in regulation 12(c), (d), (e) or (f) of the Taxi Industry Regulations 2008)
Section 55(1)
The licence holder
18B.
To cancel a wheelchair-accessible taxi licence (excluding decision to cancel licence in prescribed circumstance set out in regulation 13(j) of the Taxi Industry Regulations 2008)
Section 55(1)
The licence holder
(f) by omitting item 21 from Part 1 and substituting the following:
21.
To cancel a luxury hire car licence (when satisfied licence holder has entered into an agreement purporting to lease the licence to another person or purporting to permit another person to operate a luxury hire car service under the licence)
Section 72(2)
The licence holder
(g) by omitting item 23 from Part 1 and substituting the following:
23.
To impose conditions on a luxury hire car licence
Section 74(1)(a)
The licence holder
23A.
To vary or revoke conditions imposed on a luxury hire car licence
Section 74(1)(b)
The licence holder
(h) by inserting after item 26 in Part 1 the following:
26A.
To suspend a luxury hire car licence (excluding decision to suspend a licence in prescribed circumstances set out in regulation 6(c), (d) or (e) of the Luxury Hire Car Industry Regulations 2008)
Section 82(1)
The licence holder
26B.
To cancel a luxury hire car licence (excluding decision to cancel licence in prescribed circumstance set out in regulation 7(f) of the Luxury Hire Car Industry Regulations 2008)
Section 82(1)
The licence holder
(i) by inserting after item 27 in Part 1 the following:
28.
To refuse an application for a restricted hire vehicle licence (when not satisfied applicant would be operator of service proposed to be operated under licence)
Section 84E(3)
The licence applicant
29.
To cancel a restricted hire vehicle licence (when satisfied licence holder has entered into an agreement purporting to lease the licence to another person or purporting to permit another person to operate a restricted hire vehicle service under the licence)
Section 84H(2)
The licence holder
30.
Not to approve a motor vehicle for use as a restricted hire vehicle for general rhv services
Section 84I(1)
The registered operator of the motor vehicle
31.
To impose conditions on a restricted hire vehicle licence
Section 84J(1)(a)
The licence holder
32.
To vary or revoke any conditions imposed on a restricted hire vehicle licence
Section 84J(1)(b)
The licence holder
33.
To refuse to transfer a restricted hire vehicle licence for general rhv services to another vehicle
Section 84L(4)
The licence holder
34.
To suspend a restricted hire vehicle licence (excluding decision to suspend licence in prescribed circumstances set out in regulation 6(c), (d), (e) or (f) of the Restricted Hire Vehicle Industry Regulations 2013)
Section 84P(1)
The licence holder
35.
To cancel a restricted hire vehicle licence (excluding decision to cancel licence in prescribed circumstance set out in regulation 7(d) of the Restricted Hire Vehicle Industry Regulations 2013)
Section 84P(1)
The licence holder
36.
To suspend or cancel a restricted hire vehicle licence (when satisfied there is an immediate and serious danger to public safety)
Section 84P(3)
The licence holder
(j) by omitting items 1 , 2 , 3 and 4 from Part 2 ;(k) by omitting Part 3 .
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 9 October 2013
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 and Hire Vehicle Industries (Review of Decisions) Regulations 2010 to take into account amendments made consequent upon the enactment of the Taxi and Luxury Hire Car Industries Amendment Act 2011 .