Passenger Transport Act 1997
An Act to replace the public vehicle licensing system with a more flexible scheme of administration that applies only to certain passenger vehicles and passenger transport services and for related purposes
[Royal Assent 11 December 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:
PART 1 - Preliminary
This Act may be cited as the Passenger Transport Act 1997 .
This Act commences on a day to be proclaimed.
In this Act, unless the contrary intention appears –[Section 3 Amended by No. 95 of 1999, s. 4, Applied:26 Jun 2000][Section 3 Amended by No. 95 of 1999, s. 4, Applied:26 Jun 2000] accreditation means accreditation under Part 2A as an operator of a public passenger service or hire and drive service;[Section 3 Amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000][Section 3 Amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] bus has the same meaning as in the Vehicle and Traffic Act 1999 ;Commission means the Transport Commission incorporated under the Transport Act 1981 ;[Section 3 Amended by No. 97 of 1999, Sched. 1, Applied:26 Jun 2000] hire and drive vehicle means a vehicle that is hired out for reward, without a driver, for the carriage of passengers;[Section 3 Amended by No. 95 of 1999, s. 4, Applied:26 Jun 2000] disqualifying offence means an offence that is prescribed as a disqualifying offence for the purposes of Part 2A ;[Section 3 Amended by No. 95 of 1999, s. 4, Applied:26 Jun 2000] 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;large passenger vehicle means a motor vehicle with a seating capacity of 13 or more adults, including the driver;limited passenger service means a passenger service referred to in Schedule 2 ;[Section 3 Amended by No. 97 of 1999, Sched. 1, Applied:26 Jun 2000] [Section 3 Amended by No. 31 of 2008, Sched. 1, Applied:24 Sep 2008][Section 3 Amended by No. 31 of 2008, Sched. 1, Applied:24 Sep 2008] luxury hire car means a luxury hire car in respect of which a luxury hire car licence is in force under the Taxi and Luxury Hire Car Industries Act 2008 ;[Section 3 Amended by No. 97 of 1999, Sched. 1, Applied:26 Jun 2000] [Section 3 Amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000][Section 3 Amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] motor vehicle has the same meaning as in the Vehicle and Traffic Act 1999 ;notice means notice in writing;[Section 3 Amended by No. 95 of 1999, s. 4, Applied:26 Jun 2000] public passenger service means –[Section 3 Amended by No. 31 of 2002, s. 4, Applied:14 Nov 2002](a) a regular passenger transport service; or(b) [Section 3 Amended by No. 31 of 2002, s. 4, Applied:14 Nov 2002] any transport service that involves the hiring out of the whole or part of a motor vehicle, together with a driver, to carry passengers for reward; or(ba) [Section 3 Amended by No. 31 of 2002, s. 4, Applied:14 Nov 2002] any transport service that involves the provision of a large passenger vehicle, together with a driver, to carry passengers; or(c) any transport service, or kind of transport service, that is prescribed as a public passenger service;[Section 3 Amended by No. 31 of 2002, s. 4, Applied:14 Nov 2002] public passenger vehicle means –[Section 3 Amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000](a) a motor vehicle that is used or intended to be used for the purpose of carrying passengers for reward; or(b) a large passenger vehicle that does not have an exemption under section 8 ;[Section 3 Amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] registered operator has the same meaning as in the Traffic Act 1925 ;Registrar means the Registrar of Motor Vehicles;regular passenger transport service means a transport service that is provided by a motor vehicle and has the following characteristics:(a) the operator of the service is remunerated for the carriage of passengers;(b) the service is provided at regular intervals over a route, or between places, according to a schedule that is publicly advertised or ascertainable by a member of the public;(c) the service is open to use by the general public or by a class of persons such as school children;[Section 3 Amended by No. 95 of 1999, s. 4, Applied:26 Jun 2000] 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;[Section 3 Amended by No. 31 of 2002, s. 4, Applied:14 Nov 2002] small passenger vehicle means a motor vehicle with a seating capacity of less than 13 adults, including the driver;[Section 3 Amended by No. 97 of 1999, Sched. 1, Applied:26 Jun 2000][Section 3 Amended by No. 95 of 1999, s. 4, Applied:26 Jun 2000] status, in relation to accreditation, means the status of the accreditation in terms of whether it is probationary or suspended;[Section 3 Amended by No. 31 of 2008, Sched. 1, Applied:24 Sep 2008][Section 3 Amended by No. 31 of 2008, Sched. 1, Applied:24 Sep 2008] taxi has the same meaning as in the Taxi and Luxury Hire Car Industries Act 2008 ;[Section 3 Amended by No. 31 of 2008, Sched. 1, Applied:24 Sep 2008] taxi licence means a licence in force under Part 3 of the Taxi and Luxury Hire Car Industries Act 2008 ;[Section 3 Amended by No. 31 of 2008, Sched. 1, Applied:24 Sep 2008] taxi licence number plate means a licence number plate issued in respect of a taxi licence.
4. Act does not limit operation of other Acts
[Section 4 Amended by No. 97 of 1999, Sched. 1, Applied:26 Jun 2000] [Section 4 Amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] [Section 4 Amended by No. 31 of 2008, Sched. 1, Applied:24 Sep 2008] Nothing in this Act limits the application of the Taxi and Luxury Hire Car Industries Act 2008 , the Traffic Act 1925 or the Vehicle and Traffic Act 1999 to any vehicle or person.
[Section 4A Inserted by No. 31 of 2002, s. 5, Applied:14 Nov 2002] This Act does not apply to an ambulance, or ambulance service, within the meaning of the Ambulance Service Act 1982 .
This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.
6. Ordinary passenger use does not constitute use of vehicle for purpose of offences
[Section 6 Amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] A person is not guilty of an offence under this Act in relation to the use of any vehicle by reason only that the driver, registered operator or other person in charge of the vehicle has received a fare, fee or other consideration to carry the person on the vehicle as a passenger.
PART 2 - Passenger vehicles
7. Registration of public passenger vehicles
(1) [Section 7 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] On registering or renewing or transferring the registration of a motor vehicle under the Vehicle and Traffic Act 1999 , the Registrar must register it as a public passenger vehicle if –(a) the vehicle is a large passenger vehicle; or(b) the vehicle is a small passenger vehicle and the Registrar is satisfied that it will be hired out for reward, together with a driver.(2) [Section 7 Subsection (2) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] The Registrar may register a motor vehicle as a public passenger vehicle at any other time on the Registrar's own initiative or on the application of its registered operator if the Registrar is satisfied that the vehicle would have to be so registered in the circumstances referred to in subsection (1) .
8. Public passenger vehicle exemptions
(1) Notwithstanding section 7(1) , the Registrar may at any time exempt a large passenger vehicle from the requirement to be registered as a public passenger vehicle if –(a) the Registrar is satisfied that the vehicle is to be used only for prescribed private purposes by prescribed persons; or(b) the vehicle is registered as a hire and drive vehicle and the Registrar is satisfied that it will not be hired out for reward, together with a driver.(2) [Section 8 Subsection (2) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] The exemption may be granted on the Registrar's own initiative or on the application of the vehicle's registered operator.
9. Small passenger vehicle exemptions
[Section 9 Repealed by No. 97 of 1999, Sched. 1, Applied:26 Jun 2000] [Section 9 Inserted by No. 19 of 2007, s. 4, Applied:01 Aug 2007] Notwithstanding section 7(1) , the regulations may provide that a small passenger vehicle is exempted from the requirement to be registered as a public passenger vehicle until the date specified in the regulations if the small passenger vehicle is used for the purpose specified in the regulations.
10. Notice of registration or exemption
[Section 10 Amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] If a vehicle is registered as a public passenger vehicle or exempted from the requirement to be so registered, the Registrar must, as soon as practicable, give its registered operator notice –(a) that it has been so registered or exempted; and(b) [Section 10 Amended by No. 97 of 1999, Sched. 1, Applied:26 Jun 2000] . . . . . . . .
11. Use of public passenger vehicles
(1) [Section 11 Subsection (1) amended by No. 97 of 1999, Sched. 1, Applied:26 Jun 2000] A small passenger vehicle that is registered as a public passenger vehicle may be –(a) [Section 11 Subsection (1) amended by No. 97 of 1999, Sched. 1, Applied:26 Jun 2000] hired out, together with a driver, for the purpose of carrying passengers for reward on limited passenger services; and(b) used for private purposes.(2) [Section 11 Subsection (2) amended by No. 97 of 1999, Sched. 1, Applied:26 Jun 2000] A large passenger vehicle that is registered as a public passenger vehicle may be –(a) [Section 11 Subsection (2) amended by No. 97 of 1999, Sched. 1, Applied:26 Jun 2000] hired out, together with a driver, for the purpose of carrying passengers for reward; and(b) [Section 11 Subsection (2) amended by No. 97 of 1999, Sched. 1, Applied:26 Jun 2000] used for private purposes; and(c) [Section 11 Subsection (2) amended by No. 97 of 1999, Sched. 1, Applied:26 Jun 2000] used for prescribed purposes.(3) Nothing in subsection (1) or (2) authorises a public passenger vehicle to be used –(a) [Section 11 Subsection (3) amended by No. 97 of 1999, Sched. 1, Applied:26 Jun 2000] [Section 11 Subsection (3) amended by No. 31 of 2008, Sched. 1, Applied:24 Sep 2008] as a taxi if it is not also operated under the authority of a taxi licence in accordance with the Taxi and Luxury Hire Car Industries Act 2008 ; or(ab) [Section 11 Subsection (3) amended by No. 97 of 1999, Sched. 1, Applied:26 Jun 2000] [Section 11 Subsection (3) amended by No. 31 of 2008, Sched. 1, Applied:24 Sep 2008] as a luxury hire car if it is not also operated under the authority of a luxury hire car licence in accordance with the Taxi and Luxury Hire Car Industries Act 2008 ; or(b) on a regular passenger transport service if that service is not authorised by the Commission.
12. Revocation of public passenger vehicle status
(1) The Registrar may at any time determine that a small passenger vehicle that is registered as a public passenger vehicle does not have to remain so registered if the Registrar is satisfied that the vehicle is no longer being hired out for reward, together with a driver.(2) [Section 12 Subsection (2) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] The determination may be made on the Registrar's own initiative or on the application of the vehicle's registered operator.(3) On making the determination the Registrar must, as soon as practicable –(a) [Section 12 Subsection (3) amended by No. 97 of 1999, Sched. 1, Applied:26 Jun 2000] change the status of the vehicle's registration so that it is no longer registered as a public passenger vehicle; and(b) [Section 12 Subsection (3) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] give notice of the determination and the change of registration to the vehicle's registered operator.
13. Revocation of public passenger vehicle exemptions
(1) The Registrar may at any time revoke an exemption granted under section 8 if the Registrar is satisfied on reasonable grounds that the exemption is no longer warranted or required.(2) [Section 13 Subsection (2) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] Subject to subsection (3) , an exemption may be revoked on the Registrar's own initiative or at the request of the vehicle's registered operator.(3) [Section 13 Subsection (3) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] The Registrar must not revoke an exemption on the Registrar's own initiative without first giving the registered operator a reasonable opportunity to be heard.(4) On revoking an exemption, the Registrar must, as soon as practicable –(a) register the vehicle as a public passenger vehicle; and(b) [Section 13 Subsection (4) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] give notice of the revocation and the registration to the vehicle's registered operator.
14. Large passenger vehicle offences
(1) In this section,exempt vehicle means a large passenger vehicle that has been exempted by the Registrar from the requirement to be registered as a public passenger vehicle.(2) A person must not, without lawful excuse, drive or use a large passenger vehicle on a public street, or cause or allow a large passenger vehicle to be driven or used on a public street, unless that vehicle is –(a) registered as a public passenger vehicle; or(b) an exempt vehicle.Penalty: [Section 14 Subsection (2) amended by No. 95 of 1999, s. 5, Applied:26 Jun 2000] 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.(3) A person must not, without lawful excuse, drive or use an exempt vehicle on a public street for reward or cause or allow an exempt vehicle to be driven or used on a public street for reward.Penalty: [Section 14 Subsection (3) amended by No. 95 of 1999, s. 5, Applied:26 Jun 2000] 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.
15. Small passenger vehicle offences
(1) A person must not, without lawful excuse, drive or use a small passenger vehicle on a public street for the purpose of carrying passengers for reward, or cause or allow a small passenger vehicle to be driven or used on a public street for that purpose, unless that vehicle is registered as a public passenger vehicle.Penalty: [Section 15 Subsection (1) amended by No. 95 of 1999, s. 6, Applied:26 Jun 2000] 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.(1A) [Section 15 Subsection (1A) inserted by No. 97 of 1999, Sched. 1, Applied:26 Jun 2000] [Section 15 Subsection (1A) substituted by No. 19 of 2007, s. 5, Applied:01 Aug 2007] Without limiting the matters that may constitute a lawful excuse under subsection (1) , either of the following is taken to be a lawful excuse under that subsection:(a) the driving and use of a small passenger vehicle as a hire and drive vehicle;(b) the driving and use of a small passenger vehicle that has been exempted under section 9 from the requirement to be registered as a public passenger vehicle.(2) [Section 15 Subsection (2) amended by No. 97 of 1999, Sched. 1, Applied:26 Jun 2000] A person must not, without lawful excuse, drive or use a small passenger vehicle on a public street for reward or cause or allow a small passenger vehicle to be driven or used on a public street for reward, other than to provide a limited passenger service.Penalty: Fine not exceeding 20 penalty units.(3) [Section 15 Subsection (3) inserted by No. 19 of 2007, s. 5, Applied:01 Aug 2007] Without limiting the matters that may constitute a lawful excuse under subsection (2) , the driving and use of a small passenger vehicle that has been exempted under section 9 from the requirement to be registered as a public passenger vehicle is taken to be a lawful excuse under that subsection.
15A. Using taxis for limited passenger services
[Section 15A Inserted by No. 95 of 1999, s. 7, Applied:26 Jun 2000](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) [Section 15A Subsection (1) amended by No. 31 of 2002, s. 6, Applied:14 Nov 2002] [Section 15A Subsection (1) amended by No. 31 of 2008, Sched. 1, Applied:24 Sep 2008] the vehicle's taxi-meter has been rendered inoperative and covered over; and(c) [Section 15A Subsection (1) amended by No. 31 of 2002, s. 6, Applied:14 Nov 2002] [Section 15A Subsection (1) amended by No. 31 of 2008, Sched. 1, Applied:24 Sep 2008] if the vehicle has a taxi licence number plate affixed, the taxi licence number plate is covered.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.
16. Using vehicles that are not taxis as taxis
(1) [Section 16 Subsection (1) substituted by No. 31 of 2008, Sched. 1, Applied:24 Sep 2008] In this section –taxi zone has the same meaning as in the Taxi and Luxury Hire Car Industries Act 2008 .(2) [Section 16 Subsection (2) amended by No. 31 of 2008, Sched. 1, Applied:24 Sep 2008] [Section 16 Subsection (2) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] The driver, registered operator or other person in charge of a vehicle that is not a taxi must not do, or cause or allow another person to do, any of the following acts except in accordance with the prior written permission of the Commission:(a) [Section 16 Subsection (2) amended by No. 31 of 2008, Sched. 1, Applied:24 Sep 2008] stand or park that vehicle in a taxi zone;(b) describe, by whatever means, that vehicle as a taxi, taxi-cab or cab;(c) describe, by whatever means, any service for which that vehicle is used as a taxi service, taxi-cab service or cab service;(d) stand or park the vehicle in a public street for the purpose of soliciting trade for that vehicle.Penalty: Fine not exceeding 20 penalty units.(3) [Section 16 Subsection (3) inserted by No. 31 of 2008, Sched. 1, Applied:24 Sep 2008] Without limiting the matters that may constitute describing a vehicle as a taxi, taxi-cab or cab, the following may be taken as describing a vehicle as a taxi, taxi-cab or cab:(a) the fitting of a top-light sign bearing the word "taxi", "cab" or similar;(b) the fitting of a taximeter in the vehicle;(c) the display of the words "taxi", "cab" or similar on the exterior of the vehicle.(4) [Section 16 Subsection (4) inserted by No. 31 of 2008, Sched. 1, Applied:24 Sep 2008] It is a defence in proceedings under subsection (2)(b) for the defendant to show that the vehicle was approved for use as a taxi but was not operating as a taxi under the authority of a taxi licence at that time.
PART 2A - Accreditation
Division 1 - Accreditation policy[Division 1 Inserted by No. 95 of 1999, s. 8, Applied:26 Jun 2000]
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.
(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.
(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[Division 2 Inserted by No. 95 of 1999, s. 8, Applied:26 Jun 2000]
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) [Section 16D Subsection (5) amended by No. 31 of 2002, s. 7, Applied:14 Nov 2002] taxi service;(h) [Section 16D Subsection (5) amended by No. 31 of 2002, s. 7, Applied:14 Nov 2002] limited passenger service;(i) [Section 16D Subsection (5) amended by No. 31 of 2002, s. 7, Applied:14 Nov 2002] prescribed transport service.
(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.
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.
(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 touphold 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) [Section 16H Subsection (2) amended by No. 58 of 2011, s. 4, Applied:27 Jun 2000] Except as provided by this Part, accreditation is ongoing unless it is 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) [Section 16I Subsection (1) amended by No. 58 of 2011, s. 5, Applied:27 Jun 2000] . . . . . . . .(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.
(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) [Section 16J Subsection (4) amended by No. 31 of 2002, s. 8, Applied:14 Nov 2002] 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 Commission or a delegate of the Commission, is admissible as evidence of the contents of the register in relation to that matter at that date.
Division 3 - Nature of accreditation[Division 3 Inserted by No. 95 of 1999, s. 8, Applied:26 Jun 2000]
16K. Accreditation is not transferable
Accreditation is not transferable.[Section 16L Repealed by No. 58 of 2011, s. 6, Applied:27 Jun 2000] . . . . . . . . [Section 16M Repealed by No. 58 of 2011, s. 6, Applied:27 Jun 2000] . . . . . . . .
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[Division 4 Inserted by No. 95 of 1999, s. 8, Applied:26 Jun 2000]
16P. Suspension and cancellation
(1) [Section 16P Subsection (1) substituted by No. 31 of 2002, s. 9, Applied:14 Nov 2002] The Commission may impose probationary status on a person's accreditation, suspend the accreditation for a period not exceeding 6 months or cancel the accreditation, if –(a) the person or, if applicable, the person's responsible officer has been found guilty of a disqualifying offence; or(b) the Commission is satisfied on reasonable grounds that –(i) the person, being required to have a responsible officer for the purposes of the accreditation, no longer has such an officer; or(ii) the person is not a fit and proper person to hold the accreditation or, if applicable, the person's responsible officer is not a fit and proper person to be such an officer; or(iii) the person or, if applicable, the person's responsible officer has failed to comply with the conditions of the accreditation; or(iv) the continued provision of the accredited service poses a risk to public safety; or(v) in the case of public passenger service accreditation, the person has provided a category of service not authorised under the accreditation; or(vi) in the case of probation, the Commission has grounds under another provision of this Act for imposing that status on 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.(2A) [Section 16P Subsection (2A) inserted by No. 31 of 2002, s. 9, Applied:14 Nov 2002] Accreditation remains valid while it has probationary status but the Commission, in its absolute discretion, may impose restrictions on the accreditation by varying or adding to its conditions.(3) [Section 16P Subsection (3) amended by No. 58 of 2011, s. 7, Applied:27 Jun 2000] Accreditation is not valid while it is suspended.(4) [Section 16P Subsection (4) amended by No. 31 of 2002, s. 9, Applied:14 Nov 2002] The Commission must record particulars of the cancellation, suspension or imposition of probationary status in the Accreditation Register.(5) [Section 16P Subsection (5) substituted by No. 31 of 2002, s. 9, Applied:14 Nov 2002] The Commission may at any time revoke the imposition of probationary status on an accreditation if it is satisfied that the status is no longer merited and, on the revocation, may remove or ameliorate any restrictions imposed on the accreditation under subsection (2A) .(5A) [Section 16P Subsection (5A) inserted by No. 31 of 2002, s. 9, Applied:14 Nov 2002] The Commission may at any time revoke the suspension of an accreditation if it is satisfied that the suspension is no longer merited.(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.
[Section 16R Repealed by No. 31 of 2002, s. 10, Applied:14 Nov 2002] . . . . . . . .(1) [Section 16Q Subsection (1) amended by No. 58 of 2011, s. 8, Applied:27 Jun 2000] The Commission may, at any 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.
(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[Division 5 Inserted by No. 95 of 1999, s. 8, Applied:26 Jun 2000]
16V. Exemptions from accreditation
(1) [Section 16V Subsection (1) amended by No. 19 of 2007, s. 6, Applied:01 Aug 2007] The Commission may exempt, by notice published in the Gazette, a person or class of persons 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.
PART 3 - Passenger transport services
17. Determination of core passenger services
(1) The Commission may determine –(a) which regular passenger transport services need to be provided in the State in order to meet the essential travel needs of the community; and(b) the requirements of each of those regular passenger transport services.(2) For the purposes of subsection (1)(a) , the Commission may determine that a regular passenger transport service needs to be provided for the general public or a class of persons –(a) within a particular area; or(b) along a particular route; or(c) between 2 or more places; or(d) within a particular corridor of land; or(e) in such other circumstances as may be prescribed.(3) Any such regular passenger transport service is taken to be a core passenger service for the purposes of this Act.
18. Commission must act to ensure core passenger services are provided
[Section 19 Repealed by No. 95 of 1999, s. 10, Applied:26 Jun 2000] . . . . . . . .(1) [Section 18 Subsection (1) amended by No. 95 of 1999, s. 9, Applied:26 Jun 2000] If the whole or any part of a core passenger service is not being provided, the Commission may call for tenders to provide –(a) the whole or any part of the service; or(b) the whole or any part of the unprovided part of the service.(2) The Commission may then enter into a contract with the successful tenderer or tenderers to provide the service or, if applicable, partial service.(3) If no suitable tenders are received, the Commission may enter into a contract with any other person or persons to provide the service or, if applicable, partial service on such conditions as the Commission and the person or persons agree.(4) A contract under subsection (2) or (3) –(a) may confer on a person an exclusive right to provide the whole or any part of the service; and(b) may provide for the payment of a public subsidy to a person for providing the whole or any part of the service; and(c) must include conditions relating to any prescribed matters.
20. Applications to provide regular passenger transport services
(1) A person may at any time apply to the Commission to provide a regular passenger transport service.(2) [Section 20 Subsection (2) amended by No. 31 of 2002, s. 11, Applied:14 Nov 2002] The Commission must approve the application if it is satisfied that the proposed service is unlikely to adversely affect the commercial viability of a core passenger service that is already being provided under government contract.(3) Even if the Commission is not required to approve the application by virtue of subsection (2) , it may nevertheless approve the application if satisfied that –(a) the service would be in the public interest; and(b) [Section 20 Subsection (3) amended by No. 95 of 1999, s. 11, Applied:26 Jun 2000] [Section 20 Subsection (3) amended by No. 31 of 2002, s. 11, Applied:14 Nov 2002] the interests of persons who are already providing core passenger services under government contract and who may be adversely affected by the approval are capable of being, and will be, addressed contractually.(4) The Commission, as soon as practicable after considering the application –(a) must give the applicant notice whether the application has been approved or refused; and(b) may give notice of the approval or refusal of the application to any interested person.(5) [Section 20 Subsection (5) inserted by No. 31 of 2002, s. 11, Applied:14 Nov 2002] In this section,government contract means a contract entered into with the Commission, the Minister or another agent of the Crown.
21. Record of regular passenger transport service
(1) For the purposes of this Part, the Commission must keep a record of authorised regular passenger transport services.(2) The Commission must authorise regular passenger transport services in the following circumstances:(a) on entering into a contract with a person under section 18 to provide the whole or a part of a core passenger service;(b) on approving an application made by a person under section 20 to provide a regular passenger transport service.(3) The Commission must, as soon as practicable after authorising a regular passenger transport service, give the person notice of the authorisation.(4) A person must not operate a regular passenger transport service, or cause or allow another person to operate a regular passenger transport service, unless that service is authorised by the Commission.Penalty: [Section 21 Subsection (4) amended by No. 95 of 1999, s. 12, Applied:26 Jun 2000] 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.
PART 4 - Miscellaneous
22. Offences by bodies corporate
(1) If a body corporate commits an offence against this Act, each person concerned in the management of that body corporate is taken also to have committed the offence and may be convicted of the offence unless the person proves that the act or omission constituting the offence took place without that person’s knowledge or consent.(2) A person referred to in subsection (1) may be convicted of an offence against this Act whether or not the body corporate is charged with or convicted of the offence.
23. Administration and enforcement
This Act is to be administered by the same persons and in the same manner as section 9 of the Traffic Act 1925 provides for that Act to be administered, and that section of that Act applies to the administration of this Act in all respects as if a reference in that section to the Traffic Act 1925 were a reference to this Act.
[Section 25 Repealed by No. 97 of 1999, Sched. 1, Applied:26 Jun 2000] . . . . . . . .(1) The Governor may make regulations for the purposes of this Act.(2) Without limiting the generality of subsection (1) , the regulations may provide for all or any of the following:(a) [Section 24 Subsection (2) amended by No. 95 of 1999, s. 13, Applied:26 Jun 2000] [Section 24 Subsection (2) amended by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002] the review of decisions made by the Commission and the Registrar under this Act;(b) the procedure for making applications in relation to any matter, and the fees, if any, payable for those applications;(c) [Section 24 Subsection (2) amended by No. 95 of 1999, s. 13, Applied:26 Jun 2000] [Section 24 Subsection (2) amended by No. 97 of 1999, Sched. 1, Applied:26 Jun 2000] the issue of distinctive items of identification (such as cards, certificates, registration forms, labels, identification plates and number-plates) in relation to persons required to be accredited under Part 2A , public passenger vehicles and the fees, if any, payable for those items;(d) the obligations of persons in relation to the items of identification referred to in paragraph (c) ;(e) the conduct, obligations and rights of drivers and operators of public passenger vehicles;(f) the carriage of persons as passengers in public passenger vehicles and the conduct, obligations and rights of persons as passengers of public passenger vehicles;(g) [Section 24 Subsection (2) amended by No. 22 of 2001, s. 8, Applied:01 Nov 2001] standards and requirements, additional to the standards and requirements of the Traffic Act 1925 or Vehicle and Traffic Act 1999 , of public passenger vehicles and their equipment and fittings;(h) [Section 24 Subsection (2) amended by No. 97 of 1999, Sched. 1, Applied:26 Jun 2000] the granting by the Commission of permits that allow motor vehicles to operate as public passenger vehicles without being registered as such, in special circumstances;(i) [Section 24 Subsection (2) amended by No. 31 of 2002, s. 12, Applied:14 Nov 2002] the review, regulation and control of regular passenger transport services generally;(j) the keeping of the regular passenger transport service record, the obligations of authorised persons and the suspension, cancellation and renewal of authorisation;(k) [Section 24 Subsection (2) amended by No. 97 of 1999, Sched. 1, Applied:26 Jun 2000] the regulation and control of the use of public passenger vehicles generally;(l) [Section 24 Subsection (2) amended by No. 95 of 1999, s. 13, Applied:26 Jun 2000] any matters that may be necessary or expedient for the purposes of the scheme of accreditation under Part 2A ;(m) [Section 24 Subsection (2) amended by No. 31 of 2002, s. 12, Applied:14 Nov 2002] the regulation, control and termination of regular passenger service contracts;(n) [Section 24 Subsection (2) amended by No. 31 of 2002, s. 12, Applied:14 Nov 2002] the conditions of regular passenger transport contracts, including the prescription of conditions providing for their termination and other matters that are to be taken to be contained in such contracts;(o) [Section 24 Subsection (2) amended by No. 31 of 2002, s. 12, Applied:14 Nov 2002] the payment of compensation to persons who may be disadvantaged or otherwise affected by this Act or actions taken pursuant to this Act, and the arbitration and resolution of disputes concerning such compensation;(p) [Section 24 Subsection (2) amended by No. 31 of 2002, s. 12, Applied:14 Nov 2002] the service of documents.(3) The regulations may –(a) be of limited or general application; and(b) be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations; and(c) authorise any matter to be determined, applied or regulated by the Commission.(4) The regulations may –(a) provide that a contravention of, or a failure to comply with, any of the regulations is an offence; and(b) in respect of any such offence, provide for the imposition of a fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.(5) The regulations may contain provisions of a savings and transitional nature consequent on the enactment of this Act.(6) A provision referred to in subsection (5) may take effect on the day on which this Act commences or a later day.(7) [Section 24 Subsection (7) inserted by No. 95 of 1999, s. 13, Applied:26 Jun 2000] [Section 24 Subsection (7) omitted by No. 31 of 2002, s. 12, Applied:14 Nov 2002] . . . . . . . .
25A. Brochured tour guidelines and approvals
[Section 25A Inserted by No. 95 of 1999, s. 14, Applied:26 Jun 2000](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.
26. Part III of Traffic Act 1925 repealed
Part III of the Traffic Act 1925 is repealed.
Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 –(a) the administration of this Act is assigned to the Minister for Transport; and(b) the Department responsible to the Minister for Transport in relation to the administration of this Act is the Department of Transport.
SCHEDULE 1[Schedule 1 Repealed by No. 97 of 1999, Sched. 1, Applied:26 Jun 2000]
SCHEDULE 2 - Limited passenger services
1. The following passenger services are taken to be limited passenger services for the purposes of this Act:(a) the hiring out of a classic or vintage car, or a custom car such as a "hot-rod", for weddings or other special occasions, together with a driver;(ab) [Schedule 2 Amended by No. 95 of 1999, s. 15, Applied:26 Jun 2000] [Schedule 2 Amended by No. 31 of 2008, Sched. 1, Applied:24 Sep 2008] the hiring out, for weddings or funerals, of a small passenger vehicle that, apart from any consideration of age, would be classified as a luxury hire car for the purposes of the Taxi and Luxury Hire Car Industries Act 2008 ;(b) the hiring out of a motor cycle for irregular tours or general hire, together with a driver;(c) the hiring out of a bus for irregular tours or general hire, together with a driver;(d) [Schedule 2 Amended by No. 95 of 1999, s. 15, Applied:26 Jun 2000] 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;(e) the use of a small passenger vehicle on regular passenger transport services;(f) the hiring out of a 4 wheel drive vehicle for irregular tours, together with a driver;(g) the hiring out of a vehicle that is fitted with a wheelchair lift for general hire by persons with disabilities, together with a driver;(h) such other passenger services as may be prescribed to be limited passenger services.