On-Demand Passenger Transport Services Industry (Miscellaneous Amendments) Act 2020


Tasmanian Crest
On-Demand Passenger Transport Services Industry (Miscellaneous Amendments) Act 2020

An Act to amend the Economic Regulator Act 2009 , the Passenger Transport Services Act 2011 and the Taxi and Hire Vehicle Industries Act 2008

[Royal Assent 17 November 2020]

Be it enacted by Her 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

1.   Short title

This Act may be cited as the On-Demand Passenger Transport Services Industry (Miscellaneous Amendments) Act 2020 .

2.   Commencement

The provisions of this Act commence on a day or days to be proclaimed.
PART 2 - Economic Regulator Act 2009 Amended

3.   

The amendments effected by this Part have been incorporated into the authorised version of the Economic Regulator Act 2009 .

4.   

The amendments effected by this Part have been incorporated into the authorised version of the Economic Regulator Act 2009 .
PART 3 - Passenger Transport Services Act 2011 Amended

5.   Principal Act

In this Part, the Passenger Transport Services Act 2011 is referred to as the Principal Act.

6.   

The amendments effected by this section have been incorporated into the authorised version of the Passenger Transport Services Act 2011 .

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7.    Section 8A inserted

After section 8 of the Principal Act , the following section is inserted in Part 1:

8A.   Meaning of booking service provider

(1)  For the purposes of this Act, a person is a booking service provider if the person carries on the business of –
(a) receiving requests for persons to be transported for financial consideration by a small passenger vehicle (other than a luxury hire car, or a restricted hire vehicle, each within the meaning of the Taxi and Hire Vehicle Industries Act 2008 ) that is being operated as part of a passenger transport service; and
(b) arranging or facilitating the acceptance of those requests by or on behalf of drivers of small passenger vehicles.
(2)  In determining whether a person (the service provider) is a booking service provider, it does not matter –
(a) whether or not the transport of a person by a small passenger vehicle is provided by a driver as an agent, bailee or employee of the service provider; or
(b) whether the agreement or arrangement in accordance with which the transport of a person by a small passenger vehicle is provided is between –
(i) the driver and passenger; or
(ii) the service provider and either the driver or passenger; or
(iii) any other persons; or
(c) whether the fare or other consideration for the transport of a person by a small passenger vehicle is paid to the driver by –
(i) the service provider; or
(ii) the passenger; or
(iii) any other person; or
(d) whether or not an act referred to in subsection (1)(a) or (b) involves the use of a wholly or partly automated electronic system, including ride-sourcing software; or
(e) whether or not the service provider is located outside the State; or
(f) whether or not the service provider also receives requests for persons to be carried as passengers outside the State.
(3)  A person who owns, operates or controls a wholly or partly automated electronic system, which may include ride-sourcing software, that performs the acts referred to in subsection (1)(a) or (b) is taken to be a booking service provider.
(4)  A person prescribed for the purposes of this subsection is taken to be a booking service provider.
(5)  A person prescribed for the purposes of this subsection is taken to not be a booking service provider, despite anything to the contrary in the other provisions of this section.

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8.    Section 10 amended (Operator of passenger transport service must be accredited)

Section 10 of the Principal Act is amended as follows:
(a) by renumbering the text of the section as subsection (1);
(b) by inserting in subsection (1) "and that accreditation is not suspended" after "that service";
(c) by inserting the following subsection after subsection (1) :
(2)  Subsection (1) does not apply in relation to the operation, for the purposes of a passenger transport service, by a ride-sourcing driver of a ride-sourcing vehicle under an arrangement with a booking service provider.

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9.    Section 11 amended (What is a passenger transport service operator?)

Section 11(1) of the Principal Act is amended as follows:
(a) by omitting from paragraph (b)(ii) "concern." and substituting "concern; or";
(b) by inserting the following paragraph after paragraph (b) :
(c) the person is a booking service provider.

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10.    Section 21 amended (Approval of application for accreditation)

Section 21(3) of the Principal Act is amended as follows:
(a) by omitting from paragraph (d) "service." and substituting "service;";
(b) by inserting the following paragraph after paragraph (d) :
(e) that the accredited operator develop and maintain a system for managing risks to safety and security relating to the performance of the service.

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11.    Section 23 amended (Accreditation Register)

Section 23 of the Principal Act is amended by inserting after subsection (4) the following subsections:
(5)  If there are reasonable grounds for believing that the information kept in the Accreditation Register is inaccurate, misleading or incomplete, the Commission may, by written notice to an accredited operator, or, if there is a relevant responsible person in relation to an accredited operator, to the relevant responsible person, require the accredited operator or relevant responsible person, respectively, to do one or more of the following:
(a) to provide information that the Commission considers necessary to correct or complete the relevant entry in the Accreditation Register;
(b) to provide, in a form specified by the Commission in the notice, evidence of the correctness of the information provided under paragraph (a) ;
(c) to provide, for inspection by the Commission, documents specified in the notice;
(d) to attend, at a time and place specified in the notice, for identification.
(6)  If a natural person is required by a notice under subsection (5) to attend for identification, the Commission may, at the request of the person, change the time or place, or both, specified in the notice as the time or place at which the person is to attend and if the Commission makes such a change, the notice is taken to have been amended so as to reflect that change.
(7)  An accredited operator or a relevant responsible person must comply with a requirement specified in a notice given to the operator or person under subsection (5) .
Penalty:  Fine not exceeding –
(a) 50 penalty units for a body corporate or body politic; or
(b) 25 penalty units for an individual.

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12.    Section 24 substituted

Section 24 of the Principal Act is repealed and the following sections are substituted:

24.   Continuity fees

(1)  An accredited operator must, by the day specified by the Commission, in a notice to the accredited operator, as the day by which the fees are to be paid, pay the prescribed continuity fees, if any.
(2)  If an accredited operator fails to pay under subsection (1) a continuity fee by the day specified, in the notice under that subsection to the accredited operator, as the day by which the fee is to be paid –
(a) the Commission, by notice to the accredited operator, may demand that the accredited operator pay the continuity fee by a day specified in the notice under this paragraph; and
(b) the accreditation of the accredited operator –
(i) is suspended at the end of the day specified in the notice under paragraph (a) if, at that time, the continuity fee remains unpaid; and
(ii) remains so suspended until the continuity fee is paid by the accredited operator.

24A.   Annual fees

(1)  An accredited operator who is accredited in respect of an on-demand passenger transport service must, by the day specified by the Commission in a notice to the accredited operator as the day by which the annual fee is to be paid, pay the prescribed annual fee, if any, in respect of each small passenger vehicle used to provide the on-demand passenger transport service.
(2)  If an accredited operator fails to pay under subsection (1) an annual fee by the day specified, in a notice to the accredited operator under that subsection, as the day by which the fee is to be paid –
(a) the Commission, by notice to the accredited operator, may demand that the accredited operator pay the annual fee by a day specified in the notice under this paragraph; and
(b) the accreditation of the accredited operator –
(i) is suspended at the end of the day specified in the notice under paragraph (a) if, at that time, the annual fee remains unpaid; and
(ii) remains so suspended until the annual fee is paid by the accredited operator.
(3)  Regulations that prescribe the annual fee payable may specify the manner in which the number of small passenger vehicles to which the annual fee is to relate is to be determined.
(4)  Despite subsection (1) , an accredited operator who is an affiliated operator in relation to a booking service provider is not required to pay an annual fee under that subsection.
(5)  If the accreditation of a booking service provider is suspended or cancelled and the booking service provider has not paid the annual fee by the day specified, in a notice under this section, as the day on which the annual fee is due to be paid by the provider –
(a) the Commission, by notice, may demand that a person who is an affiliated operator in relation to the booking service provider pay, by the day specified in the notice under this paragraph, the annual fee that would, but for subsection (4) , be payable by the person under subsection (1) in respect of each small passenger vehicle used by the person to provide an on-demand passenger transport service; and
(b) the accreditation of the person who is an affiliated operator –
(i) is suspended at the end of the day specified in the notice under paragraph (a) if, at that time, the annual fee remains unpaid; and
(ii) the accreditation remains so suspended until the annual fee is paid by the affiliated operator.
(6)  If –
(a) an accredited operator who is an affiliated operator in relation to a booking service provider pays an annual fee in accordance with subsection (5) ; and
(b) the booking service provider pays the annual fee that the provider is required to pay under subsection (2)  –
the Commission may refund to the affiliated operator so much of the annual fee paid by the affiliated operator as has been paid by the booking service provider.

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13.    Section 31 amended (Cancellation and suspension, &c., of accreditation)

Section 31 of the Principal Act is amended as follows:
(a) by inserting the following subparagraph after subparagraph (vi) in subsection (1)(a) :
(via) the accredited operator, or the relevant responsible person, has failed to comply with an improvement notice issued to the accredited operator or relevant responsible person, respectively; or
(b) by inserting in subsection (3) ", except where the cancellation or suspension relates to a failure to pay prescribed fees," after "Commission is";
(c) by omitting from subsection (5) "continuity fees, if any" and substituting "any fees imposed under this Act".

]

14.   

The amendments effected by this section have been incorporated into the authorised version of the Passenger Transport Services Act 2011 .

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15.    Part 2, Division 5 inserted

After section 33 of the Principal Act , the following Division is inserted in Part 2:
Division 5 - Booking service providers

33A.   Duty of booking service providers in relation to ride-sourcing drivers

(1)  A booking service provider who permits a ride-sourcing driver to operate a passenger transport service by means of ride-sourcing software must notify the Commission as soon as practicable after the booking service provider becomes aware that the person is operating a passenger transport service –
(a) other than by means of the ride-sourcing software, a taxi, a luxury hire vehicle or a restricted hire vehicle; and
(b) without being accredited to operate a passenger transport service.
Penalty:  Fine not exceeding –
(a) 50 penalty units for a body corporate or body politic; or
(b) 25 penalty units for an individual.
(2)  The Commission may, by notice to a booking service provider who permits a ride-sourcing driver to operate a passenger transport service by means of ride-sourcing software, require the booking service provider to cease to permit the ride-sourcing driver to use the ride-sourcing software to operate a passenger transport service.
(3)  The Commission may only issue a notice under subsection (2) in relation to a ride-sourcing driver if the Commission believes, on reasonable grounds, that the driver has been operating a passenger transport service –
(a) other than by means of the ride-sourcing software, a taxi, a luxury hire vehicle or a restricted hire vehicle; and
(b) without being accredited to operate a passenger transport service.
(4)  A person to whom a notice is issued under subsection (2) must not fail to comply with a requirement of the notice.
Penalty:  Fine not exceeding –
(a) 100 penalty units for a body corporate or body politic; or
(b) 50 penalty units for an individual.

33B.   Notification of Commission when vehicle first used for on-demand passenger transport service

(1)  An accredited operator who is accredited in relation to an on-demand passenger transport service must notify the Commission within 14 days after a vehicle begins to be used for the provision of the on-demand passenger transport service.
Penalty:  Fine not exceeding –
(a) 50 penalty units for a body corporate or body politic; or
(b) 25 penalty units for an individual.
(2)  Subsection (1) does not apply in relation to an accredited operator who is accredited in relation to an on-demand passenger transport service if there is a relevant responsible person in relation to the accreditation.
(3)  A relevant responsible person in relation to the accreditation of an accredited operator who is accredited in relation to an on-demand passenger transport service must notify the Commission within 14 days after a vehicle begins to be used for the provision of the on-demand passenger transport service.
Penalty:  Fine not exceeding –
(a) 50 penalty units for a body corporate or body politic; or
(b) 25 penalty units for an individual.

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16.    Part 2A inserted

Before Part 3 of the Principal Act, the following Part is inserted:
PART 2A - Safety Requirements

33C.   Interpretation of Part 2A

In this Part –
party in the chain of responsibility, for an on-demand passenger transport service, means each of the following persons:
(a) an accredited operator of the service;
(b) a relevant responsible person for an accredited operator of the service;
(c) an affiliated operator in relation to a booking service provider who is an accredited operator in relation to the service;
(d) a driver of a vehicle used for the provision of the service;
(e) a registered operator of a vehicle used in the provision of the service;
safety duty means a duty specified in section 33G , section 33H , section 33I or section 33J .

33D.   Reasonably practicable

In this Part, reasonably practicable, in relation to a safety duty of a person, is a reference to what is, or what was at a particular time, reasonably able to be done by the person in relation to ensuring safety, taking into account and weighing up all relevant matters including –
(a) the likelihood of the hazard or the risk concerned occurring; and
(b) the degree of harm that might result from the hazard or risk; and
(c) what the person knows, or ought reasonably to know, about –
(i) the hazard or risk; and
(ii) ways of eliminating or minimising the hazard or risk; and
(d) the availability and suitability of ways to eliminate or minimise the risk; and
(e) after assessing the extent of the risk and the available ways of eliminating or minimising the risk – the cost associated with the available ways of eliminating or minimising the risk, including whether the cost is grossly disproportionate to the risk.

33E.   Principles of shared responsibility

(1)  The safety of the operations of an on-demand transport service is the shared responsibility of each person who is a party in the chain of responsibility in relation to the on-demand transport service.
(2)  The level and nature of a person’s responsibility for an activity depends on –
(a) the functions that the person performs or is required to perform, whether exclusively or occasionally; and
(b) the nature of the safety risks created by the carrying out of the activity; and
(c) the person’s capacity to control, eliminate or minimise the risks.

33F.   Principles applying to safety duties

(1)  A safety duty of a person may not be transferred to another person.
(2)  A person may have more than one safety duty by virtue of being a person to whom more than one provision of this Part applies.
(3)  More than one person may concurrently have the same safety duty and each person must comply with the safety duty even if another person has the same safety duty.
(4)  If more than one person has a safety duty for the same matter, each person –
(a) retains responsibility for the person’s safety duty in relation to the matter; and
(b) must discharge the person’s safety duty to the extent to which the person –
(i) has the capacity to influence and control the matter; or
(ii) would have had that capacity but for an agreement or arrangement purporting to limit or remove that capacity.

33G.   Safety duties of accredited operators and relevant responsible persons

(1)  In this section, a reference to an accredited operator does not include a reference to an affiliated operator.
(2)  It is a safety duty of an accredited operator in relation to an on-demand passenger transport service, and of a relevant responsible person in relation to an accredited operator of an on-demand passenger transport service –
(a) to ensure, so far as is reasonably practicable, the safety of the drivers of vehicles while the drivers are providing the on-demand passenger transport service; and
(b) to ensure, so far as is reasonably practicable, the safety of other road users while vehicles are being used for the purposes of the on-demand passenger transport service; and
(c) to ensure, so far as is reasonably practicable, the safety of passengers of vehicles while the vehicles are being used to provide the on-demand passenger transport service.
(3)  Without limiting subsection (2) , an accredited operator of an on-demand passenger transport service, and a relevant responsible person in relation to an accredited operator of an on-demand passenger transport service, must –
(a) eliminate risks to safety, so far as is reasonably practicable; and
(b) if it is not reasonably practicable to eliminate risks to safety, minimise those risks so far as is reasonably practicable.
(4)  It is a safety duty of a person who is an accredited operator in relation to an on-demand passenger transport service, and of a relevant responsible person in relation to an accredited operator of an on-demand passenger transport service, to ensure that the person’s conduct does not directly or indirectly cause or encourage another person to fail to comply, in relation to the on-demand passenger transport service, with a safety duty imposed on that other person.
(5)  It is a safety duty of an accredited operator in relation to an on-demand passenger transport service, and of a relevant responsible person in relation to an accredited operator of an on-demand passenger transport service, to ensure that –
(a) the provisions of this Act, or of any other law, that relate to the safe use of a vehicle; and
(b) any safety, security and related standards approved by the Commission under section 16  –
are complied with by the accredited operator or relevant responsible person, respectively, and to ensure, to the relevant extent, that each other person involved in the provision of the on-demand passenger transport service complies with such provisions or standards.
(6)  For the purposes of subsection (5) , the relevant extent to which an accredited operator or relevant responsible person is to ensure that each other person involved in the provision of the on-demand passenger transport service complies with such provisions or standards is the extent to which the accredited operator or relevant responsible person is able to control or influence compliance with those provisions or standards by the other person.

33H.   Safety duty of affiliated operators and relevant responsible persons

(1)  It is a safety duty of an affiliated operator in relation to a booking service provider, and of a relevant responsible person in relation to an affiliated operator –
(a) to take reasonable care that the acts or omissions, of both the affiliated operator and the relevant responsible person, in the course of providing an on-demand passenger transport service, do not adversely affect the safety of other persons; and
(b) to comply, so far as the affiliated operator or relevant responsible person is reasonably able, with any reasonable instruction that is given by the booking service provider to ensure that –
(i) the provisions of this Act, or of any other law, that relate to the safe use of a vehicle; or
(ii) any safety, security and related standards approved by the Commission under section 16  –
are complied with; and
(c) to co-operate with any reasonable policy or procedure, of the booking service provider, in connection with the safe and secure provision of the on-demand passenger service.
(2)  It is a safety duty of a person who is an affiliated operator, or a relevant responsible person in relation to an affiliated operator, to ensure that the operator or person’s conduct does not directly or indirectly cause or encourage another person to fail to comply, in relation to an on-demand passenger transport service, with a safety duty imposed on that other person.

33I.   Safety duty of driver

(1)  It is a safety duty of a driver of a vehicle used to provide an on-demand passenger transport service –
(a) to take reasonable care for his or her own safety while providing the on-demand passenger transport service; and
(b) to take reasonable care that his or her own acts or omissions, while providing the on-demand passenger transport service, do not adversely affect the safety of other persons; and
(c) to comply, so far as the driver is reasonably able, with any reasonable instruction that is given by the accredited operator providing the on-demand passenger transport service to ensure that –
(i) the provisions of this Act, or of any other law, that relate to the safe use of a vehicle; or
(ii) any safety, security and related standards approved by the Commission under section 16  –
are complied with; and
(d) to co-operate with any reasonable policy or procedure, of the accredited operator providing the on-demand passenger transport service, in connection with the safe and secure provision of the on-demand passenger service.
(2)  It is a safety duty of a person who is a driver of a vehicle used to provide an on-demand passenger transport service to ensure that the person’s conduct does not directly or indirectly cause or encourage another person to fail to comply, in relation to the on-demand passenger transport service, with a safety duty imposed on that other person.

33J.   Safety duty of registered operator of vehicle

(1)  It is a safety duty of a registered operator of a vehicle used in the provision of an on-demand passenger transport service –
(a) to take reasonable care that his or her own acts or omissions in relation to the vehicle do not adversely affect the safety of other persons; and
(b) to comply, so far as the registered operator is reasonably able, with any reasonable instruction that is given by the accredited operator of the on-demand passenger transport service to ensure that –
(i) the provisions of this Act, or of any other law, that relate to the safe use of a vehicle; or
(ii) any safety, security and related standards approved by the Commission under section 16  –
are complied with; and
(c) to co-operate with any reasonable policy or procedure, of the accredited operator providing the on-demand passenger transport service, in connection with the provision of the on-demand passenger service.
(2)  It is a safety duty of each person who is a registered operator of a vehicle used to provide an on-demand passenger transport service to ensure that the person’s conduct does not directly or indirectly cause or encourage another person to fail to comply, in relation to the on-demand passenger transport service, with a safety duty imposed on that other person.

33K.   Offences

(1)  A person on whom a safety duty is imposed must not, without reasonable excuse, engage in conduct, or fail to engage in conduct, in relation to the operation of on-demand passenger transport services, if –
(a) the conduct, or failure to engage in the conduct, exposes a person to a risk of death, serious injury or serious illness; and
(b) the person is reckless as to the risk that the conduct, or failure to engage in the conduct, poses of the death, serious injury or serious illness of a person.
Penalty:  Fine not exceeding –
(a) $3 000 000 for a body corporate or body politic; or
(b) $300 000 for an individual or imprisonment for a term not exceeding 5 years, or both.
(2)  A person on whom a safety duty is imposed must not, by failing to comply with the duty, expose a person to a risk of death, serious injury or serious illness.
Penalty:  Fine not exceeding –
(a) $1 500 000 for a body corporate or body politic; or
(b) $150 000 for an individual.
(3)  A person on whom a safety duty is imposed must not fail to comply with the duty.
Penalty:  Fine not exceeding –
(a) $500 000 for a body corporate or body politic; or
(b) $50 000 for an individual.

33L.   Relationship with certain safety legislation

(1)  If a provision of this Act and a provision of the Work Health and Safety Act 2012 deal with the same matter and it is possible to comply with both provisions, a person must comply with both provisions.
(2)  However, to the extent it is not possible to comply with both provisions, a person must comply with the provision of the Work Health and Safety Act 2012 .
(3)  Evidence of a relevant contravention of this Act is admissible in any proceeding for an offence under the Work Health and Safety Act 2012 .
(4)  If an act, omission or circumstance constitutes an offence under this Act and the Work Health and Safety Act 2012 , the offender is not liable to be punished twice for the same offence.
(5)  Compliance with this Act or the regulations, or any requirement imposed under this Act or the regulations, is not, in itself, evidence that a person has complied with the Work Health and Safety Act 2012 or with a common law duty of care.

33M.   Duty to advise Commission of accidents, incidents and notifiable findings

(1)  An accredited operator must notify the Commission of –
(a) an accident or incident, of a type of accident or incident that is prescribed, in relation to the passenger transport service operated by the accredited operator; and
(b) any steps taken to prevent the recurrence of such an accident or incident.
Penalty:  Fine not exceeding –
(a) 50 penalty units for a body corporate or body politic; or
(b) 25 penalty units for an individual.
(2)  An accredited operator must notify the Commission of –
(a) a finding, made by a person or body, that –
(i) relates to an accident or incident in relation to the passenger transport service that is operated by the accredited operator; and
(ii) is of a kind of finding that is prescribed; and
(b) if the finding relates to a failure to comply with –
(i) a provision of this Act, the regulations, or another Act, that relates to the safe use of motor vehicles; or
(ii) a provision of any safety, security and related standards approved by the Commission under section 16  –
the steps taken to prevent a recurrence of the failure to comply with the provision.
Penalty:  Fine not exceeding –
(a) 50 penalty units for a body corporate or body politic; or
(b) 25 penalty units for an individual.

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17.   

The amendment effected by this section has been incorporated into the authorised version of the Passenger Transport Services Act 2011 .

18.   

The amendments effected by this section have been incorporated into the authorised version of the Passenger Transport Services Act 2011 .

19.   

The amendments effected by this section have been incorporated into the authorised version of the Passenger Transport Services Act 2011 .

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20.    Section 60AA inserted

Before section 60 of the Principal Act , the following section is inserted in Part 5:

60AA.   Administration fund

(1)  A fund is to be established consisting of the annual fees payable under this Act.
(2)  The fund is to be applied for the general administration of this Act.
(3)  The fund is to be established as an account in the Public Account.

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21.    Section 60A inserted

After section 60 of the Principal Act , the following section is inserted in Part 5:

60A.   Requirements in relation to affiliated operators

(1)  A person must, within 14 days after ceasing to be an affiliated operator, notify the Commission.
Penalty:  Fine not exceeding –
(a) 50 penalty units for a body corporate or body politic; or
(b) 25 penalty units for an individual.
(2)  The Commission, by notice to an affiliated operator or a booking service provider in relation to which there is an affiliated operator, may require the affiliated operator or booking service provider to keep records of the kind, and in the manner, that is specified in the notice.
(3)  An affiliated operator or booking service provider to which a notice is given under subsection (2) must comply with the requirements specified in the notice.
Penalty:  Fine not exceeding –
(a) 50 penalty units for a body corporate or body politic; or
(b) 25 penalty units for an individual.
(4)  The Commission may –
(a) provide to a person who is an affiliated operator in relation to a booking service provider –
(i) any information provided to the Commission, in accordance with a requirement specified in a notice given under subsection (2) , by the booking service provider; or
(ii) any other information available to the Commission in relation to the booking service provider; or
(b) provide to a booking service provider –
(i) any information provided to the Commission, in accordance with a requirement specified in a notice given under subsection (2) , by an affiliated operator in relation to the booking service provider; or
(ii) any other information available to the Commission in relation to an affiliated operator in relation to the booking provider.

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22.    Sections 61A , 61B , 61C , 61D and 61E inserted

After section 61 of the Principal Act , the following sections are inserted in Part 5:

61A.   Improvement notices

(1)  If the Commission is of the opinion that a person has contravened, is contravening, or is likely to contravene, a provision of this Act or the regulations, the Commission may –
(a) if the person is not an accredited operator – serve on the person an improvement notice in relation to the person; or
(b) if the person is an accredited operator and there is not a relevant responsible person in relation to the accredited operator – serve on the accredited operator an improvement notice in relation to the person; or
(c) if the person is an accredited operator and there is a relevant responsible person in relation to the accredited operator – serve on the relevant responsible person an improvement notice in relation to the person who is an accredited operator.
(2)  An improvement notice in relation to a person must specify –
(a) that the Commission is of the opinion that the person has contravened, is contravening, or is likely to contravene, a provision of this Act or the regulations; and
(b) the contravention, or likely contravention, to which the notice relates and the provision to which the contravention, or likely contravention, relates; and
(c) that the person on whom the improvement notice is served is required to remedy, before a date specified in the notice, the contravention or likely contravention, or the matters or activities occasioning the contravention or likely contravention; and
(d) the reason why the Commission is of the opinion referred to in paragraph (a) ; and
(e) information about the right of the person on whom it is served to have the decision to serve the notice reviewed; and
(f) that the notice is issued under this section.
(3)  An improvement notice may, but is not required to, specify the method by which the alleged contravention or likely contravention, or the matters or activities occasioning the alleged contravention or likely contravention, are to be remedied.
(4)  The date specified, in accordance with subsection (2)(c) , in an improvement notice, is to be a date that the Commission considers is reasonable having regard to the severity of any relevant risks and the nature of the contravention or likely contravention.
(5)  A person on whom an improvement notice is served under this section must comply with the notice.
Penalty:  Fine not exceeding –
(a) 100 penalty units for a body corporate or body politic; or
(b) 50 penalty units for an individual.
(6)  It is a defence to a charge of an offence against subsection (5) committed in relation to an improvement notice if the person charged establishes –
(a) that the person had a reasonable excuse for failing to comply with the improvement notice; or
(b) the alleged contravention or likely contravention, or the matters or activities occasioning the alleged contravention or likely contravention, that were specified in the notice were remedied within the period specified in the notice, but by a different method from the method specified in the notice.
(7)  The Commission may, by notice served on a person, amend or cancel an improvement notice served on a person by the Commission.
(8)  An amendment of an improvement notice –
(a) must not amend the improvement notice by referring to a contravention of a different provision from that already specified in the improvement notice; and
(b) must state the reason why the amendment is being made; and
(c) must include information about the right of the person on whom it is served to have the decision to serve the amendment reviewed.

61B.   Infringement notices

(1)  In this section –
infringement offence means an offence against this Act or the regulations that is prescribed by the regulations to be an infringement offence.
(2)  The Commission or an authorised officer may issue and serve an infringement notice on a person if the Commission, or an authorised officer, respectively, reasonably believes that the person has committed an infringement offence.
(3)  An infringement notice may not be served on an individual who has not attained the age of 16 years.
(4)  An infringement notice –
(a) is to be in accordance with section 14 of the Monetary Penalties Enforcement Act 2005 ; and
(b) is not to relate to more than 4 offences.
(5)  The regulations –
(a) may prescribe the penalty applicable to each infringement offence that is payable under an infringement notice; and
(b) may prescribe different penalties for bodies corporate and individuals.

61C.   Formal warnings

(1)  The Commission may, instead of taking proceedings against a person for a contravention of a provision of this Act, give a formal warning to the person if the Commission believes that –
(a) the person had taken reasonable steps to prevent the contravention and was unaware of the contravention; and
(b) it is appropriate for the contravention to be dealt with by way of a formal warning under this section.
(2)  A formal warning must be in writing.
(3)  A formal warning given to a person may be withdrawn by the Commission by serving on the person a notice of withdrawal within 21 days after the formal warning was given to the person.
(4)  If a formal warning in relation to a contravention has been given to a person, proceedings may not be taken by the Commission in relation to the contravention to which the warning relates unless and until the formal warning has been withdrawn.
(5)  In this section –
proceedings includes action by way of an infringement notice.

61D.   Powers of police officers and authorised officers

(1)  A police officer or an authorised officer may require a driver of a vehicle, which the police officer or authorised officer believes is being used to provide a passenger transport service, to do any one or more of the following:
(a) stop the vehicle;
(b) park the vehicle;
(c) permit the officer to inspect the vehicle;
(d) provide proof that the person holds a driver licence, or any other document, authorising the person to perform the service of the kind that the person is performing;
(e) operate in accordance with the instructions of the officer, or permit the officer to operate, any mobile phone, or electronic equipment, that is in the vehicle or in the possession of the person;
(f) answer questions related to compliance with this Act.
(2)  A person to whom a requirement is given under subsection (1) must not fail to comply with the requirement.
Penalty:  Fine not exceeding 25 penalty units.
(3)  A police officer, an authorised officer, the Commission or a person authorised under subsection (7) may enter and remain on premises –
(a) to inspect any vehicles at the premises; and
(b) to inspect any documents issued by the Commission under this Act or any documents or records required to be kept at the premises for the purposes of this Act or that may be relevant to the enforcement of this Act; and
(c) to inspect any mobile phone or electronic device kept at the premises that the police officer, authorised officer, the Commission or the person authorised under subsection (7) believes to contain information, documents or records relevant to the enforcement of this Act; and
(d) to inspect a business, related to the provision of passenger transport services, conducted at the premises.
(4)  In the course of carrying out an inspection under subsection (3) , the police officer, authorised officer, Commission or person authorised under subsection (7) may –
(a) direct a person to answer reasonable questions relating to the inspection; and
(b) make copies of, or take extracts from, documents or records referred to in subsection (3)(b) or any information, documents or records contained on a mobile phone or electronic device referred to in subsection (3)(c) .
(5)  A person must not, without reasonable excuse, fail to comply with a direction under subsection (4) of a police officer, an authorised officer, the Commission or a person authorised under subsection (7) .
Penalty:  In the case of –
(a) a first offence – a fine not exceeding 25 penalty units; and
(b) a second or subsequent offence – a fine not exceeding 50 penalty units.
(6)  A power of entry conferred by this section may only be exercised at a reasonable time and, if the premises are residential premises, if –
(a) the occupier consents; or
(b) the entry is authorised by a warrant under the Search Warrants Act 1997 .
(7)  The Commission may, by instrument in writing, authorise a person specified in the instrument, or members of a class of persons specified in the instrument, to enter all premises for the purposes of this section.

61E.   Hindering

A person must not hinder or obstruct a police officer, an authorised officer, the Commission, or a person authorised under section 61D(7) , who is performing or exercising a function or power under this Act.
Penalty:  Fine not exceeding –
(a) 100 penalty units for a body corporate or body politic; or
(b) 50 penalty units for an individual.

]

23.   

The amendment effected by this section has been incorporated into the authorised version of the Passenger Transport Services Act 2011 .

[Uncommenced

24.    Section 71 inserted

After section 70 of the Principal Act , the following section is inserted in Part 5:

71.   Transitional provisions

The transitional provisions in Schedule 2 have effect.

]

[Uncommenced

25.    Schedule 2 inserted

After Schedule 1 to the Principal Act , the following Schedule is inserted:
SCHEDULE 2 - Transitional provisions

Section 71

1.   Interpretation
In this Schedule –
amendment Act means the On-Demand Passenger Transport Services Industry (Miscellaneous Amendments) Act 2020;
amendment commencement day means the day on which section 71 commences.
2.   Existing booking service providers
(1) Until the end of the 6-month period after the amendment commencement day, section 10 does not apply in relation to a person who, immediately before that day, was operating a booking service.
(2) After the expiry of the 6-month period after the amendment commencement day, section 10 does not apply in relation to a person if –
(a) the person has applied for accreditation as a booking service provider; and
(b) the person’s application for accreditation as a booking service provider has not been refused.

]

PART 4 - Taxi and Hire Vehicle Industries Act 2008 Amended

26.   Principal Act

In this Part, the Taxi and Hire Vehicle Industries Act 2008 is referred to as the Principal Act.

27.   

The amendments effected by this section have been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008 .

[Uncommenced

28.    Section 8 repealed

Section 8 of the Principal Act is repealed.

]

29.   

The amendment effected by this section has been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008 .

[Uncommenced

30.    Section 15 amended (Transfer of ownership of perpetual taxi licence)

Section 15 of the Principal Act is amended by omitting subsection (2) .

]

31.   

The amendment effected by this section has been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008 .

[Uncommenced

32.    Section 18A inserted

After section 18 of the Principal Act , the following section is inserted in Division 2:

18A.   Suspension of perpetual taxi licence

(1)  If the Commission suspends for a period under the Passenger Transport Services Act 2011 the accreditation of the responsible operator of a perpetual taxi licence, the licence is also suspended for the same period or until another person becomes the responsible operator of the perpetual taxi licence, whichever occurs first.
(2)  A perpetual taxi licence is of no effect during any period of its suspension.
(3)  If the Commission cancels under the Passenger Transport Services Act 2011 the accreditation of the responsible operator of a perpetual taxi licence, the licence is suspended until another person becomes the responsible operator of the perpetual taxi licence.
(4)  The owner of a perpetual taxi licence that is suspended under this section must not, during the period of that suspension, operate a taxi service under the purported authority of that licence or cause or permit another person to operate a taxi service under the purported authority of that licence.
Penalty:  Fine not exceeding 100 penalty units.

]

33.   

The amendment effected by this section has been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008 .

34.   

The amendments effected by this section have been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008 .

35.   

The amendment effected by this section has been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008 .

36.   

The amendment effected by this section has been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008 .

[Uncommenced

37.    Section 31 amended (Transfer of owner-operator taxi licence to another person)

Section 31 of the Principal Act is amended as follows:
(a) by inserting in subsection (3) "sole" after "be the";
(b) by omitting subsection (4) and substituting the following subsection:
(4)  The Commission may refuse the transfer of an owner-operator taxi licence if –
(a) the licence is suspended under section 35 ; or
(b) the licence is subject to a notice of intention to suspend or cancel under section 36 ; or
(c) a notice has been given, in accordance with section 31(2) of the Passenger Transport Services Act 2011 , to the person to whom the licence has been issued, of an intention to suspend or cancel the accreditation of the person and the Commission has not made a determination under section 31 of that Act to suspend or cancel, or not to suspend or cancel, the accreditation of the person.

]

[Uncommenced

38.    Section 35 substituted

Section 35 of the Principal Act is repealed and the following section is substituted:

35.   Cancellation or suspension of owner-operator taxi licence where accreditation cancelled or suspended

(1)  If –
(a) the Commission suspends for a period under the Passenger Transport Services Act 2011 the accreditation of the holder of an owner-operator taxi licence, the licence is also suspended for the same period; or
(b) the Commission cancels under the Passenger Transport Services Act 2011 the accreditation of the holder of an owner-operator taxi licence, the licence is also cancelled.
(2)  An owner-operator taxi licence is of no effect during any period of its suspension.
(3)  The holder of an owner-operator taxi licence that has been suspended under subsection (1) must not, during the period of that suspension, operate a taxi service under the purported authority of that licence or cause or permit another person to operate a taxi service under the purported authority of that licence.
Penalty:  Fine not exceeding 100 penalty units.

]

39.   

The amendments effected by this section have been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008 .

40.   

The amendments effected by this section have been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008 .

41.   

The amendment effected by this section has been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008 .

[Uncommenced

42.    Section 49 amended (Transfer of wheelchair-accessible taxi licence to another person)

Section 49 of the Principal Act is amended as follows:
(a) by inserting in subsection (3)(a) "sole" after "be the";
(b) by omitting subsection (4) and substituting the following subsection:
(4)  The Commission may refuse the transfer of a wheelchair accessible taxi licence if –
(a) the licence is suspended under section 54 ; or
(b) the licence is subject to a notice of intention to suspend or cancel under section 55 ; or
(c) a notice has been given, in accordance with section 31(2) of the Passenger Transport Services Act 2011 , to the person to whom the licence has been issued, of an intention to suspend or cancel the accreditation of the person and the Commission has not made a determination under section 31 of that Act to suspend or cancel, or not to suspend or cancel, the accreditation of the person.

]

[Uncommenced

43.    Section 50 amended (Transfer of wheelchair-accessible taxi licence to another vehicle)

Section 50 of the Principal Act is amended by omitting subsection (3) and substituting the following subsection:
(3)  The Commission may refuse the transfer if –
(a) the licence is suspended under section 54 ; or
(b) the licence is subject to a notice of intention to suspend or cancel under section 55 ; or
(c) a notice has been given, in accordance with section 31(2) of the Passenger Transport Services Act 2011 , to the person to whom the licence has been issued, of an intention to suspend or cancel the accreditation of the person and the Commission has not made a determination under section 31 of that Act to suspend or cancel, or not to suspend or cancel, the accreditation of the person.

]

[Uncommenced

44.    Section 54 substituted

Section 54 of the Principal Act is repealed and the following section is substituted:

54.   Cancellation or suspension of wheelchair-accessible taxi licence where accreditation suspended or cancelled

(1)  If –
(a) the Commission suspends for a period under the Passenger Transport Services Act 2011 the accreditation of the holder of a wheelchair-accessible taxi licence, the licence is also suspended for the same period; or
(b) the Commission cancels under the Passenger Transport Services Act 2011 the accreditation of the holder of a wheelchair-accessible taxi licence, the licence is also cancelled.
(2)  A wheelchair-accessible taxi licence is of no effect during any period of its suspension.
(3)  The holder of a wheelchair-accessible taxi licence that has been suspended under subsection (1) must not, during the period of that suspension, operate a taxi service under the purported authority of that licence or cause or permit another person to operate a taxi service under the purported authority of that licence.
Penalty:  Fine not exceeding 100 penalty units.

]

45.   

The amendment effected by this section has been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008 .

46.   

The amendment effected by this section has been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008 .

47.   

The amendments effected by this section have been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008 .

48.   

The amendment effected by this section has been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008 .

[Uncommenced

49.    Section 77 amended (Transfer of luxury hire car licence to another person)

Section 77 of the Principal Act is amended as follows:
(a) by inserting in subsection (3)(a) "sole" after "be the";
(b) by omitting subsection (4) and substituting the following subsection:
(4)  The Commission may refuse the transfer of a luxury hire car licence if –
(a) the licence is suspended under section 81 ; or
(b) the licence is subject to a notice of intention to suspend or cancel under section 82 ; or
(c) a notice has been given, in accordance with section 31(2) of the Passenger Transport Services Act 2011 , to the person to whom the licence has been issued, of an intention to suspend or cancel the accreditation of the person and the Commission has not made a determination under section 31 of that Act to suspend or cancel, or not to suspend or cancel, the accreditation of the person.

]

[Uncommenced

50.    Section 78 amended (Transfer of luxury hire car licence to another vehicle)

Section 78 of the Principal Act is amended by omitting subsection (3) and substituting the following subsection:
(3)  The Commission may refuse the transfer if –
(a) the licence is suspended under section 81 ; or
(b) the licence is subject to a notice of intention to suspend or cancel under section 82 ; or
(c) a notice has been given, in accordance with section 31(2) of the Passenger Transport Services Act 2011 , to the person to whom the licence has been issued, of an intention to suspend or cancel the accreditation of the person and the Commission has not made a determination under section 31 of that Act to suspend or cancel, or not to suspend or cancel, the accreditation of the person.

]

[Uncommenced

51.    Section 81 substituted

Section 81 of the Principal Act is repealed and the following section is substituted:

81.   Cancellation or suspension of luxury hire car licence where accreditation cancelled or suspended

(1)  If –
(a) the Commission suspends for a period under the Passenger Transport Services Act 2011 the accreditation of the holder of a luxury hire car licence, the licence is also suspended for the same period; or
(b) the Commission cancels under the Passenger Transport Services Act 2011 the accreditation of the holder of a luxury hire car licence, the licence is also cancelled.
(2)  A luxury hire car licence is of no effect during any period of its suspension.
(3)  The holder of a luxury hire car licence that has been suspended under subsection (1) must not, during the period of the suspension, operate a luxury hire car service under the purported authority of that licence or cause or permit another person to operate a luxury hire car service under the purported authority of that licence.
Penalty:  Fine not exceeding 100 penalty units.

]

52.   

The amendment effected by this section has been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008 .

[Uncommenced

53.    Section 84L amended (Transfer of certain restricted hire vehicle licences to other vehicles)

Section 84L of the Principal Act is amended by omitting subsection (4) and substituting the following subsection:
(4)  The Commission may refuse to approve the transfer if –
(a) the licence is suspended under section 84O ; or
(b) the licence is subject to a notice of intention to suspend or cancel under section 84P ; or
(c) a notice has been given, in accordance with section 31(2) of the Passenger Transport Services Act 2011 , to the person to whom the licence has been issued, of an intention to suspend or cancel the accreditation of the person and the Commission has not made a determination under section 31 of that Act to suspend or cancel, or not to suspend or cancel, the accreditation of the person.

]

[Uncommenced

54.    Section 84O substituted

Section 84O of the Principal Act is repealed and the following section is substituted:

84O.   Cancellation or suspension of restricted hire vehicle licence where accreditation cancelled or suspended

(1)  If –
(a) the Commission suspends for a period under the Passenger Transport Services Act 2011 the accreditation of the holder of a restricted hire vehicle licence, the licence is also suspended for the same period; or
(b) the Commission cancels under the Passenger Transport Services Act 2011 the accreditation of the holder of a restricted hire vehicle licence, the licence is also cancelled.
(2)  A restricted hire vehicle licence is of no effect during any period of its suspension.
(3)  The holder of a restricted hire vehicle licence that has been suspended under subsection (1) must not operate, during the period of the suspension, a restricted hire vehicle service under the purported authority of the licence or cause or permit another person to operate a restricted hire vehicle service under the purported authority of the licence.
Penalty:  Fine not exceeding 100 penalty units.

]

55.   

The amendment effected by this section has been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008 .

[Uncommenced

56.    Section 86 amended (Effect of licence being suspended)

Section 86 of the Principal Act is amended as follows:
(a) by omitting "lapses or";
(b) by omitting from paragraph (a) "lapsed or";
(c) by omitting from paragraph (b) "had not lapsed or";
(d) by omitting from paragraph (c) "ended or the authority to operate the service provided under the authority of the lapsed licence is reinstated." and substituting "ended.".

]

[Uncommenced

57.    Section 89A inserted

After section 89 of the Principal Act , the following section is inserted in Part 5:

89A.   Seizure and cancellation of licence number plates

(1)  If a licence is suspended or cancelled under this Act, an authorised officer may seize any licence number plate issued in respect of that licence.
(2)  If an authorised officer seizes under subsection (1) a licence number plate issued in respect of a licence, the licence number plate is void and the Commission is to cancel that licence number plate.
(3)  If –
(a) an authorised officer seizes under subsection (1) a licence number plate issued in respect of a licence because the licence has been suspended; and
(b) the licence ceases to be suspended –
the Commission, as soon as practicable, is to issue a replacement licence number plate to the owner of the licence.

]

58.   

The amendment effected by this section has been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008 .

59.   

The amendments effected by this section have been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008 .

[Uncommenced

60.    Section 91E amended (General small passenger vehicle offences)

Section 91E of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:
(1)  A person must not use a small passenger vehicle on a public street to carry a passenger for financial consideration unless –
(a) the person is using the vehicle in the course of operating a taxi service under the authority of a taxi licence; or
(b) the person is using the vehicle in the course of operating a luxury hire car service under the authority of a luxury hire car licence; or
(c) the person is using the vehicle in the course of operating a restricted hire vehicle service under the authority of a restricted hire vehicle licence; or
(d) requests for transport by means of the vehicle are made by passengers using ride-sourcing software, within the meaning of the Passenger Transport Services Act 2011 , and the person who owns, operates or controls a wholly or partly automated electronic system that uses the ride-sourcing software is accredited; or
(e) the person is accredited to operate an on-demand passenger transport service by means of the vehicle.
Penalty:  Fine not exceeding –
(a) 100 penalty units for a first offence; or
(b) 200 penalty units for a second or subsequent offence.

]

61.   

The amendment effected by this section has been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008 .

[Uncommenced

62.    Section 94 amended (Security cameras)

Section 94 of the Principal Act is amended by omitting "a type or make of" and substituting "the requirements to be satisfied by a".

]

63.   

The amendment effected by this section has been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008 .

[Uncommenced

64.    Section 98 amended (Booking service provider)

Section 98 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:
(1)  The Commission, by notice in writing given to the proprietor or manager of a booking service provider, within the meaning of the Passenger Transport Services Act 2011 , may require that person to supply the Commission with any information relating to the operations of the booking service provider that the Commission requires for the effective administration of this Act.

]

65.   

The amendment effected by this section has been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008 .

66.   

The amendments effected by this section have been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008 .

67.   

The amendment effected by this section has been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008 .

68.   

The amendment effected by this section has been incorporated into the authorised version of the Taxi and Hire Vehicle Industries Act 2008 .
PART 5 - Concluding Provision

[Uncommenced]

69.   Repeal of Act

This Act is repealed on the first anniversary of the day on which the last uncommenced provision of this Act commenced.