Transport (Taxi-Cab Accreditation and Other Amendments) Act 2006

Transport (Taxi-cab Accreditation and Other Amendments) Act 2006

Act No. 71/2006

table of provisions

SectionPage

Part 1—Preliminary

1.Purpose

2.Commencement

Part 2—Taxi-cab Accreditation Amendments

3.New Division 4 inserted in Part VI of Transport Act1983

Division 4—Accreditation of Taxi-cab Industry Participants

Subdivision 1—Preliminary

130.Purpose of accreditation

130A.Definitions and interpretative provisions

Subdivision 2—Requirement for Accreditation

131.Offence for taxi-cab operator not to be accredited

131A.Offence for provider of taxi-cab network services not to be accredited

Subdivision 3—Application for Accreditation

132.Making of application

132A.Time within which licensing authority must deal with application

132B.Circumstances in which application may be approved

132C.How long accreditation lasts

132D.Mandatory refusal of accreditation

132E.Presumption in favour of refusal of accreditation

132F.Discretionary refusal of accreditation

132G.Notification and reasons to be given if accreditation refused

132H.Disqualification by licensing authority from ability to apply for accreditation

Subdivision 4—Accreditation Conditions and Business and Service Standards

133.Restrictions and conditions concerning accreditation

133A.Licensing authority may vary, revoke or impose new conditions, restrictions or other limitations

133B.Offence to fail to comply with conditions etc.

133C.Business and service standards

Subdivision 5—Certificates of Accreditation

134.Issue of certificate of accreditation

134A.Offence not to produce certificate when required

Subdivision 6—Disciplinary Action and Improvement Notices

135.When the licensing authority may take disciplinary action

135A.Disciplinary actions that may be taken in relation to accreditations

135B.Procedure for taking disciplinary action

135C.Immediate suspension of accreditation

135D.Effect of suspension of accreditation on licence

135E.Return of certificate of accreditation

135F.Improvement notices

135G.Formal irregularities or defects in notice

135H.Proceedings for offences not affected by improvement notices

Subdivision 7—Review of Decisions

136.Jurisdiction of VCAT in relation to mandatory refusal orcancellation of accreditation

136A.Review of decision by VCAT

136B.Time period for making application to VCAT

Subdivision 8—Miscellaneous

137.Accreditation cannot be transferred

137A.Holder of accreditation to notify of relevant change in circumstances

137B.Surrender of accreditation

137C.False representation in relation to accreditation

137D.Communication with responsible person

137E.Regulations

4.No compensation payable

5.Vehicles not to be operated unless licensed

6.Taxi-cab licences

7.Power to make Orders for the granting of taxi-cab licences in taxi-cab zones

8.Setting of fees

9.Transfer of licences

10.Assignments

11.New section 156A inserted

156A.Effect on taxi-cab licences of outcomes under
Division 4

12.Regulations

Part 3—Other Amendments to Transport Act1983

Division 1—Infringements Amendments

13.New section 214A inserted

214A.Differences in penalties

14.Regulations

Division 2—Assignment Amendments

15.Assignments

Division 3—Miscellaneous Amendments

16.Amendment of definitions

17.New section 227 substituted

227.Offences by unincorporated bodies, partnerships etc.

Division 4—Transitional Provisions

18.New Division 6 inserted in Part VIII

Division 6—Transitional Provisions—Transport (Taxi-cab Accreditation and Other Amendments) Act 2006

272.Taxi-cab accreditation

273.Assignments

Division 5—Other Amendments

19.Sunset of accreditation exemption for certain providers of taxi-cab network services

Part 4—Amendments to Transport Legislation (Further Amendment) Act 2006

20.Amendment of commencement dates

21.Definitions

22.Exceptions to offence

23.Requirements for issue and renewal of accreditation

24.Notification time limit

═══════════════

Endnotes

SectionPage

Victoria

No. 71 of 2006

SectionPage

Transport (Taxi-cab Accreditation and Other Amendments) Act 2006[†]

[Assented to 19 September 2006]

Act No. 71/2006

Transport (Taxi-cab Accreditation and Other Amendments) Act 2006

Act No. 71/2006

Transport (Taxi-cab Accreditation and Other Amendments) Act 2006

The Parliament of Victoriaenacts as follows:

Part 4—Amendments to Transport Legislation (Further Amendment) Act 2006

Transport (Taxi-cab Accreditation and Other Amendments) Act 2006

Act No. 71/2006

Part 1—Preliminary

1.Purpose

The purpose of this Act is—

(a)to amend the Transport Act 1983—

(i)to provide for the accreditation of certain participants in the taxi-cab industry;

(ii)to enable the penalties for transport infringements and ticket infringements to vary depending on whether they are issued by members of the police force or authorised officers;

(iii) to make other miscellaneous amendments to that Act;

(b) to make minor amendments to the Transport Legislation (Further Amendment) Act 2006.

2.Commencement

(1)This Part, Divisions 1,3 and 4 of Part 3 and Part 4 come into operation on the day after the day on which this Act receives the Royal Assent.

(2) Subject to sub-section (4), Part 2 comes into operation on a day to be proclaimed.

(3) Subject to sub-section (4), Division 2 of Part 3 comes into operation on a day to be proclaimed.

(4) If a provision of Part 2 orof Division 2 of Part 3 does not come into operation before 31 December 2007, it comes into operation on that day.

(5) Division 5 of Part 3 comes into operation on the second anniversary of the coming into operation of Part 2.

s. 2

______

Part 2—Taxi-cab Accreditation Amendments

See:
Act No.
9921.
Reprint No. 11
as at
1 March 2006
and amending
Act Nos
95/2005, 97/2005, 9/2006, 10/2006 and 32/2006.
LawToday:

dpc.vic.
gov.au

3.New Division 4 inserted in Part VI of Transport Act1983

s. 3

After Division 3 of Part VI of the Transport Act 1983 insert—

'Division 4—Accreditation of Taxi-cab Industry Participants

Subdivision 1—Preliminary

130.Purpose of accreditation

The purpose of accreditation under this Division is to facilitate the provision of safe, reliable and efficient taxi-cab services that meet reasonable community expectations by ensuring that only suitable persons hold taxi-cab licences, operate taxi-cabs or permit them to be operated or provide taxi-cab network services.

130A.Definitions and interpretative provisions

(1)In this Division—

"co-operative" has the same meaning as in the Co-operatives Act 1996;

"disqualifying offence" means a tier1 offence, a tier 2 offence or a tier 3 offence;

"incorporated association" has the same meaning as in the Associations Incorporation Act 1981;

"officer", in relation to a body corporate other than a company, co-operative or incorporated association, meansa member of the committee of management of the body corporate;

"officer", in relation to a company, means—

(a)a director or secretary of the company; or

(b)a person—

(i)who makes, or participates in making, decisions that affect the whole, or a substantial part, of the business of the company; or

s. 3

(ii)who has the capacity to affect significantly the company's financial standing; or

(iii)in accordance with whose instructions or wishes the directors of the company are accustomed to act (excluding advice given by the person in the proper performance of functions attaching to the person's professional capacity or their business relationship with the directors of the company);

"officer", in relation to a co-operative, means—

(a)a director or secretary of the cooperative; or

(b)a person who is concerned, or takes part, in the management of the cooperative, whether or not as a director;

"officer", in relation to an incorporated association, means—

(a)the public officer (within the meaning of the Associations Incorporation Act 1981) of the incorporated association; or

(b)a member of the committee (within the meaning of the Associations Incorporation Act 1981) of the incorporated association; or

s. 3

(c)a person who is concerned, or takes part, in the management of the incorporated association;

"person" includes a body corporate, an unincorporated body or association and a partnership;

"relevant person", in relation to an applicant for accreditation or an accredited person, means—

(a)if the applicant or accredited person is an individual, any person who is concerned, or takes part, in the management of the activities to which the application or the accreditation relates, whether as an employee of the applicant or accredited person or otherwise; or

(b)if the applicant or accredited person is a partnership, each partner and any other person who is concerned, or takes part, in the management of the activities to which the application or the accreditation relates, whether as an employee of the applicant or accredited person or otherwise; or

(c) if the applicant or accredited person is an unincorporated body or association other than a partnership, each member of the committee of management of the body or association and any other person who is concerned, or takes part, in the management of the activities to which the application or the accreditation relates, whether as an employee of the applicant or accredited person or otherwise; or

s. 3

(d) if the applicant or accredited person is a company, a co-operative or an incorporated association, each officer of the company, co-operative or incorporated association; or

(e) if the applicant or accredited person is a body corporate other than a company, co-operative or incorporated association, each officer of the body and any other person who is concerned, or takes part, in the management of the activities to which the application or the accreditation relates, whether as an employee of the applicant or accredited person or otherwise;

"responsible person", in relation to an applicant for accreditation or an accredited person, means—

(a)if the applicant or accredited person is an individual, the applicant or accredited person; or

(b)in any other case, a relevant person nominated by the applicant or accredited person as the responsible person;

s. 3

"taxi-cab network service" means—

(a)the receipt and dispatch of bookings or orders for the hiring of taxi-cabs; or

(b)the provision for taxi-cabs of a central communications system; or

(c)the provision for taxi-cabs of a global positioning system; or

(d) the maintenance of information management systems in relation to the hiring, and bookings and orders for the hiring, of taxi-cabs; or

(e) the provisionof brand identification for taxi-cabs; or

(f) the provision (by a provider of a service of a kind referred to in paragraph (a), (b), (c), (d) or (e) of this definition) of support services for taxi-cab operators and drivers; or

(g) the maintenance (by a provider of a service of a kind referred to in paragraph (a), (b), (c), (d) or (e) of this definition) of a system for receiving and handling customer complaints relating to the hiring, and bookings and orders for the hiring, of taxi-cabs; or

s. 3

(h) the provision (by a provider of a service of a kind referred to in paragraph (a), (b), (c), (d) or (e) of this definition) of taxi-cab driver training;

"tier 1 offence" means—

(a)an offence against the Crimes Act 1958 that involves sexual penetration (within the meaning given by section 35(1) of that Act); or

(b)an offence against a provision of the Crimes Act 1958 amended or repealed before the commencement of Part 2 of the Transport (Taxi-cab Accreditation and Other Amendments) Act 2006 of which the necessary elements at the time it was committed consisted of elements that constitute an offence referred to in paragraph (a); or

(c) an offence specified in clause 1 of Schedule 1 to the Sentencing Act 1991, if the victim of the offence was a child or a person with a cognitive impairment, that is not an offence referred to in paragraph(a) or(b); or

(d) a child pornography offence within the meaning of the Working with Children Act 2005; or

(e) an offence within the meaning of Division101 of the Criminal Code of the Commonwealth; or

s. 3

(f) an offence specified in clause 3 of Schedule 1 to the Sentencing Act 1991; or

(g) an indictable offence involving fraud or dishonesty; or

(h) an offence specified in clause 4 of Schedule 1 to the Sentencing Act 1991; or

(i)an offence under a law of a jurisdiction other than Victoria (including jurisdictions outside Australia) that, if it had been committed in Victoria, would have constituted an offence of a kind listed in this definition;

"tier 2 offence" means—

(a)an offence specified in clause 1 of Schedule 1 to the Sentencing Act 1991 that is not an offence referred to in paragraph (a), (b), (c) or(d) of the definition of "tier1 offence"; or

(b)an offence specified in clause 2 of Schedule 1 to the Sentencing Act 1991 that is not an offence specified in clause 3 of that Schedule; or

(d) an offence under a law of a jurisdiction other than Victoria (including jurisdictions outside Australia) that, if it had been committed in Victoria, would have constituted an offence of a kind listed in this definition;

"tier 3 offence"means—

(a)a criminal offence that is not a tier1 offence or a tier 2 offence; or

(b) an offence under a law of a jurisdiction other than Victoria (including jurisdictions outside Australia) that, if it had been committed in Victoria, would have constituted an offence of a kind listed in this definition;

s. 3

(2) In this Division, a reference to a person who has been found guilty of an offence is a reference to a person—

(a)against whom a court has made a formal finding that he or she is guilty of the offence; or

(b)from whom a court has accepted a plea that he or she is guilty of the offence; or

(c)from whom a court has accepted an admission under section 100 of the Sentencing Act 1991 that he or she has committed the offence, or from whom a similar admission has been accepted under equivalent provisions of the laws of a jurisdiction other than Victoria; or

(d)against whom a finding has been made under—

(i)section 17(1)(b) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 that he or she was not guilty of the offence because of mental impairment; or

(ii)under section 17(1)(c) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 that he or she committed the offence—

s. 3

or against whom a similar finding has been made under equivalent provisions of the laws of a jurisdiction other than Victoria (including jurisdictions outside Australia)—

being an admission, plea or finding that has not been subsequently quashed or set aside by a court.

(3) In this Division, a reference to a person who has been charged with an offence is a reference to a person—

(a)against whom a presentment has been made or an indictment has been laid for the offence; or

(b)against whom a charge has been filed for the offence, whether or not—

(i)a summons to answer to the charge; or

(ii)a warrant to arrest the person—

has been issued or served.

(4) In this Division, a reference to a charge that has not been finally disposed of is a reference to a charge that has not been finally dealt with by—

s. 3

(a)being withdrawn or by the entering of a nolle prosequi; or

(b)the charge having been dismissed by a court; or

(c)the person against whom the charge has been laid having been discharged by a court following a committal hearing; or

(d)the person against whom the charge has been laid having been acquitted or found guilty of the offence that was the subject of the charge by a court; or

(e)any other prescribed means.

(5)In this Division, a reference to an application for accreditation includes a reference to an application for renewal of accreditation.

Subdivision 2—Requirement for Accreditation

131.Offence for taxi-cab operator not to be accredited

The operator of a taxi-cab must not operate the taxi-cab, or permit the taxi-cab to be operated, unless the operator is accredited under this Division as a taxi-cab operator.

Penalty:60 penalty units.

131A.Offence for provider of taxi-cab network services not to be accredited

s. 3

(1)A person must not—

(a)provide a taxi-cab network service; or

(b) advertise or in any other way hold themselves out as able or willing to provide a taxi-cab network service—

unless the person is accredited under this Division to provide that service or is exempted by the regulations from the requirement to be accredited under this Division.

Penalty:In the case of a natural person, 240 penalty units;

In the case of a body corporate, 1200 penalty units.

(2)Sub-section (1) does not apply to—

(a)in the case of a taxi-cab network service of a kind referred to in paragraph (a) of the definition of "taxi-cab network service" in section 130A(1)—

(i) a driver of a taxi-cab who receives a booking or order for the hiring of that taxi-cab directly from the person making the booking or placing the order or directly from the operator of the taxi-cab as described in sub-paragraph (ii); or

(ii) the operator of a taxi-cab who receives a booking or order for the hiring of that taxi-cab directly from the person making the booking or placing the order which the operator then passes on directly to the driver of the taxi-cab; or

s. 3

(iii) a driver or the operator of a taxi-cab who receives a booking or order for the hiring of that taxi-cab directly from the person making the booking or placing the order which the driver or operator then passes on directly to a person who is accredited to provide that service; or

(b) in any case, a driver or the operator of a taxi-cab who provides a taxi-cab network service and who is a member of an unincorporated body or association comprising drivers and operators of taxi-cabs that is accredited to provide that service.

Subdivision 3—Application for Accreditation

132.Making of application

s. 3

(1)A person may apply to the licensing authority for accreditation as a—

(a)taxi-cab licence holder; or

(b)taxi-cab operator; or

(c)provider of taxi-cab network services.

Note:See sub-section (5) for restriction on applications by unincorporated bodies or associations.

(2)An application must—

(a)be made in the manner and form determined by the licensing authority; and

(b)be accompanied by—

(i)the fee (if any) for the application determined by the licensing authority under section 147B; and

(ii)evidence, as required by the regulations, that each relevant person in relation to the applicant, satisfies the requirements for the relevant accreditation; and

(iii) any other things that are required by the regulations; and

(c)in the case of an application by a person that is not an individual, nominate a relevant person as the responsible person in relation to the applicant.

(3) The licensing authority may require an applicant to—

(a)supply further information specified by the licensing authority;

(b)verify, by a statutory declaration signed by or on behalf of the applicant, information supplied for the purposes of the application.

(4) The application, and any further information supplied by the applicant under sub-section(3), must be—

(a)if the regulations so provide, signed in accordance with the regulations;and

(b)declared by each signatory to be true and correct.

(5)An unincorporated body or association, other than a partnership, is not capable of applying for, or holding, an accreditation as a taxi-cab licence holder or a taxi-cab operator.

(6) In the case of an application by a person that is not an individual, the licensing authority is entitled to communicate with the responsible person in relation to the application.

132A.Time within which licensing authority must deal with application

s. 3

(1)Subject to this section, the licensing authority must decide whether to approve or refuse an application for accreditation within 90days after receiving the application.

(2)The licensing authority may, before the expiry of the period specified in sub-section(1), decide to extend the period within which he or she may decide whether to approve or refuse an application.

(3)If the licensing authority decides to extend the period within which he or she may decide whether to approve or refuse an application, the licensing authority must notify the applicant of that decision and the new period within which the licensing authority intends to make his or her decisionwhether to approve or refuse an application.

(4)A notification under sub-section (3) must be in writing.

132B.Circumstances in which application may be approved

Subject to this Subdivision, the licensing authority may approve an application for accreditation if the licensing authority is satisfiedthat the applicant—