{"id":"passenger-transport-act-1994","name":"Passenger Transport Act 1994","slug":"passenger-transport-act-1994","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106242,"registerId":"sa-passenger-transport-act-1994-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n1—Short title\nThis Act may be cited as the Passenger Transport Act 1994.\n3—Objects\nThe objects of this Act are—\n\t(a)\tto benefit the public of South Australia through the creation of a passenger transport network that—\n\t(i)\tis focussed on serving the customer; and\n\t(ii)\tprovides accessibility to needed services, especially for the transport disadvantaged; and\n\t(iii)\tis safe; and\n\t(iv)\tencourages transport choices that minimise harm to the environment; and\n\t(v)\tis efficient in its use of physical and financial resources; and\n\t(vi)\tpromotes social justice; and\n\t(b)\tto provide a system of accreditation for—\n\t(i)\tthe operators of passenger transport services; and\n\t(ii)\tthe drivers of public passenger vehicles; and\n\t(iii)\tthe providers of centralised booking services within the passenger transport industry,\nin order to encourage and facilitate the observance of industry standards for passenger transport within the State; and\n\t(c)\tto require the licensing of taxi-cabs; and\n\t(d)\tto provide for a new approach to the provision of passenger transport services by the public sector.\n4—Interpretation\n\t(1)\tIn this Act—\ncentralised booking service means a service that is subject to accreditation under Division 3 of Part 4;\nchauffeured vehicle service means a passenger transport service defined as a chauffeured vehicle service by the regulations;\ndesignated taxi-stand means an area designated as a taxi-stand—\n\t(a)\tby the Minister; or\n\t(b)\tby a council under the Local Government Act 1934;\nDistrict Court or Court means the Administrative and Disciplinary Division of the District Court;\nMetropolitan Adelaide means the part of the State that is comprised of—\n\t(a)\tMetropolitan Adelaide within the meaning of the Development Act 1993; and\n\t(b)\tany other area included within the ambit of this definition by the regulations,\nbut does not include an area excluded by the regulations from the ambit of this definition;\nmotor vehicle means—\n\t(a)\ta vehicle or mobile machine driven or propelled or ordinarily capable of being driven or propelled by an engine, electricity or other form of power, other than human power; or\n\t(b)\ta vehicle of a class prescribed by the regulations for the purposes of this definition (if any),\nbut does not include—\n\t(c)\tan aeroplane; or\n\t(d)\ta vessel; or\n\t(e)\tany other vehicle of a class excluded by the regulations from the ambit of this definition;\npassenger transport service means a service consisting of the carriage of passengers for a fare or other consideration (including under a hire or charter arrangement or for consideration provided by a third party)—\n\t(a)\tby motor vehicle; or\n\t(b)\tby train or tram; or\n\t(c)\tby means of an automated, or semi-automated, vehicular system; or\n\t(d)\tby a vehicle drawn by an animal along a public street or road; or\n\t(e)\tby any other means prescribed by the regulations for the purposes of this definition,\nbut does not include a service of a class excluded by the regulations from the ambit of this definition;\npoint to point transport service means a chauffeured vehicle service or taxi service;\npublic passenger vehicle means a vehicle used to provide a passenger transport service;\nregular passenger service means—\n\t(a)\ta passenger transport service conducted according to regular routes and timetables; or\n\t(b)\tany other passenger transport service of a class prescribed by the regulations for the purposes of this definition,\nbut does not include a service of a class excluded by the regulations from the ambit of this definition;\nrelevant interest has the same meaning as in the Corporations Law;\nroad maintenance authority means an authority responsible for the care, control and maintenance of a street or road;\nservice contract means a contract entered into under Part 5;\nStandards Committee means the Passenger Transport Standards Committee established under section 35A;\ntaxi-meter means an instrument or device which—\n\t(a)\tis connected to the drive train or speedometer of a vehicle, or otherwise fitted to a vehicle in a manner prescribed by the regulations; and\n\t(b)\tis capable of—\n\t(i)\trecording a charge for the hire of the vehicle according to the distance travelled or waiting or stationary time, or a combination of both; and\n\t(ii)\tdisplaying that charge in words or figures, or producing a form or statement showing such words or figures; and\n\t(c)\tcomplies with specifications prescribed by the regulations;\ntaxi service means a passenger transport service defined as a taxi service by the regulations;\ntemporary accreditation means an accreditation granted or issued under Part 4 for a period of less than 12 months;\ntemporary licence means a licence issued under Part 6 for a period of less than 12 months.\n\t(2)\tA reference in a provision of this Act to drivers or the driving of vehicles will be taken to include a reference to riders and the riding of vehicles (unless the provision by its express terms indicates that it does not apply to riders or riding).\nNote—\nFor definition of divisional penalties (and divisional expiation fees) see Appendix.\n5—Application of Act\n\t(1)\tThe regulations may provide that a specified provision of this Act does not apply, or applies with prescribed variations, to a part of the State specified by the regulations and, subject to any condition to which the regulations are expressed to be subject, the operation of this Act is modified accordingly.\n\t(2)\tThe Minister may, by notice in the Gazette, confer exemptions from this Act or specified provisions of this Act—\n\t(a)\ton specified persons or persons of a specified class; or\n\t(b)\ton specified vehicles or vehicles of a specified class; or\n\t(c)\tin relation to specified services or services of a specified class.\n\t(3)\tAn exemption under subsection (2) may be granted by the Minister on such conditions as the Minister thinks fit.\n\t(4)\tThe Minister may, at any time, by further notice in the Gazette—\n\t(a)\tvary or revoke an exemption; or\n\t(b)\tvary or revoke a condition of an exemption.\n\t(5)\tA person who contravenes or fails to comply with a condition imposed under this section is guilty of an offence.\n","sortOrder":0},{"sectionNumber":"Part 3","sectionType":"part","heading":"Administration","content":"Part 3—Administration\n","sortOrder":1},{"sectionNumber":"Div 1","sectionType":"division","heading":"Functions of Minister under Act","content":"Division 1—Functions of Minister under Act\n20—Functions of Minister under Act\n\t(1)\tThe Minister may, in connection with the operation of this Act, adopt the following functions:\n\t(a)\tto oversee the creation and maintenance of an integrated network of passenger transport services involving all modes of passenger transport by public passenger vehicles within the State (including, to the extent that may be appropriate, an integrated fare system within that network);\n\t(b)\tto such extent as may be consistent with the objects and provisions of this Act—\n\t(i)\tto determine, monitor and review passenger transport services within the State;\n\t(ii)\tto determine, monitor and review the fares (or scales of fares) payable by members of the public who use passenger transport services (including, in relation to the determination of fares, the setting of maximum or differential fares);\n\t(c)\tto foster and promote efficient and effective passenger transport services, to encourage and assist changes in the transport industry to improve passenger transport services, and to encourage and oversee the provision and use of passenger transport services;\n\t(d)\tto encourage best practices in the provision of passenger transport services and, as the Minister thinks fit, to establish, audit and enforce standards for passenger transport within the State;\n\t(e)\tto accredit the operators of passenger transport services, to accredit drivers of public passenger vehicles, and to administer the provision of various services;\n\t(f)\tto administer a system of fare subsidies and concessions in appropriate cases;\n\t(g)\tto establish, audit and, if necessary, enforce safety, service, equipment and comfort standards for passenger transport within the State;\n\t(h)\tto establish and maintain facilities and various forms of infrastructure for the purposes of the passenger transport network;\n\t(i)\tto facilitate the use of passenger transport services by people with disabilities;\n\t(j)\tto provide information to the public on passenger transport services, to promote the safety, comfort and convenience of members of the public who use those services, and to establish appropriate procedures and mechanisms to enable members of the public to comment on those services;\n\t(k)\tto establish a centralised system for receiving, and dealing with, complaints and compliments from members of the public in relation to the provision of passenger transport services within the State;\n\t(l)\tto initiate, carry out, support or promote projects and programs for the development and improvement of passenger transport services;\n\t(m)\tto initiate or undertake inquiries in relation to any aspect of passenger transport within the State;\n\t(n)\tto carry out other functions as may be necessary or expedient for, or incidental to, any of the foregoing.\n","sortOrder":2},{"sectionNumber":"Div 2","sectionType":"division","heading":"Powers","content":"Division 2—Powers\n22—Powers of Minister\n\t(1)\tThe Minister has the power to do anything necessary or expedient for, or incidental to, performing the functions of the Minister under this Act.\n\t(2)\tThe Minister may, for example—\n\t(a)\tenter into any form of contract or arrangement;\n\t(b)\tappoint agents or engage contractors—\n\t(i)\tto assist the Minister in the performance of any function; or\n\t(ii)\tto carry out a function on the Minister's behalf;\n\t(c)\tengage experts or consultants;\n\t(d)\tacquire, hold, deal with and dispose of real and personal property;\n\t(e)\tgrant leases or licences over property of the Minister;\n\t(f)\tprovide facilities and amenities for the users of passenger transport services;\n\t(g)\testablish or specify a ticketing system to be used on passenger transport services (or some of those services) within the State;\n\t(h)\testablish places where public passenger vehicles may take up, or set down, passengers;\n\t(i)\tenter into joint ventures;\n\t(j)\tparticipate in the formation of a partnership or other body;\n\t(k)\tacquire, hold, deal with and dispose of—\n\t(i)\tan interest in a lot under the Community Titles Act 1996 or an interest in a unit under the Strata Titles Act 1988; or\n\t(ii)\tshares in, or securities issued by, a body corporate.\n\t(3)\tThe Minister must not, without the concurrence of the Treasurer—\n\t(a)\texercise a power referred to in subsection (2)(i), (j) or (k); or\n\t(b)\testablish or participate in any other form of scheme or arrangement that involves sharing of profits.\n\t(4)\tIf the Minister considers that it is desirable to provide a carpark for the convenience of the users of passenger transport services, the Minister may construct and operate a carpark, or may arrange for the establishment and operation of a carpark by another person.\n\t(5)\tIf the Minister considers that it is desirable to make recreational or refreshment facilities or amenities available for the users of passenger transport services, the Minister may provide those facilities or amenities, or may arrange for the provision of those facilities or amenities by another person.\n\t(6)\tThe Minister must, in relation to a proposal by the Minister to designate an area as a taxi-stand under this Act—\n\t(a)\tinform the person or authority responsible for the relevant area of the proposal at least 28 days before the proposed designation; and\n\t(b)\tgive that person or authority a reasonable opportunity to consult with the Minister in relation to the matter; and\n\t(c)\tensure that proper consideration is given to the views of that person or authority.\n\t(7)\tIf the Minister proposes—\n\t(a)\tthat a regular passenger service be operated along a public street or road under a service contract on a regular basis; or\n\t(b)\tthat a terminal point or stopping place for a regular passenger service be established on a public street or road,\nthen the Minister must—\n\t(c)\tinform the authority responsible for the maintenance of the street or road of the proposal at least 28 days before the proposed commencement of the service or the establishment of the point or place; and\n\t(d)\tgive that authority a reasonable opportunity to consult with the Minister in relation to the matter; and\n\t(e)\tensure that proper consideration is given to the views of that authority.\n\t(8)\tSubsection (7) is subject to the following qualifications:\n\t(a)\tthe 28 day period referred to in that subsection may be shortened in a particular case by agreement between the Minister and the relevant authority; and\n\t(b)\tthe Minister is not required to comply with that subsection in a case of emergency, or in any other case where the Minister considers that it is reasonable to act without giving notice under that subsection, but, in such a case, the Minister must provide a report on the matter to the relevant authority within a reasonable time.\n23—Acquisition of land\nThe Minister may, subject to and in accordance with the Land Acquisition Act 1969, acquire land—\n\t(a)\tfor the establishment, extension or alteration of any facility or other form of infrastructure reasonably required or warranted for the provision or operation of a passenger transport service; or\n\t(b)\tfor any other purpose associated with the performance of any function under this Act.\n24—Power to carry out works\n\t(1)\tThe Minister may carry out such works as the Minister thinks fit in relation to the provision or operation of a passenger transport service.\n\t(2)\tIn the exercise of any power under this section, the Minister may—\n\t(a)\tcarry out building or structural work; and\n\t(b)\terect, construct, lay down, make, alter or remove buildings, structures, notices or signs,\nover, under, along, across, or adjacent to, a public street or road.\n\t(3)\tThe Minister must make good any damage to a street or road arising from works carried out under this section.\n\t(4)\tSubject to subsection (5), the Minister must, in relation to a proposal that involves disturbing the surface of a public street or road, or that otherwise relates to a public street or road—\n\t(a)\tinform the relevant road maintenance authority of the proposal at least 28 days before the proposed commencement of any work; and\n\t(b)\tgive the relevant road maintenance authority a reasonable opportunity to consult with the Minister in relation to the matter; and\n\t(c)\tensure that proper consideration is given to the views of the road maintenance authority.\n\t(5)\tIn a case of emergency the Minister need only comply with subsection (4) to such extent as is practicable in the circumstances.\n","sortOrder":3},{"sectionNumber":"Div 3","sectionType":"division","heading":"Annual report, committees and delegations","content":"Division 3—Annual report, committees and delegations\n24A—Annual report\n\t(1)\tThe administrative unit of the Public Service that is, under the Minister, responsible for the administration of this Act must, on or before 30 September in each year, prepare a report on the operation and administration of this Act for the financial year ending on the preceding 30 June.\n\t(2)\tThe report must include specific reports on the following matters for the relevant financial year:\n\t(a)\tlevels of public utilisation of passenger transport services within the State;\n\t(b)\tissues affecting the accessibility and utilisation of public transport within the State;\n\t(c)\tthe number and nature of complaints, compliments and submissions made to the Minister by members of the public under any centralised system established for the purpose under this Act;\n\t(d)\tthe general availability of taxis on taxi-stands in Metropolitan Adelaide, and response times to bookings within the taxi industry,\nand must also include any other information required by this Act.\n\t(3)\tA report under this section may be incorporated into the annual report of the relevant administrative unit.\n\t(4)\tThe Minister must cause a copy of the report to be laid before both Houses of Parliament within 12 sitting days after the report is prepared.\n25—Committees\n\t(1)\tThe Minister may establish such committees as the Minister thinks fit to assist the Minister in the performance or exercise of his or her functions or powers under this Act.\n\t(2)\tThe procedures to be observed in relation to the conduct of the business of a committee will be—\n\t(a)\tas determined by the Minister; or\n\t(b)\tinsofar as a procedure is not determined under paragraph (a)—as determined by the relevant committee.\n26—Power of delegation\n\t(1)\tThe Minister may delegate to a body or a person (including a person for the time being holding or acting in a specified office or position) a function or power of the Minister under this or any other Act.\n\t(2)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the power of the Minister to act in any matter; and\n\t(d)\tis revocable at will.\n\t(3)\tA function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.\n","sortOrder":4},{"sectionNumber":"Part 4","sectionType":"part","heading":"Accreditation","content":"Part 4—Accreditation\nDivision 1—General passenger services\n27—Accreditation of operators\n\t(1)\tA person must not operate a passenger transport service within (or partly within) the State unless the person holds an appropriate accreditation for that service under this Division.\n\t(2)\tThe purpose of accreditation under this Division is—\n\t(i)\tthat the accredited person (or, in the case of an accredited body corporate, each director, manager or other person who is in a position to control or influence substantially the affairs of the body corporate) is considered to be of good repute and in all other respects fit and proper to be responsible for the operation of a passenger transport service to which the accreditation relates; and\n\t(ii)\tthat the accredited person is considered to have the capacity to meet prescribed standards relating to—\n\t(A)\tthe ability to provide passenger transport services; and\n\t(B)\tsafety of passengers and the public; and\n\t(C)\tservice to passengers; and\n\t(D)\tvehicles and equipment (including their design, service, maintenance and condition); and\n\t(E)\tany other matter prescribed by the regulations,\nto the degree and in the manner required in respect of services of the kind specified in the accreditation; and\n\t(b)\tto provide a scheme to facilitate—\n\t(i)\tthe provision of an efficient and effective network of passenger transport services within the State; and\n\t(ii)\tthe observance of appropriate standards by the operators of passenger transport services; and\n\t(3)\tStandards for the purposes of subsection (2)—\n\t(a)\tmay be prescribed by the regulations; or\n\t(b)\tto the extent that they are not so prescribed, may be determined by the Minister.\n\t(4)\tThe Minister must ensure that a standard determined by the Minister under subsection (3)(b) is widely published and made reasonably available to interested persons.\n\t(5)\tAn accreditation must specify the kind or kinds of services for which it is appropriate.\nDivision 2—Drivers\n28—Accreditation of drivers\n\t(1)\tA person must not drive a public passenger vehicle for the purposes of a passenger transport service unless the person holds an appropriate accreditation under this Division.\nPenalty: Division 5 fine\nExpiation fee: $315.\n\t(2)\tThe purpose of accreditation under this Division is—\n\t(i)\tthat the accredited person is considered to be of good repute and in all other respects a fit and proper person to be the driver of a public passenger vehicle to which the accreditation relates; and\n\t(ii)\tthat the accredited person is considered to have sufficient responsibility, skills and aptitude to drive the vehicle or vehicles to which the accreditation relates—\n\t(A)\tin accordance with the conditions under which a passenger transport service is operated; and\n\t(B)\tin accordance with law; and\n\t(b)\tto provide a scheme to facilitate the observance of appropriate standards by the drivers of public passenger vehicles; and\n\t(3)\tThe accreditation must specify the kind or kinds of vehicles and services for which it is appropriate.\nDivision 3—Centralised booking services\n29—Accreditation of centralised booking services\n\t(1)\tFor the purposes of this section, a person operates a centralised booking service if the person operates a service where—\n\t(a)\tbookings for taxi services, or any other passenger service of a prescribed class, are accepted from members of the public; and\n\t(b)\tthe bookings are assigned to drivers; and\n\t(c)\tthe number of passenger transport vehicles participating in the service is not less than the prescribed number.\n\t(2)\tA person must not operate a centralised booking service unless the person holds an accreditation for that service under this Division.\n\t(3)\tThe purpose of accreditation under this Division is—\n\t(i)\tthat the accredited person (or, in the case of an accredited body corporate, each director, manager or other person who is in a position to control or influence substantially the affairs of the body corporate) is considered to be of good repute and in all other respects fit and proper to be responsible for the operation of a centralised booking service; and\n\t(ii)\tthat the centralised booking service complies with the prescribed standards relating to—\n\t(A)\tthe ability to provide a centralised booking service; and\n\t(B)\toperational practices and procedures; and\n\t(C)\tservice to users; and\n\t(D)\tequipment; and\n\t(E)\tany other matter prescribed by the regulations; and\n\t(b)\tto provide a scheme to facilitate the observance of various standards by the operators of centralised booking services; and\n\t(4)\tStandards for the purposes of subsection (3)—\n\t(a)\tmay be prescribed by the regulations; or\n\t(b)\tto the extent that they are not so prescribed, may be determined by the Minister.\n\t(5)\tThe Minister must ensure that a standard determined by the Minister under subsection (4)(b) is widely published and made reasonably available to interested persons.\n\t(6)\tIn this section—\nthe prescribed number is two, or such greater number as may be prescribed by the regulations.\n","sortOrder":5},{"sectionNumber":"Div 4","sectionType":"division","heading":"General provisions relating to accreditation","content":"Division 4—General provisions relating to accreditation\n30—Procedure\n\t(1)\tAn application for accreditation must be made to the Minister in a manner and form determined by the Minister.\n\t(2)\tThe Minister may require an applicant for accreditation—\n\t(a)\tto furnish further information specified by the Minister; or\n\t(b)\tto verify, by statutory declaration, information furnished for the purposes of the application.\n\t(3)\tAn applicant for accreditation must meet any requirement, standard, criteria, qualification or condition set out in the regulations and must satisfy the Minister as to any matter the Minister considers relevant.\n\t(4)\tIf the Minister refuses an application for accreditation, the Minister must notify the applicant in writing of—\n\t(a)\tthe refusal; and\n\t(b)\tthe reasons for the refusal; and\n\t(c)\tany appeal rights that the applicant may have under this Act.\n\t(5)\tThe prescribed fee is payable to the Minister in respect of an application for accreditation.\n31—Conditions\n\t(1)\tAn accreditation will be subject to—\n\t(a)\tthe condition that the accredited person will observe the relevant code of practice under this Act; and\n\t(b)\tother conditions (if any)—\n\t(i)\timposed by the Minister in relation to the accreditation; or\n\t(ii)\tprescribed by the regulations or otherwise imposed under this Act.\n\t(2)\tThe Minister may, for example, in relation to an accreditation under Division 1, give the accreditation subject to a condition that makes provision for or with respect to—\n\t(a)\tthe area of operation of the passenger transport service; or\n\t(b)\tthe periods within which vehicles may, or may not, be operated; or\n\t(c)\tthe timetables to which vehicles are to be operated; or\n\t(d)\tthe fares to be charged or other arrangements for remuneration to be made (including the use of vouchers and fare subsidy schemes); or\n\t(e)\tthe manner in which the passenger transport service may, or may not, be operated; or\n\t(f)\tthe class of persons who may be transported on public transport vehicles operated for the purposes of that service.\n\t(3)\tThe Minister may, if the Minister considers it appropriate to do so, by notice in writing to an accredited person, vary a condition to which the accreditation is subject.\n\t(4)\tAn accredited person may, on application made to the Minister in writing, request the variation of a condition to which the accreditation is subject, and the Minister may, as the Minister thinks fit—\n\t(a)\tgrant the variation; or\n\t(b)\trefuse to grant the variation.\n\t(5)\tThe conditions of an accreditation may be varied by the addition, substitution or deletion of one or more conditions.\n\t(6)\tA determination by the Minister under this section as to an area for the operation of a passenger transport service by an accredited person does not confer on the person an exclusive right to operate a passenger transport service within that area.\n\t(7)\tA person must not contravene or fail to comply with a condition of an accreditation.\nPenalty: \n\t(a)\tin the case of an accreditation under Division 1—Division 3 fine;\n\t(b)\tin the case of an accreditation under Division 2—Division 5 fine;\n\t(c)\tin the case of an accreditation under Division 3—Division 3 fine.\nExpiation fee: in the case of an accreditation under Division 2—$315.\n32—Duration and categories of accreditation\n\t(1)\tSubject to this Act, an accreditation continues in force (unless sooner revoked or surrendered) for a period prescribed by the regulations or determined by the Minister and specified in the instrument of accreditation.\n\t(2)\tThe Minister may, if the Minister thinks fit, grant a temporary accreditation for a period of less than 12 months.\n\t(3)\tThe Minister may establish various classes of accreditation within the various forms of accreditation created by this Part, and assign an accreditation to a class for the purposes of this Act.\n\t(4)\tThe Minister may, from time to time—\n\t(a)\tdetermine the maximum number of accreditations of a particular class to be issued in a given period;\n\t(b)\tdetermine the maximum number of accreditations of a particular class to be in force in a given period;\n\t(c)\tdetermine that no further accreditations of a particular class are to be issued for the time being.\n33—Periodical fees and returns\n\t(1)\tA person who holds an accreditation (other than a temporary accreditation) must, for each period prescribed by the regulations that the accreditation remains in force, not later than the relevant day for that accreditation determined in accordance with the regulations—\n\t(a)\tlodge with the Minister a return containing the prescribed information; and\n\t(b)\tpay to the Minister the prescribed fee.\n\t(2)\tIf an accredited person fails to comply with subsection (1), the Minister may, by notice in writing to the accredited person, require him or her to make good the default and, in addition, to pay to the Minister the amount prescribed as a penalty for default.\n\t(3)\tIf an accredited person fails to comply with a notice under subsection (2) within 14 days after service of the notice, the accreditation is, by force of this subsection, suspended until the accredited person complies with the notice.\n\t(4)\tIf an accredited person fails to comply with a notice under subsection (2) within six months after service of the notice, the accreditation is, by force of this subsection, revoked.\n34—Renewals\n\t(1)\tAn application for the renewal of an accreditation must be made in writing to the Minister in a manner and form determined by the Minister.\n\t(2)\tThe prescribed fee is payable to the Minister in respect of an application for the renewal of an accreditation.\n\t(3)\tAn application for renewal must be made not later than the prescribed number of days before the date of expiry of the accreditation.\n\t(4)\tThe Minister may, in the Minister's absolute discretion, determine a late application for renewal provided that the applicant pays the prescribed late application fee.\n\t(5)\tThe Minister may refuse to consider an application for renewal if the application is made earlier than a day fixed under the regulations.\n\t(6)\tA temporary accreditation is not renewable.\n35—Related matters\n\t(1)\tThe holder of an accreditation must not transfer, assign, lease or otherwise deal with the accreditation.\n\t(2)\tA purported dealing in contravention of subsection (1) is void.\n\t(3)\tAn accredited person may, with the consent of the Minister, surrender the accreditation.\n\t(4)\tThe Minister may, on the application of the accredited person or in accordance with procedures set out in the regulations, vary a person's accreditation from one class of accreditation to another.\n\t(5)\tNo liability attaches to the Minister by virtue of the fact that the Minister has awarded an accreditation to a particular person under this Act.\n","sortOrder":6},{"sectionNumber":"Div 5","sectionType":"division","heading":"Disciplinary powers","content":"Division 5—Disciplinary powers\n35A—Passenger Transport Standards Committee\n\t(1)\tThe Minister must establish a committee, to be called the Passenger Transport Standards Committee, to exercise disciplinary powers under this Division, and to exercise or perform such other powers or functions as may from time to time be conferred on the committee by the Minister.\n\t(2)\tThe Minister may, as the Minister thinks fit, appoint suitable persons to be members of the Standards Committee (and may at any time remove any person from membership of the committee).\n\t(3)\tAn appointment under subsection (2) will be on terms and conditions determined by the Minister.\n\t(4)\tThe quorum for any proceedings of the Standards Committee will be three members of the committee (but this subsection does not prevent additional members sitting in any proceedings of the committee).\n36—Disciplinary powers\n\t(1)\tThe Standards Committee may hold an inquiry for the purpose of determining whether proper cause exists for disciplinary action against a person who is, or has been, an accredited person under this Act.\n\t(1a)\tAn inquiry may be commenced by a complaint being lodged with the Standards Committee or by the Standards Committee acting of its own motion.\n\t(2)\tThere is proper cause for disciplinary action against a respondent if—\n\t(a)\tthe respondent is found guilty of an offence against this or any other Act or law; or\n\t(ab)\tthe respondent has failed to pay amounts required by a notice under clause 2(7) of Schedule 2 within the period specified in the notice (or such other period as may have been allowed by the Minister in accordance with clause 5 of that Schedule); or\n\t(b)\tthe respondent holds an accreditation under Division 1 and has—\n\t(i)\tin the course of operating a passenger transport service, acted negligently or fraudulently; or\n\t(ii)\tfailed to meet any standard that relates to the accreditation; or\n\t(c)\tthe respondent holds an accreditation under Division 2 and has ceased to have sufficient responsibility or aptitude to drive a vehicle to which the accreditation relates; or\n\t(d)\tthe respondent holds an accreditation under Division 3 and has failed to meet a standard that relates to the accreditation; or\n\t(e)\tthe respondent—\n\t(i)\tobtained his or her accreditation improperly; or\n\t(ii)\thas ceased to be a person of good repute, or in any other respect has ceased to be a fit and proper person to hold an accreditation under this Act or, in the case of a body corporate, a person who has gained or is in a position to control or influence substantially the affairs of the respondent is not, or has ceased to be, a person of good repute, or in any other respect is not, or has ceased to be a fit and proper person to exercise such control or influence in respect of a body corporate that is the holder of an accreditation under this Act; or\n\t(iii)\thas ceased to be eligible for any other reason to hold an accreditation under this Act; or\n\t(iv)\thas breached, or failed to comply with, a code of practice under this Act, or otherwise has breached, or failed to comply with, a condition to which his or her accreditation is subject; or\n\t(v)\thas breached, or failed to comply with, a provision of this Act; or\n\t(vi)\thas breached, or failed to comply with or satisfy, any other requirement, standard, criteria, qualification or condition prescribed by the regulations for the purposes of this provision.\n\t(3)\tIf, after conducting an inquiry under this section, the Standards Committee is satisfied that proper cause exists for disciplinary action, the Standards Committee may exercise one or more of the following powers:\n\t(a)\tthe Standards Committee may reprimand the respondent;\n\t(b)\tthe Standards Committee may require the respondent to pay to the Consolidated Account a fine not exceeding $5000 (recoverable by the Crown as a debt);\n\t(c)\tif the respondent is an accredited person, the Standards Committee may—\n\t(i)\tattach conditions to the accreditation;\n\t(ii)\tshorten the period of accreditation, or issue a temporary accreditation, and warn the respondent that if further grounds for disciplinary action arise, the respondent will be liable to be disqualified from holding an accreditation under this Act;\n\t(iii)\tsuspend the accreditation for a specified period, until the fulfilment of specified conditions, or until further order;\n\t(iv)\trevoke the accreditation;\n\t(d)\tthe Standards Committee may disqualify the respondent from holding an accreditation under this Act—\n\t(i)\tpermanently; or\n\t(ii)\tfor a specified period; or\n\t(iii)\tuntil the fulfilment of specified conditions; or\n\t(iv)\tuntil further order.\n\t(4)\tThe powers conferred by this section may be exercised in relation to conduct occurring before or after the commencement of this Act.\n\t(5)\tThe Standards Committee must not revoke or suspend the accreditation of a person who is the holder of a service contract under Part 5 except with the concurrence of the Minister.\n\t(6)\tThe Minister is not obliged to conduct a hearing or invite submissions for the purpose of deciding whether or not to give his or her concurrence under subsection (5).\n\t(7)\tA person who has had his or her accreditation suspended is not an accredited person during the period of suspension.\n\t(8)\tWhere the Standards Committee revokes an accreditation under this section, the Standards Committee may stipulate that the revocation is to have effect at a future time specified by the Standards Committee and impose conditions as to the conduct of any activity under that accreditation until that time.\n\t(9)\tIf a condition is imposed by the Standards Committee under this section, the respondent must not contravene or fail to comply with the condition.\n37—Related matters\n\t(1)\tIn the exercise of powers under this Division, the Standards Committee—\n\t(a)\tmust act according to equity, good conscience and the substantial merits of the case without regard to technicalities and legal forms; and\n\t(b)\tis not bound by the rules of evidence, but may inform itself on any matter in such manner as it thinks fit.\n\t(2)\tThe Standards Committee may, for the purpose of any proceedings under this Division—\n\t(a)\tby summons signed by a member of the Standards Committee, require the attendance of any person, or require the production of any document, object or material; and\n\t(b)\trequire any person who appears in connection with the proceedings to answer any relevant question; and\n\t(c)\trequire any person to make an oath or affirmation to answer truthfully any question put by the Standards Committee.\n\t(3)\tIf a person—\n\t(a)\twho has been served with a summons fails without reasonable excuse to attend in obedience to the summons; or\n\t(b)\twho has been served with a summons to produce any document, object or material, fails without reasonable excuse to comply with the summons; or\n\t(c)\tmisbehaves during any proceedings, or interrupts any proceedings; or\n\t(d)\trefuses to answer any relevant question when required to do so under this section; or\n\t(e)\trefuses to be sworn or to affirm,\nthat person is guilty of an offence.\nPenalty: Division 5 fine.\n\t(4)\tA person is not obliged—\n\t(a)\tto answer a question under this section if the answer would tend to incriminate that person of an offence, or to produce a document, object or material if it or its contents would tend to incriminate that person of an offence; or\n\t(b)\tto provide information under this section that is privileged on the ground of legal professional privilege.\n\t(5)\tExcept as provided by this section, proceedings under this Division may be conducted in such manner as the Standards Committee determines.\n\t(6)\tThe Standards Committee must prepare and publish information to assist persons who may be the subject of proceedings under this Division.\n","sortOrder":7},{"sectionNumber":"Div 6","sectionType":"division","heading":"Appeals","content":"Division 6—Appeals\n38—Appeals\n\t(1)\tA person—\n\t(a)\twhose application for accreditation under this Part has been refused; or\n\t(b)\twho is an accredited person and is aggrieved by a decision under this Part with respect to—\n\t(i)\tthe conditions imposed with respect to the accreditation, or a variation or proposed variation of them; or\n\t(ii)\tthe variation of the accreditation; or\n\t(c)\twho is (or has been) an accredited person and is aggrieved by a decision of the Standards Committee under Division 5,\nmay appeal to the District Court.\n\t(2)\tA right of appeal does not lie against a decision to suspend or revoke a temporary accreditation.\n\t(4)\tAn appeal must be instituted within one month of the making of the decision appealed against.\n\t(5)\tThe Minister or the Standards Committee must, if so required by a person affected by a decision made by the Minister or the Standards Committee (as the case may be), state in writing the reasons for the decision.\n\t(6)\tIf reasons are not given in writing at the time of making a decision and the person affected by the decision requires (within one month of the making of the decision) the Minister or the Standards Committee (as the case requires) to state the reasons in writing, the time for instituting an appeal runs from the time at which the person receives the written statement of those reasons.\n","sortOrder":8},{"sectionNumber":"Part 5","sectionType":"part","heading":"Regular passenger services","content":"Part 5—Regular passenger services\n39—Service contracts\n\t(1)\tThe terms and conditions on which a regular passenger service is to be operated within, or partly within, the State are to be set out in a contract (a service contract) entered into between a person who holds an appropriate accreditation under this Act and the Minister (on behalf of the Crown).\n\t(2)\tThe Minister may invite contracts by tender or in such other manner as the Minister thinks fit.\n\t(2a)\tIf the Minister determines that a service contract should be awarded by tender—\n\t(a)\tthe Minister must appoint a person or persons to conduct the process, including the assessment of any responses to the tender (although the Minister may respond to any issue referred to the Minister for his or her consideration or determination, and may select the successful tenderer (if any) at an appropriate time); and\n\t(b)\tthe Minister must, within 14 days after the relevant invitation is published, forward to the Economic and Finance Committee of the Parliament a report which—\n\t(i)\tsets out the specifications and terms of the tender; and\n\t(ii)\tdescribes the processes that are to apply with respect to the assessment of any responses; and\n\t(iii)\tprovides information on the person or persons appointed under paragraph (a); and\n\t(iv)\tcontains such other information as the Minister thinks fit,\n(and the Economic and Finance Committee may then inquire into, and report on, the matter as the Committee thinks fit); and\n\t(c)\tif the Minister gives a direction to any person during the assessment or selection process, then the Minister must cause a statement of the fact of that direction—\n\t(i)\tto be forwarded to the Economic and Finance Committee within 14 days after the direction is given; and\n\t(ii)\tto be published in the annual report of the Minister's department for the relevant financial year.\n\t(3)\tThe Minister, in awarding service contracts under this Part—\n\t(a)\tin any case involving a contract or contracts for the provision of regular passenger services as part of the operation of the public transport system within Metropolitan Adelaide—must take into account the following principles (and may take into account other principles):\n\t(i)\tservice contracts should not be awarded so as to allow a single operator to obtain a monopoly, or a market share that is close to a monopoly, in the provision of regular passenger services within Metropolitan Adelaide;\n\t(ii)\tsustainable competition in the provision of regular passenger services should be developed and maintained;\n\t(iii)\tthe integration of passenger transport services should be encouraged and enhanced;\n\t(iv)\tservice contracts should support the efficient operation of passenger transport services and promote innovation in the provision of services to meet the needs of customers;\n\t(b)\tin any other case—may take into account principles determined by the Minister and made known to interested persons.\n\t(3a)\tSubsection (3) is an expression of policy and does not give rise to rights or liabilities (whether of a substantive, procedural or other nature).\n\t(3b)\tThe Minister must, within 14 days after awarding a contract to which subsection (3)(a) applies, prepare a report which—\n\t(a)\tsets out the full name of the person to whom the contract has been awarded; and\n\t(b)\tprovides information on the term of the contract; and\n\t(c)\tidentifies the region or routes of operation under the contract; and\n\t(d)\tprovides information on the amount or amounts that will be payable by the Minister under the contract; and\n\t(e)\tprovides information on how the principles under subsection (3)(a) have been applied in the circumstances of the particular case; and\n\t(f)\tcontains such other information as may be required by the regulations or as the Minister thinks fit.\n\t(3c)\tThe Minister is not required to include in a report under subsection (3b)—\n\t(a)\tspecific amounts payable under a contract; or\n\t(b)\tother information of a commercial value the disclosure of which would diminish its value or unfairly advantage a person or persons in future dealings with the Minister.\n\t(3d)\tThe Minister must, within six sitting days after completing a report under subsection (3b), have copies of the report laid before both Houses of Parliament.\n\t(3e)\tIf under a service contract awarded under this section the Minister is, or is reasonably expected to be, liable to make payments equal to or exceeding $4 000 000 (in total) over the term of the contract, the Minister must, within 28 days after awarding the contract, forward to the Auditor-General—\n\t(a)\ta copy of the contract; and\n\t(b)\ta report which describes the processes that applied with respect to the awarding of the contract.\n\t(3f)\tThe Auditor-General must, within the period of 4 months after the receipt of a service contract and report under subsection (3e)—\n\t(a)\texamine the contract; and\n\t(b)\tprepare a report on the probity of the processes leading up to the awarding of the contract.\n\t(3g)\tSection 34 of the Public Finance and Audit Act 1987 applies with respect to the examination of a service contract, and the preparation of a report, under subsection (3f).\n\t(3h)\tThe Auditor-General must deliver copies of a report prepared under subsection (3f) to the President of the Legislative Council and the Speaker of the House of Assembly.\n\t(3i)\tThe President of the Legislative Council and the Speaker of the House of Assembly must, not later than the first sitting day after receiving a report under subsection (3h), lay copies of the report before their respective Houses of Parliament.\n\t(4)\tA person who operates a regular passenger service otherwise than under the authority of a service contract under this Act is guilty of an offence.\n40—Nature of contracts\n\t(1)\tA service contract must make provision with respect to—\n\t(a)\tthe period for which it operates; and\n\t(b)\tthe manner in which it may be terminated; and\n\t(c)\tstandards relating to the provision of services under the contract; and\n\t(d)\ta scale of service levels (determined according to such things as the periods of time during which services are to be operated, the extent of operation of services, and the frequency of operation of services during specified periods); and\n\t(e)\tthe fares to be charged; and\n\t(f)\tthe manner in which the holder of the service contract will be remunerated or gain revenue from the provision of services under the contract (including arrangements as to any subsidy); and\n\t(g)\tother matters required by this Act or the regulations to be specified in a service contract.\n\t(2)\tA service contract may make provision for or with respect to—\n\t(a)\treviewing or altering the fares or fare system in circumstances specified in the contract; and\n\t(b)\tmonetary or other penalties for breaches of the contract and the recovery of monetary penalties; and\n\t(c)\tbonds for the performance of the obligations, or specified obligations, under the contract; and\n\t(d)\tthe variation of the contract; and\n\t(e)\tthe renewal of the contract; and\n\t(f)\tsuch other matters as the parties think fit to include in the circumstances of the case.\n\t(3)\tThe contract may provide for the periodic review, in a manner and at such periods as the contract may specify, of any matter for the time being determined by or under it.\n\t(4)\tThe Minister must, for the purposes of subsection (1)(c), establish various standards that will apply to all service contracts of the same kind with a view to ensuring that standards relating to the provision of services are, so far as is reasonably practicable and appropriate, maintained at the highest possible levels.\n\t(5)\tThe Minister must, in relation to the fares payable by passengers on regular passenger services within Metropolitan Adelaide, ensure—\n\t(a)\tthat the standard adult fare allows for unlimited travel on regular passenger services provided within a specified zone or zones (subject to those services being available and stopping within that zone or those zones), for a specified period, or until the expiration of a specified period; and\n\t(b)\tthat concession fares do not exceed 60 per cent of the standard adult fare for the same service (if provided at the same time), subject to the qualification that this paragraph does not apply to special fares that are payable during a particular part of the day, that are set for special events or purposes, or that are excluded from the ambit of this paragraph by the regulations.\n\t(6)\tAn alteration to the fares or fare system under a service contract may only be undertaken as part of an across the board alteration of the fares or fare systems under all service contracts of the same kind that relate to Metropolitan Adelaide.\n41—Regions or routes of operation\n\t(1)\tA service contract must specify a region or route of operation.\n\t(2)\tA service contract may—\n\t(a)\tconfer on the holder of the contract an exclusive right to operate a regular passenger service of the relevant kind within the specified region, or on, or in proximity to, the specified route (or part of that region or route); and\n\t(b)\tprovide for other matters relevant to the operation of passenger transport services (including new services) within the specified region, or on, or in proximity to, the specified route.\n\t(3)\tA right conferred on the holder of a contract—\n\t(a)\tcannot affect or limit the ability of another person to operate a service of a kind specified by the regulations (or specified in the contract itself) during the term of the contract; and\n\t(b)\twill be subject to such other qualifications as may be prescribed by the regulations (or specified in the contract itself) during the term of contract.\n42—Assignment of rights under contract\n\t(1)\tThe holder of a service contract must not transfer, assign, subcontract or otherwise deal with a right, power or duty under the contract except with the consent of the Minister.\n\t(2)\tThe Minister must not consent to the transfer, assignment, subcontracting or other dealing unless it is satisfied—\n\t(a)\tthat adequate provision will be made for the operation of the relevant service; and\n\t(b)\tas to any other matter the Minister considers relevant.\n\t(3)\tA person to whom a right, power or duty under a service contract is transferred, assigned or subcontracted must, according to the extent and nature of the particular dealing, perform the obligations of the contract holder under the contract (and, unless otherwise determined by the Minister, will be taken to be a party to the contract).\n\t(4)\tA purported dealing in contravention of subsection (1) is void.\n43—Variation, suspension or cancellation of service contracts\n\t(1)\tA service contract may be varied, suspended or cancelled by the Minister if—\n\t(a)\tthere has been a serious or frequent failure to observe the terms and conditions of the contract; or\n\t(b)\tthe holder is convicted of an offence against this Act or the regulations.\n\t(2)\tA person who is the holder of a service contract and is aggrieved by a decision of the Minister under subsection (1) may appeal to the District Court.\n\t(3)\tDivision 6 of Part 4 will apply with respect to the appeal with such modifications or variations as may be necessary or appropriate, or as may be prescribed.\n\t(4)\tA service contract is automatically cancelled if the holder of the contract ceases to be an accredited person or ceases to be an accredited person of an appropriate kind.\n\t(5)\tNothing in this Act prevents the Minister from making such arrangements as the Minister thinks fit for the provision, by an accredited person, of temporary services (for a period not exceeding 12 months) in place of a regular passenger service for the time being discontinued by a variation, suspension or cancellation under this section.\n44—Fees\n\t(1)\tIn addition to any other fee payable under this Act (including any fee payable pursuant to a tender), the Minister may require the payment of—\n\t(a)\ta fee for lodging a tender under this Part; and\n\t(b)\ta fee for administering a service contract under this Part (which fee may vary from contract to contract, and may be payable from time to time during the term of the contract).\n\t(2)\tThe Minister may determine the amount of such a fee, subject to any limits prescribed by the regulations.\n","sortOrder":9},{"sectionNumber":"Part 5A","sectionType":"part","heading":"Special passenger services for events","content":"Part 5A—Special passenger services for events\n44A—Interpretation\nIn this Part—\ncommercial event means any event other than a community event;\ncommunity event means an event—\n\t(a)\tthat is open to the whole or a part of the community; and\n\t(b)\tat which attendance is free (whether a fee is charged to participate in the event or not); and\n\t(c)\tthat is run on a not‑for‑profit basis;\nDepartment means the administrative unit of the Public Service that is, under the Minister, responsible for the administration of this Act;\nevent means an event held after the commencement of this Part at a venue in Metropolitan Adelaide;\nmanager of a venue means—\n\t(a)\tthe prescribed person or body for the venue; or\n\t(b)\tif no such person or body is prescribed—the person or body which has the control and management of the venue;\norganiser of an event means the person or body primarily responsible for organising the event;\nspecial passenger service means an alteration of an existing regular passenger service, whether—\n\t(a)\tby adding to, supplementing, replacing, delaying or diverting an existing regular passenger service; or\n\t(b)\tby waiving or reducing fares (or substituting some other form of consideration) for such a service; or\n\t(c)\tby any other means.\n44B—Notification of event\n\t(1)\tIf—\n\t(a)\tthe manager of a venue at which an event is to be held—\n\t(i)\texpects at least 5 000 people to attend the venue during the period of the event; or\n\t(ii)\trequires a special passenger service, or is of the opinion that a special passenger service may be required, for the purposes of the event (including during any period necessary to set up or prepare for the event or to pack up or clean up after the event); or\n\t(b)\tthere are reasonable grounds to expect that a special passenger service will be required for the purposes of the event (including during any period necessary to set up or prepare for the event or to pack up or clean up after the event),\nthe manager must (subject to subsection (2)) notify the Minister of the event—\n\t(c)\tif the date on which, or the period during which, the event is to be held is set or known by the manager at least 6 months before the event is to be held—at least 6 months before the relevant date or period; or\n\t(d)\tin any other case—as soon as practicable after the date on which, or the period during which, the event is to be held is set or known by the manager.\n\t(2)\tIf the date on which, or the period during which, an event contemplated by subsection (1)(a) or (b) is to be held is known by the manager on the commencement of this section, the manager must notify the Minister of the event as soon as reasonably practicable after the commencement of this section.\n\t(3)\tNotification under subsection (1) or (2) may instead be given by the organiser of the event if the manager of the venue so agrees.\n\t(4)\tThe notification of the event must—\n\t(a)\tbe in writing in a form approved by the Minister; and\n\t(b)\tcontain the information about the event and any other details required by the Minister.\n\t(5)\tFor the purposes of this section, a copy of the approved notification form, together with information or details required by the Minister, may be published on the Department's website.\n44C—Planning for passenger transport services for events\n\t(1)\tAfter receiving notification of an event under this Part, the Minister may require the manager of the venue at which the event is to be held and the organiser of the event to consult with the Minister for the purposes of determining whether a special passenger service should be provided in relation to the event.\n\t(2)\tThe manager or the organiser must provide any additional information or details required by the Minister in connection with subsection (1).\n\t(3)\tWhen making a determination under subsection (1), the Minister must consider the following matters:\n\t(a)\tthe likely effect of the event on existing regular passenger services;\n\t(b)\tthe benefit to members of the public of South Australia (including those attending the event) from the provision of a special passenger service in relation to the event;\n\t(c)\tthe cost of providing such a service;\n\t(d)\tany other matter that the Minister thinks relevant.\n\t(4)\tIf—\n\t(a)\tthe Minister determines that a special passenger service should be provided in relation to an event; and\n\t(b)\tthe event is a commercial event,\nthe Minister may, after consulting with the manager of the venue and the organiser of the event, determine a fee (whether of a specified amount or an amount fixed in accordance with a specified formula) to be paid to the Minister for provision of the service.\n\t(5)\tA fee determined under this section must be paid by the manager of the venue within the time specified by the Minister, and any fee or part of a fee not paid within that time may be recovered by the Minister as a debt.\n\t(6)\tThe Minister may waive or reduce a fee payable under this section if the Minister considers it appropriate in the circumstances to do so.\n44D—Power of Minister to charge fee in certain circumstances\n\t(1)\tThis section applies where the Minister—\n\t(a)\thas not been notified of an event that is a commercial event; or\n\t(b)\thas been so notified but the manager of the venue at which the event is to be held has not consulted as required by the Minister under section 44C,\nand the Minister determines (on the basis of subsection (3) of that section) that a special passenger service should be provided in relation to the event.\n\t(2)\tThe Minister may, by notice in writing served on the manager of the venue, require the manager to pay, within the time specified in the notice, the fee for providing the service as determined by the Minister and specified in the notice.\n\t(3)\tThe Minister may recover as a debt from the manager the whole or any part of a fee required to be paid under subsection (2).\n44E—Recovery of costs by venue managers not prevented\nNothing in this Part prevents the manager of a venue at which an event in relation to which a special passenger service is provided from recovering, in the ordinary course of commerce, from the organiser of the event any costs for which the manager may be liable under this Part.\n","sortOrder":10},{"sectionNumber":"Part 6","sectionType":"part","heading":"Taxis","content":"Part 6—Taxis\n45—Requirement for licence\n\t(1)\tA person must not—\n\t(a)\toperate a passenger transport service by means of a vehicle that displays the word \"TAXI\", or any other word or combination of words that are determined by the Minister, by notice in the Gazette, to be subject to regulation under this provision; or\n\t(b)\tcause or permit a vehicle used for the purposes of a passenger transport service operated by the person to ply for hire or stand at a designated taxi-stand; or\n\t(c)\texcept as authorised by the Minister or the regulations, cause or permit a vehicle used for the purposes of a passenger transport service operated by the person to ply for hire in a public street, road or place; or\n\t(d)\texcept as authorised by the Minister or the regulations, operate a passenger transport service by means of a vehicle that is fitted with a taxi-meter,\nunless the person holds a licence for that vehicle under this Part.\n\t(2)\tA licence under this Part is not required for a vehicle if—\n\t(a)\tthe vehicle is licensed by a council, or any other authority prescribed by the regulations, for the purposes of a taxi service operated in an area outside Metropolitan Adelaide; and\n\t(b)\tthe area in which the vehicle is licensed to operate does not include an area (if any) prescribed by the regulations as an area for which a licence under this Part is required even though the area is outside Metropolitan Adelaide; and\n\t(c)\tthe vehicle—\n\t(i)\tis not used to provide a passenger transport service within Metropolitan Adelaide; or\n\t(ii)\tis only used to provide a passenger transport service within Metropolitan Adelaide by virtue of the fact that the vehicle carries a passenger who is travelling between a place within Metropolitan Adelaide and a place outside Metropolitan Adelaide (whether the journey is to or from Metropolitan Adelaide).\n\t(3)\tAn applicant for a licence must meet any requirement, standard, criteria, qualification or condition set out in the regulations and must satisfy the Minister as to any matter the Minister considers relevant.\n\t(4)\tIf a licence is issued for a vehicle under this Part—\n\t(a)\tthe vehicle must display the word \"TAXI\" in accordance with the regulations; and\n\t(b)\tthe fares to be charged or other arrangements for remuneration must comply with the regulations; and\n\t(c)\tthe vehicle must be fitted with a taxi-meter that complies with the regulations.\n\t(5)\tThe licence will be subject to such other conditions as the Minister thinks fit to impose in the circumstances of the particular case, or as the regulations may provide.\n\t(6)\tThe Minister may, if the Minister considers it appropriate to do so, by notice in writing to the holder of the licence, vary the conditions imposed by the Minister.\n\t(7)\tThe conditions of a licence may be varied by the addition, substitution or deletion of one or more conditions.\n\t(8)\tA person who—\n\t(a)\tcontravenes subsection (1); or\n\t(b)\tbeing the holder of a licence—\n\t(i)\tcontravenes or fails to comply with a requirement of subsection (4); or\n\t(ii)\tcontravenes or fails to comply with a condition of the licence,\n46—Applications for licences or renewals\n\t(1)\tAn application for a licence, or the renewal of a licence, under this Part must be made to the Minister in a manner and form determined by the Minister.\n\t(2)\tThe prescribed fee is payable to the Minister in respect of an application under this Part.\n\t(3)\tThe applicant must be an accredited person of an appropriate kind.\n47—Issue and term of licences\n\t(1)\tThe Minister may, on due application but subject to this Act and the regulations, issue or renew a licence under this Part.\n\t(2)\tA licence continues in force (unless sooner cancelled or surrendered) for a period of 12 months from the day on which it is granted or, in the case of a renewal of a licence, 12 months after the expiry of the term of the previous licence.\n\t(3)\tThe term of a licence commences—\n\t(a)\ton the day on which it is granted; or\n\t(b)\tif the licence is renewed on payment of the prescribed fee before the expiry of the term of the previous licence—on the expiry of the term of the previous licence; or\n\t(c)\tif the licence is renewed on payment of the prescribed fee after the expiry of the term of the previous licence—on payment of the prescribed fee.\n\t(4)\tA licence cannot be transferred, assigned, leased or otherwise dealt with (and a purported dealing in contravention of this subsection is void).\n\t(5)\tA licence may, if the regulations so provide, be of a prescribed kind or grade.\n48—Ability of Minister to determine fees\n\t(1)\tThe Minister may determine, in respect of licences of a specified kind or grade, that, in addition to the application fee, a fee is payable—\n\t(a)\ton the issue of a licence of that kind or grade; or\n\t(b)\ton a periodical basis during the term of a licence of that kind or grade; or\n\t(c)\ton a transfer, lease or other dealing with a licence of that kind or grade.\n\t(2)\tThe fee will be determined by the Minister, or calculated in a manner determined by the Minister, and is payable to the Minister in a manner determined by the Minister.\n\t(4)\tIf a person fails to pay a fee in accordance with a determination of the Minister, the Minister may, by notice in writing to the person, require him or her to make good the default and, in addition, to pay to the Minister the amount prescribed as a penalty for default.\n\t(5)\tIf a person fails to comply with a notice under subsection (4) within seven days after service of the notice, the relevant licence is, by force of this subsection, suspended until the person complies with the notice.\n\t(6)\tIf a person fails to comply with a notice under subsection (4) within one month after service of the notice, the relevant licence is, by force of this subsection, cancelled.\n49—Cancellation of licence at request of licensee\n\t(1)\tThe holder of a licence may, at any time, apply to the Minister for cancellation of the licence and payment of any applicable refund.\n\t(2)\tIf an application for cancellation of a licence is made and the holder of the licence complies with any requirements of the Minister in relation to the cancellation, the Minister must (subject to this section) cancel the licence and pay to the applicant a refund calculated in accordance with the regulations.\n50—Suspension or revocation of licences\n\t(1)\tA licence may be suspended or cancelled by the Minister if—\n\t(a)\tthe holder's accreditation is suspended or revoked under this Act; or\n\t(b)\tthe holder, or an agent or employee of the holder, contravenes or fails to comply with section 45(4), or with a condition of the licence; or\n\t(c)\tthe holder, or an agent or employee of the holder, contravenes or fails to comply with or satisfy, any requirement, standard, criteria, qualification or condition prescribed by the regulations for the purposes of this provision.\n\t(2)\tThe procedures set out in the regulations must be observed before the Minister suspends or cancels a licence under this section.\n51—Appeals\n\t(1)\tA person—\n\t(a)\twhose application for a licence under this Part has been refused; or\n\t(b)\twho is the holder of a licence and is aggrieved by a decision of the Minister with respect to the conditions imposed with respect to the licence, or a variation or proposed variation of them; or\n\t(c)\twho is the holder of a licence and is aggrieved by a decision of the Minister under section 49; or\n\t(d)\twho is (or has been) the holder of a licence and is aggrieved by a decision of the Minister under section 50,\nmay appeal to the District Court.\n\t(2)\tA right of appeal does not lie against a decision of the Minister to suspend or cancel a temporary licence.\n\t(3)\tDivision 6 of Part 4 will apply with respect to the appeal with such modifications or variations as may be necessary or appropriate, or as may be prescribed.\n52—False advertising\n\t(1)\tA person who does not hold a licence under this Part must not—\n\t(a)\thold himself or herself out as a person who can provide a taxi service for the transport of passengers; or\n\t(b)\tuse the word \"TAXI\", or any other word or combination of words that are determined by the Minister, by notice in the Gazette, to be subject to regulation under this provision, so as to imply, or lead persons reasonably to believe, that he or she can provide a taxi service for the transport of passengers.\n\t(2)\tSubsection (1) does not apply—\n\t(a)\tto an employee or agent of the holder of a licence who is acting in the course of his or her employment or agency; or\n\t(b)\tto a person who is not required to hold a licence under this Part by virtue of section 45(2); or\n\t(c)\tin any circumstance prescribed by the regulations.\n52AA—No compensation\nNo action lies against the State (whether an action for damages, equitable compensation, or otherwise) in relation to the abolition or diminution of taxi licences affected by or pursuant to—\n\t(a)\tthe Passenger Transport (Point to Point Transport Services) Amendment Act 2025; or\n\t(b)\tany provisions of a saving or transitional nature consequent on the enactment of that Act (whether contained in Schedule 2 of that Act or in regulations made under this Act).\n52AB—Scheme for buy-back or cancellation of perpetual licences\n\t(1)\tA licence in force immediately before the commencement of this section continues to have effect as if it were a licence under this Part and this Part applies to the licence (as in force on the commencement of this section or as subsequently renewed) subject to any modifications or conditions specified in the prescribed scheme applying to that kind or grade of licence.\n\t(2)\tThe Minister may, on or after a date specified in the prescribed scheme, cancel any licence referred to in subsection (1).\n\t(3)\tFor the avoidance of doubt (and without limiting subsection (1)), a prescribed scheme may provide—\n\t(a)\tthat section 47(2) does not apply to a kind or grade of licence (or to a specified class of licences of a particular kind or grade) and that such licences will continue to have effect in perpetuity or until the happening of a specified event; or\n\t(b)\tthat a provision or provisions of this Part as in force before the commencement of this section will continue to apply to a kind or grade of licence (or to a specified class of licences of a particular kind or grade); or\n\t(c)\tthat any provision or provisions of this Part will not apply or will apply in a different way to a kind or grade of licence (or to a specified class of licences of a particular kind or grade).\n\t(4)\tIn this section—\nprescribed scheme means a scheme determined by the Minister by notice in the Gazette to implement a government buy‑back or cancellation of taxi licences in force before the commencement of this section.\n","sortOrder":11},{"sectionNumber":"Part 6A","sectionType":"part","heading":"Non-cash payment surcharges","content":"Part 6A—Non-cash payment surcharges\n52A—Interpretation\nIn this Part—\nnon-cash payment surcharge means a fee or charge (however calculated)—\n\t(a)\tadded to the amount otherwise payable by the hirer of a point to point transport service because the amount payable for the hire is paid wholly or partly by the use of a debit, credit, pre-paid or charge card; or \n\t(b)\tpayable by a person in connection with the operation of a point to point transport service because an amount payable for the service is paid wholly or partly by the use of a debit, credit, pre-paid or charge card.\n52B—Non-cash payment surcharges\n\t(1)\tThe regulations may specify the maximum amount payable for a non-cash payment surcharge or surcharges for the same hiring of a point to point transport service.\n\t(2)\tWithout limiting subsection (1), a fee or charge may be a non-cash payment surcharge whether or not it is payable for accepting or processing payment made by the use of a debit, credit, pre-paid or charge card and whether or not the fee or charge is based on the amount payable for a hire.\n\t(3)\tA non-cash payment surcharge does not include a fee or charge imposed in respect of the use of a debit, credit, pre-paid or charge card by—\n\t(a)\ta participant in a designated payment system within the meaning of the Payment Systems (Regulation) Act 1998 of the Commonwealth; or\n\t(b)\ta person consistently with a voluntary undertaking given by the person to, and accepted by, the Reserve Bank of Australia.\n\t(4)\tThis section does not limit the operation of any regulation specifying a maximum fare for the hire of a point to point transport service.\n52C—Overcharging for non-cash payment surcharge\n\t(1)\tIf a non-cash payment surcharge that contravenes regulations made for the purposes of this Part is imposed, the following persons are guilty of an offence:\n\t(a)\tthe person who imposed the surcharge;\n\t(b)\tthe owner or driver of the vehicle used to provide the point to point transport service;\n\t(c)\tin the case of a point to point transport service that is operated pursuant to a licence under Part 6—the holder of the licence;\n\t(d)\tany person who provided or maintains any equipment installed in the vehicle used to provide the point to point transport service that enabled the surcharge to be imposed;\n\t(e)\tany person who manages or administers the whole or any part of the system under which the amounts due for the hiring concerned may be paid by the use of a debit, credit, pre-paid or charge card;\n\t(f)\ta person of a class prescribed by the regulations.\n\t(2)\tA person must not, in a vehicle used to provide a point to point transport service, collect or initiate the collection of a non-cash payment surcharge that contravenes regulations made for the purposes of this Part. \n\t(3)\tA person must not collect, for the purposes of or while providing a centralised booking service, a non-cash payment surcharge that contravenes regulations made for the purposes of this Part.\n\t(4)\tIt is a defence to an offence under this section if the defendant establishes that—\n\t(a)\tthe non-cash payment surcharge was imposed or collected, or its collection was initiated, by another person; and\n\t(b)\tthe defendant did not know, and could not reasonably be expected to know, that the other person had charged or collected, or would initiate the charge or collection of, a non-cash payment surcharge in respect of that hiring.\n\t(5)\tThe maximum penalty that a court may impose for an offence against this section that is committed by a corporation is 5 times the maximum penalty that the court could, but for this subsection, impose as a penalty for the offence.\n52D—Maximum fares for taxis\n\t(1)\tThe regulations may prescribe—\n\t(a)\tmaximum fares to be charged in relation to taxi services or a method of calculating such fares; or\n\t(b)\ta maximum amount for any component of a fare to be charged in relation to taxi services or a method of calculating such amounts.\n\t(2)\tA regulation under this section may apply to taxi services generally or a specified class of taxi services.\n\t(3)\tA method prescribed by the regulations for the purposes of subsection (1)—\n\t(a)\tmay operate to increase or decrease the amount of a maximum fare, or component of a fare, that applied under a previous application of that method; or\n\t(b)\tmay operate such that it results in no increase to or decrease of the amount of a maximum fare, or component of a fare, that applied under a previous application of that method.\n\t(4)\tThe Minister may, by notice in the Gazette, approve an alteration to a prescribed maximum fare, or component of a fare, during any period specified in the notice and subject to any conditions specified in the notice.\n\t(5)\tThe regulations may provide for amounts (whether specified in the regulation or determined according to the discretion of an entity specified in the regulation) that can be charged in addition to the fare for a specified class of journey and any such amounts will not be taken into account in determining whether a maximum fare, or component of a fare, prescribed under this section has been exceeded for such a journey.\n","sortOrder":12},{"sectionNumber":"Part 7","sectionType":"part","heading":"Miscellaneous","content":"Part 7—Miscellaneous\n53—Authorised officers\n\t(1)\tThe Minister may appoint suitable persons to be authorised officers under this Act.\n\t(2)\tAn appointment under this section may be subject to any condition or limitation specified by the Minister.\n\t(3)\tA person appointed under this section must be issued with an identity card—\n\t(a)\tcontaining a photograph of the person; and\n\t(b)\tstating any limitations on the authorised officer's authority.\n\t(4)\tAn authorised officer must, at the request of a person in relation to whom the authorised officer intends to exercise a power under this Act, produce for the inspection of the person his or her identity card.\n\t(5)\tAn authorised officer may, as may reasonably be required in connection with the administration, operation or enforcement of this Act—\n\t(a)\tat any time, enter and inspect premises where there is, or where the authorised officer suspects on reasonable grounds that there is, a vehicle that is, or is to be, used for the purposes of a passenger transport service;\n\t(b)\tat any time, enter and inspect a vehicle that is, or that the authorised officer suspects on reasonable grounds is, a vehicle that is, or is to be, used for the purposes of a passenger transport service, and for that purpose require a vehicle to stop, or to be presented for inspection at a place and time specified by the authorised officer;\n\t(c)\tcarry out, or cause to be carried out, an examination or test of a vehicle;\n\t(d)\trequire a person to produce documents (which may include a written record reproducing in an understandable form information stored by computer, microfilm or other process);\n\t(e)\texamine, copy or take extracts from a document or information so produced or require a person to provide a copy of any such document or information;\n\t(f)\trequire a person to produce evidence of an accreditation or licence required under this Act, or a certificate or other authorisation required for the purposes of this Act;\n\t(g)\trequire a person to answer questions;\n\t(h)\trequire a person who is the owner of a vehicle, or apparently in charge of a vehicle, to answer questions put by the authorised officer for the purpose of obtaining information which may lead to the identification of the person who was driving the vehicle on any occasion;\n\t(i)\tgive directions reasonably required in connection with the exercise of a power conferred by any of the above paragraphs or otherwise in connection with the administration, operation or enforcement of this Act;\n\t(j)\texercise other prescribed powers.\n\t(6)\tAn authorised officer must not exercise the powers conferred by subsection (5)(a) in respect of premises that are domestic premises, or that are not the premises of the holder of an accreditation under this Act, except on the authority of a warrant issued by a magistrate unless the authorised officer believes, on reasonable grounds, that the circumstances require immediate action to be taken.\n\t(7)\tIn the exercise of powers under this section an authorised officer may be assisted by such persons as may be necessary or desirable in the circumstances.\n\t(8)\tAn occupier of premises must give to an authorised officer or a person assisting an authorised officer such assistance as is reasonably required for the effective exercise of a power conferred by this section.\n\t(9)\tSubject to subsections (10) and (11), a person who—\n\t(a)\twithout reasonable excuse, hinders or obstructs an authorised officer, or a person assisting an authorised officer, in the exercise of powers under this Act; or\n\t(b)\tuses abusive, threatening or insulting language to an authorised officer, or a person assisting an authorised officer; or\n\t(c)\twithout reasonable excuse, fails to obey a requirement or direction of an authorised officer under this Act; or\n\t(d)\twithout reasonable excuse, fails to answer, to the best of the person's knowledge, information and belief, a question put by an authorised officer; or\n\t(e)\tfalsely represents, by words or conduct, that he or she is an authorised officer,\n\t(10)\tA person is not obliged to answer a question or to produce, or provide a copy of, a document or information as required under this section that to do so might tend to incriminate the person or make the person liable to a penalty.\n\t(11)\tA person is not obliged to provide information under this section that is privileged on the ground of legal professional privilege.\n\t(12)\tAn authorised officer, or a person assisting an authorised officer, who, in the course of exercising powers under this Act—\n\t(a)\taddresses offensive language to any other person; or\n\t(b)\twithout lawful authority, hinders or obstructs or uses or threatens to use force in relation to any other person,\n54—Inspections\n\t(1)\tIn this section—\napproved vehicle inspector means—\n\t(a)\ta person who is accredited by the Minister as an approved vehicle inspector for the purposes of this section; or\n\t(b)\tan authorised officer who is approved by the Minister to act as an approved vehicle inspector for the purposes of this section;\noperator in relation to a vehicle to which this section applies (see subsection (2)) means the person who operates the passenger transport service for which the vehicle is used;\nprescribed requirements or standards includes requirements or standards determined and published by the Minister and made available to interested persons;\nrelevant fee means—\n\t(a)\tin relation to an inspection carried out by an approved vehicle inspector who is an authorised officer—the prescribed fee;\n\t(b)\tin any other case—a fee determined by agreement between the owner of the relevant vehicle and the approved vehicle inspector.\n\t(2)\tSubject to subsection (3), this section applies to any public passenger vehicle.\n\t(3)\tThe Minister may, by instrument in writing or by notice published in the Gazette—\n\t(a)\texempt a specified vehicle or vehicles of a specified class from this section (or from specified parts of this section);\n\t(b)\tvary or revoke an exemption under paragraph (a).\n\t(4)\tAn exemption under subsection (3) is subject to conditions and limitations (if any) determined by the Minister and specified in the instrument or notice of exemption.\n\t(5)\tThe operator of a vehicle to which this section applies must cause that vehicle to be inspected by an approved vehicle inspector at least once within each prescribed period or as the Minister may direct in a particular case.\n\t(6)\tSubject to this section, an approved vehicle inspector must, after inspection of a vehicle and on payment of the relevant fee, issue a certificate of inspection in the prescribed form in respect of that vehicle and, subject to this Act, that certificate remains in force until the expiration of the next period, specified in the certificate, within which the vehicle must be again inspected.\n\t(7)\tSubject to subsection (9), an approved vehicle inspector must not issue a certificate of inspection unless satisfied, to such extent as may be reasonable in the circumstances—\n\t(a)\tthat the vehicle does not have a mechanical defect or inadequacy that may render the vehicle unsafe; or\n\t(b)\tthat the vehicle provides reasonable comfort to passengers; or\n\t(c)\tthat the interior or exterior of the vehicle is reasonably clean and in good order or appearance; or\n\t(d)\tthat there is not a deficiency in a sign, meter or other equipment required to be fitted to the vehicle under this Act; or\n\t(e)\tthat the vehicle complies with prescribed requirements or standards relating to its safety, design, service, maintenance or condition,\n(and for the purposes of this subsection the inspector may rely on evidence of a prescribed kind).\n\t(8)\tSubject to subsection (9), an approved vehicle inspector may refuse a certificate of inspection where, in his or her opinion, the vehicle has not, since a certificate was last issued, been maintained in accordance with a prescribed scheme of maintenance that applies to the vehicle.\n\t(9)\tAn approved vehicle inspector may, instead of taking action under subsection (7) or (8), require that the vehicle be repaired or altered, or that other specified action be taken to rectify the vehicle, and then be resubmitted for inspection within a stated period and, pending that resubmission, may issue a temporary certificate.\n\t(10)\tIf a vehicle is not resubmitted in accordance with a requirement under subsection (9) or, on inspection, a vehicle that is subject to a requirement under subsection (9) is found to be unsatisfactory, the temporary certificate is, by force of this provision, revoked.\n\t(11)\tAn approved vehicle inspector may, when issuing a certificate under this section, attach such conditions to the certificate as he or she thinks fit.\n\t(12)\tAn authorised officer who is authorised by the Minister to exercise the powers under this subsection may at any time, by notice given to an owner or operator of a vehicle to which this section applies, direct that the vehicle be presented for inspection under this section at such place and time as is specified in the notice.\n\t(13)\tThe Minister may cancel a certificate if satisfied—\n\t(a)\tthat the vehicle to which the certificate relates does not comply with any standard or other requirement that applies under subsection (7); or\n\t(b)\tthat since the certificate was issued, there has been a failure to maintain the vehicle in accordance with a prescribed scheme of maintenance that applies to the vehicle; or\n\t(c)\tthat a condition of the certificate has been contravened or has not been complied with; or\n\t(d)\tthat a person has failed to comply with a notice given under subsection (12).\n\t(14)\tIf a vehicle to which this section applies is used to carry passengers (other than the driver) and the vehicle is not the subject of a current certificate under this section, the driver of the vehicle and any person by whom the driver is employed to drive the vehicle are each guilty of an offence.\n\t(15)\tA person who, without reasonable excuse—\n\t(a)\tcontravenes or fails to comply with a condition under subsection (4) or (11); or\n\t(b)\tfails to comply with subsection (5); or\n\t(c)\tfails to comply with a notice under subsection (12),\n\t(16)\tAn authorised officer or a member of the police force may require the driver of a vehicle to which this section applies to stop the vehicle for the purpose of permitting that officer or member of the police force to inspect the certificate of inspection required under this section.\n\t(17)\tThe Minister may, for the purposes of this section—\n\t(a)\testablish a scheme for the accreditation of persons as approved vehicle inspectors;\n\t(b)\testablish a code of practice to be observed by approved vehicle inspectors;\n\t(c)\trevoke a person's accreditation as an approved vehicle inspector in prescribed circumstances.\n\t(18)\tA person who contravenes a code of practice established under subsection (17) is guilty of an offence.\nPenalty: Division 5 fine.\nExpiation fee: $315.\n\t(19)\tThe Minister may recognise a certificate of inspection issued in respect of a vehicle under the law of another State or a Territory if the Minister is satisfied that the issuing body observes standards of safety comparable to those required under this Act or that it is otherwise appropriate to recognise the certificate for the purpose of this section.\n\t(20)\tA certificate of inspection recognised by the Minister under subsection (19) will be taken to be a certificate issued under this section.\n\t(21)\tA person who, as an approved vehicle inspector or authorised officer, performs an act in pursuance or purported pursuance of this section or omits to exercise a power conferred under this section, incurs no civil or criminal liability in respect of that act or omission if the person acted, or omitted to act, in good faith and with reasonable care.\n55—False information\n\t(1)\tA person who—\n\t(a)\tby a false statement or misrepresentation, obtains or attempts to obtain an accreditation or licence under this Act or procures or attempts to procure a service contract; or\n\t(b)\tforges or fraudulently alters or uses such an accreditation or licence; or\n\t(c)\tfraudulently allows such an accreditation or licence to be used by another person,\nPenalty: Division 4 fine.\n\t(2)\tA person who, in furnishing information required under this Act, makes a statement that is false or misleading in a material particular is guilty of an offence.\nPenalty: Division 5 fine.\n56—General offences\n\t(1)\tA person must not—\n\t(a)\tthrow or place an object that might impede the free passage of a vehicle operated for the purposes of a passenger transport service; or\n\t(b)\tinterfere with any structure, equipment, sign or notice necessary for the safe operation of a passenger transport service; or\n\t(c)\totherwise obstruct or impede the proper operation of a passenger transport service.\nPenalty: Division 4 fine.\n\t(2)\tIf an object may impede the free passage of a vehicle operated for the purposes of a passenger transport service, an employee of the person operating the service may take reasonable action to have the object removed.\n\t(3)\tA person must not, without lawful authority, damage or deface a public passenger vehicle, or any structure, equipment, materials, sign or notice used for the purpose of, or in connection with, a passenger transport service.\n\t(4)\tUpon conviction of a person for an offence against subsection (3), the court may order the convicted person to pay to the operator of the passenger transport service such amount as the court thinks just to compensate the operator for loss arising from the commission of the offence.\n\t(5)\tA person must not behave in a disorderly or offensive manner while in or on a public passenger vehicle.\nPenalty: Division 8 fine.\n\t(6)\tAn employee of the operator of a public passenger vehicle who has reason to believe that a person has committed an offence against subsection (5) may require that person to alight from the vehicle.\n\t(7)\tA person must comply with a requirement under subsection (6).\nPenalty: Division 8 fine.\n\t(8)\tIf a person who has been required to alight from a vehicle under subsection (6) fails to do so in accordance with that requirement, a member of the police force or a person who is authorised by the Minister to exercise powers under this subsection may exercise reasonable force to remove the person from the vehicle.\n57—Offenders to state name and address\n\t(1)\tA person reasonably suspected by a member of the police force or a prescribed officer to be committing or to have committed an offence against this Act may be required to state his or her full name and usual place of residence, and to produce evidence of his or her identity.\n\t(2)\tA person who—\n\t(a)\tfails or refuses to comply with a requirement made by a member of the police force or a prescribed officer under this section; or\n\t(b)\tin purported compliance with such a requirement, states a name that is not his or her name or an address that is not his or her usual place of residence,\n\t(3)\tA person is not guilty of an offence under this section unless it is established that the member of the police force or prescribed officer—\n\t(a)\twarned the person that a failure or refusal to comply with the requirement is an offence; and\n\t(b)\tproduced an official identity card for inspection by the person.\n\t(4)\tIn this section—\nprescribed officer means a person who is authorised by the Minister to exercise powers under this section.\n58—Liability of operators for acts or omissions of employees or agents\nFor the purposes of this Act, an act or omission of an employee or agent of a person who operates a passenger transport service will be taken to be an act or omission of that operator unless he or she proves that the employee or agent was not acting in the course of employment or agency.\n59—General provisions relating to offences\n\t(2)\tSubject to subsection (2a), a prosecution for an offence against this Act may be commenced at any time within two years after the date of the alleged commission of the offence or, with the authorisation of the Attorney-General, at a later time within three years after the date of the alleged commission of the offence.\n\t(2a)\tA prosecution for an offence against Schedule 2 may be commenced at any time within 5 years after the date of the alleged commission of the offence or, with the authorisation of the Attorney-General, at any later time.\n\t(3)\tAn apparently genuine document purporting to be signed by the Attorney-General and to authorise the commencement of proceedings for an offence against this Act will be accepted in any legal proceedings, in the absence of proof to the contrary, as proof of the authorisation.\n\t(8)\tNotwithstanding the Expiation of Offences Act 1987, an expiation notice may be given to a child who has attained the age of 15 years.\n61—Evidentiary provision\nIn proceedings, a certificate purporting to be executed by the Minister certifying as to a matter relating to—\n\t(a)\ta delegation or authority under this Act; or\n\t(b)\tan accreditation or licence, or lack of an accreditation or licence under this Act; or\n\t(c)\ta notice, requirement or direction of the Minister under this Act; or\n\t(d)\tthe receipt or non-receipt by the Minister of a notification, record or information required to be given, furnished or provided to the Minister under this Act,\nconstitutes proof, in the absence of proof to the contrary, of the matters so certified.\n62—Recovery of debts\n\t(1)\tA relevant debt amount is recoverable by the Minister as a debt due to the Crown.\n\t(2)\tIf 2 or more persons are jointly or severally liable to pay an amount referred to in subsection (1), the Minister may recover the whole of the amount from them, or any of them, or any 1 of them.\n\t(3)\tNothing in this Act prevents a person who is jointly or severally liable to pay an amount, and who pays the amount, to the Minister from recovering a contribution from any other person who is liable to pay the whole or part of that amount.\n\t(4)\tThis section is in addition to and does not derogate from the provisions of the Fines Enforcement and Debt Recovery Act 2017.\n\t(5)\tIn this section—\nrelevant debt amount means a fee, levy or other amount payable under this Act and includes—\n\t(a)\tany interest or penalty amounts payable under this Act; and\n\t(b)\tthe amount of any overpayment made by the Minister to a person under this Act as a result of any incorrect or false information provided by a person or any administrative error.\n62A—Point to point transport service transaction levy\nA point to point transport service transaction levy is payable as provided in Schedule 2.\n62B—Application of levy amounts\n\t(1)\tAmounts collected as point to point transport service transaction levy amounts under Schedule 2 may only be applied for any 1 or more of the following purposes:\n\t(a)\tthe provision of public transport services in the State;\n\t(b)\tthe administration and regulation of the passenger transport industry in the State;\n\t(c)\tmeasures to improve disability access to passenger transport services in the State;\n\t(d)\tthe facilitation of active transport in the State;\n\t(e)\timplementation of a prescribed scheme under section 52AB.\n\t(2)\tIn this section—\nactive transport means walking, bicycle riding, scooter riding or other self-propelled means of transportation.\n63—Registration of prescribed passenger vehicles\n\t(1)\tIn this section—\nnumber means—\n\t(a)\ta figure or combination of figures; or\n\t(b)\ta combination of letters of the alphabet; or\n\t(c)\ta combination of figures and letters of the alphabet;\nprescribed vehicle means a public passenger vehicle of a prescribed class;\nRegistrar means the Registrar of Motor Vehicles (or any person acting on behalf of the Registrar of Motor Vehicles).\n\t(2)\tDespite the Motor Vehicles Act 1959, the following provisions apply in relation to prescribed vehicles:\n\t(a)\tthe Registrar must for the purposes of this section register a prescribed vehicle for a period fixed by the Registrar with the approval of the Minister;\n\t(b)\tthe plates bearing the registered number assigned to a prescribed vehicle, and the number on those plates, must be of a colour approved by the Registrar and the Minister, and must bear any additional design, letters or figures determined by the Minister after consultation with the Registrar;\n\t(c)\tthe Minister may issue registration plates for a prescribed vehicle (or arrange for the Registrar to issue the plates on behalf of the Minister), and those plates will remain the property of the Minister;\n\t(d)\ta fee determined by the Minister is payable on the issue of plates under paragraph (c);\n\t(e)\tif a prescribed vehicle ceases to be a public passenger vehicle (whether by reason of the cancellation or suspension of an accreditation or licence under this Act, or for some other reason), the vehicle ceases to be entitled to bear the plates issued under this section;\n\t(f)\tunless satisfied that the applicant is the holder of a current and operative accreditation or licence in respect of a prescribed vehicle, the Registrar must not transfer the registration or issue a duplicate registration card in respect of a prescribed vehicle;\n\t(g)\ton an application for registration of a vehicle which has been, but has ceased to be, a prescribed vehicle, the Registrar must refuse to assign to the vehicle the registered number which the vehicle bore while it was a prescribed vehicle;\n\t(h)\tthe registered owner of a prescribed vehicle may, at any time, apply to the Registrar for cancellation of the registration of the vehicle and payment of any applicable refund;\n\t(i)\tif such an application is made and the registered owner complies with any requirements of the Registrar in relation to delivery or destruction of the registration label (if any) issued in relation to the vehicle, the Registrar must (subject to this section) cancel the registration and pay to the applicant any refund that would have been payable in respect of the cancellation if it had occurred under the provisions of the Motor Vehicles Act 1959;\n\t(j)\tthe Registrar must not deduct from any such refund a cancellation fee (if a cancellation fee could otherwise be deducted under the provisions of the Motor Vehicles Act 1959)—\n\t(i)\tif the registered owner of a motor vehicle applies for cancellation of its registration and at the same time applies for registration of the same vehicle as a prescribed vehicle; or\n\t(ii)\tif the registered owner of a prescribed vehicle applies for cancellation of its registration and at the same time applies for registration of the same vehicle as a motor vehicle.\n64—Regulations and fee notices\n\t(1)\tThe Governor may make regulations as contemplated by this Act, or as necessary or expedient for the purposes of this Act, including regulations that make provision for or in relation to any of the matters specified in Schedule 1.\n\t(2)\tThe regulations may—\n\t(a)\trefer to or incorporate, wholly or partially and with or without modification, a code, standard or other document prepared or published by a prescribed body, either as in force at the time the regulations are made or as in force from time to time; and\n\t(b)\tbe of general or limited application; and\n\t(c)\tmake different provision according to the persons, things or circumstances to which they are expressed to apply; and\n\t(d)\tprovide that a specified provision of this Act does not apply, or applies with prescribed variations, in any circumstance or situation (or circumstance or situation of a prescribed class) specified by the regulations, subject to any condition to which the regulations are expressed to be subject; and\n\t(e)\tprovide that any matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister or another prescribed authority; and\n\t(f)\tin relation to fees, prescribe differential fees or provide for fees to be determined according to prescribed factors and provide for their waiver, reduction or remission; and\n\t(g)\tmake provisions of a saving or transitional nature consequent on the enactment of the Passenger Transport (Point to Point Transport Services) Amendment Act 2025.\n\t(2a)\tThe Minister must ensure that consultation is undertaken (in such manner as the Minister thinks fit) with the following classes of persons before any designated regulation is made under this Act:\n\t(a)\tpersons who, in the opinion of the Minister, represent industries involved in the provision of passenger transport services;\n\t(b)\tpersons who, in the opinion of the Minister, represent consumers of passenger transport services (including consumers with disabilities or other special needs).\n\t(3)\tWhere the regulations refer to or incorporate a code, standard or other document prepared or published by a prescribed body—\n\t(a)\ta copy of the code, standard or other document must be kept available for inspection by members of the public, without charge and during normal office hours, at an office or offices specified in the regulations; and\n\t(b)\tin legal proceedings, evidence of the contents of the code, standard or other document may be given by production of a document purporting to be certified by or on behalf of the Minister as a true copy of the code, standard or other document; and\n\t(c)\tthe code, standard or other document has effect as if it were a regulation made under this Act.\n\t(4)\tThe Minister may prescribe fees for the purposes of this Act by fee notice under the Legislation (Fees) Act 2019.\n\t(5)\tA fee notice may prescribe a fee by specifying an amount or by setting out the manner in which the fee amount is to be calculated.\n\t(6)\tA fee notice may provide for the waiver, reduction or remission of fees.\n\t(7)\tIn this section—\ndesignated regulation means a regulation that is, in the opinion of the Minister, made for the purpose of implementing the Passenger Transport Act Review undertaken by the government of South Australia and published in August 2024.\nSchedule 1—Regulations\n1\tThe prescription of codes of practice to be observed by various persons for the purposes of this Act.\n2\tAccreditations, service contracts and licences under this Act, including—\n\t(a)\tmatters to which they may relate, and requirements (including requirements for driver training), standards, criteria, qualifications or conditions that must be satisfied in order for an accreditation, service contract or licence to be granted or renewed; and\n\t(b)\trequirements as to their form, and the terms, conditions and particulars applying under or with respect to them; and\n\t(c)\tthe forms and conditions to be observed when submitting applications or tenders for them; and\n\t(d)\tother matters relating to their award, refusal, variation, transfer, suspension, revocation, cancellation or surrender; and\n\t(e)\tconditions of service applicable to school bus services or in other special circumstances.\n3\tThe records and accounts to be kept by an accredited person, the holder of a service contract or the holder of a licence, the manner of keeping them and their inspection.\n4\tThe records, certificates and documents to be kept by the drivers and operators of public passenger vehicles, the manner of keeping those records, and their inspection.\n5\tThe furnishing of returns and other information (including business or commercial information), verified as prescribed.\n6\tFixing fees or charges to be paid in respect of any matter under this Act and the regulation of the payment, recovery, waiving or reduction of such fees or charges, or empowering the Minister to fix such fees or charges.\n7\tThe adjustment of payments and refunds in connection with contract and other fees.\n8\tThe prohibition or restriction of the use of public passenger vehicles on any specified public street, road or place, or any portion of a public street, road or place, or within any specified area, either generally or within certain hours.\n9\tThe sections, terminal points and stopping-places on any passenger transport route.\n10\tThe compilation, publication and observance of time-tables.\n11\tThe more effective checking of time-tables and ensuring that vehicles are not withdrawn from an ordinary route without the approval of the Minister.\n12\tThe safety, design, equipment, fittings (internal or external) and condition of public passenger vehicles and the prescription of various standards to which public passenger vehicles must conform.\n13\tThe maximum age of vehicles that may be used as public passenger vehicles.\n14\tEmpowering the Minister to require that public passenger vehicles display or be fitted with such notices, signs, equipment or other devices or fittings as the Minister thinks fit.\n15\tThe regulation or prohibition of the use of certain words, notices or signs in or on public passenger vehicles.\n16\tThe regulation or prohibition of advertisements within or on the outside of public passenger vehicles.\n17\tThe declaration of the speed not to be exceeded by public passenger vehicles whether generally or in a specified locality or on a specified public street, road or place or part of a public street, road or place.\n18\tThe erection and display of notices and signs for the guidance of the drivers of public passenger vehicles and the public.\n19\tThe number of public passenger vehicles of any class or description which may ply for hire or stand in a public street, road or place.\n20\tThe methods that may be adopted by the drivers of public passenger vehicles plying for hire in a public street, road or place and the regulation or prohibition of plying for hire in a particular street, road or place or part of a street, road or place.\n21\tThe use and control of taxi stands (including the power to prohibit the use of taxi stands by prescribed classes of vehicles or in prescribed circumstances).\n22\tProviding for the substitution of another vehicle, with the consent of the Minister, for a vehicle to which a licence under Part 6 relates, and making provision for the assignment of registration plates.\n","sortOrder":13},{"sectionNumber":"23","sectionType":"section","heading":"The method by which public passenger vehicles may be hailed or engaged.","content":"23\tThe method by which public passenger vehicles may be hailed or engaged.\n24\tThe means to identify public passenger vehicles operated under this Act and the holders of accreditations, contracts, licences or authorities under this Act, and the use or withdrawal of distinctive signs, notices or plates.\n25\tThe wearing of badges by drivers of public passenger vehicles, and by other personnel, and the regulation of the form and description, and the issue, wearing and return, of those badges.\n","sortOrder":14},{"sectionNumber":"26","sectionType":"section","heading":"The dress to be worn by the drivers of public passenger vehicles, and by other personnel.","content":"26\tThe dress to be worn by the drivers of public passenger vehicles, and by other personnel.\n27\tThe powers and duties of drivers or conductors of public passenger vehicles, and of authorised officers and other authorised persons.\n28\tThe conduct of passengers, drivers, conductors and other persons in or on public passenger vehicles, or on land or premises associated with a passenger transport service.\n","sortOrder":15},{"sectionNumber":"29","sectionType":"section","heading":"The regulation or prohibition of the carriage of passengers standing in or on a public passenger vehicle.","content":"29\tThe regulation or prohibition of the carriage of passengers standing in or on a public passenger vehicle.\n30\tThe regulation or prohibition of the carriage of passengers' luggage or other goods, and animals, on public passenger vehicles.\n","sortOrder":16},{"sectionNumber":"31","sectionType":"section","heading":"The regulation or prohibition of eating, drinking, smoking or other activities in public passenger vehicles.","content":"31\tThe regulation or prohibition of eating, drinking, smoking or other activities in public passenger vehicles.\n32\tThe determination of rates of fares, charges or other arrangements for remuneration (including the mode of computing fares, charges or other rates of remuneration), and the collection of fares, charges or other remuneration, payable for the carriage of passengers, or of luggage or other goods, or empowering the Minister to determine those rates and provide for the collection of fares, charges or other remuneration, and providing that any fare, charge or other remuneration may be recovered by summary procedure in a court of summary jurisdiction.\n33\tThe publication of fares, charges or other arrangements for remuneration that must be paid or complied with by passengers on public passenger vehicles.\n","sortOrder":17},{"sectionNumber":"34","sectionType":"section","heading":"The sale of tickets and the conditions under which tickets must be sold.","content":"34\tThe sale of tickets and the conditions under which tickets must be sold.\n","sortOrder":18},{"sectionNumber":"35","sectionType":"section","heading":"The granting of free or concession passes on public passenger vehicles.","content":"35\tThe granting of free or concession passes on public passenger vehicles.\n36\tThe imposition of penalties for the failure, neglect or refusal by a passenger to pay any fare or charge or for quitting the public passenger vehicle before paying the fare or any other charge.\n37\tThe authority of drivers or other personnel, and of authorised officers or other authorised persons, to eject persons who are acting, or who appear to be acting, in contravention of a regulation from public passenger vehicles.\n38\tThe removal of luggage or goods left or abandoned on vehicles, land or premises associated with a passenger transport service, and the disposal of unclaimed luggage or goods.\n39\tGenerally, the regulation and control of public passenger vehicles, their drivers and passengers, and fixing conditions of travel to be observed by any person who uses a public passenger vehicle.\n40\tThe implementation of a scheme of maintenance work for public passenger vehicles.\n41\tThe examination and testing of public passenger vehicles, and of devices, equipment and fittings fitted to such vehicles.\n42\tThe ability of the Minister or an authorised person to require that a vehicle that does not comply with any standard or requirement under this Act not be used as a public passenger vehicle until it is brought up to standard.\n43\tThe procedures to be followed when a public passenger vehicle is transferred from one person to another.\n44\tThe procedures associated with any process under this Act.\n45\tThe recovery of amounts payable under this Act.\n46\tDefault charges to be paid if an amount payable under this Act is not paid within a time prescribed by the regulations.\n47\tThe form and service of notices under this Act.\n48\tThe provision of a notice to a person in prescribed circumstances.\n49\tEvidence in proceedings for an offence against the regulations.\n50\tThe imposition of fines, not exceeding a division 4 fine, for offences against the regulations.\n51\tThe fixing of expiation fees, not exceeding $500, for alleged offences against the regulations.\nSchedule 2—Point to point transport service transaction levy\n1—Interpretation\nIn this Schedule—\nassessment period means a period of 3 calendar months determined by the Minister or such other period as the Minister may determine for the purposes of this Schedule;\nbooking service means—\n\t(a)\ta centralised booking service; or\n\t(b)\ta booking office approved by the Minister under this Act to take bookings for point to point transport services;\npoint to point transport service transaction means—\n\t(a)\tthe taking of a booking for a point to point transport service; or\n\t(b)\tthe provision of a taxi service by a hiring made other than by use of a booking service;\npoint to point transport service transaction levy or levy—see clause 2;\nrelevant provider of a point to point transport service means—\n\t(a)\tin the case of a point to point transport service booked by use of a booking service—the operator of the booking service; or\n\t(b)\tin any other case—the operator of the point to point transport service.\n2—Liability to levy\n\t(1)\tA person who is a relevant provider of a point to point transport service during an assessment period must collect from persons using the service, and pay to the Minister, the point to point transport service transaction levy for that assessment period calculated in accordance with this clause.\n\t(2)\tA levy amount required to be collected from a person using a point to point transport service is separate from, and does not form part of, the fare or consideration payable by the person for the use of that service.\n\t(3)\tThe amount of the levy is the prescribed amount for each point to point transport service transaction that occurred in the assessment period for which the levy is payable.\n\t(4)\tThe levy for an assessment period must be paid at such times and in such manner as the Minister, by notice in the Gazette, directs.\n\t(5)\tThe Minister may, by further notice in the Gazette, vary or revoke a notice under subclause (4).\n\t(6)\tIf, in the opinion of the Minister, it is not reasonably practicable to determine the whole or part of the amount of the levy payable based on actual point to point transport service transactions during an assessment period, the amount payable may be calculated on an estimated basis in accordance with the regulations.\n\t(7)\tIf a person fails to pay a levy as required under this clause, the Minister may, by notice in writing, require the person to make good the default and, in addition, to pay to the Crown any interest or penalty amounts payable in accordance with the regulations.\n\t(8)\tA notice under subclause (7) must specify the period within which the amounts to which the notice relates must be paid.\n\t(9)\tA levy (including any interest or penalty amounts referred to in subclause (7)) payable by a person under this clause is recoverable by the Minister as a debt due to the Crown.\n3—Transactions for which levy is not payable\n\t(1)\tA person is not liable to pay the levy for taking a booking for a point to point transport service if—\n\t(a)\tthe booking is for a service that is to be provided by a taxi for which a licence under Part 6 is not required; or\n\t(b)\tthe booking is for a journey that commences outside Metropolitan Adelaide; or\n\t(c)\tthe service is not provided for any reason; or\n\t(d)\tanother person is already liable to pay the levy for taking a booking to provide the service.\n\t(2)\tThe taking of a booking for a point to point transport service to transport more than 1 passenger in a vehicle, or that results in the passengers being transported to different destinations, is to be taken to be 1 point to point transport service transaction.\n\t(3)\tA person is not liable to pay the levy for providing a taxi service if—\n\t(a)\tthe service is provided by a taxi for which a licence under Part 6 is not required; or\n\t(b)\tthe service is for a journey that commences outside Metropolitan Adelaide.\n4—Offences\n\t(1)\tA person must not evade or attempt to evade a payment required under this Schedule.\nMaximum penalty: Division 4 fine or imprisonment for 2 years.\n\t(2)\tA person who is a relevant provider during an assessment period must keep—\n\t(a)\tany records required by the regulations; and\n\t(b)\tany records necessary for an accurate assessment of the person's liability under this Schedule.\n\t(3)\tA person must not deliberately damage or destroy a record required to be kept under subclause (2).\n5—Arrangements for payment of levy\n\t(1)\tThe Minister may extend the time for payment of an amount required under this Schedule and may accept payment by instalments (whether or not such payment is permitted in accordance with the regulations).\n\t(2)\tA decision of the Minister under this clause may be made subject to conditions (for example, as to the payment of interest) determined by the Minister.\n6—No statute of limitation to apply\nNo statute of limitation bars or affects any action or remedy for recovery by the Minister of an amount liable to be paid under this Schedule.\n7—Offences by persons involved in management of corporations\n\t(1)\tIf a corporation is guilty of an offence against this Schedule, a person who is concerned in, or takes part in, the management of the corporation is guilty of an offence and liable to the same penalty as may be imposed for the principal offence when committed by a natural person unless the person proves that he or she could not by the exercise of due diligence have prevented the commission of the offence.\n\t(2)\tA person may be convicted of a contravention of a provision of this Schedule whether or not the corporation has been convicted of its contravention.\n\t(3)\tThis clause does not affect a liability imposed on a corporation for an offence committed by it against this Schedule.\n\t(4)\tFor the purposes of this clause, the following are persons who are concerned in, or take part in, the management of a corporation:\n\t(a)\ta director of the corporation;\n\t(b)\ta secretary of the corporation;\n\t(c)\ta receiver and manager of property of the corporation;\n\t(d)\tan official manager or deputy official manager of the corporation;\n\t(e)\ta liquidator of the corporation appointed in a voluntary winding up of the corporation;\n\t(f)\ta trustee or other person administering a compromise or arrangement made between the corporation and another person or other persons.\n\t(5)\tThe regulations may make provision in relation to the criminal liability of a person who is concerned in, or takes part in, the management of a corporation that is guilty of an offence against the regulations.\n8—Penalties for corporations\nThe maximum penalty that a court may impose for an offence against this Schedule, or regulations made for the purposes of this Schedule, that is committed by a corporation is 5 times the maximum penalty that the court could, but for this clause, impose as a penalty for the offence.\n9—Continuing offences\n\t(1)\tA person may be convicted of a second or subsequent offence for a failure to do an act (where the failure constitutes an offence against this Schedule or regulations made for the purposes of this Schedule) if the failure continues beyond the period or date in respect of which the person is convicted for the failure.\n\t(2)\tThe maximum penalty for the offence is the same whether it is a second or subsequent offence.\n10—Regulations\n\t(1)\tRegulations made for the purposes of this Schedule may—\n\t(a)\tprovide for the payment of the levy to the Minister (including for payment of the levy by instalments in respect of any assessment period); and\n\t(b)\tmake provision in relation to the collection of the levy by a relevant provider of a point to point transport service from persons using the service; and\n\t(c)\timpose requirements in relation to record keeping and the preparation and lodgment of returns; and\n\t(d)\tprescribe the form of any record or return; and\n\t(e)\tprescribe consequences for failure to lodge a return or other document required to be provided under the regulations (or for failure to lodge such a return or document at the required time) including requiring the payment of interest or a monetary penalty until the failure is rectified; and\n\t(f)\tprescribe exceptions to and exemptions from liability to the levy; and\n\t(g)\tprovide for the making of assessments of liability; and \n\t(h)\tprescribe circumstances in which there is an entitlement to a refund of the levy paid; and\n\t(i)\tprovide for revenue collected under this Schedule, or any portion of such revenue, to be paid into a specified fund or funds and applied for prescribed purposes or in a prescribed manner; and\n\t(j)\tmake any provision to regulate such a fund; and\n\t(k)\tprovide for evidentiary certificates relating to anything done under this Schedule or the regulations; and\n\t(l)\tmake any other provision that is necessary or expedient for the purposes of this Schedule.\n\t(2)\tA regulation providing for any revenue collected under this Part to be paid into a specified fund or funds and applied for prescribed purposes or in a prescribed manner is sufficient authority for the making of such payments without further appropriation.\n\t(3)\tThis clause has effect in addition to section 64.\n","sortOrder":19},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Public transport assets","content":"Schedule 3—Public transport assets\n1\tIf it is proposed to sell to a private sector body any property of a kind prescribed by clause 4 that, immediately before the commencement of this Act—\n\t(a)\tis held by or on behalf of the Crown; and\n\t(b)\tis used for the purposes of a passenger transport service,\nthen—\n\t(c)\tthe Minister must, at least two months before the proposed sale—\n\t(i)\tgive notice of the proposal in the Gazette, and in a newspaper circulating generally throughout the State; and\n\t(ii)\tprovide a written report on the proposed sale to the Economic and Finance Committee of the Parliament; and\n\t(d)\tif the sale proceeds it will be taken to be subject to the condition that the private sector body grant to the Minister an option to repurchase the property in the event of a proposed sale or other disposal of the property by the private sector body (being an option that prevails over any other option that may exist in relation to the property).\n","sortOrder":20},{"sectionNumber":"2","sectionType":"section","heading":"An option under clause 1 must provide as follows:","content":"2\tAn option under clause 1 must provide as follows:\n\t(a)\tif the private sector body proposes to sell or otherwise dispose of the property, the body will first give the Minister at least three months notice, in writing, of its proposal;\n\t(b)\tthe Minister will then have that three month period to decide whether or not to exercise the option;\n\t(c)\tif the Minister decides to exercise the option, the value of the property will be taken to be the market value of the property assuming that the property will be used for passenger transport purposes;\n\t(d)\tif the Minister decides not to exercise the option, the body may proceed to sell or otherwise dispose of the property on the open market,\n(and an option may include such other matters as the parties think fit).\n3\tHowever, clause 1 does not apply if the Minister has, by notice in the Gazette, declared that, in the Minister's opinion, the property is no longer reasonably required for passenger transport purposes (whether within the public sector or the private sector).\n3A\tIf it is proposed to transfer or assign to a private sector body or private sector bodies all or a major part of the rights of TransAdelaide under its service contracts with the Minister under this Act (when all of TransAdelaide's service contracts are considered together), then the Minister must, at least two months before the proposed transfer or assignment, provide a written report on the matter to the Economic and Finance Committee of the Parliament.\n3B\tFor the purposes of clause 3A, TransAdelaide will be taken to transfer or assign a major part of its rights under its service contracts if the effect of the relevant transaction or transactions would be to divest TransAdelaide of 50 per cent or more of the total revenue payable to TransAdelaide by the Minister under all of TransAdelaide's service contracts.\n","sortOrder":21},{"sectionNumber":"3C","sectionType":"section","heading":"However, clause 3A does not apply to—","content":"3C\tHowever, clause 3A does not apply to—\n\t(a)\ta transfer or assignment proposed by TransAdelaide for the purpose of entering into a joint venture or partnership arrangement; or\n\t(b)\ta transfer or assignment proposed for the purpose of a subcontracting arrangement; or\n\t(c)\ta transfer or assignment proposed by the Minister under section 39.\n","sortOrder":22},{"sectionNumber":"4","sectionType":"section","heading":"The following property is prescribed:","content":"4\tThe following property is prescribed:\n\t(a)\ttransport depots and interchanges (including any associated land);\n\t(b)\trailways, including all land, railway lines, bridges, culverts, structures, depot and servicing facilities, signalling, road protection and communication facilities, and other similar forms of works and facilities that are essential and integral to any railway system;\n\t(c)\tthe track commonly known as the O-Bahn Busway (from the Adelaide to Modbury), and all land, bridges, culverts, structures, depot and servicing facilities, signalling, road protection and communication facilities, and other similar forms of works and facilities that are essential and integral to that track;\n\t(d)\tthe tram track from Adelaide to Glenelg, and all land, bridges, culverts, structures, depot and servicing facilities, signalling, road protection and communication facilities, and other similar forms of works and facilities that are essential and integral to that track;\n\t(e)\tthe Operations Control Centre situated on the northern side of North Terrace, Adelaide.\n","sortOrder":23},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":"Transitional provisions","content":"Schedule 4—Transitional provisions\n3—Transitional provisions—State Transport Authority\n\t(1)\tThe Governor may, by proclamation—\n\t(a)\ttransfer real or personal property of the State Transport Authority (in the case of a transfer effected before the commencement of Schedule 2) or of TransAdelaide (in the case of a transfer effected after that commencement) to a Minister of the Crown, or an agency or instrumentality of the Crown;\n\t(b)\ttransfer the employment of a person who is employed by the State Transport Authority (in the case of a transfer effected before the commencement of Schedule 2) or by TransAdelaide (in the case of a transfer effected after that commencement) to an administrative unit of the Public Service, or an agency or instrumentality of the Crown.\n\t(2)\tThe Governor may, by proclamation, vest any rights or liabilities (whether vested or contingent) of the State Transport Authority (in the case of a transfer effected before the commencement of Schedule 2) or of TransAdelaide (in the case of a transfer effected after that commencement) in a Minister of the Crown, or an agency or instrumentality of the Crown.\n\t(3)\tThe Governor may, by further proclamation, vary or revoke a proclamation under subclause (1) or (2).\n\t(4)\tA proclamation under subclause (3) will, if the proclamation so provides, be taken to have had effect from the making of the original proclamation under subclause (1) or (2).\n\t(5)\tThe transfer of the employment of a person by a proclamation under this clause will be effected without reduction in salary and without loss of accrued or accruing rights in respect of employment.\n\t(6)\tSubclause (5) does not affect any process commenced for variation of a person's rights in respect of employment.\n\t(7)\tA reference in an instrument to the State Transport Authority will, according to its context, and subject to this Act, be construed as a reference—\n\t(b)\tto TransAdelaide; or\n\t(c)\tto a Minister of the Crown, or an agency or instrumentality of the Crown,\nas the case may require.\n5—Transitional provisions—Accreditations\n\t(5)\tTransAdelaide will be taken to hold an accreditation under this Act appropriate to the passenger transport services operated by it from time to time.\n8—Transitional provisions—Taxi-cab licences\n\t(1)\tA taxi-cab licence in force, immediately before the commencement of this provision, under the Metropolitan Taxi-Cab Act 1956, other than one designated under that Act as a hire car licence, will, on that commencement, be taken to be a licence issued under Part 6, conferring the same authority on its holder, as if this Act had been in force when the licence was issued.\n\t(2)\tThe regulations may provide for the designation of a licence under subclause (1) as a licence of a particular kind or grade.\n9—Centralised booking service membership\nA person who, immediately before 19 April 1994—\n\t(a)\twas licensed under another Act to operate a passenger transport service; and\n\t(b)\twas not a member of a booking service involving the use of a radio communication network,\ncannot be required to be a member of a centralised booking service under this Act.\n10—Transitional provisions—General\n\t(1)\tThe regulations may contain other provisions of a saving or transitional nature consequent on the enactment of this Act.\n\t(2)\tThe regulations may, for example, make provision for or with respect to the transitional application of any regulation imposing a limit on the age of a vehicle that may be used as a public passenger vehicle.\n\t(3)\tA regulation made under this Schedule may, if the regulation so provides, take effect from the date of assent to this Act or any later date.\n\t(4)\tTo the extent to which a regulation takes effect earlier than the day on which it is made, the regulation does not operate so as to—\n\t(a)\taffect, in a manner prejudicial to any person (other than the Crown or an agency or instrumentality of the Crown), the rights of that person existing before that day; or\n\t(b)\timpose liabilities on any person (other than the Crown or an agency or instrumentality of the Crown) in respect of anything done or omitted to be done before that day.\n\t(5)\tNo fees or stamp duty are payable in respect of the vesting of property under this Schedule, or in respect of any instrument evidencing or giving effect to such a vesting.\n\t(6)\tThe Acts Interpretation Act 1915 applies, except to the extent of any inconsistency with the provisions of this Act, to any repeal or amendment effected by this Act.\nLegislative history\nNotes\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Passenger Transport Act 1994 repealed the following:\nMetropolitan Taxi-Cab Act 1956\nState Transport Authority Act 1974\nLegislation amended by principal Act\nThe Passenger Transport Act 1994 amended the following:\nLocal Government Act 1934\nRoad Traffic Act 1961\nSuperannuation Act 1988\nTobacco Products Control Act 1986\nWrongs Act 1936\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n Passenger Transport Act 1994\n26.5.1994\n1.7.1994 (Gazette 30.6.1994 p1843) except ss 27, 28, 30—52, 54, 55, 62, 63 and cl 1(a), 2(a)(v), 2(b)(vii)—(xi) and 4—9 of Sch 4—1.8.1994 and except s 29—1.9.1994 (Gazette 28.7.1994 p170)\n Statutes Amendment (Community Titles) Act 1996\n9.5.1996\nPt 8 (ss 22 & 23)—4.11.1996 (Gazette 31.10.1996 p1460)\n Passenger Transport (Service Contracts) Amendment Act 1998\n TransAdelaide (Corporate Structure) Act 1998\n14.1.1999 (Gazette 14.1.1999 p378)\n District Court (Administrative and Disciplinary Division) Amendment Act 2000\n20.4.2000\nSch 1 (cl 28)—1.6.2000 (Gazette 18.5.2000 p2554)\n Passenger Transport (Dissolution of Passenger Transport Board) Amendment Act 2003\n4.12.2003\n1.1.2004 (Gazette 18.12.2003 p4525) \n Victoria Square Act 2005\n1.12.2005\nSch 3 (cl 2)—12.1.2006 (Gazette 12.1.2006 p44)\n Statute Law Revision Act 2008\n Statutes Amendment (Transport Portfolio) Act 2008\n26.6.2008\nPt 4 (ss 22—25)—25.9.2008 (Gazette 18.9.2008 p4504)\n Statutes Amendment (Budget 2010) Act 2010\n18.11.2010\nPt 7 (s 42)—1.7.2011 (Gazette 29.4.2011 p1289)\n Statutes Amendment (Directors' Liability) Act 2013\n23.5.2013\nPt 39 (ss 73—85)—17.6.2013 (Gazette 6.6.2013 p2498)\n Budget Measures Act 2014\n2.10.2014\nSch 1 (cl 24)—23.10.2014 (Gazette 23.10.2014 p6179)\n Statutes Amendment (Budget 2016) Act 2016\n8.12.2016\nPt 8 (ss 75—81)—3.4.2017 (Gazette 28.3.2017 p959)\nPassenger Transport (Point to Point Transport Services) Amendment Act 2025\n27.3.2025\n1.7.2025 (Gazette 29.5.2025 p1307) except ss 30, 31 & 37 insofar as it inserts s 52D—27.11.2025 (Gazette 27.11.2025 p4646) and except ss 3 to 29, 32, 34 to 36, 37 insofar as it inserts s 52E, 38 to 40, 43, 45, 46(1) to (3), (5) to (9), (11) to (14) & Schs 1 & 2—uncommenced\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\nPt 1\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\ns 4\n\ns 4(1)\n\nBoard\ndeleted by 54/2003 s 4(1)\nchauffeured vehicle service\ninserted by 57/2016 s 75(1)\ndesignated taxi-stand\namended by 54/2003 s 4(2)\nDistrict Court or Court\ninserted by 4/2000 s 9(1) (Sch 1 cl 28(a))\npoint to point transport service\ninserted by 57/2016 s 75(2)\nrelative\nspouse\nStandards Committee\ninserted by 54/2003 s 4(3)\ntaxi service\ninserted by 57/2016 s 75(3)\ns 4(3)\ns 5\n\ns 5(5)\namended by 16/2013 s 73\nPt 2\ndeleted by 54/2003 s 5\nPt 3\n\nsubstituted by 54/2003 s 6\nPt 3 Div 1\n\nsubstituted by 54/2003 s 7\ns 20\n\ns 20(1)\namended by 54/2003 s 8(1)—(3)\n\n(o) and (p) deleted by 54/2003 s 8(3)\ns 20(2)\ndeleted by 54/2003 s 8(4)\ns 21\ndeleted by 54/2003 s 9\nPt 3 Div 2\n\ns 22\n\ns 22(1)\nsubstituted by 54/2003 s 10(1)\ns 22(2)\namended by 38/1996 s 22\n4.11.1996\n\namended by 54/2003 s 10(2)—(5)\ns 22(3)\namended by 54/2003 s 10(6)\ns 22(4)\namended by 54/2003 s 10(7)\ns 22(5)\namended by 54/2003 s 10(8)\ns 22(6)\namended by 54/2003 s 10(9), (10)\ns 22(7)\namended by 54/2003 s 10(11)\ns 22(8)\namended by 54/2003 s 10(12)\ns 23\namended by 54/2003 s 11(1), (2)\ns 24\n\ns 24(1)\namended by 54/2003 s 12(1)\ns 24(2)\namended by 54/2003 s 12(2)\ns 24(3)\namended by 54/2003 s 12(3)\ns 24(4)\namended by 54/2003 s 12(4), (5)\ns 24(5)\namended by 54/2003 s 12(6)\nPt 3 Div 3\nsubstituted by 54/2003 s 13\nPt 4 Div 1\n\ns 27\n\ns 27(1)\namended by 16/2013 s 74\ns 27(3)\namended by 54/2003 s 14(1)\ns 27(4)\namended by 54/2003 s 14(2)\nPt 4 Div 2\n\ns 28\n\ns 28(1)\namended by 26/2008 s 22\n\namended by 16/2013 s 75\nPt 4 Div 3\n\ns 29\n\ns 29(2)\namended by 16/2013 s 76\ns 29(4)\namended by 54/2003 s 15(1)\ns 29(5)\namended by 54/2003 s 15(2)\nPt 4 Div 4\n\ns 30\n\ns 30(1)\nsubstituted by 54/2003 s 16(1)\ns 30(2)\namended by 54/2003 s 16(2), (3)\ns 30(3)\namended by 54/2003 s 16(4)\ns 30(4)\namended by 54/2003 s 16(5)\ns 30(5)\namended by 54/2003 s 16(6)\ns 31\n\ns 31(1)\namended by 54/2003 s 17(1)\ns 31(2)\namended by 54/2003 s 17(2)\ns 31(3)\namended by 54/2003 s 17(3)\ns 31(4)\namended by 54/2003 s 17(4), (5)\ns 31(6)\namended by 54/2003 s 17(6)\ns 31(7)\namended by 26/2008 s 23\n\namended by 16/2013 s 77\ns 32\n\ns 32(1)\namended by 54/2003 s 18(1)\ns 32(2)\namended by 54/2003 s 18(2)\ns 32(3)\namended by 54/2003 s 18(3)\ns 32(4)\namended by 54/2003 s 18(4)\ns 33\n\ns 33(1)\namended by 54/2003 s 19(1)\ns 33(2)\namended by 54/2003 s 19(2)\ns 34\n\ns 34(1)\namended by 54/2003 s 20(1)\ns 34(2)\namended by 54/2003 s 20(2)\ns 34(4)\namended by 54/2003 s 20(3)\ns 34(5)\namended by 54/2003 s 20(4)\ns 35\n\ns 35(1)\namended by 16/2013 s 78\ns 35(3)\namended by 54/2003 s 21(1)\ns 35(4)\namended by 54/2003 s 21(2)\ns 35(5)\namended by 54/2003 s 21(3)\nPt 4 Div 5\n\ns 35A\ninserted by 54/2003 s 22\ns 36\n\ns 36(1)\namended by 54/2003 s 23(1)\ns 36(1a)\ninserted by 54/2003 s 23(2)\ns 36(2)\namended by 57/2016 s 76\ns 36(3)\nsubstituted by 54/2003 s 23(3)\ns 36(5)\namended by 54/2003 s 23(4)\ns 36(8)\namended by 54/2003 s 23(5)\ns 36(9)\namended by 54/2003 s 23(6)\n\namended by 16/2013 s 79\ns 37\n\ns 37(1)\namended by 54/2003 s 24(1)\ns 37(2)\namended by 54/2003 s 24(2), (3)\ns 37(5)\namended by 54/2003 s 24(4)\ns 37(6)\namended by 54/2003 s 24(5)\nPt 4 Div 6\n\ns 38\n\ns 38(1)\namended by 4/2000 s 9(1) (Sch 1 cl 28(b))\n\namended by 54/2003 s 25(1), (2)\ns 38(2)\namended by 54/2003 s 25(3)\ns 38(3)\ndeleted by 4/2000 s 9(1) (Sch 1 cl 28(c))\ns 38(4)\namended by 4/2000 s 9(1) (Sch 1 cl 28(d))\ns 38(5) and (6)\nsubstituted by 54/2003 s 25(4)\ns 38(7)\ndeleted by 4/2000 s 9(1) (Sch 1 cl 28(e))\ns 38(8)\ndeleted by 4/2000 s 9(1) (Sch 1 cl 28(f))\ns 38(9)\ndeleted by 4/2000 s 9(1) (Sch 1 cl 28(g))\ns 38(10)\ndeleted by 4/2000 s 9(1) (Sch 1 cl 28(h))\nPt 5\n\ns 39\n\ns 39(1)\namended by 54/2003 s 26(1)\ns 39(2)\nsubstituted by 54/2003 s 26(2)\ns 39(2a)\ninserted by 54/2003 s 26(2)\ns 39(3)\nsubstituted by 75/1998 s 2\n\namended by 54/2003 s 26(3), (4)\ns 39(3a)\ns 39(3b)\n\namended by 54/2003 s 26(5)—(7)\ns 39(3c)\n\namended by 54/2003 s 26(8), (9)\ns 39(3d)\n\namended by 54/2003 s 26(10)\ns 39(3e)—(3i)\ninserted by 54/2003 s 26(11)\ns 39(4)\namended by 16/2013 s 80\ns 40\n\ns 40(4)\namended by 54/2003 s 27(1)\ns 40(5)\namended by 54/2003 s 27(2)\ns 40(7) and (8)\ndeleted by 54/2003 s 27(3)\ns 42\n\ns 42(1)\namended by 54/2003 s 28(1)\n\namended by 16/2013 s 81\ns 42(2)\namended by 54/2003 s 28(2), (3)\ns 42(3)\namended by 54/2003 s 28(4)\ns 43\n\ns 43(1)\namended by 54/2003 s 29(1)\ns 43(2)\namended by 4/2000 s 9(1) (Sch 1 cl 28(i))\n\namended by 54/2003 s 29(2)\ns 43(5)\namended by 54/2003 s 29(3)\ns 44\n\ns 44(1)\namended by 54/2003 s 30(1)\ns 44(2)\namended by 54/2003 s 30(2)\nPt 5A\ninserted by 11/2014 Sch 1 cl 24\n23.10.2014\nPt 6\n\ns 45\n\ns 45(1)\namended by 54/2003 s 31(1)—(3)\ns 45(3)\namended by 54/2003 s 31(4)\ns 45(5)\namended by 54/2003 s 31(5)\ns 45(6)\ninserted by 54/2003 s 31(6)\ns 45(8)\namended by 16/2013 s 82\ns 46\n\ns 46(1)\namended by 54/2003 s 32(1)\ns 46(2)\namended by 54/2003 s 32(2)\ns 47\n\ns 47(1)\namended by 54/2003 s 33(1)\ns 47(2)\namended by 54/2003 s 33(2)\n\namended by 16/2025 s 30(1)\ns 47(3)\namended by 54/2003 s 33(3)\n\ns 47(4)\ns 47(5)\ns 47(6)\namended by 54/2003 s 33(4)\n\ns 47(7)\namended by 54/2003 s 33(5)\n\ns 47(8)\ns 47(9)\namended by 54/2003 s 33(6)\n\ns 47(10)\namended by 54/2003 s 33(7)\n\ns 48\n\ns 48(1)\namended by 54/2003 s 34(1)\ns 48(2)\namended by 54/2003 s 34(2)\ns 48(3)\ndeleted by 54/2003 s 34(3)\ns 48(4)\namended by 54/2003 s 34(4)\ns 49 before substitution by 16/2025\n\ns 49(1)\namended by 54/2003 s 35(1)\n\namended by 16/2013 s 83\ns 49(2)\namended by 54/2003 s 35(2)\ns 49(3) \namended by 54/2003 s 35(3)\ns 49\nsubstituted by 16/2025 s 31\ns 50\n\ns 50(1)\namended by 54/2003 s 36(1)\ns 50(2)\namended by 54/2003 s 36(2)\ns 51\n\n51(1)\namended by 4/2000 s 9(1) (Sch 1 cl 28(j))\n\namended by 54/2003 s 37(1)\ns 51(2)\namended by 54/2003 s 37(2)\ns 52\n\ns 52(1)\namended by 54/2003 s 38\nss 52AA and 52AB\ninserted by 16/2025 s 33\nPt 6A\ninserted by 57/2016 s 77\ns 52D\ninserted by 16/2025 s 37\nPt 7\n\ns 54\n\ns 54(1)\n\napproved vehicle inspector\namended by 54/2003 s 39(1)\nprescribed requirements or standards\namended by 54/2003 s 39(2)\ns 54(3)\namended by 54/2003 s 39(3)\ns 54(4)\namended by 54/2003 s 39(4)\ns 54(5)\namended by 54/2003 s 39(5)\ns 54(12)\namended by 54/1003 s 39(6)\ns 54(13)\namended by 54/2003 s 39(7)\ns 54(14)\namended by 16/2013 s 84(1)\ns 54(15)\namended by 16/2013 s 84(2)\ns 54(17)\namended by 54/2003 s 39(8)\ns 54(18)\namended by 26/2008 s 24\n\namended by 16/2013 s 84(3)\ns 54(19)\namended by 54/2003 s 39(9), (10)\ns 54(20)\namended by 54/2003 s 39(11)\ns 56\n\ns 56(8)\namended by 54/2003 s 40\ns 57\n\ns 57(4)\n\nprescribed officer\namended by 54/2003 s 41\ns 59\n\ns 59(1)\ndeleted by 16/2013 s 85\ns 59(2)\namended by 57/2016 s 78(1)\ns 59(2a)\ninserted by 57/2016 s 78(2)\ns 59(4)—(7)\ndeleted by 54/2003 s 42\ns 60\ndeleted by 54/2003 s 43\ns 61\namended by 54/2003 s 44(1)—(3)\ns 62 before substitution by 16/2025\n\ns 62(1)\namended by 54/2003 s 45(1)—(4)\ns 62\nsubstituted by 16/2025 s 41\ns 62A\ninserted by 57/2016 s 79\ns 62B\ninserted by 16/2025 s 42\ns 63\n\ns 63(2)\namended by 54/2003 s 46\n\namended by 22/2010 s 42(1), (2)\n1.7.2011\ns 64\n\namended by 16/2025 s 44(1)\ns 64(2)\namended by 54/2003 s 47(1)\n\namended by 16/2025 s 44(2), (3)\ns 64(2a)\ninserted by 16/2025 s 44(4)\ns 64(4)\namended by 54/2003 s 47(2)\n\nsubstituted by 16/2025 s 44(5)\ns 64(5)—(7)\ninserted by 16/2025 s 44(5)\ns 65\ndeleted by 54/2003 s 48\nSch 1\n\nitem 6\namended by 54/2003 s 49(1)\nitem 11\namended by 54/2003 s 49(2)\nitem 14\namended by 54/2003 s 49(3)\nitem 22\namended by 54/2003 s 49(4)\nitem 32\namended by 54/2003 s 49(5)\nitem 42\namended by 54/2003 s 49(6)\nitem 50\nsubstituted by 57/2016 s 80\nitem 51\ninserted by 26/2008 s 25\nSch 2\namended by 38/1996 s 23\n4.11.1996\n\ndeleted by 79/1998 Sch cl 1\n\ninserted by 57/2016 s 81\ncl 2\namended by 16/2025 s 46(4)\ncl 4\namended by 16/2025 s 46(10)\nSch 3\n\nsubstituted by 79/1998 Sch cl 2(a)\ncl 1\namended by 79/1998 Sch cl 2(b)\ncl 3A\ninserted by 79/1998 Sch cl 2(c)\n\namended by 54/2003 s 50(1)\ncl 3B\ninserted by 79/1998 Sch cl 2(c)\n\namended by 54/2003 s 50(2)\ncl 3C\ninserted by 79/1998 Sch cl 2(c)\n\namended by 54/2003 s 50(3)\ncl 4\namended by 64/2005 Sch 3 cl 2\n12.1.2006\nSch 4\n\ncll 1 and 2\ndeleted by 54/1002 s 51(1)\ncl 3\n\ncl 3(1)\n(a)(i) deleted by 54/2003 s 51(2)\n\n(b)(i) deleted by 54/2003 s 51(3)\ncl 3(2)\n(a) deleted by 54/2003 s 51(4)\ncl 3(7)\n(a) deleted by 54/2003 s 51(5)\ncl 4\ncl 5\n\ncl 5(1)—(4)\ndeleted by 54/2003 s 51(6)\ncl 6\ncl 7\nHistorical versions\nReprint No 1—4.11.1996\n\nReprint No 2—17.12.1998\n\nReprint No 3—14.1.1999\n\nReprint No 4—1.6.2000\n\n12.1.2006\n\n1.7.2011\n\n23.10.2014\n\nAppendix—Divisional penalties and expiation fees\nAt the date of publication of this version divisional penalties and expiation fees are, as provided by section 28A of the Acts Interpretation Act 1915, as follows:\n\nDivision\nMaximum imprisonment\nMaximum fine\nExpiation fee\n15 years\n$60 000\n—\n10 years\n$40 000\n—\n7 years\n$30 000\n—\n4 years\n$15 000\n—\n2 years\n$8 000\n—\n1 year\n$4 000\n$300\n6 months\n$2 000\n$200\n3 months\n$1 000\n$150\n–\n$500\n$100\n–\n$200\n$75\n–\n$100\n$50\n–\n$50\n$25\nNote: This appendix is provided for convenience of reference only.","sortOrder":24}],"analysis":{"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2579},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"Originally enacted in 1994 to reform public sector transport and establish basic accreditation, the Act has significantly expanded beyond its original scope. It now regulates private point-to-point transport services (taxis and hire cars), imposes a transaction levy funding broader transport infrastructure, governs non-cash payment surcharges, manages taxi licence buy-back schemes (including denial of compensation for licence abolition), and coordinates special event transport planning. The 2025 amendments particularly demonstrate scope creep into financial regulation and compensation schemes."},"complexity_factors":["Multiple regulatory regimes combined in one Act: accreditation (Part 4), taxi licensing (Part 6), service contracts (Part 5), and transaction levies (Schedule 2)","Extensive delegation to regulations: Schedule 1 lists over 50 matters left to subordinate legislation, including safety standards, fare calculations, and vehicle age limits","47+ defined terms across section 4 and Schedule 2, including nested definitions (e.g., 'point to point transport service' depends on 'taxi service' and 'chauffeured vehicle service')","Fragmented structure due to amendments: Part 2 is deleted, Part 5A inserted later for events, Part 6A inserted for payment surcharges, creating non-sequential numbering","Complex transitional arrangements in Schedule 4 dealing with legacy taxi licences from the repealed Metropolitan Taxi-Cab Act 1956 and assets from the former State Transport Authority","Conditional disciplinary powers with nested exceptions: section 36 lists 10 categories of 'proper cause' for discipline, with sub-conditions (e.g., Ministerial concurrence required for contract holders)","Cross-references to at least 6 other Acts including Land Acquisition Act 1969, Motor Vehicles Act 1959, and Payment Systems (Regulation) Act 1998 (Cth)"],"plain_english_summary":"**What this law does**\n\nThe *Passenger Transport Act 1994* is South Australia’s main law governing buses, trains, trams, taxis, and hire cars (including app-based services like Uber). It creates a comprehensive system to regulate who can operate transport services, how they must run them, and how passengers are protected.\n\n**Who it affects**\n\n*   **Operators**: Companies running public bus services, charter buses, or booking services (dispatch apps and radio networks)\n*   **Drivers**: Anyone driving a taxi, bus, or other public passenger vehicle\n*   **Taxi owners**: People holding special licences to operate vehicles marked “TAXI” or fitted with taxi-meters (fare calculators)\n*   **Passengers**: Everyone using these services\n*   **Event organisers**: Those planning large events (5,000+ people) who must coordinate transport with the government\n\n**Key features**\n\n*   **Accreditation (official approval)**: Before operating, drivers and companies must prove they are “fit and proper” people, vehicles meet safety standards, and services are accessible to people with disabilities\n*   **Service contracts**: The Minister can contract private companies to run regular bus or train routes, with rules preventing any single company from gaining a monopoly\n*   **Taxi licensing**: Strict controls over who can use the word “TAXI,” ply for hire on streets, or use taxi-meters. Recent changes allow the government to buy back or cancel old perpetual licences without compensation\n*   **Point-to-point transaction levy**: A small fee collected on every taxi or hire car booking to fund public transport, disability access improvements, and active transport (walking/cycling)\n*   **Non-cash payment rules**: Limits on surcharges for paying by credit or debit card in taxis and hire cars\n*   **Enforcement**: Authorised officers can inspect vehicles, and the Passenger Transport Standards Committee (a disciplinary body) can fine operators, suspend accreditations, or disqualify drivers\n*   **Appeals**: People unhappy with accreditation or licensing decisions can appeal to the District Court\n\n**Why it matters**\n\nThis law ensures transport is safe, reliable, and accessible—particularly for people with disabilities or those in remote areas. It funds public transport improvements through levies on private hire services, regulates competition in the taxi industry, and ensures large events (like football matches) have adequate transport planning to avoid chaos."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The original 1994 Act focused on reforming public transport by introducing accreditation for operators and drivers, service contracts for regular services, and taxi licensing. Over time, it has expanded significantly to include: a transaction levy on point-to-point transport services (Schedule 2, inserted 2017), regulation of non-cash payment surcharges (Part 6A, 2017), a scheme for buy-back or cancellation of perpetual taxi licences (s 52AB, 2025), and special provisions for event passenger services (Part 5A, 2014). These additions go beyond the initial regulatory framework into detailed market intervention, revenue collection, and industry restructuring."},"complexity_factors":["Over 40 defined terms in the interpretation section","Cross-references between Parts (e.g., Part 4 accreditation referenced in Part 5 contracts)","Multiple accreditation and licence types with different conditions and penalties","Layered disciplinary powers with a committee, appeals, and Ministerial concurrence","Conditional logic in exemptions, exceptions to exceptions (e.g., s 5 exemptions, s 45(2) exceptions)","Extensive regulation-making power in Schedule 1 with 51 headings","Complex levy calculation and collection in Schedule 2","Transitional provisions in Schedule 4 that refer back to other Acts","Nested provisions within sections (e.g., s 54 inspections has multiple subsections and cross-references)","Historical amendments that add new parts (e.g., Part 5A, Part 6A) without full integration"],"plain_english_summary":"This South Australian law sets the rules for public transport services including buses, trains, trams, taxis, and ride-booking services (like Uber). It requires operators, drivers, and booking services to be accredited (officially approved) and taxis to be licensed. The government enters into contracts with operators for regular bus and train services. There are also rules about taxi fares, fees for non-cash payments, and a levy (a per-trip fee) on point-to-point transport services (taxis and ride-booking). The law establishes a committee that can discipline accredited operators or drivers. It gives the Minister broad powers to set standards, fees, and conditions, and to acquire land or carry out works for transport. The Act creates offences for operating without accreditation or a licence, and for interfering with transport services. It affects anyone who provides, drives for, or uses public transport in South Australia."},"summary":{"name":"Passenger Transport Act 1994","slug":"passenger-transport-act-1994","title_id":"passenger-transport-act-1994","version_id":106242,"analysis_type":"summary","content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"Complete in-force South Australian Act governing passenger transport accreditation, service contracts, and taxi licensing. Note: the shard prompt listed this title_id as 'passenger-transport-act-1994' -- this is the SA Act (not WA), confirmed by source text which begins 'South Australia Passenger Transport Act 1994'."},"complexity_factors":["Three-tier accreditation and licensing system with distinct criteria for operators, drivers, and booking services","Service contract regime for regular passenger services with competition principles and parliamentary accountability","Taxi licensing with separate treatment for Metropolitan Adelaide and regional areas","Point-to-point transport levy under Schedule 2 (inserted to capture rideshare/Uber-type services)","Interaction with multiple state and Commonwealth laws including Workplace Relations legislation (demonstrated by the Torrens Transit case)"],"plain_english_summary":"The Passenger Transport Act 1994 (SA) is the South Australian statute governing the regulation, accreditation, and licensing of passenger transport services in the state. Its objects include benefiting the public through a safe, accessible, efficient, and environmentally sound passenger transport network, and providing an accreditation system to ensure operator and driver standards across the industry.\n\nThe Act establishes three tiers of regulation. First, all operators of passenger transport services must hold an accreditation (Part 4, section 27). Drivers of public passenger vehicles must hold driver accreditation (section 28). Operators of centralised booking services (taxi dispatch services) must hold booking service accreditation (section 29). These accreditations attest to the fitness and propriety of the operator and their capacity to meet prescribed standards.\n\nSecond, operators of regular passenger services (bus and train routes) must enter into service contracts with the Minister (Part 5, section 39). A person cannot operate a regular passenger service without a service contract. The Minister must follow prescribed principles in awarding contracts in Metropolitan Adelaide, including avoiding monopolies and maintaining competition. Major contracts are subject to parliamentary reporting and Auditor-General review.\n\nThird, taxi-cab operators must hold a licence under Part 6 for each vehicle used as a taxi. Taxi licences are annual and subject to conditions set by the Minister.\n\nThe Act also regulates event transport planning (Part 5A), non-cash payment surcharges for taxis (Part 6A), and imposes a transaction levy on point-to-point transport services (Schedule 2). The Minister has extensive administration, ministerial acquisition, and infrastructure-provision powers. An authorised officer regime supports compliance inspections."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/passenger-transport-act-1994","history":"/api/acts/passenger-transport-act-1994/history","analysis":"/api/acts/passenger-transport-act-1994/analysis","conflicts":"/api/acts/passenger-transport-act-1994/conflicts","importantCases":"/api/acts/passenger-transport-act-1994/important-cases","documents":"/api/acts/passenger-transport-act-1994/documents"}}