Commercial Passenger Vehicle Industry Act 2017

Part 1—Preliminary

S. 1 substituted by No. 63/2017 s. 5.

1 Purposes

The main purposes of this Act are—

(a) to provide for a new regulatory framework for the regulation of the commercial passenger vehicle industry in Victoria, including—

(i) new safety duties for commercial passenger vehicle industry participants; and

(ii) registration schemes for commercial passenger vehicles and booking service providers; and

(iii) an accreditation scheme for drivers of commercial passenger vehicles; and

(iv) certain protections for—

(A) consumers of commercial passenger vehicle services; and

(B) drivers of commercial passenger vehicles; and

(b) to impose a levy on the carrying out of commercial passenger vehicle service transactions—

(i) to recover the cost of transitional assistance provided to certain participants in the commercial passenger vehicle industry; and

(ii) to partly fund the regulation of the commercial passenger vehicle industry.

2 Commencement

(1) This Act (except Part 2, Divisions 1, 2 and 3 of Part 3 and Division 4 of Part 4) comes into operation on the day after the day on which this Act receives the Royal Assent.

(2) Subject to subsection (3), Part 2, Divisions 1, 2 and 3 of Part 3 and Division 4 of Part 4 come into operation on a day or days to be proclaimed.

S. 2(3) amended by No. 63/2017 s. 6(1).

(3) If a provision referred to in subsection (2) does not come into operation before 1 July 2018, it comes into operation on that day.

Note to s. 2 inserted by No. 63/2017 s. 6(2).

This section reflects the commencement arrangements for the Act as originally enacted. Parts 3 and 4 were repealed by the Commercial Passenger Vehicle Industry Amendment (Further Reforms) Act 2017 after they came into operation. Section 20, as enacted, was repealed and re‑enacted by that Act as part of section 289.

S. 3 amended by No. 63/2017 s. 17(1).

3 Definitions

In this Act—

S. 3 def. of accredited driver inserted by No. 63/2017 s. 7(1).

accredited driver means a person who holds a driver accreditation;

S. 3 def. of affiliated service amended by No. 63/2017 s. 17(2)(a).

affiliated service means a service of any kind (other than a service constituted by the performance of an act referred to in section 7(1)(a) or (b)) provided under an affiliation agreement;

affiliated trip provider means a provider of an unbooked commercial passenger vehicle service who, for the purpose of facilitating the provision of services of that kind, obtains one or more affiliated services under an affiliation agreement with a provider of a booking service;

S. 3 def. of affiliation agreement amended by No. 63/2017 s. 17(2)(b).

affiliation agreement—see section 6;

S. 3 def. of associated driver inserted by No. 56/2025 s. 4.

associated driver, in relation to a booking service provider, means a driver of a motor vehicle who provides commercial passenger vehicle services through booking services provided by the provider;

S. 3 def. of Australian driver licence inserted by No. 30/2021 s. 15.

Australian driver licence has the same meaning as in the Road Safety Act 1986;

S. 3 def. of authorised officer inserted by No. 63/2017 s. 7(1).

authorised officer means a person appointed under section 125;

booked commercial passenger vehicle service means a commercial passenger vehicle service that is provided as a result of the provision of a booking service;

S. 3 def. of booking service amended by No. 63/2017 s. 17(2)(c).

booking service—see section 7;

S. 3 def. of booking service provider inserted by No. 63/2017 s. 7(1).

booking service provider means a person who provides a booking service;

bus has the meaning given by section 3(1) of the Bus Safety Act 2009;

bus service has the meaning given by section 3(1) of the Bus Safety Act 2009;

S. 3 def. of business day inserted by No. 63/2017 s. 7(1).

business day means a day other than—

(a) a Saturday or Sunday; or

(b) a day appointed under the Public Holidays Act 1993 as a public holiday or public half-holiday throughout the whole of Victoria;

S. 3 def. of category 1 offence inserted by No. 63/2017 s. 7(1).

category 1 offence means an offence listed in Part 1 of Schedule 1;

S. 3 def. of category 2 offence inserted by No. 63/2017 s. 7(1).

category 2 offence means an offence listed in Part 2 of Schedule 1;

S. 3 def. of category 3 offence inserted by No. 63/2017 s. 7(1).

category 3 offence means an offence listed in Part 3 of Schedule 1;

S. 3 def. of certificate of accreditation inserted by No. 63/2017 s. 7(1).

certificate of accreditation means a certificate issued under section 78;

S. 3 def. of charitable passenger service inserted by No. 63/2017 s. 7(1).

charitable passenger service means the carriage of one or more passengers on a journey to which each of the following applies—

(a) the main purpose of the journey is to carry the passengers;

(b) the journey is made for or on behalf of—

(i) a Council; or

(ii) a prescribed body, as part of its charitable or benevolent work or its work for the relief or welfare of members of the public;

(c) the driver receives no remuneration for the journey, except as provided by paragraph (d);

(d) the consideration for the carriage is merely the payment by a passenger, or the Council or prescribed body, of all or part of the costs incurred in making the journey with neither the driver nor any other person making a profit from the carriage;

S. 3 def. of commercial passenger vehicle substituted by No. 63/2017 s. 7(2)(a).

commercial passenger vehicle means a motor vehicle registered under Part 3;

S. 3 def. of commercial passenger vehicle safety inserted by No. 63/2017 s. 7(1).

commercial passenger vehicle safety means safety associated with the provision of commercial passenger vehicle services;

S. 3 def. of commercial passenger vehicle service substituted by No. 63/2017 s. 7(2)(b), amended by No. 63/2017 s. 17(2)(d).

commercial passenger vehicle service—see section 4;

commercial passenger vehicle service transaction means the provision for a single fare of—

(a) a booked commercial passenger vehicle service; or

(b) an unbooked commercial passenger vehicle service;

Commissioner means Commissioner of State Revenue referred to in section 62 of the Taxation Administration Act 1997;

S. 3 def. of company inserted by No. 63/2017 s. 7(1).

company has the meaning given by section 9 of the Corporations Act;

S. 3 def. of compliance and investigative purposes inserted by No. 63/2017 s. 7(1).

compliance and investigative purposes means purposes related to ascertaining whether an industry law has been or is being complied with;

S. 3 def. of
co-operative inserted by No. 63/2017 s. 7(1).

co-operative has the same meaning as in the Co‑operatives National Law (Victoria);

S. 3 def. of costs incurred in making the journey inserted by No. 63/2017 s. 7(1).

costs incurred in making the journey includes—

(a) fuel costs; and

(b) maintenance costs; and

(c) parking costs; and

(d) insurance costs; and

(e) vehicle depreciation;

S. 3 def. of Council inserted by No. 63/2017 s. 7(1).

Council has the meaning given by section 3(1) of the Local Government Act 1989;

S. 3 def. of Department inserted by No. 63/2017 s. 7(1), amended by Nos 49/2019 s. 186(Sch. 4 item 8.1(a)), 25/2025 s. 106(Sch. 1 item 8).

Department means the Department of Transport and Planning;

S. 3 def. of director inserted by No. 63/2017 s. 7(1).

director has the meaning given by section 9 of the Corporations Act;

S. 3 def. of disciplinary action inserted by No. 63/2017 s. 7(1).

disciplinary action—see section 215;

S. 3 def. of disciplinary notice inserted by No. 63/2017 s. 7(1).

disciplinary notice—see section 216(2);

S. 3 def. of disqualifying offence inserted by No. 63/2017 s. 7(1).

disqualifying offence means a category 1 offence, a category 2 offence or a category 3 offence;

S. 3 def. of drive inserted by No. 63/2017 s. 7(1).

drive, in relation to a motor vehicle, includes being in control of the vehicle;

S. 3 def. of driver accreditation inserted by No. 63/2017 s. 7(1), amended by No. 34/2023 s. 27.

driver accreditation means an accreditation under Part 5 and in Part 9 includes an accreditation under Part 4A of the Bus Safety Act 2009;

S. 3 def. of driver agreement inserted by No. 63/2017 s. 7(1).

driver agreement means an agreement made between the owner of a commercial passenger vehicle and another person (the driver) under which the driver is permitted to have possession of the commercial passenger vehicle for the purpose of driving it but does not include an agreement for the purchase of the vehicle or a contract of employment or of service;

ESC means the Essential Services Commission established by section 7 of the Essential Services Commission Act 2001;

S. 3 def. of exclusion order inserted by No. 63/2017 s. 7(1).

exclusion order means an order of a court under section 209;

S. 3 def. of FOI exempt document inserted by No. 63/2017 s. 7(1).

FOI exempt document means a document that—

(a) is given to the regulator by an agency (as defined in the Freedom of Information Act 1982) or a Minister; and

(b) is an exempt document under the Freedom of Information Act 1982 in the hands of the agency or Minister;

S. 3 def. of highway inserted by No. 63/2017 s. 7(1).

highway has the meaning given by section 3(1) of the Road Safety Act 1986;

S. 3 def. of hiring inserted by No. 63/2017 s. 7(1).

hiring, in relation to a commercial passenger vehicle, includes hiring the vehicle through the use of a booking service;

S. 3 def. of improvement notice inserted by No. 63/2017 s. 7(1).

improvement notice means a notice served under section 171;

S. 3 def. of incorporated association inserted by No. 63/2017 s. 7(1).

incorporated association has the meaning given by section 3 of the Associations Incorporation Reform Act 2012;

S. 3 def. of industry law inserted by No. 63/2017 s. 7(1).

industry law means—

(a) this Act; or

(b) the regulations; or

(c) section 81, 82, 83 or 83A of the Crimes Act 1958 but only in respect of conduct that constitutes or could constitute a contravention of any of those sections that arises out of—

(i) arranging, procuring or providing a commercial passenger vehicle service; or

(ii) processing or failing to process a payment for a commercial passenger vehicle service; or

(iii) making or failing to make a payment under a driver agreement; or

(iv) imposing a non-cash payment surcharge; or

(d) section 324 of the Crimes Act 1958 to the extent that it relates to—

(i) an offence against this Act or the regulations; or

(ii) an offence against a provision referred to in paragraph (c) constituted by conduct referred to in that paragraph; or

(e) the rules made under section 95D of the Road Safety Act 1986 as applying in relation to commercial passenger vehicle services; or

(f) regulations made under the Road Safety Act 1986 for the purposes of item 34 of Schedule 2 to that Act as those regulations apply in relation to commercial passenger vehicle services;

S. 3 def. of industry premises inserted by No. 63/2017 s. 7(1), amended by No. 63/2017 s. 17(2)(e).

industry premises—see section 5;

S. 3 def. of information inserted by No. 63/2017 s. 7(1).

information has the meaning given by section 3(1) of the Electronic Transactions (Victoria) Act 2000;

S. 3 def. of legal practitioner inserted by No. 63/2017 s. 7(1).

legal practitioner means an Australian legal practitioner;

S. 3 def. of levy amended by No. 63/2017 s. 17(2)(f).

levy means the levy imposed by section 235;

S. 3 def. of manager inserted by No. 63/2017 s. 7(1).

manager, in relation to an applicant for registration under Part 4 or a registered booking service provider, means a person who is concerned, or takes part, in the management of the activities to which the application or the registration relates, whether as an employee of the applicant or provider or otherwise;

S. 3 def. of monitoring, compliance and enforcement policy inserted by No. 63/2017 s. 7(1).

monitoring, compliance and enforcement policy means the policy referred to in section 275;

S. 3 def. of motor vehicle amended by No. 63/2017 s. 7(2)(c).

motor vehicle means a motor vehicle within the meaning of the Road Safety Act 1986 and includes a trailer attached to the vehicle but does not include a bus used to provide a bus service;

S. 3 def. of non-cash payment processing device inserted by No. 63/2017 s. 7(1).

non-cash payment processing device means a device—

(a) used, or intended to be used, to process a non-cash payment transaction; or

(b) that enables a non-cash payment transaction to be processed;

Examples

EFTPOS machine, smartphone, computer tablet.

S. 3 def. of non-cash payment processing service inserted by No. 63/2017 s. 7(1).

non-cash payment processing service means a service that facilitates the processing of a non-cash payment transaction but does not include a service relating to a fee or charge imposed in respect of the use of a credit card, charge card or debit card levied—

(a) by a participant in a designated payment system within the meaning of the Payment Systems (Regulation) Act 1998 of the Commonwealth and is of a kind covered by a standard in force under section 18 of that Act; or

(b) by a person who acts consistently with a voluntary undertaking given by the person to, and accepted by, the Reserve Bank of Australia;

S. 3 def. of non-cash payment surcharge inserted by No. 63/2017 s. 7(1).

non-cash payment surcharge—see section 112;

S. 3 def. of non-cash payment transaction inserted by No. 63/2017 s. 7(1).

non-cash payment transaction means the payment, other than by cash, of any amount due in respect of the hiring of a commercial passenger vehicle;

S. 3 def. of officer, in relation to a body corporate other than a company, co-operative or incorporated association inserted by No. 63/2017 s. 7(1).

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

S. 3 def. of officer, in relation to a company inserted by No. 63/2017 s. 7(1).

officer, in relation to a company, means—

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

(b) a person—

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

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

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

S. 3 def. of officer, in relation to a co-operative inserted by No. 63/2017 s. 7(1).

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

(a) a director or secretary of the co‑operative; or

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

S. 3 def. of officer, in relation to an incorporated association inserted by No. 63/2017 s. 7(1).

officer, in relation to an incorporated association, means—

(a) the secretary (as defined by section 3 of the Associations Incorporation Reform Act 2012) of the incorporated association; or

(b) a member of the committee (as defined by section 3 of the Associations Incorporation Reform Act 2012) of the incorporated association; or

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

S. 3 def. of owner inserted by No. 63/2017 s. 7(1).

owner of a commercial passenger vehicle—

(a) includes—

(i) a joint owner of the vehicle; and

(ii) any person who has the use of the vehicle under a hiring or hire‑purchase agreement; and

(iii) any person in whose name the vehicle is registered under the Road Safety Act 1986 or a corresponding law of another State or a Territory; but

(b) does not include an unpaid vendor of the vehicle under a hire-purchase agreement;

S. 3 def. of permission inserted by No. 63/2017 s. 7(1).

permission means—

(a) a commercial passenger vehicle registration under Part 3; or

(b) a booking service provider registration under Part 4; or

(c) a driver accreditation;

S. 3 def. of permission holder inserted by No. 63/2017 s. 7(1).

permission holder means—

(a) a person in whose name a motor vehicle is registered under Part 3; or

(b) a registered booking service provider; or

(c) an accredited driver;

S. 3 def. of person inserted by No. 63/2017 s. 7(1).

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

S. 3 def. of prescribed amount inserted by No. 63/2017 s. 7(1).

prescribed amount of a non-cash payment surcharge is—

(a) the maximum amount of the surcharge as determined by the ESC under Division 3 of Part 6; or

(b) until the first such determination, 5% of the amount that would be payable in respect of the hiring to which the surcharge relates if that amount were paid in cash;

S. 3 def. of prohibition notice inserted by No. 63/2017 s. 7(1).

prohibition notice means a notice served under section 180;

S. 3 def. of provider inserted by No. 63/2017 s. 7(1).

provider, of an unbooked commercial passenger vehicle service, means—

(a) the owner of the commercial passenger vehicle used in the provision of the service (relevant vehicle) if the driver of the relevant vehicle is an employee of the owner; or

(b) in any other case, the driver of the relevant vehicle;

S. 3 def. of public care objective inserted by No. 63/2017 s. 7(1).

public care objective—see section 69;

S. 3 def. of register of permission holders inserted by No. 63/2017 s. 7(1).

register of permission holders means the register kept by the regulator under section 227;

S. 3 def. of registered booking service provider inserted by No. 63/2017 s. 7(1).

registered booking service provider means a person registered under Part 4;

S. 3 def. of registered levy payer amended by No. 63/2017 s. 17(2)(g).

registered levy payer means a person who is registered by the Commissioner under section 240(4);

S. 3 def. of regulator inserted by No. 63/2017 s. 7(1), substituted by No. 34/2023 s. 127(Sch. 1 item 3.1(a)).

regulator means Safe Transport Victoria;

S. 3 def. of relevant person inserted by No. 63/2017 s. 7(1).

relevant person, in relation to an applicant for registration under Part 4 or a registered booking service provider, means—

(a) if the applicant or provider is an individual, each manager of the applicant or provider; or

(b) if the applicant or provider is a partnership, each partner and each manager of the applicant or provider; or

(c) if the applicant or provider is an unincorporated body or association other than a partnership, each member of the committee of management, and each manager, of the body or association; or

(d) if the applicant or provider is a company, a co-operative or an incorporated association, each officer and each manager of the company, co‑operative or incorporated association; or

(e) if the applicant or provider is a body corporate other than a company, co‑operative or incorporated association, each officer and each manager of the body corporate;

S. 3 def. of responsible person inserted by No. 63/2017 s. 7(1).

responsible person, in relation to an applicant for registration under Part 4 or a registered booking service provider, means—

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

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

S. 3 def. of retention period inserted by No. 63/2017 s. 7(1).

retention period, in relation to a thing seized under Part 7, means a period of 90 days after the seizure of the thing;

S. 3 def. of return period amended by No. 63/2017 s. 17(2)(h).

return period—see section 239;

S. 3 def. of Roads Corporation inserted by No. 63/2017 s. 7(1), repealed by No. 49/2019 s. 186(Sch. 4 item 8.1(b)).

S. 3 def. of Safe Transport Victoria inserted by No. 34/2023 s. 127(Sch. 1 item 3.1(b)).

Safe Transport Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;

S. 3 def. of Secretary inserted by No. 63/2017 s. 7(1).

Secretary means the Secretary to the Department;

S. 3 def. of supervisory intervention order inserted by No. 63/2017 s. 7(1).

supervisory intervention order means an order of a court under section 207;

S. 3 def. of traffic infringement inserted by No. 63/2017 s. 7(1).

traffic infringement has the meaning given by section 3(1) of the Road Safety Act 1986;

S. 3 def. of TSC repealed by No. 63/2017 s. 7(2)(d).

S. 3 def. of unbooked commercial passenger vehicle service amended by No. 63/2017 s. 7(2)(e).

unbooked commercial passenger vehicle service means a commercial passenger vehicle service that is provided other than as a result of the provision of a booking service;

S. 3 def. of vehicle pooling service inserted by No. 63/2017 s. 7(1).

vehicle pooling service means the carriage of one or more passengers on a journey to which each of the following applies—

(a) the carriage of the passengers is incidental to the main purpose of the journey;

(b) the carriage is not the result of touting for passengers by the driver or any other person on any highway;

(c) no more than 7 passengers are being carried;

(d) the consideration for the carriage is merely—

(i) an undertaking by a passenger to carry the driver, or a family member of the driver, on a similar journey on the same basis; or

(ii) the payment by a passenger of a share of the costs incurred in making the journey with neither the driver nor any other person making a profit from the carriage.

S. 3(2) repealed by No. 63/2017 s. 7(3).

S. 3A inserted by No. 63/2017 s. 8, renumbered as s. 4 by No. 63/2017 s. 14.

4 Meaning of *commercial passenger vehicle service*

(1) A commercial passenger vehicle service is the carriage, for a fare or other consideration, of one or more passengers in a motor vehicle on a journey that begins in Victoria and ends at one or more destinations (whether in or outside Victoria).

(2) Each of the following activities is also a commercial passenger vehicle service—

(a) doing either of the following things while being available to provide the service referred to in subsection (1)—

(i) driving a motor vehicle;

(ii) being in charge of a motor vehicle;

(b) driving a motor vehicle to collect a passenger referred to in subsection (1).

(3) None of the following things is a commercial passenger vehicle service—

(a) a charitable passenger service;

(b) a vehicle pooling service;

(c) driving a motor vehicle while being available to provide a charitable passenger service or a vehicle pooling service;

(d) driving a motor vehicle to collect a passenger for a charitable passenger service or a vehicle pooling service;

(e) the driving of a vehicle operated by or on behalf of and under the control of—

(i) an ambulance service created under section 23 of the Ambulance Services Act 1986 or listed in Schedule 1 to that Act; or

(ii) an ambulance service created under a law in force in another State or in a Territory of the Commonwealth;

S. 4(3)(f) amended by No. 29/2021 s. 35.

(f) the driving of a motor vehicle for the purposes of a non-emergency patient transport service (within the meaning of the Non-Emergency Patient Transport and First Aid Services Act 2003).

S. 3B inserted by No. 63/2017 s. 8, renumbered as s. 5 by No. 63/2017 s. 14.

5 Meaning of *industry premises*

(1) Industry premises are a building or facility used in connection with the provision of—

(a) a commercial passenger vehicle service; or

(b) a booking service; or

(c) a non-cash payment processing service.

(2) Residential premises are not industry premises.

S. 4 renumbered as s. 6 by No. 63/2017 s. 14.

6 Meaning of *affiliation agreement*

An affiliation agreement is an agreement between a person who provides a booking service (service provider) and a person who provides unbooked commercial passenger vehicle services (trip provider) that—

S. 6(a) amended by No. 63/2017 s. 17(3).

(a) whether or not it imposes any other obligation on the service provider, imposes an obligation on the service provider to maintain, on behalf of the trip provider, trip records of a kind suitable for the purposes of the returns required to be lodged under section 241(1) or 244(1); and

(b) specifies the amount the service provider will be paid for the provision by the service provider of each kind of service to be provided to the trip provider under the agreement; and

(c) contains an acknowledgement by the service provider that the service provider is responsible for lodging returns, being a registered levy payer and paying levies in respect of unbooked commercial passenger vehicle services provided by the trip provider while the agreement is in effect.

S. 5 renumbered as s. 7 by No. 63/2017 s. 14.

7 Meaning of *booking service*

(1) For the purposes of this Act, a person provides a booking service if the person carries on the business of—

(a) receiving requests for persons to be provided with commercial passenger vehicle services; and

(b) arranging or facilitating the acceptance of those requests by or on behalf of drivers of commercial passenger vehicles.

(2) In determining whether a person (the service provider) provides a booking service, it does not matter—

(a) whether or not the commercial passenger vehicle service is provided by the driver as an agent or employee of the service provider; or

(b) whether the agreement or arrangement in accordance with which the commercial passenger vehicle service is provided is between—

(i) the driver and the passenger; or

(ii) the service provider and either the driver or the passenger; or

(iii) any other persons; or

S. 7(2)(c) amended by No. 63/2017 s. 7(4).

(c) whether the fare or other consideration for the commercial passenger vehicle service is paid to the driver by—

(i) the service provider; or

(ii) the passenger; or

(iii) any other person; or

(d) whether or not an act referred to in subsection (1)(a) or (b) involves the use of a wholly or partly automated electronic system; or

(e) whether or not the service provider is located outside Victoria; or

(f) whether or not the service provider also receives requests for persons to be carried as passengers outside Victoria.

(3) A person who owns, operates or controls a wholly or partly automated electronic system that performs the acts referred to in subsection (1)(a) and (b) is taken to provide a booking service.

(4) A person prescribed for the purposes of this subsection is taken to provide a booking service.

(5) A person prescribed for the purposes of this subsection is taken not to provide a booking service despite anything to the contrary in the other provisions of this section.

S. 5A inserted by No. 63/2017 s. 9, renumbered as s. 8 by No. 63/2017 s. 14.

8 References in this Act to persons charged with an offence

In this Act, a reference to a person who has been charged with an offence is a reference to a person—

(a) against whom an indictment has been filed for the offence; or

(b) against whom a charge-sheet charging the offence has been filed, whether or not either of the following has been issued or served—

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

(ii) a warrant to arrest the person.

S. 5B inserted by No. 63/2017 s. 9, renumbered as s. 9 by No. 63/2017 s. 14.

9 References in this Act to charges not finally disposed of

In this Act, a reference to a charge that has not been finally disposed of is a reference to a charge that has not been finally dealt with by—

(a) being withdrawn or by the discontinuance of the prosecution; or

(b) being dismissed by a court; or

(c) the person charged being discharged by a court following a committal proceeding; or

(d) the person charged being acquitted or found guilty of the offence that was the subject of the charge by a court; or

(e) any other prescribed means.

S. 5C inserted by No. 63/2017 s. 9, renumbered as s. 10 by No. 63/2017 s. 14.

10 Objectives

The objectives of this Act are to promote—

(a) competition in the market for commercial passenger vehicle services; and

(b) commercial passenger vehicle safety; and

(c) the effective management of safety risks arising out of the provision of commercial passenger vehicle services; and

(d) continuous improvement in the management of commercial passenger vehicle safety; and

(e) public confidence in the safety of commercial passenger vehicle services; and

(f) the involvement of relevant stakeholders in commercial passenger vehicle safety; and

(g) a safety culture among persons who participate in the provision of commercial passenger vehicle services; and

(h) protections for users of commercial passenger vehicle services; and

(i) transparency in transactions for the provision of commercial passenger vehicle services.

S. 6 renumbered as s. 11 by No. 63/2017 s. 14, amended by No. 63/2017 s. 16(1).

11 Taxation Administration Act 1997

Part 11 is to be read together with the Taxation Administration Act 1997 which provides for the administration and enforcement of that Part and other taxation laws.

Note to s. 11 amended by No. 63/2017 s. 16(2).

Part 11 and any regulations made under this Act for the purposes of Part 11 are a taxation law under the Taxation Administration Act 1997.

S. 6A inserted by No. 63/2017 s. 10, renumbered as s. 12 by No. 63/2017 s. 14.

12 Transport Integration Act 2010

This Act is transport legislation within themeaning of the Transport Integration Act 2010.

S. 6B inserted by No. 63/2017 s. 10, renumbered as s. 13 by No. 63/2017 s. 14.

13 Interaction with the Occupational Health and Safety Act 2004

(1) If an OHS provision applies to an activity in respect of which a duty is imposed under Division 3 of Part 2, the OHS provision continues to apply and must be observed in addition to that Division and any regulations made under this Act for the purposes of that Division.

See also section 51 of the Interpretation of Legislation Act 1984.

(2) If a provision of this Act or the regulations made under this Act is inconsistent with an OHS provision, the OHS provision prevails to the extent of the inconsistency.

(3) Compliance with this Act or the regulations made under this Act, or with any requirement imposed under this Act or the regulations, is not in itself a defence in any proceedings for an offence against an OHS provision.

(4) Evidence of a relevant contravention of this Act or the regulations made under this Act is admissible in any proceedings for an offence against an OHS provision.

(5) In this section—

OHS provision means a provision of the Occupational Health and Safety Act 2004 or the regulations made underthat Act.

S. 7 renumbered as s. 14 by No. 63/2017 s. 14.

14 Act binds the Crown

This Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

S. 8 renumbered as s. 15 by No. 63/2017 s. 14.

15 Extraterritorial operation

(1) This Act applies in relation to—

(a) a commercial passenger vehicle service even if part of that service is provided outside Victoria; and

(b) a booking service provided wholly or partly outside Victoria, whether in or outside Australia.

(2) For the purpose of subsection (1), this Act applies outside Victoria to the full extent of the extraterritorial legislative power of the Parliament.

New Pt 2 (Headings and new
ss 16–35) inserted by No. 63/2017 s. 18.

Part 2—Safety principles and duties

Division 1—Principles of commercial passenger vehicle safety

New s. 16 inserted by No. 63/2017 s. 18.

16 Principle of shared responsibility

(1) Commercial passenger vehicle safety is the shared responsibility of—

(a) owners of motor vehicles used to provide commercial passenger vehicle services; and

(b) drivers of motor vehicles used to provide commercial passenger vehicle services; and

(c) booking service providers; and

(d) persons who have control over the provision of commercial passenger vehicle services; and

(e) suppliers of services and equipment to the commercial passenger vehicle industry; and

(f) the regulator; and

(g) members of the public.

(2) The level and nature of responsibility that a person referred to in subsection (1), or a person within a class of persons referred to in subsection (1), has for commercial passenger vehicle safety is dependent on—

(a) the nature of the risk to commercial passenger vehicle safety that the person creates from the carrying out of an activity or the making of a decision; and

(b) the capacity that that person has to control, eliminate or mitigate that risk or any other risk to commercial passenger vehicle safety.

New s. 17 inserted by No. 63/2017 s. 18.

17 Principle of accountability for managing safety risks

Managing risks associated with the provision of commercial passenger vehicle services is the responsibility of the person best able to control the risk.

New s. 18 inserted by No. 63/2017 s. 18.

18 Principle of enforcement

Enforcement of this Act and the regulations should be undertaken for the purpose of—

(a) protecting public safety; and

(b) promoting improvement in commercial passenger vehicle safety; and

(c) removing any incentive for unfair commercial advantage that might be derived from contravening the safety requirements under this Act or the regulations; and

(d) influencing the attitude and behaviour of persons whose actions may have adverse impacts on commercial passenger vehicle safety.

New s. 19 inserted by No. 63/2017 s. 18.

19 Principle of timeliness and transparency

Regulatory decision-making processes for the commercial passenger vehicle industry should be timely and transparent.

New s. 20 inserted by No. 63/2017 s. 18.

20 Principle of participation, consultation and involvement of all affected persons

The persons and classes of persons referred to in section 16(1) should—

(a) participate in or be able to participate in; and

(b) be consulted on; and

(c) be involved in—

the formulation and implementation of measures to manage risks to commercial passenger vehicle safety.

New s. 21 inserted by No. 63/2017 s. 18.

21 Effect of principles under this Division

The Parliament does not intend by this Division to create in any person any legal right or give rise to any civil cause of action.

Division 2—The concept of ensuring safety

New s. 22 inserted by No. 63/2017 s. 18.

22 The concept of ensuring safety

(1) To avoid doubt, a duty imposed on a person under this Act or the regulations to ensure, so far as is reasonably practicable, safety, requires the person to—

(a) eliminate risks to safety so far as is reasonably practicable; and

(b) if it is not reasonably practicable to eliminate risks to safety, to reduce those risks so far as is reasonably practicable.

(2) To avoid doubt, for the purposes of this Part or regulations made for the purposes of this Part regard must be had to the following matters in determining what is (or was at a particular time) reasonably practicable in relation to ensuring safety—

(a) the likelihood of the hazard or risk concerned eventuating;

(b) the degree of harm that would result if the hazard or risk eventuated;

(c) what the person concerned knows, or ought reasonably to know, about the hazard or risk and any ways of eliminating or reducing the hazard or risk;

(d) the availability and suitability of ways to eliminate or reduce the hazard or risk;

(e) the cost of eliminating or reducing the hazard or risk.

Division 3—Safety duties

New s. 23 inserted by No. 63/2017 s. 18.

23 Duties of owners of motor vehicles used to provide commercial passenger vehicle services

(1) An owner of a motor vehicle who knows, or ought reasonably to know, that the vehicle is being used, or is to be used, to provide commercial passenger vehicle services must, so far as is reasonably practicable, ensure those services are provided safely.

Section 284 (criminal liability of officers of bodies corporate—failure to exercise due diligence) applies to an offence against this subsection.

(2) Without limiting subsection (1), an owner contravenes that subsection if the owner fails to do any of the following—

(a) maintain the vehicle in a fit, serviceable and safe condition;

(b) provide or maintain any equipment or systems used in the vehicle in accordance with the regulations;

(c) provide sufficient information or instruction to the driver of the vehicle who is using it to provide commercial passenger vehicle services to enable that driver to provide those services safely.

(3) An offence against subsection (1) is an indictable offence.

New s. 24 inserted by No. 63/2017 s. 18.

24 Duties of booking service providers

(1) A booking service provider must, so far as is reasonably practicable, ensure commercial passenger vehicle services provided by an associated driver are provided safely.

Section 284 (criminal liability of officers of bodies corporate—failure to exercise due diligence) applies to an offence against this subsection.

(2) Without limiting subsection (1), a booking service provider contravenes that subsection if the booking service provider fails to do any of the following—

(a) identify and manage risks to safety associated with commercial passenger vehicle services provided by an associated driver;

(b) acquire and maintain a database of the hazards or risks relating to the provision of commercial passenger vehicle services by associated drivers and the measures taken to eliminate or reduce the hazards or risks;

(c) provide information, instruction, training or supervision to associated drivers to enable those drivers to provide commercial passenger vehicle services safely, including implementing systems or processes for—

(i) the management of driver fatigue; and

(ii) drug and alcohol testing of drivers; and

(iii) the maintenance of commercial passenger vehicles; and

(iv) emergency management; and

(v) driver behaviour, competency and medical fitness.

(3) An offence against subsection (1) is an indictable offence.

S. 24(4) repealed by No. 56/2025 s. 5.

New s. 25 inserted by No. 63/2017 s. 18.

25 Duties of persons who have control over the provision of commercial passenger vehicle services

(1) A person who has control over the provision of commercial passenger vehicle services, must, so far as is reasonably practicable, ensure those services are provided safely.

Section 284 (criminal liability of officers of bodies corporate—failure to exercise due diligence) applies to an offence against this subsection.

(3) For the purposes of this section—

(a) a reference to a person who has control over the provision of commercial passenger vehicle services includes a person who would have control if not for any agreement purporting to limit or remove that control; and

(b) a passenger of a motor vehicle who is being provided commercial passenger vehicle services does not have control over the provision of those services.

New s. 26 inserted by No. 63/2017 s. 18.

26 Duties of suppliers of services or equipment

(1) A person who supplies, installs, maintains, repairs or modifies any thing and knows, or ought reasonably to know, that the thing is used, or is to be used, in the provision of commercial passenger vehicle services must—

(a) ensure, so far as is reasonably practicable, that the thing is safe when used for a purpose for which it was supplied, installed, maintained, repaired or modified; and

(b) carry out, or arrange the carrying out, of such testing and examination as may be necessary for compliance with this section; and

(c) in the case of a thing to which paragraph (a) applies, take such action as is necessary to ensure that there will be available in connection with the use of the thing adequate information about—

(i) the use for which the thing was supplied, installed, maintained, repaired or modified; and

(ii) the results of any testing or examination referred to in paragraph (b); and

(iii) any conditions necessary to ensure the thing is safe when used for a purpose for which it was supplied, installed, maintained, repaired or modified.

Section 284 (criminal liability of officers of bodies corporate—failure to exercise due diligence) applies to an offence against this subsection.

(3) For the purposes of subsection (1), if the person who supplies the thing—

(a) carries on the business of financing the acquisition of the thing by customers; and

(b) has, in the course of that business, acquired an interest in the thing solely for the purpose of financing its acquisition by a customer from a third person or its provision to a customer by a third person; and

(c) has not taken possession of the thing or has taken possession of it solely for the purpose of passing possession to that customer—

the reference in that subsection to the person who supplies that thing is instead taken to be a reference to the third person.

(4) This section does not apply to a person who designs, commissions, constructs or manufactures a motor vehicle.

(5) In this section—

supplies includes designs, commissions, constructs or manufactures.

New s. 27 inserted by No. 63/2017 s. 18.

27 Duties of drivers providing commercial passenger vehicle services

(1) A driver of a motor vehicle who provides or will be providing commercial passenger vehicle services by means of the vehicle must—

(a) take reasonable care for the driver's own health and safety; and

(b) take reasonable care for the health and safety of persons who may be affected by the driver's acts or omissions; and

(c) co-operate with a booking service provider with respect to any action taken by the booking service provider to comply with a requirement imposed by or under this Act or the regulations.

Penalty: 1800 penalty units.

Division 4—Codes of practice

New s. 28 inserted by No. 63/2017 s. 18.

28 Codes of practice

(1) For the purposes of providing practical guidance to persons who may be placed under a duty by or under Division 3, the Minister may, subject to section 32, approve one or more codes of practice.

(2) A code of practice—

(a) may consist of any code, standard, rule, specification or provision relating to any aspect of commercial passenger vehicle service safety; and

(b) may apply, incorporate or adopt any document formulated or published by any body or authority as in force at the time the code of practice is approved, or as amended, formulated or published from time to time.

(3) The approval of a code of practice takes effect on the day on which notice of the approval is published in the Government Gazette, or any later day specified in the notice.

A code of practice approved under this section is disallowable by either House of Parliament (see section 35).

New s. 29 inserted by No. 63/2017 s. 18.

29 Revisions to approved codes of practice

(1) Subject to section 32, the Minister may—

(a) approve any revision of the whole, or any part, of an approved code of practice; or

(b) revoke the approval of a code of practice.

(2) The approval of a revision to an approved code of practice takes effect on the day on which notice of the approval of the revision is published in the Government Gazette, or on any later day specified in the notice.

New s. 30 inserted by No. 63/2017 s. 18.

30 Revocation of approvals of codes of practice

The approval of a code of practice ceases to have effect at the end of the day on which notice of the revocation of the approval is published in the Government Gazette, or on any later day specified in the notice.

New s. 31 inserted by No. 63/2017 s. 18.

31 Availability of approved codes of practice

(1) The Minister must give to the regulator—

(a) a current copy of every approved code of practice; and

(b) a copy of every document applied, incorporated or adopted by an approved code of practice (in the form in which that document has effect in the approved code of practice).

(2) On receiving the documents under subsection (1), the regulator must—

(a) make them available for inspection by members of the public without charge at the regulator's office during normal office hours; and

S. 31(2)(b) amended by No. 30/2021 s. 16.

(b) publish the current copy of the approved code of practice on the regulator's internet site.

New s. 32 inserted by No. 63/2017 s. 18.

32 Minister must consult before approving code of practice or revision to code of practice

Before the Minister approves a code of practice or any revision of the whole, or any part, of an approved code of practice under section 28 or 29, the Minister must consult with persons or bodies that the Minister considers may be affected by the code of practice, or revision of an approved code of practice, to be approved.

New s. 33 inserted by No. 63/2017 s. 18.

33 Effect of approved code of practice

A person is not civilly or criminally liable by reason only that the person has failed to observe any provision of an approved code of practice.

A person who complies with an approved code of practice may however be taken to have complied with this Act (see section 34).

New s. 34 inserted by No. 63/2017 s. 18.

34 Effect of compliance with regulations or approved codes of practice

(a) the regulations or an approved code of practice make provision for or with respect to a duty or obligation imposed by this Act or the regulations; and

(b) a person complies with the regulations or the approved code of practice to the extent that it makes that provision.

(2) The person is, for the purposes of this Act and the regulations, taken to have complied with this Act or the regulations in relation to that duty or obligation.

New s. 35 inserted by No. 63/2017 s. 18.

35 Tabling and disallowance of approved codes of practice

S. 35(1) amended by No. 30/2021 s. 17.

(1) On or before the 6th sitting day after notice of the approval of a code of practice is published in the Government Gazette, the Minister must ensure that a copy of that code is laid before each House of the Parliament.

(2) A failure to comply with subsection (1) does not affect the operation or effect of the code of practice but the Scrutiny of Acts and Regulations Committee of the Parliament may report the failure to each House of the Parliament.

(3) A code of practice may be disallowed in whole or in part by either House of Parliament.

(4) Part 5 of the Subordinate Legislation Act 1994 applies to a code of practice as if—

(a) a reference in that Part to statutory rule were a reference to a code of practice; and

(b) a reference in section 23(1)(c) of that Act to section 15(1) were a reference to subsection (1).

(5) A reference to a code of practice in this section includes a reference to any amendment to, or revision of the whole or any part of, a code of practice.

New Pt 3 (Headings and new ss 36–51) inserted by No. 63/2017 s. 18.

Part 3—Registration of commercial passenger vehicles

New s. 36 inserted by No. 63/2017 s. 18.

36 Purpose of registration

The purpose of registering motor vehicles as commercial passenger vehicles is to provide a method of establishing the identity of those vehicles and of who is using them to provide commercial passenger vehicle services.

Division 2—Commercial passenger vehicle registration offences

New s. 37 inserted by No. 63/2017 s. 18.

37 Offence to drive unregistered vehicle for commercial passenger vehicle service

(1) A person must not drive a motor vehicle for the purpose of providing a commercial passenger vehicle service if the vehicle is not registered under this Part.

(2) Subsection (1) does not apply if the person driving the motor vehicle is an employee of the owner of the vehicle.

Section 38 provides that in those circumstances it is the owner who commits the offence.

New s. 38 inserted by No. 63/2017 s. 18.

38 Offence to drive unregistered vehicle for commercial passenger vehicle service as employee

(1) The owner of a motor vehicle commits an offence if—

(a) a person drives the motor vehicle for the purpose of providing a commercial passenger vehicle service; and

(b) that person is an employee of the owner; and

(c) the vehicle is not registered under this Part.

(2) A person who commits an offence against subsection (1) is liable to a penalty not exceeding 60 penalty units for an individual or 300 penalty units for a body corporate.

S. 38A inserted by No. 30/2021 s. 18.

38A Offence to drive unregistered vehicle for commercial passenger vehicle service other than as employee

(1) The owner of a motor vehicle commits an offence if—

(a) a person who is not the owner drives the motor vehicle for the purpose of providing a commercial passenger vehicle service; and

(b) the owner knowingly allows the person to drive the motor vehicle for that purpose; and

(c) the person is not an employee of the owner; and

(d) the vehicle is not registered under this Part.

(2) A person who commits an offence against subsection (1) is liable to a penalty not exceeding 60 penalty units for an individual or 300 penalty units for a body corporate.

New s. 39 inserted by No. 63/2017 s. 18.

39 Offence to provide booking service involving unregistered vehicle

(1) A person who provides a booking service commits an offence if—

(a) a commercial passenger vehicle service is provided as a result of the provision of the booking service; and

(b) the motor vehicle used for the purpose of providing the commercial passenger vehicle service is not registered under this Part.

(2) A person who commits an offence against subsection (1) is liable to a penalty not exceeding 60 penalty units for an individual or 300 penalty units for a body corporate.

Section 284 (criminal liability of officers of bodies corporate—failure to exercise due diligence) applies to an offence against this section.

Division 3—Commercial passenger vehicle registration

New s. 40 inserted by No. 63/2017 s. 18.

40 Application for registration

(1) The owner of a motor vehicle or a person who has the owner's permission may apply to the regulator for the registration of the vehicle under this Part.

(a) be made in the manner and form approved by the regulator; and

(i) any information or thing required by the regulator; and

(ii) the fee (if any) for the application determined by the regulator under section 282.

(3) If the applicant is not the owner of the motor vehicle, an application under subsection (1) must also include the name of the owner of the vehicle.

New s. 41 inserted by No. 63/2017 s. 18.

41 Regulator may require further things or information

(1) The regulator may require any one or more of the following in relation to an application under section 40—

(a) the applicant do a thing specified by the regulator that the regulator reasonably requires in order to assess the application;

(b) verification, by a statutory declaration, of any statement made or information given for the purposes of the application;

(c) the applicant give further information for the purposes of the application.

(2) Any further information given by the applicant under subsection (1)(c) must be—

New s. 42 inserted by No. 63/2017 s. 18.

42 Decision on application for registration

The regulator must register a motor vehicle under this Part if the regulator is satisfied that all requirements in relation to the application and applicant under this Part have been complied with.

New s. 43 inserted by No. 63/2017 s. 18.

43 Conditions on registration

(1) In registering a motor vehicle under this Part, the regulator may impose any conditions on the registration that the regulator considers appropriate.

(2) If the regulator decides to impose conditions on the registration, the regulator must give the person in whose name the vehicle is registered under this Part written notice of the decision.

(3) A notice under subsection (2) must inform the person that they have a right to seek review of the decision under Part 12.

(4) A registration is also subject to any prescribed condition.

New s. 44 inserted by No. 63/2017 s. 18.

44 Registration as a commercial passenger vehicle lasts until cancelled or surrendered

Registration as a commercial passenger vehicle remains in effect until it is cancelled or surrendered.

New s. 45 inserted by No. 63/2017 s. 18.

45 Annual registration fees

(1) A person in whose name a motor vehicle is registered under this Part must pay to the regulator the appropriate annual registration fee by the date specified by written notice given to the person by the regulator.

For the annual registration fee, see section 282.

(2) The date specified in a notice under subsection (1) must not be less than 10 business days after the date the notice is given to the person.

(3) The regulator may suspend or cancel the registration of a motor vehicle under this Part if the person in whose name the motor vehicle is registered fails to pay a registration fee by the date specified by the regulator.

New s. 46 inserted by No. 63/2017 s. 18.

46 Regulator may vary or revoke conditions or impose new conditions

(1) The regulator may at any time (on the regulator's own initiative or on the written application of the person in whose name a motor vehicle is registered under this Part)—

(a) vary or revoke a condition imposed by the regulator on a registration; or

(b) impose a new condition on a registration.

(2) Before taking action under subsection (1), the regulator must—

(a) give the person written notice of the action that the regulator proposes to take and of the reasons for taking it; and

(b) allow the person to make written representations about the proposed action within 10 business days after being notified of it (or any other period that the regulator and the person agree).

(3) Subsection (2) does not apply if the regulator considers it necessary to take immediate action in the interests of public safety.

(4) The regulator must give the person written notice of the action taken under subsection (1) as soon as practicable after taking the action.

(b) inform the person that they have a right to seek review of the regulator's decision to take the action under Part 12.

New s. 47 inserted by No. 63/2017 s. 18.

47 Offence to fail to comply with conditions of registration

A person in whose name a motor vehicle is registered under this Part must comply with—

(a) any condition imposed on the registration of that vehicle; and

(b) any prescribed condition to which that registration is subject.

New s. 48 inserted by No. 63/2017 s. 18.

48 Cancellation of registration

(1) The regulator, by written notice given to the person in whose name a motor vehicle is registered under this Part, may cancel the registration of that vehicle—

(a) if the regulator believes, on reasonable grounds, that the vehicle is no longer being used to provide commercial passenger vehicle services; or

(b) for any prescribed reason.

S. 48(2) substituted by No. 34/2023 s. 13.

(2) A notice under subsection (1) must include a statement of reasons for the cancellation.

(3) A cancellation of registration has effect from the date specified for the purpose by the regulator in the notice of cancellation.

Registration of a motor vehicle may also be cancelled under Part 9.

New s. 49 inserted by No. 63/2017 s. 18.

49 Surrender of registration

(1) The person in whose name a commercial passenger vehicle is registered under this Part may apply in writing to the regulator for consent to surrender the registration of that vehicle.

(2) Subject to subsection (3), on receiving an application under subsection (1), the regulator must consent to the surrender.

(3) The regulator may impose any condition on the grant of the consent that the regulator considers necessary to protect the interests of a third party.

S. 49(3A) inserted by No. 34/2023 s. 14.

(3A) If the regulator imposes a condition under subsection (3), the regulator must inform the person that they have a right to seek review of the regulator's decision under Part 12.

(4) A person commits an offence if—

(a) the regulator imposes a condition on a consent to surrender the registration of a commercial passenger vehicle; and

(5) A person who commits an offence against subsection (3) is liable to a penalty not exceeding 20 penalty units.

Division 4—Miscellaneous

New s. 50 inserted by No. 63/2017 s. 18.

50 False representation in relation to registration

A person must not falsely represent that a motor vehicle is registered under this Part.

Penalty: In the case of an individual, 30 penalty units;

In the case of a body corporate, 150 penalty units.

New s. 51 inserted by No. 63/2017 s. 18.

51 Indication that a vehicle is a commercial passenger vehicle

(1) A person commits an offence if the person drives a commercial passenger vehicle for the purpose of providing a commercial passenger vehicle service and—

(a) there is not prominently displayed on the vehicle, and clearly visible to persons approaching it, any thing that the regulations require to be so displayed to visually indicate that the vehicle is being used to provide a commercial passenger vehicle service; or

(b) a thing that the regulations require to be installed and operating in or on the vehicle to indicate that the vehicle is being used to provide a commercial passenger vehicle service is not installed and operating in accordance with the regulations.

(2) A person who commits an offence against subsection (1) is liable to a penalty not exceeding 60 penalty units.

New Pt 4 (Headings and new
ss 52–67) inserted by No. 63/2017 s. 18.

Part 4—Registration of booking service providers

New s. 52 inserted by No. 63/2017 s. 18.

52 Purpose of registration

The purpose of registration under this Part is to—

(a) provide a method of establishing the identity of—

(i) the providers of booking services; and

(ii) the persons responsible for managing activities relating to the provision by those providers of those services; and

(b) enable booking service providers to be regulated for reasons of public safety; and

(c) ensure that booking service providers meet prescribed safety standards.

Division 2—Booking service offences

New s. 53 inserted by No. 63/2017 s. 18.

53 Offence if provider of booking service is not registered

A person must not provide a booking service unless the person—

(a) is registered under this Part to provide that service; or

(b) is exempted under the regulations from the requirement to be registered under this Part to provide that service.

Section 284 (criminal liability of officers of bodies corporate—failure to exercise due diligence) applies to an offence against this section.

New s. 54 inserted by No. 63/2017 s. 18.

54 Offence to advertise booking services unless registered

A person must not advertise or in any way hold themselves out as able or willing to provide a booking service unless the person—

(a) is registered under this Part to provide that service; or

(b) is exempted under the regulations from the requirement to be registered under this Part to provide that service.

New s. 55 inserted by No. 63/2017 s. 18.

55 Offence to accept request from unregistered booking service provider

(1) A person commits an offence if—

(a) the person accepts a request from a booking service provider for a person to be provided with a commercial passenger vehicle service; and

(b) the person knows, or ought reasonably to know, that the provider—

(i) is not registered under this Part; and

(ii) is not exempted under the regulations from the requirement to be registered under this Part.

(2) A person who commits an offence against subsection (1) is liable to—

(a) for a person who is a booking service provider, a penalty not exceeding 240 penalty units for an individual or 1200 penalty units for a body corporate; and

(b) for a person who is an accredited driver, a penalty not exceeding 60 penalty units; and

(c) in any other case, a penalty not exceeding 50 penalty units.

New s. 56 inserted by No. 63/2017 s. 18.

56 False representation in relation to registration

A person must not falsely represent that the person—

(a) is registered under this Part; or

(b) is exempted under the regulations from the requirement to be registered under this Part.

Penalty: In the case of an individual, 30 penalty units;

In the case of a body corporate, 150 penalty units.

Section 284 (criminal liability of officers of bodies corporate—failure to exercise due diligence) applies to an offence against this section.

Division 3—Booking service provider registration

New s. 57 inserted by No. 63/2017 s. 18.

57 Application for registration

(1) A person may apply to the regulator for registration under this Part as a booking service provider.

(2) An application must—

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

(i) the fee (if any) for the application determined by the regulator under section 282; and

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

(iii) any other thing that is required by the regulations; and

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

(3) The regulator may require any one or more of the following in relation to an application—

(a) the applicant do a thing specified by the regulator that the regulator reasonably requires in order to assess the application;

(b) verification, by a statutory declaration, of any statement made or information given for the purposes of the application;

(c) the applicant give further information for the purposes of the application.

(4) Any further information given by the applicant under subsection (3)(c) must be—

(5) In the case of an application by a person that
is not an individual, the regulator is entitled to communicate with the relevant person nominated by the applicant under subsection (2)(c).

New s. 58 inserted by No. 63/2017 s. 18.

58 Decision on application for registration

(1) The regulator must register an applicant under this Part if satisfied that—

(a) the applicant is a fit and proper person to be registered; and

(b) all requirements in relation to the application and applicant under this Part have been complied with.

(2) The regulator must refuse to register an applicant under this Part if the regulator is not satisfied about the matters set out in subsection (1)(a) and (b).

New s. 59 inserted by No. 63/2017 s. 18.

59 Notification and reasons to be given if application refused

(1) If the regulator decides to refuse to register an applicant, the regulator must give the applicant written notice of the decision as soon as practicable after making the decision.

(2) A notice under subsection (2) must—

(a) include a statement of reasons for the decision; and

(b) inform the applicant that they have a right to seek review of the regulator's decision under Part 12.

New s. 60 inserted by No. 63/2017 s. 18.

60 Conditions on registration

(1) In registering an applicant, the regulator may impose any conditions on the registration that the regulator considers appropriate.

(2) If the regulator decides to impose conditions on the registration, the regulator must give the registered booking service provider written notice of the decision.

(3) A notice under subsection (2) must inform the registered booking service provider that they have a right to seek review of the decision under Part 12.

(4) A registration is also subject to any prescribed condition.

New s. 61 inserted by No. 63/2017 s. 18.

61 Registration lasts until cancelled or surrendered

A registration remains in effect until it is cancelled or surrendered.

New s. 62 inserted by No. 63/2017 s. 18.

62 Annual registration fees

(1) A registered booking service provider must pay to the regulator the appropriate annual registration fee by the date specified by written notice given to the provider by the regulator.

For the annual registration fee, see section 282.

(2) The date specified in a notice under subsection (1) must not be less than 10 business days after the date the notice is given to the registered booking service provider.

(3) The regulator may suspend or cancel the registration of a registered booking service provider if the provider fails to pay a registration fee by the date specified by the regulator.

New s. 63 inserted by No. 63/2017 s. 18.

63 Regulator may vary or revoke conditions or impose new conditions

(1) The regulator may at any time (on the regulator's own initiative or on the written application of a registered booking service provider)—

(a) vary or revoke a condition imposed by the regulator on a registration; or

(b) impose a new condition on a registration.

(2) Before taking action under subsection (1), the regulator must—

(a) give the registered booking service provider written notice of the action that the regulator proposes to take and of the reasons for taking it; and

(b) allow the registered booking service provider to make written representations about the proposed action within 10 business days after being notified of it (or any other period that the regulator and the provider agree).

(3) Subsection (2) does not apply if the regulator considers it necessary to take immediate action in the interests of public safety.

(4) The regulator must give the registered booking service provider written notice of the action taken under subsection (1) as soon as practicable after taking the action.

(b) inform the registered booking service provider that they have a right to seek review of the regulator's decision to take the action under Part 12.

New s. 64 inserted by No. 63/2017 s. 18.

64 Offence to fail to comply with conditions of registration

A registered booking service provider must comply with—

(a) any condition imposed on the registration; and

(b) any prescribed condition to which that registration is subject.

Section 284 (criminal liability of officers of bodies corporate—failure to exercise due diligence) applies to an offence against this section.

New s. 65 inserted by No. 63/2017 s. 18.

65 Registered booking service provider must notify change to information

(1) A registered booking service provider commits an offence if—

(a) a change occurs to information relating to that provider's registration that is prescribed; and

(b) the provider does not notify the regulator of the change in writing within 10 business days after becoming aware of it.

New s. 66 inserted by No. 63/2017 s. 18.

66 Surrender of registration

(1) A registered booking service provider may apply in writing to the regulator for consent to surrender the registration.

(2) Subject to subsection (3), on receiving an application under subsection (1), the regulator must consent to the surrender.

(3) The regulator may impose any condition on the grant of the consent that the regulator considers necessary to protect the interests of a third party.

S. 66(3A) inserted by No. 34/2023 s. 15.

(3A) If the regulator imposes a condition under subsection (3), the regulator must inform the person that they have a right to seek review of the regulator's decision under Part 12.

(4) A person commits an offence if—

(a) the regulator imposes a condition on a consent to surrender the registration of a booking service provider; and

S. 66(5) amended by No. 34/2023 s. 31(1).

(5) A person who commits an offence against subsection (4) is liable to a penalty not exceeding 20 penalty units.

Division 4—Miscellaneous

New s. 67 inserted by No. 63/2017 s. 18.

67 Offence to provide booking service that results in commercial passenger vehicle service being provided by non-accredited drivers

(1) A person who provides a booking service commits an offence if—

(a) a commercial passenger vehicle service is provided as a result of the provision of the booking service; and

(b) the commercial passenger vehicle service is being provided by a driver of the commercial passenger vehicle service who is not an accredited driver.

(2) A person who commits an offence against subsection (1) is liable to a penalty not exceeding 60 penalty units for an individual or 300 penalty units for a body corporate.

Pt 5 (Headings and ss 68–94) inserted by No. 63/2017 s. 18.

Part 5—Commercial passenger vehicle driver accreditation

New s. 68 inserted by No. 63/2017 s. 18.

68 References in this Part to persons found guilty of an offence

In this Part, a reference to a person who has been found guilty of an offence is a reference to a person—

(a) against whom a court has made a formal finding that the person is guilty of the offence that has not been subsequently quashed or set aside by a court; or

(b) from whom a court has accepted a plea that the person is guilty of the offence that has not been subsequently quashed or set aside by a court; or

(c) from whom a court has accepted an admission under section 100 of the Sentencing Act 1991 that the person has committed the offence, or from whom a similar admission has been accepted under a provision of a law of a jurisdiction other than Victoria that substantially corresponds to that section, that has not been subsequently quashed or set aside by a court; or

(d) in relation to whom any of the following infringement notices has taken effect as a conviction for the offence specified in the notice—

S. 68(d)(i) repealed by No. 41/2019 s. 117(Sch. 1 item 1.1).

(ii) an infringement notice to which section 61A(2) of the Marine (Drug, Alcohol and Pollution Control) Act 1988 applies;

(iii) a traffic infringement notice to which section 89A(2) of the Road Safety Act 1986 applies; or

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

(i) section 17(1)(b) or 38X(1)(b) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 that the person was not guilty of the offence because of mental impairment; or

(ii) section 17(1)(c) or 38X(1)(c) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 that the person committed the offence or an offence available as an alternative; or

(iii) the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 of not guilty because of mental impairment; or

(f) against whom a finding similar to a finding referred to in paragraph (e) has been made under a provision of a law of a jurisdiction other than Victoria that substantially corresponds to the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 or to a provision of that Act referred to in paragraph (e).

New s. 69 inserted by No. 63/2017 s. 18, amended by No. 56/2025 s. 7(2) (ILA s. 39B(1)).

69 Public care objective

(1) The public care objective is the objective that the services provided by drivers of commercial passenger vehicles—

(a) be provided to persons using those services and to other persons, particularly children and other vulnerable persons—

(i) with safety; and

(ii) with comfort, amenity and convenience; and

S. 69(1)(a)(iii) inserted by No. 56/2025 s. 7(1).

(iii) without discrimination, sexual harassment or other conduct that is inconsistent with community standards of acceptable conduct; and

(b) be provided in a manner that is not fraudulent or dishonest.

S. 69(2) inserted by No. 56/2025 s. 7(2).

(2) In this section—

discrimination has the same meaning as in section 4(1) of the Equal Opportunity Act 2010;

sexual harassment has the meaning given by section 92 of the Equal Opportunity Act 2010.

Division 2—Non-accreditation offence

New s. 70 inserted by No. 63/2017 s. 18, amended by No. 34/2023 s. 28.

70 Offence for driver to provide services without accreditation

A person must not, as the driver of a commercial passenger vehicle, provide a commercial passenger vehicle service if the person is not accredited—

S. 70(a) inserted by No. 34/2023 s. 28.

(a) under this Part; or

S. 70(b) inserted by No. 34/2023 s. 28.

(b) under Part 4A of the Bus Safety Act 2009.

Division 3—Driver accreditations

New s. 71 inserted by No. 63/2017 s. 18.

71 Application for driver accreditation

(1) A person may apply to the regulator for the issue of a driver accreditation.

(a) be made in the manner and form approved by the regulator; and

(i) the information and things required by the regulator (if any); and

(ii) the fee (if any) for the application determined by the regulator under section 282.

(3) The regulator may require any one or more of the following in relation to an application—

(a) an applicant do a thing specified by the regulator that the regulator reasonably requires in order to assess the application;

(b) verification, by a statutory declaration, of any statement made or information given for the purposes of the application;

(c) an applicant give further information for the purposes of the application.

(4) Any further information given by the applicant under subsection (3)(c) must be—

(5) The regulator may require an applicant to—

(a) be photographed at a place and in a manner specified by the regulator; and

(b) give the regulator a specimen signature at a place and in a manner specified by the regulator.

New s. 72 inserted by No. 63/2017 s. 18.

72 Tests, qualifications and other requirements

(1) The regulator may require an applicant for driver accreditation to do all or any of the following—

(a) undertake a specified prescribed course of training;

(b) obtain a specified prescribed qualification;

(c) pass specified prescribed tests including tests relating to—

(i) the applicant's fitness to drive a vehicle; and

(ii) the applicant's medical condition.

(2) The regulator may specify courses of training by reference to either or both of the following—

(a) the name of the course;

(b) the provider of the course.

(3) In specifying a course of training, the regulator must—

(a) be satisfied about—

(i) its content and nature; and

(ii) the materials, resources and equipment required to provide it; and

(b) have regard to the public care objective.

(4) The regulator must publish the name and provider of any course of training specified under this section on the regulator's internet site.

New s. 73 inserted by No. 63/2017 s. 18.

73 Matters to which regulator may have regard in considering application

(1) In considering an application for the issue of a driver accreditation, the regulator may have regard to any of the following—

S. 73(1)(a) amended by No. 34/2020 s. 182.

(a) whether the applicant has at any time (whether before, on or after the commencement of this section) been subject to a relevant disciplinary or regulatory finding within the meaning of the Worker Screening Act 2020;

(b) any infringement notice served on the applicant for a transport offence—

(i) that has not been withdrawn or cancelled; and

S. 73(1)(b)(ii) amended by No. 34/2023 s. 23(1)(a).

(ii) in relation to which information lodged under section 40(1)(a) of the Infringements Act 2006 is not deemed to be a charge-sheet charging the offence by operation of section 40(1)(b) of that Act.

S. 73(1)(c) repealed by No. 34/2023 s. 23(1)(b).

S. 73(2) amended by No. 34/2023 s. 23(2).

(2) In relation to an infringement notice referred to in subsection (1)(b), the regulator may have regard to the following—

(a) the nature and gravity of the transport offence and its relevance to the purpose for which the applicant seeks to be accredited;

(b) when the transport offence is alleged to have been committed;

(c) whether the transport offence still exists;

(d) the age of the applicant at the time of the alleged commission of the transport offence;

(e) the applicant's behaviour since the alleged commission of the transport offence;

(f) the likelihood of the applicant committing another transport offence of the same kind;

(g) whether the transport offence has been expiated;

(h) whether the decision to serve the infringement notice has been subject to internal review under Division 3 of Part 2 of the Infringements Act 2006;

(i) if the infringement notice was served for a traffic infringement for which demerit points were incurred under Part 4 of the Road Safety Act 1986, the effect on the applicant of the operation of that Part including the incurring of the demerit points;

(j) if the infringement notice was served for a traffic infringement, whether the applicant made any of the following statements under Part 6AA of the Road Safety Act 1986 in relation to the traffic infringement—

(i) an illegal user statement;

(ii) a known user statement;

(iii) a sold vehicle statement;

(iv) an unknown user statement;

(k) if the infringement notice was served for a traffic infringement and the applicant made a statement mentioned in paragraph (j)(ii) or (iii) in relation to the traffic infringement, whether a person made a nomination rejection statement under Part 6AA of the Road Safety Act 1986 in response to that statement;

(l) any information that the applicant has given the regulator in relation to the infringement notice, including reasons why the infringement penalty stated in it was paid.

(3) In this section—

S. 73(3) def. of transport offence amended by No. 34/2023 s. 29.

transport offence means—

(a) an offence under this Act or the regulations; or

(b) an offence under Part 4A of the Bus Safety Act 2009 or regulations made for the purposes of that Part; or

(c) a traffic infringement.

New s. 74 inserted by No. 63/2017 s. 18.

74 Time within which regulator must deal with application

(1) Subject to this Division, the regulator must decide whether to approve or refuse an application for accreditation within 20 business days after receiving the application.

(2) The regulator, before the expiry of the period specified in subsection (1) or that period as extended under this subsection, may decide to extend the period within which it may decide whether to approve or refuse an application.

(3) If the regulator decides to extend the period, the regulator must give the applicant written notice of—

(a) that decision; and

(b) the new period within which the regulator intends to make the decision whether to approve or refuse an application.

New s. 75 inserted by No. 63/2017 s. 18.

75 Decision on application for driver accreditation

(1) The regulator, having considered the matters referred to in section 73, may issue a driver accreditation if satisfied—

(a) that it is appropriate to do so having regard to the public care objective; and

(b) that the applicant—

(i) is technically competent and sufficiently fit and healthy to drive a motor vehicle for the purpose of providing commercial passenger vehicle services; and

(ii) is a fit and proper person to provide a commercial passenger vehicle service; and

(c) that the applicant has complied with the requirements under this Part in relation to the application, including paying the application fee (if any) determined by the regulator under section 282.

(2) However, the regulator must refuse to issue a driver accreditation if aware that the applicant—

S. 75(2)(a) amended by No. 30/2021 s. 19.

(a) does not hold an Australian driver licence; or

(b) has been found guilty of a category 1 offence; or

(c) is a person who is subject to—

S. 75(2)(c)(i) amended by No. 28/2025 s. 41.

(i) reporting obligations imposed under the Sex Offenders Registration Act 2004; or

S. 75(2)(c)(ii) repealed by No. 34/2023 s. 24.

S. 75(2)(c)(iii) amended by No. 45/2019 s. 48(1)(a), repealed by No. 34/2023 s. 24.

S. 75(2)(c)(iv) inserted by No. 45/2019 s. 48(1)(b).

(iv) a supervision order or interim supervision order within the meaning of the Serious Offenders Act 2018.

(3) Unless satisfied that the applicant has shown that the issue of a driver accreditation is appropriate in the circumstances, the regulator must also refuse to issue a driver accreditation if aware that the applicant—

(a) has been found guilty of a category 2 offence; or

(b) is the subject of a charge for a category 1 offence that has not been finally disposed of at the time of considering the application.

(4) Without limiting the discretion of the regulator, the regulator may refuse to issue a driver accreditation if aware that the applicant—

(a) has been found guilty of a category 3 offence; or

(b) is subject to a charge for a category 2 offence or category 3 offence that has not been finally disposed of at the time of considering the application.

(5) The regulator must not refuse to issue a driver accreditation on a ground referred to in subsection (2) if a decision to refuse to issue an accreditation or cancel an accreditation in respect of the person on that ground has previously been set aside (without being remitted) by VCAT.

(6) In making a decision under subsection (3) or (4), the regulator may have regard to the following matters in relation to the category 2 offence or category 3 offence—

(a) the nature and gravity of the offence and its relevance to the commercial passenger vehicle service to be provided by the applicant;

(b) the period of time since the applicant committed the offence;

(c) whether a finding of guilt or conviction was recorded;

(d) the sentence imposed for the offence;

(e) the age of the applicant when the offence was committed;

(f) in relation to any sexual offence, the age of any victim;

(g) whether or not the conduct that constituted the offence has been decriminalised since the offence was committed;

(h) the applicant's behaviour since committing the offence;

(i) the likelihood of the applicant committing another such offence in the future, in particular, any future threat to a child or other vulnerable person;

(j) any information given by the applicant.

New s. 76 inserted by No. 63/2017 s. 18.

76 Regulator must notify applicant of decision

(1) As soon as practicable after making a decision to approve or refuse an application for the issue of a driver accreditation, the regulator must give to the applicant written notice of the decision.

(2) If the decision is to refuse the application, the notice must—

(a) include a statement of reasons for the decision; and

S. 76(2)(b) substituted by No. 30/2021 s. 20.

(b) if the application is refused on a ground set out in section 75(1), (3) or (4), inform the person that they have a right to seek review of the regulator's decision under Part 12; and

S. 76(2)(c) inserted by No. 30/2021 s. 20.

(c) if the application is refused on a ground set out in section 75(2)(b) or (c), inform the person that they have a right to seek review of the regulator's decision under section 253.

New s. 77 inserted by No. 63/2017 s. 18.

77 Conditions on driver accreditation

(1) The regulator may impose conditions on a driver accreditation on issuing the accreditation.

(2) In considering whether or not to impose conditions on a driver accreditation, the regulator must have regard to the public care objective.

(3) Without limiting subsection (1), the regulator may impose on a driver accreditation a condition requiring the accredited driver to undertake a course of training or to pass a test specified under section 72.

(4) If the regulator decides to impose conditions on a driver accreditation, the regulator must give the accredited driver—

(a) written notice of the decision; and

(b) a written copy of the conditions to which the accreditation is subject.

(5) A notice under subsection (4)(a) must inform the accredited driver that they have a right to seek review of the decision under Part 12.

(6) A driver accreditation is also subject to any prescribed condition.

New s. 78 inserted by No. 63/2017 s. 18.

78 Certificate of accreditation

On issuing a driver accreditation the regulator must issue a certificate of accreditation that—

(a) is in the form approved by the regulator; and

(b) sets out the name of the accredited driver.

New s. 79 inserted by No. 63/2017 s. 18.

79 Driver accreditation lasts until cancelled or surrendered

A driver accreditation remains in effect until it is cancelled or surrendered.

New s. 80 inserted by No. 63/2017 s. 18.

80 Annual accreditation fees

(1) An accredited driver must pay to the regulator the appropriate annual accreditation fee by the date specified by written notice given to the driver by the regulator.

For the annual accreditation fee, see section 282.

(2) The date specified in a notice under subsection (1) must not be less than 10 business days after the date the notice is given to the accredited driver.

(3) The regulator may suspend or cancel an accredited driver's driver accreditation if the driver fails to pay an annual accreditation fee by the date specified by the regulator.

S. 81 inserted by No. 63/2017 s. 18.

81 Regulator may vary or revoke conditions or impose new conditions

(1) The regulator may at any time (on the regulator's own initiative or on the written application of an accredited driver)—

(a) vary or revoke a condition imposed by the regulator on a driver accreditation; or

(b) impose a new condition on a driver accreditation.

(2) In considering whether or not to vary or revoke a condition, or impose a new condition, on a driver accreditation, the regulator must have regard to the public care objective.

(3) Without limiting subsection (1)(b), the regulator may impose on a driver accreditation a condition requiring the accredited driver to undertake a course of training or to pass a test specified under section 72.

(4) The regulator must give the accredited driver written notice of the action taken under subsection (1) as soon as practicable after taking the action.

(b) inform the accredited driver that they have a right to seek review of the regulator's decision to take the action under Part 12.

S. 82 inserted by No. 63/2017 s. 18.

82 Offence to fail to comply with conditions of driver accreditation

An accredited driver must comply with—

(a) any condition imposed on the driver accreditation; and

(b) any prescribed condition to which that accreditation is subject.

Penalty: 30 penalty units.

S. 83 inserted by No. 63/2017 s. 18.

83 Driver accreditation cannot be transferred

(1) A driver accreditation—

(a) is personal to the person who holds it; and

(b) is not capable of being transferred or assigned to any other person or of being otherwise dealt with by the person who holds it; and

(c) does not vest by operation of law in any other person.

(2) A purported transfer, assignment or lease of a driver accreditation and any other purported dealing with a driver accreditation by the person who holds it is of no effect.

(3) An accredited driver must not purport to transfer or assign their driver accreditation to any other person or otherwise purport to deal with it.

(4) This section does not apply to the surrender of an accreditation in accordance with this Part.

S. 84 inserted by No. 63/2017 s. 18.

84 Surrender of driver accreditation

(1) An accredited driver may apply in writing to the regulator for consent to surrender their driver accreditation.

(2) An application under subsection (1) must be accompanied by the certificate of accreditation unless—

(a) the certificate has already been returned to the regulator; or

(b) the certificate has been lost, stolen or destroyed.

(3) If subsection (2)(b) applies, the application must be accompanied by a statement, verified by a statutory declaration signed by or on behalf of the accredited driver, that the certificate has been lost, stolen or destroyed.

(4) Subject to subsection (5), on receiving an application under subsection (1), the regulator must consent to the surrender.

(5) The regulator may impose any condition on the consent to surrender that the regulator considers necessary to protect the interests of a third party.

S. 84(5A) inserted by No. 34/2023 s. 16.

(5A) If the regulator imposes a condition under subsection (5), the regulator must inform the person that they have a right to seek review of the regulator's decision under Part 12.

(6) A person commits an offence if—

(a) the regulator imposes a condition on a consent to surrender a driver accreditation; and

(7) A person who commits an offence against subsection (6) is liable to a penalty not exceeding 20 penalty units.

Division 4—Disqualification from holding driver accreditation

S. 85 inserted by No. 63/2017 s. 18.

85 Disqualification from applying for driver accreditation

(1) If the regulator refuses an application for the issue of a driver accreditation under this Part, the regulator may determine that the applicant is disqualified from applying for the issue of a driver accreditation for a period determined by the regulator.

(2) A period determined by the regulator under subsection (1) must not exceed 5 years.

(3) In making a determination under subsection (1), the regulator must have regard to—

(a) the public care objective; and

(b) if the person has been found guilty of a category 2 offence or category 3 offence, the matters set out in section 75(6).

(4) The regulator must give the applicant written notice of the disqualification as soon as practicable after the determination to disqualify the applicant.

(a) specify the period of disqualification; and

(b) include a statement of reasons for the action taken; and

(c) inform the applicant that they have a right to seek review of the regulator's determination to take the action under Part 12.

S. 86 inserted by No. 63/2017 s. 18.

86 Disqualification ceases if there has been a relevant change of circumstances

(1) A person who has been disqualified under section 85 is not entitled to make a further application for the issue of a driver accreditation under this Part—

(a) until the period determined by the regulator has elapsed; or

(b) unless the regulator declares that the disqualification ceases to have effect.

(2) The person may apply in writing to the regulator for a declaration that the disqualification ceases to have effect.

(3) On receiving an application under subsection (2), the regulator must declare that the disqualification ceases to have effect if satisfied that there has been a relevant change in circumstances in relation to the person.

relevant change in circumstances, in relation to a person, includes where—

(a) a charge that the person was subject to, that was pending at the date of the disqualification, is finally dealt with, without the person being found guilty of the offence; or

(b) a finding of guilt of the person is quashed or set aside by a court after the date of the disqualification; or

(c) a finding on which the decision to disqualify the person under section 85 was based is quashed or set aside after the date of the disqualification.

Division 5—Driver accreditation offences

S. 87 inserted by No. 63/2017 s. 18, repealed by No. 56/2025 s. 9.

S. 88 inserted by No. 63/2017 s. 18.

88 Offence not to notify change of address and return certificate of accreditation

(a) changes their residential address; and

(b) does not within 5 business days after that change occurring—

(i) notify the regulator of it; and

(ii) return the certificate of accreditation to the regulator.

(2) An accredited driver who commits an offence against subsection (1) is liable to a penalty not exceeding 5 penalty units.

S. 89 inserted by No. 63/2017 s. 18.

89 Offence not to notify of suspension or cancellation of driver accreditation

S. 89(1) amended by No. 30/2021 s. 21(1).

(1) A person issued with a driver accreditation commits an offence if the person—

(a) is employed or engaged by—

(i) the owner of a commercial passenger vehicle; or

(ii) the person in whose name a commercial passenger vehicle is registered under Part 3; or

(iii) a booking service provider; and

(b) receives notice of the suspension or cancellation of their driver accreditation; and

(c) does not notify the owner or provider of the suspension or cancellation within 5 business days after receiving that notice.

S. 89(2) amended by No. 30/2021 s. 21(2).

S. 90 inserted by No. 63/2017 s. 18.

90 Offence not to notify of being charged with, or found guilty of, a disqualifying offence

(a) is charged with, or found guilty of, a disqualifying offence; and

(b) does not notify the regulator of the charge or the finding of guilt within 20 business days after being so charged or found guilty.

(2) An accredited driver commits an offence if the driver—

(a) becomes subject to reporting obligations or an order of a kind referred to in section 75(2)(c); and

(b) does not notify the regulator of the obligations or order within 20 business days after becoming subject to them.

(3) An accredited driver who commits an offence against subsection (1) or (2) is liable to a penalty not exceeding 5 penalty units.

S. 91 inserted by No. 63/2017 s. 18.

91 Offence to retain illegible certificate of accreditation

(1) An accredited driver commits an offence if—

(a) the driver's certificate of accreditation becomes illegible or is altered or defaced; and

(b) the driver does not return the certificate to the regulator and apply for the issue of a replacement certificate within 5 business days after becoming aware that the certificate has become illegible or is altered or defaced.

(2) An accredited driver who commits an offence against subsection (1) is liable to a penalty not exceeding 5 penalty units.

S. 92 inserted by No. 63/2017 s. 18.

92 Offence to retain certificate if accreditation suspended or cancelled

S. 92(1) amended by No. 30/2021 s. 22(1).

(1) A person issued with a driver accreditation commits an offence if the person—

(a) receives notice of the suspension or cancellation of their driver accreditation; and

(b) does not return their certificate of accreditation to the regulator within 20 business days after receiving notice of the suspension or cancellation.

S. 92(2) amended by No. 30/2021 s. 22(2).

S. 93 inserted by No. 63/2017 s. 18.

93 Offence not to carry certificate of accreditation when driving

(1) An accredited driver commits an offence if the driver does not carry their certificate of accreditation while driving a commercial passenger vehicle for the purpose of providing a commercial passenger vehicle service.

(2) An accredited driver who commits an offence against subsection (1) is liable to a penalty not exceeding 5 penalty units.

S. 94 inserted by No. 63/2017 s. 18.

94 Offence not to produce certificate of accreditation when asked

(a) drives a commercial passenger vehicle for the purpose of providing a commercial passenger vehicle service; and

(b) is asked by an authorised officer or a police officer to produce their certificate of accreditation; and

(c) refuses or fails to do so.

(2) An accredited driver who commits an offence against subsection (1) is liable to a penalty not exceeding 5 penalty units.

Pt 6 (Headings and ss 95–124) inserted by No. 63/2017 s. 18.

Part 6—Consumer and driver protections

Division 1—Driver agreements

Subdivision 1—Preliminary

S. 95 inserted by No. 63/2017 s. 18.

95 Definition

Small Business Commission means the Small Business Commission established under section 4 of the Small Business Commission Act 2017.

S. 96 inserted by No. 63/2017 s. 18.

96 Application of Division

This Division applies to a driver agreement whether made before or after the commencement of section 18 of the Commercial Passenger Vehicle Industry Amendment (Further Reforms) Act 2017.

Subdivision 2—Implied conditions

S. 97 inserted by No. 63/2017 s. 18.

97 Implied conditions of driver agreement

(1) The regulator, by notice published in the Government Gazette, may specify conditions to be implied in every driver agreement.

(2) Without limiting subsection (1), it is an implied condition of every driver agreement that at least the specified percentage of the gross fares that accrue when a commercial passenger vehicle is in the possession of a driver under the agreement are to be retained by, or paid to, the driver.

(3) An implied condition specified under section 162L(1) of the Transport (Compliance and Miscellaneous) Act 1983 and in force immediately before the commencement of this section is to be taken to have been specified by the regulator under subsection (1).

(4) In subsection (2)—

specified percentage means—

(a) the percentage specified for the purpose of subsection (2) in a notice published under subsection (1); or

(b) 55%, if a percentage is not so specified.

S. 98 inserted by No. 63/2017 s. 18.

98 Offence if implied condition breached

A party to a driver agreement must not breach a condition of the agreement implied under section 97.

Subdivision 3—Preliminary assistance in dispute resolution

S. 99 inserted by No. 63/2017 s. 18.

99 Referral of disputes to the regulator

(1) Either party, or both parties, to a driver agreement, or a person proposing to enter into a driver agreement, may refer to the regulator a dispute concerning a condition of the agreement or proposed agreement.

(2) As soon as practicable after a dispute is referred to the regulator under subsection (1), the regulator must make an assessment of the nature of the dispute.

(3) After having made an assessment, the regulator must decide whether—

(a) to provide preliminary assistance in resolving the dispute; or

(b) for a dispute concerning a condition of an agreement, to take action to enforce compliance with the agreement; or

(c) if there are different aspects to the dispute, to act under both paragraphs (a) and (b).

(4) The regulator must notify the Minister in writing about the dispute if the regulator—

(a) considers that the dispute may raise an issue of important public policy; and

(b) has decided not to take action to enforce compliance with the agreement under subsection (3).

(5) Preliminary assistance that may be provided by the regulator includes the giving of advice to ensure that—

(a) the parties are fully aware of their rights and obligations; and

(b) there is full and open communication between the parties concerning the matter.

(6) A statement or admission made in the course of the provision by the regulator of preliminary assistance is not admissible in proceedings before VCAT under Subdivision 5 or in any other legal proceedings.

S. 100 inserted by No. 63/2017 s. 18.

100 Minister may refer dispute directly to VCAT

(1) Subsection (2) applies if the Minister considers that the subject matter of a dispute notified under section 99(4) raises an issue of important public policy.

(2) The Minister may refer the dispute directly to VCAT for hearing under Subdivision 5, even if the regulator is in the process of providing preliminary assistance.

S. 101 inserted by No. 63/2017 s. 18.

101 Unresolved disputes may be referred to Small Business Commission or VCAT

(1) The regulator may certify in writing that—

(a) preliminary assistance under this Subdivision has failed to resolve the dispute; or

(b) preliminary assistance under this Subdivision has failed to resolve the dispute and, in the regulator's opinion, the dispute is unlikely to be resolved with the assistance of the Small Business Commission.

(2) A certificate issued under subsection (1) must state that a party or both parties may refer the dispute—

(a) to the Small Business Commission if the certificate certifies a failure described in subsection (1)(a); or

(b) to VCAT if the certificate certifies a failure described in subsection (1)(b).

(3) As soon as practicable after issuing a certificate under subsection (1), the regulator must provide a copy of it to the parties to the dispute.

(4) Within 30 days after receiving a copy of a certificate under subsection (1), a party or both parties to the dispute may refer the dispute to the Small Business Commission or VCAT, as the case requires.

(5) This section does not apply, or ceases to apply, if the Minister refers the dispute directly to VCAT under section 100(2).

Subdivision 4—Alternative dispute resolution

S. 102 inserted by No. 63/2017 s. 18.

102 Function of Small Business Commission

(1) This section applies if a dispute is referred to the Small Business Commission under Subdivision 3.

(2) The Commission must make arrangements to facilitate the resolution of the dispute by—

(a) mediation by a mediator; or

(b) another appropriate form of alternative dispute resolution by a suitably qualified person.

(3) The Commission may join any person that it considers appropriate to join as a party to the dispute.

(4) The Commission is not subject to the Minister's control or direction in exercising functions under this Subdivision.

S. 103 inserted by No. 63/2017 s. 18.

103 Mediation or other alternative dispute resolution

(1) A party to a mediation or other form of alternative dispute resolution may be represented by a legal practitioner.

(2) However, the mediator or person conducting the other form of alternative dispute resolution (the ADR official) may meet with a party (alone or together with any other party) without the party's legal representative being present.

(3) The mediator or ADR official may act under subsection (2) only if they consider it appropriate to do so.

(4) The mediator or ADR official must determine the costs of, and associated with, the mediation or other form of alternative dispute resolution (including their own fees and expenses).

(5) The parties must pay the costs determined under subsection (4) in the proportions that they agree or, if they cannot agree, in equal shares.

(6) The Small Business Commissioner appointed under section 18 of the Small Business Commission Act 2017 may personally act as a mediator or ADR official and is entitled to be paid their fees and expenses for doing so.

(7) The Small Business Commissioner's fees and expenses referred to in subsection (6) must not exceed the maximum amount (if any) that is prescribed.

(8) A mediator or ADR official (including the Small Business Commissioner) is not civilly or criminally liable in respect of the performance, in good faith, of their functions under this section.

S. 104 inserted by No. 63/2017 s. 18.

104 Small Business Commission may issue certificates

(1) The Small Business Commission may certify in writing that alternative dispute resolution under this Subdivision has failed, or is unlikely, to resolve a dispute referred under Subdivision 3.

(2) A certificate under subsection (1) must include details of the parties to the dispute.

(3) The Commission may certify that a party to the dispute has unreasonably refused to participate in alternative dispute resolution under this Subdivision.

(4) A certificate issued under subsection (1) may be admitted in evidence in proceedings before VCAT or a court.

(5) The Commission is not required to give a party to the dispute an opportunity to be heard by, or make submissions to, the Commission before issuing a certificate under subsection (1).

S. 105 inserted by No. 63/2017 s. 18.

105 Parties may apply to VCAT

If the Small Business Commission issues a certificate under section 104(1), a party or both parties to the dispute may apply to VCAT for one or more orders under section 108.

Subdivision 5—VCAT proceedings

S. 106 inserted by No. 63/2017 s. 18.

106 Jurisdiction of VCAT

(1) VCAT has jurisdiction to hear and determine—

(a) the matter of a dispute referred to it—

(i) by the Minister under section 100(2); or

(ii) by a party or both parties to the dispute in accordance with this Division; or

(b) an application by a party, or both parties, to a dispute under section 105.

(2) The Minister or the regulator is not a party to a proceeding in respect of a dispute referred by the Minister under section 100(2), unless joined by VCAT under section 60 of the Victorian Civil and Administrative Tribunal Act 1998.

S. 107 inserted by No. 63/2017 s. 18.

107 Time limits for certain complaints

(1) VCAT must commence hearing a dispute referred by the Minister under section 100(2) within 30 days after its referral.

(2) VCAT, constituted by a presidential member within the meaning of the Victorian Civil and Administrative Tribunal Act 1998, may extend the period of 30 days under subsection (1) by one further period of not more than 30 days.

S. 108 inserted by No. 63/2017 s. 18.

108 Orders VCAT can make

(1) VCAT, in a proceeding under this Subdivision, may by order do one or more of the following—

(a) determine the terms of any condition of a driver agreement;

(b) require a party to pay money, by way of restitution or compensation or otherwise, to a specified person;

(c) vary any condition of a driver agreement, other than one implied under section 97;

(d) declare that a condition of a driver agreement (other than one implied under section 97) is of effect or is of no effect;

(e) require the refund of any money paid under a driver agreement or under a driver agreement condition that is of no effect;

S. 108(1)(i) renumbered as s. 108(1)(f) by No. 7/2019 s. 43(1).

(f) require anything else to be done that it is empowered to require to be done under this Subdivision or the Victorian Civil and Administrative Tribunal Act 1998.

(2) In addition, VCAT may—

(a) make an order in the nature of an order for specific performance of a driver agreement; or

(b) order rescission of a driver agreement; or

(c) order rectification of a driver agreement.

(3) In ordering the payment of a sum of money by a party, VCAT may order the payment of interest on that sum by the party—

(a) at the rate fixed from time to time under section 2 of the Penalty Interest Rates Act 1983; or

(b) at any lesser rate it thinks appropriate.

S. 109 inserted by No. 63/2017 s. 18.

109 Each party to pay own costs

(1) This section applies despite anything to the contrary in Division 8 of Part 4 of the Victorian Civil and Administrative Tribunal Act 1998.

(2) Each party to a proceeding before VCAT under this Subdivision is to pay their own costs in the proceeding.

(3) However, at any time VCAT may make an order that a party pay all or a specified part of the costs of another party to the proceeding but only if VCAT is satisfied that it is fair to do so—

(a) because the party refused to take part in, or withdrew from, mediation or other form of alternative dispute resolution under Subdivision 4; or

(b) having regard to the matters referred to in paragraphs (a) to (e) of section 109(3) of the Victorian Civil and Administrative Tribunal Act 1998.

costs includes fees, charges and disbursements.

Subdivision 6—Miscellaneous

S. 110 inserted by No. 63/2017 s. 18.

110 Statements made during alternative dispute resolution not admissible

A statement or admission made in the course of a mediation or other form of alternative dispute resolution under Subdivision 4 is not admissible in proceedings before VCAT under Subdivision 5 or in any other legal proceedings.

Division 1A—Protections for unbooked commercial passenger vehicle services

S. 110A inserted by No. 63/2017 s. 18.

110A Definitions

applicable unbooked service means an unbooked commercial passenger vehicle service in respect of carriage on a journey that begins in—

(a) the Melbourne Metropolitan Zone; or

(b) the Urban and Large Regional Zone;

S. 110A def. of Melbourne Metropolitan Zone amended by No. 34/2023 s. 31(2)(a).

Melbourne Metropolitan Zone means the Melbourne Metropolitan Zone established under section 143B(1)(a) of the Transport (Compliance and Miscellaneous) Act 1983 (as in force immediately before the commencement of item 10.7 of Schedule 1 to the Commercial Passenger Vehicle Industry Amendment (Further Reforms) Act 2017);

S. 110A def. of Urban and Large Regional Zone amended by No. 34/2023 s. 31(2)(b).

Urban and Large Regional Zone means the Urban and Large Regional Zone established under section 143B(1)(b) of the Transport (Compliance and Miscellaneous) Act 1983 (as in force immediately before the commencement of item 10.7 of Schedule 1 to the Commercial Passenger Vehicle Industry Amendment (Further Reforms) Act 2017).

S. 110B inserted by No. 63/2017 s. 18.

110B Application of Essential Services Commission Act 2001

(1) For the purposes of the Essential Services Commission Act 2001—

(a) this Division is relevant legislation; and

(b) the commercial passenger vehicle industry is a regulated industry in relation to applicable unbooked services.

S. 110B(2) amended by No. 41/2021 s. 121.

(2) Despite section 5(1) of the Essential Services Commission Act 2001, if there is any inconsistency between this Division and a provision of the Essential Services Commission Act 2001, the provision of this Division prevails.

S. 110C inserted by No. 63/2017 s. 18.

110C Objective of the ESC

The objective of the ESC in relation to the commercial passenger vehicle industry is to promote the efficient provision and use of applicable unbooked services.

S. 110D inserted by No. 63/2017 s. 18.

110D Powers in relation to fares regulation

For the purposes of Part 3 of the Essential Services Commission Act 2001—

(a) applicable unbooked services are prescribed services; and

(b) the maximum charges for the services covered by paragraph (a) are prescribed prices.

S. 110E inserted by No. 63/2017 s. 18, amended by No. 30/2021 s. 22A(2) (ILA s. 39B(1)).

110E Price determinations

(1) Without limiting section 33(5) of the Essential Services Commission Act 2001, the manner in which the ESC may regulate prescribed prices includes determining different prices according to—

(a) the time of day at which, or day of the week or kind of day on which, an applicable unbooked service is provided;

(b) the speed at which the commercial passenger vehicle used in the provision of the applicable unbooked service is travelling;

(c) the distance travelled by the commercial passenger vehicle used in the provision of the applicable unbooked service;

(d) the type of commercial passenger vehicle used in the provision of the applicable unbooked service;

(e) the occupancy of the commercial passenger vehicle used in the provision of the applicable unbooked service, including where there is more than one passenger;

(f) where a journey in respect of which the applicable unbooked service is provided begins or ends;

(g) the prevailing economic conditions, including the price of fuel and the consumer price index;

S. 110E(1)(ga) inserted by No. 30/2021 s. 22A(1).

(ga) the Fair Work Commission's annual wage review under section 285 of the Fair Work Act 2009 of the Commonwealth;

S. 110E(1)(gb) inserted by No. 30/2021 s. 22A(1).

(gb) the commercial viability of operating a taxi service;

(h) any other matter the ESC considers to be relevant.

S. 110E(2) inserted by No. 30/2021 s. 22A(2).

(2) In this section—

fare calculation device means a mechanical, electrical or electronic device that calculates, records or displays information about fares and charges for the provision of unbooked commercial passenger vehicle services;

taxi service means an unbooked commercial passenger vehicle service where the fare is calculated based on time and distance travelled as measured by a fare calculation device.

S. 110F inserted by No. 63/2017 s. 18.

110F Exercise of regulatory functions

(1) The ESC must make a determination under this Division of the maximum charges for applicable unbooked services before the first anniversary of the day on which this section comes into operation.

(2) The ESC must complete a review of a price determination no later than 2 years after it is made.

S. 110G inserted by No. 63/2017 s. 18.

110G Offence to charge or ask for a fare for an unbooked service in excess of the maximum fare

A person who drives a commercial passenger vehicle for the purpose of providing an applicable unbooked service must not charge or ask for a fare for the service that is in excess of the fare or hiring rates permitted by a determination of the ESC under this Division.

Division 2—Fare monitoring

S. 111 inserted by No. 63/2017 s. 18.

111 Regulator to monitor fares for commercial passenger vehicle services

(1) This section applies during the 5 year period beginning on the commencement of item 10.6 of Schedule 1 to the Commercial Passenger Vehicle Industry Amendment (Further Reforms) Act 2017.

(2) The regulator must monitor fares for commercial passenger vehicle services with a view to—

(a) keeping Victorian consumers and the Government informed about the economic performance of the commercial passenger vehicle industry; and

(b) supporting the efficient operation of the industry by—

(i) monitoring, describing and analysing trends in fares for commercial passenger vehicle services; and

(ii) identifying and highlighting potential areas of misuse of market power that warrant further investigation.

The regulator has power under section 264 to require the provision of any information, or the production of any documents, that may assist it in performing its functions.

(3) The regulator must prepare an annual report on the conduct of its activities under this section.

(4) In addition, the regulator may at any time, on its own initiative, prepare a special report on the conduct of its activities under this section.

(5) In preparing a report, the regulator must have regard to the need to ensure that the report does not disclose information that is of a commercially sensitive nature.

(6) The regulator must submit a copy of any report prepared by the regulator under this section to the Minister administering this Division.

(7) The regulator must ensure that a copy of any report submitted under subsection (6) is published on the regulator's internet site.

Division 3—Non-cash payment surcharge

S. 112 inserted by No. 63/2017 s. 18.

112 Meaning of *non-cash payment surcharge*

(1) Subject to subsection (2), a non-cash payment surcharge is a fee or charge—

(a) added to the amount otherwise payable by the hirer in respect of the hiring of a commercial passenger vehicle because the payment of the amount otherwise payable is made wholly or partly by means of a non‑cash payment transaction; or

(b) payable by the owner or driver of a commercial passenger vehicle or by all or any of them because the payment of an amount payable in respect of the hiring of the vehicle is made wholly or partly by means of a non-cash payment transaction.

(2) A non-cash payment surcharge does not include a fee or charge that is imposed in respect of the use of a credit card, charge card or debit card—

(a) by a participant in a designated payment system within the meaning of the Payment Systems (Regulation) Act 1998 of the Commonwealth and is of a kind covered by a standard in force under section 18 of that Act; or

(b) by a person consistently with a voluntary undertaking given by the person to, and accepted by, the Reserve Bank of Australia.

(3) A fee or charge may be a non-cash payment surcharge irrespective of whether it is—

(a) payable for accepting or processing, or both accepting and processing, payment made by means of a non-cash payment transaction or for any other reason; or

(b) set as a percentage of the amount otherwise payable in respect of the hiring of the commercial passenger vehicle or as a fixed amount or as an amount fixed on a sliding scale of any kind or on any other basis.

S. 113 inserted by No. 63/2017 s. 18.

113 Cap on non-cash payment surcharges

(1) This section applies to a non-cash payment surcharge that—

(a) exceeds the prescribed amount; or

(b) results in the prescribed amount being exceeded in the circumstances set out in subsection (2).

(2) The circumstances are that the surcharge is added to any other such surcharge charged or collected, or to be charged or collected, by the same or any other person in respect of the same hiring of a commercial passenger vehicle, irrespective of whether the surcharges are payable by the same person or by 2 or more persons.

(3) A person must not—

(a) impose, whether directly or indirectly, a non‑cash payment surcharge to which this section applies; or

(b) directly initiate the collection in the commercial passenger vehicle of a non‑cash payment surcharge to which this section applies or of an amount that includes such a surcharge.

Notes

Section 285 (criminal liability of officers of bodies corporate—failure to exercise due diligence (evidential burden of proof)) applies to an offence against this subsection.

(4) A person does not commit an offence against subsection (3) because of a non-cash payment surcharge charged or collected, or to be charged or collected, by another person in respect of the hiring of a commercial passenger vehicle if—

(a) the person presents or points to evidence that suggests a reasonable possibility that the person did not know, and could not reasonably be expected to have known, that the other person had charged or collected, or was to charge or collect, a non-cash payment surcharge in respect of that hiring; and

(b) the contrary is not proved (beyond reasonable doubt) by the prosecution.

(5) The reference in subsection (3) to a person includes—

(a) any person who provided or maintains any equipment (whether or not installed in the commercial passenger vehicle) or any application or software that enabled the non‑cash payment transaction to be made; and

(b) any person who manages or administers the whole or any part of a system under which non-cash payment transactions may be made; and

(c) the owner and driver of the commercial passenger vehicle.

S. 114 inserted by No. 63/2017 s. 18.

114 Offence to enter into certain contracts etc.

(1) A person, including the owner or driver of the commercial passenger vehicle or a booking service provider, must not—

(a) enter into a contract, arrangement or understanding with any person that has the purpose or effect specified in subsection (2); or

(b) agree to give effect to a contract, arrangement or understanding entered into by any other persons that has that purpose or effect.

Section 285 (criminal liability of officers of bodies corporate—failure to exercise due diligence (evidential burden of proof)) applies to an offence against this section.

(2) The purpose or effect is directly or indirectly causing a non-cash payment surcharge to which section 113 applies to be paid in respect of a hiring of a commercial passenger vehicle.

S. 115 inserted by No. 63/2017 s. 18.

115 Civil penalties

(1) The Supreme Court may order that a person pay, as a debt due to the State, a civil penalty of an amount not exceeding $1 000 000 for an individual or $5 000 000 for a body corporate.

(2) The Supreme Court may make an order under subsection (1) if satisfied, on an application made by the regulator, that the person has—

(a) contravened section 113(3); or

(b) attempted to contravene section 113(3); or

(c) aided, abetted, counselled or procured a person to contravene section 113(3); or

(d) induced, or attempted to induce, whether by threats, promises or otherwise, a person to contravene section 113(3); or

(e) been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of section 113(3); or

(f) conspired with others to contravene section 113(3).

(3) The regulator may make an application under this section at any time within 6 years after the contravention or other conduct covered by subsection (2).

(4) The Supreme Court may relieve a person, other than a body corporate, from liability to a civil penalty in a proceeding under this section if it appears to it that—

(a) the person has, or may have, engaged in conduct in contravention of section 113(3) or conduct referred to in subsection (2)(b), (c), (d), (e) or (f) that relates to a contravention of section 113(3); but

(b) the person acted honestly and reasonably and, having regard to all the circumstances of the case, ought fairly to be excused.

S. 116 inserted by No. 63/2017 s. 18.

116 Preference must be given to compensation

The Supreme Court must give preference to making an order for compensation if it considers that—

(a) it is appropriate to order a person (the defendant) to pay a civil penalty under section 115(1) in relation to—

(i) a contravention of section 113(3); or

(ii) conduct referred to in section 115(2)(b), (c), (d), (e) or (f) that relates to a contravention of section 113(3); and

(b) it is appropriate to order the defendant to pay compensation under section 120 to a person who has suffered loss or damage because of that contravention or conduct; and

(c) the defendant does not have sufficient financial resources to pay both the civil penalty and the compensation.

S. 117 inserted by No. 63/2017 s. 18.

117 Interplay between civil penalties and criminal proceedings

(1) An application cannot be made to the Supreme Court under section 115 in relation to a contravention of section 113(3) if the person has been convicted or acquitted of an offence constituted by conduct that is substantially the same as the conduct to which the application relates.

(2) The Supreme Court must stay a proceeding under section 115 against a person if a criminal proceeding is or has been commenced against the person for an offence constituted by conduct that is substantially the same as the conduct to which the application under that section relates.

(3) A proceeding stayed in accordance with subsection (2) must be dismissed by the Supreme Court if the person is convicted or acquitted of the offence but otherwise may be resumed by it.

(4) A criminal proceeding may be commenced against a person for conduct that is substantially the same as conduct to which an application under section 115 relates or in respect of which an order has been made under that section.

(5) Evidence of information given, or evidence of the production of documents, by a person is not admissible in a proceeding against the person for an offence if—

(a) the person previously gave the evidence or produced the documents in a proceeding against the person under section 115; and

(b) the conduct alleged to constitute the offence is substantially the same as the conduct to which the proceeding under that section related.

(6) Subsection (5) does not apply to a criminal proceeding in respect of the falsity of evidence given in a proceeding under section 115.

S. 118 inserted by No. 63/2017 s. 18.

118 Non-cash payment surcharge may be recovered as a debt

A person who has paid a non-cash payment surcharge to which section 113 applies may recover, as a debt in any court of competent jurisdiction, the amount of the excess over the prescribed amount from the person to whom the surcharge was payable.

S. 119 inserted by No. 63/2017 s. 18.

119 Proceeding for damages

(1) This section applies if a person suffers loss or damage because of—

(a) conduct engaged in by another person in contravention of section 113(3); or

(b) conduct referred to in section 115(2)(b), (c), (d), (e) or (f) engaged in by another person that relates to a contravention of section 113(3).

(2) The person may recover the amount of the loss or damage in a proceeding commenced against that other person in any court of competent jurisdiction.

(3) A proceeding under subsection (2) may be commenced at any time within 6 years after the day on which the cause of action that relates to the conduct accrued.

S. 120 inserted by No. 63/2017 s. 18.

120 Compensation orders

(1) This section applies if a person (the injured person) suffers, or is likely to suffer, loss or damage because of—

(a) conduct engaged in by another person in contravention of section 113(3); or

(b) conduct referred to in section 115(2)(b), (c), (d), (e) or (f) engaged in by another person that relates to a contravention of section 113(3).

(2) The Supreme Court may make any other order or orders that it thinks appropriate against the person who engaged in the conduct on an application made by—

(a) the injured person; or

(b) the regulator on behalf of one or more injured persons.

(3) An order must be an order that the Supreme Court considers will—

(a) compensate the injured person, or any injured person, in whole or in part for the loss or damage; or

(b) prevent or reduce the loss or damage suffered, or likely to be suffered, by the injured person or any injured person.

(4) An application may be made under subsection (2) at any time within 6 years after the day on which the cause of action that relates to the conduct accrued.

(5) An application may be made under subsection (2) even if no other proceeding (whether criminal or civil) has been commenced under this Division in relation to the relevant conduct.

(6) The regulator must not make an application under subsection (2)(b) on behalf of an injured person who has not consented in writing to the making of the application on their behalf.

S. 121 inserted by No. 63/2017 s. 18.

121 Application of Essential Services Commission Act 2001

(1) For the purposes of the Essential Services Commission Act 2001—

(a) this Division is relevant legislation; and

(b) the non-cash payment transaction industry is a regulated industry.

S. 121(2) amended by No. 41/2021 s. 122.

(2) Despite section 5(1) of the Essential Services Commission Act 2001, if there is any inconsistency between a provision of this Division and a provision of the Essential Services Commission Act 2001, the provision of this Division prevails.

S. 122 inserted by No. 63/2017 s. 18.

122 Objective of the ESC

(1) The objective of the ESC in relation to the non-cash payment transaction industry is to promote efficiency by regulating the amount that may be imposed by way of a non-cash payment surcharge.

(2) In seeking to achieve the objective specified in subsection (1), the ESC must ensure that persons facilitating the making of non-cash payment transactions are able to recover the reasonable cost of accepting and processing such transactions.

(3) In this section—

reasonable cost includes any fees payable for the acquisition of transactions involving the use of debit, credit or charge cards.

S. 123 inserted by No. 63/2017 s. 18.

123 Powers in relation to non-cash payment service regulation

For the purposes of Part 3 of the Essential Services Commission Act 2001—

(a) non-cash payment transactions are prescribed services; and

(b) the maximum amounts of non-cash payment surcharges are prescribed prices.

S. 124 inserted by No. 63/2017 s. 18.

124 Exercise of regulatory functions

(1) The ESC may regulate prescribed prices by determining different prices according to circumstances specified in the determination if it considers it necessary to do so in order for it to comply with section 122(2).

(2) Subsection (1) does not limit section 33(5) of the Essential Services Commission Act 2001.

(3) The ESC must make a price determination no later than 12 months after the day on which section 18 of the Commercial Passenger Vehicle Industry Amendment (Further Reforms) Act 2017 comes into operation.

(4) The ESC must complete a review of a price determination no later than 2 years after it is made.

Pt 7 (Headings and ss 125–170) inserted by No. 63/2017 s. 18.

Part 7—Investigation powers

Division 1—Authorised officers

S. 125 inserted by No. 63/2017 s. 18.

125 Appointment

(1) The regulator may appoint as an authorised officer any person who the regulator considers is suitably qualified or trained to exercise the powers of an authorised officer under this Act and the regulations.

(2) An appointment under this section is for a term, and subject to the conditions, specified in the instrument of appointment.

(3) Without limiting the conditions to which the appointment may be subject, a condition may specify—

(a) the functions and powers under this Act or the regulations that the authorised officer may not perform and exercise; or

(b) the only functions and powers under this Act or the regulations that the authorised officer may perform or exercise; or

(c) the circumstances or manner in which the authorised officer must perform or exercise a function or power under this Act or the regulations.

S. 126 inserted by No. 63/2017 s. 18.

126 Identity card

(1) The regulator must issue an identity card to an authorised officer.

(2) An identity card must—

(a) state the name of the person to whom the card is issued; and

(b) indicate that the person is an authorised officer; and

(c) include—

(i) a photograph of the person; and

(ii) the prescribed matters.

S. 127 inserted by No. 63/2017 s. 18.

127 Authorised officer must produce identity card

(1) An authorised officer must produce their identity card for inspection—

(a) before exercising a power under—

(i) an industry law; or

(ii) section 13 or 84ZY of the Road Safety Act 1986; or

(b) if asked to do so by any person at any time during the exercise of a power referred to in paragraph (a).

(2) However, an authorised officer is not required to produce their identity card when asked to do so if—

(a) the officer reasonably believes that this would—

(i) affect the safety or welfare of any person; or

(ii) frustrate the effective exercise of a power referred to in subsection (1)(a); or

(b) the request to produce the card is made by a person to whom the officer has already produced the card on the same day before exercising a power referred to in subsection (1)(a).

(3) A failure to produce an identity card does not invalidate anything done by an authorised officer.

S. 128 inserted by No. 63/2017 s. 18.

128 Regulator may direct authorised officer

(1) The regulator may give a direction to an authorised officer in relation to that officer's performance or exercise of a function or power under—

(a) an industry law; or

(b) section 13, 14(1), 84ZY, 77 and 88 of the Road Safety Act 1986.

(2) The direction may be of a general nature or may relate to a specified matter or class of matter.

S. 129 inserted by No. 63/2017 s. 18.

129 Person must return identity card on ceasing to be an authorised officer

A person who ceases to be an authorised officer must return their identity card to the regulator as soon as practicable.

S. 130 inserted by No. 63/2017 s. 18.

130 Person must not impersonate authorised officer

A person who is not an authorised officer must not, in any way, hold themselves out to be an authorised officer.

Division 2—Power of entry without consent or search warrant

S. 131 inserted by No. 63/2017 s. 18.

131 Limited power for authorised officer to enter premises or vehicle without consent or search warrant

An authorised officer may enter industry premises or a commercial passenger vehicle without consent and without a search warrant—

(a) only for a purpose specified in section 132; and

(b) only in the circumstances specified in section 133.

S. 132 inserted by No. 63/2017 s. 18.

132 Purposes for which authorised officer may enter without consent or search warrant

(1) An authorised officer may enter premises or a vehicle under section 131 for a purpose relating to ascertaining whether an industry law has been or is being complied with in relation to—

(a) commercial passenger vehicle services; or

(b) a commercial passenger vehicle; or

(c) equipment in or on, or that is ordinarily in or on, a commercial passenger vehicle; or

Examples

A security camera, an emergency warning device, a driver protection screen or a taximeter.

(d) subject to subsection (2), payments made or due under a driver agreement; or

(e) subject to subsection (3), payments made or due in respect of the hiring of a commercial passenger vehicle.

(2) Entry is only permitted in relation to the matter set out in subsection (1)(d) if the authorised officer believes on reasonable grounds that the entry is necessary to prevent the concealment, loss or destruction of evidence of a breach of the conditions of a driver agreement.

(3) Entry is only permitted in relation to the matter set out in subsection (1)(e) if the authorised officer believes on reasonable grounds that the entry is necessary to prevent the concealment, loss or destruction of evidence of non-compliance with an industry law.

S. 133 inserted by No. 63/2017 s. 18.

133 Circumstances in which authorised officer may enter without consent or search warrant

(1) The circumstances in which an authorised officer may, under section 131, enter industry premises, or a commercial passenger vehicle at industry premises, are that the entry is at a time when the premises are being used, or are usually being used, in connection with the provision of—

(a) a commercial passenger vehicle service; or

(b) a booking service; or

(c) a non-cash payment processing service.

(2) The circumstances in which an authorised officer may, under section 131, enter a commercial passenger vehicle at a place that is not industry premises are that—

(a) the vehicle is not being used for private purposes; and

(b) the vehicle is not located on residential premises; and

(c) either of the following persons is present—

(i) the driver of the vehicle;

(ii) the person in whose name the vehicle is registered under Part 3.

(3) For the purposes of subsection (2)(a), a commercial passenger vehicle that is being driven for the purposes of providing a commercial passenger vehicle service is not being used for private purposes.

S. 134 inserted by No. 63/2017 s. 18.

134 Power to enter includes power to search and inspect

(1) An authorised officer who enters or proposes to enter industry premises or a commercial passenger vehicle under section 131 may search and inspect the premises or vehicle for compliance and investigative purposes.

(2) In searching and inspecting the premises or vehicle, the authorised officer may be assisted by any person.

Division 5 confers further powers on the authorised officer.

S. 135 inserted by No. 63/2017 s. 18.

135 Notice of entry if prior notice not given—commercial passenger vehicle not on industry premises

(1) This section applies if an authorised officer, under section 131—

(a) enters a commercial passenger vehicle at a place that is not industry premises; and

(b) does so without giving prior notice to either—

(ii) the person in whose name the vehicle is registered under Part 3.

(2) As soon as practicable after entering the vehicle, the authorised officer must take all reasonable steps to notify the following persons of the entry—

(a) the driver of the vehicle;

(b) if the vehicle is not registered under Part 3 in the driver's name, the person in whose name it is registered under that Part.

S. 136 inserted by No. 63/2017 s. 18.

136 Notice of entry to be left if certain persons not present

(a) an authorised officer enters industry premises, or a commercial passenger vehicle at industry premises, under section 131; and

(b) neither the person with control or management of the premises, nor the occupier of the premises, is present.

(2) On leaving the premises or vehicle, the authorised officer must leave a notice setting out—

(a) the time of the entry; and

(b) the purpose of the entry; and

(c) a description of things done while on the premises or in the vehicle; and

(d) the time of departure; and

(e) the procedure for contacting the regulator for further details of the entry.

S. 137 inserted by No. 63/2017 s. 18.

137 Notice of entry if prior notice not given—industry premises

(1) This section applies if an authorised officer, under section 131—

(a) enters industry premises or a commercial passenger vehicle at industry premises; and

(b) does so without giving prior notice to either—

(i) the person with control or management of the premises; or

(ii) the occupier of the premises.

(2) As soon as practicable after entering the premises, the authorised officer must take all reasonable steps to notify a person referred to in subsection (1)(b).

Division 3—Power of entry without warrant but with consent

S. 138 inserted by No. 63/2017 s. 18.

138 Authorised officer may enter premises or vehicle for compliance and investigative purposes with consent

An authorised officer may do either of the following things for compliance and investigative purposes—

(a) enter any industry premises at any time if the person with control or management of the premises, or the occupier of the premises, consents to the entry;

(b) enter any commercial passenger vehicle at any time if the driver of the vehicle, or the person in whose name the vehicle is registered under Part 3, consents to the entry.

S. 139 inserted by No. 63/2017 s. 18.

139 Procedure for entry with consent

(1) Before an authorised officer asks a person for consent to enter under section 138, the officer must inform the person—

(a) of the purpose of the entry; and

(b) that the person is not required to consent.

(2) If the consent is given, the authorised officer may ask the person to sign an acknowledgment of the consent.

(3) The acknowledgment must state—

(a) that the person has been informed—

(i) of the purpose of the entry; and

(ii) that the person is not required to consent; and

(b) the purpose of the entry; and

(c) that the person gives the authorised officer consent to enter the premises or vehicle and exercise powers under this Part; and

(d) the time and date the consent was given.

(4) If the person signs the acknowledgment, the authorised officer must immediately give a copy to the person.

(5) If, in any proceeding, an acknowledgment of consent is not produced to the court, it must be presumed, unless the contrary is proved, that no person consented to the entry by an authorised officer and the exercise of powers by that officer under this Part.

S. 140 inserted by No. 63/2017 s. 18.

140 Power to enter includes power to search and inspect

(1) An authorised officer who enters or proposes to enter industry premises or a commercial passenger vehicle under section 138 may search and inspect the premises or vehicle for compliance and investigative purposes.

(2) In searching and inspecting the premises or vehicle, the authorised officer may be assisted by any person.

Division 5 confers further powers on the authorised officer.

Division 4—Search warrants

S. 141 inserted by No. 63/2017 s. 18.

141 Issue of search warrant

(1) An authorised officer may apply to a magistrate for the issue of a search warrant for a place, a motor vehicle or a non-cash payment processing device if the officer believes on reasonable grounds that there is, or may be within the next 72 hours, in the place or in or on the vehicle or device, evidence of the commission of an offence against an industry law.

(2) If a magistrate is satisfied that there are reasonable grounds for the belief referred to in subsection (1), the magistrate may issue a search warrant authorising an authorised officer named in the warrant, and any assistants the officer considers necessary—

(a) to enter the place named or described in the warrant (if any); or

(b) to enter a motor vehicle—

(i) named or described in the warrant; or

(ii) at the place named or described in the warrant (if any); or

(c) to inspect a motor vehicle or non-cash payment processing device—

(i) named or described in the warrant; or

(ii) at the place named or described in the warrant (if any); or

(d) to search a place or vehicle referred to in this subsection for any thing named or described in the warrant and to seize any such thing.

Notes

1 Division 5 confers further powers on the authorised officer.

2 A thing would include a document which is defined in section 38 of the Interpretation of Legislation Act 1984.

(3) In addition to any other requirement, a search warrant issued under this section must—

(a) state the offence suspected; and

(b) state the name of, or describe—

(i) the place or motor vehicle to be searched; or

(ii) the motor vehicle or non-cash payment processing device to be inspected; and

(c) include a description of the thing or information for which the search is to be made; and

(d) state the conditions to which the warrant is subject (if any); and

(e) state whether entry is authorised to be made at any time or during stated hours; and

(f) state a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect.

(4) A search warrant must be issued in accordance with the Magistrates' Court Act 1989 and in the form set out in the regulations under that Act.

(5) Despite section 78 of the Magistrates' Court Act 1989, a search warrant must not authorise an authorised officer to arrest a person.

(6) Subject to any provision to the contrary in this Part, the rules to be observed with respect to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to warrants under this section.

S. 142 inserted by No. 63/2017 s. 18.

142 Seizure of things not mentioned in search warrant

A search warrant also authorises the authorised officer executing the warrant, in addition to the seizure of any thing of the kind described in the warrant, to seize any thing which is not of the kind described in the warrant if the authorised officer believes on reasonable grounds that—

(a) the thing will afford evidence about the commission of an offence against an industry law; and

(b) it is necessary to seize that thing to prevent—

(i) its concealment, loss or destruction; or

(ii) its use in the commission of an offence against an industry law.

S. 143 inserted by No. 63/2017 s. 18.

143 Announcement before entry under search warrant

(1) Before executing a search warrant, the authorised officer named in the warrant or a person assisting the officer must—

(a) announce that the officer or other person is authorised by the warrant to enter the place or motor vehicle named or described in the warrant; and

(b) give any person at the place or in control of the vehicle an opportunity to allow entry to the place or into the vehicle.

(2) The authorised officer or person assisting the officer is not required to comply with subsection (1) if the officer or other person believes on reasonable grounds that immediate entry to the place or into the vehicle is required to ensure—

(a) the safety of any person; or

(b) that the effective execution of the search warrant is not frustrated.

S. 144 inserted by No. 63/2017 s. 18.

144 Copy of search warrant to be given

(1) This section applies if any of the following persons is present at the execution of a search warrant—

(a) if the warrant is for the search of a place—

(i) the occupier of that place; or

(ii) a person who appears to represent the occupier;

(b) if the warrant is for the search of a motor vehicle—

(ii) if the vehicle is a commercial passenger vehicle, the person in whose name it is registered under Part 3.

(2) The authorised officer must—

(a) identify themselves to that person by producing their identity card for inspection by that person; and

(b) give that person a copy of the execution copy of the warrant.

S. 145 inserted by No. 63/2017 s. 18.

145 Use of evidence obtained under search warrant in civil penalty proceedings

A thing obtained under a search warrant is not inadmissible as evidence in a proceeding for a civil penalty under section 115 by reason only of the fact that the search warrant was issued in respect of the commission of an offence.

Division 5—Additional powers relating to search and entry

S. 146 inserted by No. 63/2017 s. 18.

146 Definitions

(1) In this Division—

assistant means a person assisting an authorised officer in relation to the entry of the location being investigated as described in section 134(2), 140(2), 141(2), 148(3) or 149(3);

location being investigated means the industry premises, motor vehicle, or other place that the authorised officer enters;

purpose of the investigation means—

(a) in the case of entry effected under a search warrant, the purpose of obtaining evidence about the commission of an offence against an industry law; and

(b) in the case of entry effected under section 131 or 138, compliance and investigative purposes.

(2) In this Division, a reference to something at a location being investigated means, if that location is a motor vehicle, something in or on the vehicle.

S. 147 inserted by No. 63/2017 s. 18.

147 Application of Division

This Division applies in relation to an authorised officer who—

(a) enters industry premises under section 131 or 138 or under a search warrant; or

(b) enters a commercial passenger vehicle under section 131 or 138; or

(c) enters a motor vehicle under a search warrant; or

(d) enters any other place under a search warrant.

S. 148 inserted by No. 63/2017 s. 18.

148 General investigation powers relating to entry of industry premises or other place

(1) This section applies if the location being investigated is industry premises or any other place.

(2) The authorised officer may do any of the following things for the purpose of the investigation—

(a) inspect a non-cash payment processing device at the premises or place;

(b) make a sketch of the premises or place or of a thing found there;

(c) perform tests;

(d) record images or sound;

See section 153 in relation to the admissibility of these recordings.

(e) search for, inspect or copy relevant documents that are at the premises or place;

(f) direct a person at the premises or place to give the officer reasonable help to—

(i) search or inspect the premises or place; or

(ii) exercise the officer's powers under this subsection;

(g) exercise any other power conferred on the officer by or under this Act.

(3) In doing anything referred to in subsection (2), the authorised officer may be assisted by any person.

reasonable help includes helping the authorised officer to find and gain access to a thing at the premises or place (including electronically stored material and information).

S. 149 inserted by No. 63/2017 s. 18.

149 General investigation powers relating to entry of motor vehicle

(1) This section applies if the location being investigated is a motor vehicle.

(2) The authorised officer may search and inspect the motor vehicle and do any of the following things for the purpose of the investigation—

(a) inspect a non-cash payment processing device in or on the vehicle;

(b) make a sketch of the vehicle or anything in or on it;

(c) perform tests;

(d) record images or sound;

See section 153 in relation to the admissibility of these recordings.

(e) search for, inspect or copy relevant documents that are in or on the vehicle;

(f) extract or copy any information that is held in any engine management system or related system of the vehicle;

(g) direct any of the following persons to give the officer reasonable help to search or inspect the vehicle or exercise the officer's powers under this subsection—

(i) the driver of the vehicle;

(ii) if the vehicle is a commercial passenger vehicle, the person in whose name the vehicle is registered under Part 3;

(iii) if the vehicle is at industry premises, a person at those premises;

(h) exercise any other power conferred on the officer by or under this Act.

(3) In doing anything referred to in subsection (2), the authorised officer may be assisted by any person.

reasonable help includes—

(a) helping the authorised officer to find and gain access to a thing in or on the motor vehicle (including electronically stored material and information); and

(b) running the engine of a motor vehicle; and

(c) operating equipment in or on a motor vehicle; and

(d) operating a non-cash payment processing device.

S. 150 inserted by No. 63/2017 s. 18.