7Meaning of *booking service*

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.