Part 6Taxis

Part 6—Taxis 45—Requirement for licence (1) A person must not— (a) operate a passenger transport service by means of a vehicle that displays the word "TAXI", or any other word or combination of words that are determined by the Minister, by notice in the Gazette, to be subject to regulation under this provision; or (b) cause or permit a vehicle used for the purposes of a passenger transport service operated by the person to ply for hire or stand at a designated taxi-stand; or (c) except as authorised by the Minister or the regulations, cause or permit a vehicle used for the purposes of a passenger transport service operated by the person to ply for hire in a public street, road or place; or (d) except as authorised by the Minister or the regulations, operate a passenger transport service by means of a vehicle that is fitted with a taxi-meter, unless the person holds a licence for that vehicle under this Part. (2) A licence under this Part is not required for a vehicle if— (a) the vehicle is licensed by a council, or any other authority prescribed by the regulations, for the purposes of a taxi service operated in an area outside Metropolitan Adelaide; and (b) the area in which the vehicle is licensed to operate does not include an area (if any) prescribed by the regulations as an area for which a licence under this Part is required even though the area is outside Metropolitan Adelaide; and (c) the vehicle— (i) is not used to provide a passenger transport service within Metropolitan Adelaide; or (ii) is only used to provide a passenger transport service within Metropolitan Adelaide by virtue of the fact that the vehicle carries a passenger who is travelling between a place within Metropolitan Adelaide and a place outside Metropolitan Adelaide (whether the journey is to or from Metropolitan Adelaide). (3) An applicant for a licence must meet any requirement, standard, criteria, qualification or condition set out in the regulations and must satisfy the Minister as to any matter the Minister considers relevant. (4) If a licence is issued for a vehicle under this Part— (a) the vehicle must display the word "TAXI" in accordance with the regulations; and (b) the fares to be charged or other arrangements for remuneration must comply with the regulations; and (c) the vehicle must be fitted with a taxi-meter that complies with the regulations. (5) The licence will be subject to such other conditions as the Minister thinks fit to impose in the circumstances of the particular case, or as the regulations may provide. (6) The Minister may, if the Minister considers it appropriate to do so, by notice in writing to the holder of the licence, vary the conditions imposed by the Minister. (7) The conditions of a licence may be varied by the addition, substitution or deletion of one or more conditions. (8) A person who— (a) contravenes subsection (1); or (b) being the holder of a licence— (i) contravenes or fails to comply with a requirement of subsection (4); or (ii) contravenes or fails to comply with a condition of the licence, 46—Applications for licences or renewals (1) An application for a licence, or the renewal of a licence, under this Part must be made to the Minister in a manner and form determined by the Minister. (2) The prescribed fee is payable to the Minister in respect of an application under this Part. (3) The applicant must be an accredited person of an appropriate kind. 47—Issue and term of licences (1) The Minister may, on due application but subject to this Act and the regulations, issue or renew a licence under this Part. (2) A licence continues in force (unless sooner cancelled or surrendered) for a period of 12 months from the day on which it is granted or, in the case of a renewal of a licence, 12 months after the expiry of the term of the previous licence. (3) The term of a licence commences— (a) on the day on which it is granted; or (b) if the licence is renewed on payment of the prescribed fee before the expiry of the term of the previous licence—on the expiry of the term of the previous licence; or (c) if the licence is renewed on payment of the prescribed fee after the expiry of the term of the previous licence—on payment of the prescribed fee. (4) A licence cannot be transferred, assigned, leased or otherwise dealt with (and a purported dealing in contravention of this subsection is void). (5) A licence may, if the regulations so provide, be of a prescribed kind or grade. 48—Ability of Minister to determine fees (1) The Minister may determine, in respect of licences of a specified kind or grade, that, in addition to the application fee, a fee is payable— (a) on the issue of a licence of that kind or grade; or (b) on a periodical basis during the term of a licence of that kind or grade; or (c) on a transfer, lease or other dealing with a licence of that kind or grade. (2) The fee will be determined by the Minister, or calculated in a manner determined by the Minister, and is payable to the Minister in a manner determined by the Minister. (4) If a person fails to pay a fee in accordance with a determination of the Minister, the Minister may, by notice in writing to the person, require him or her to make good the default and, in addition, to pay to the Minister the amount prescribed as a penalty for default. (5) If a person fails to comply with a notice under subsection (4) within seven days after service of the notice, the relevant licence is, by force of this subsection, suspended until the person complies with the notice. (6) If a person fails to comply with a notice under subsection (4) within one month after service of the notice, the relevant licence is, by force of this subsection, cancelled. 49—Cancellation of licence at request of licensee (1) The holder of a licence may, at any time, apply to the Minister for cancellation of the licence and payment of any applicable refund. (2) If an application for cancellation of a licence is made and the holder of the licence complies with any requirements of the Minister in relation to the cancellation, the Minister must (subject to this section) cancel the licence and pay to the applicant a refund calculated in accordance with the regulations. 50—Suspension or revocation of licences (1) A licence may be suspended or cancelled by the Minister if— (a) the holder's accreditation is suspended or revoked under this Act; or (b) the holder, or an agent or employee of the holder, contravenes or fails to comply with section 45(4), or with a condition of the licence; or (c) the holder, or an agent or employee of the holder, contravenes or fails to comply with or satisfy, any requirement, standard, criteria, qualification or condition prescribed by the regulations for the purposes of this provision. (2) The procedures set out in the regulations must be observed before the Minister suspends or cancels a licence under this section. 51—Appeals (1) A person— (a) whose application for a licence under this Part has been refused; or (b) who is the holder of a licence and is aggrieved by a decision of the Minister with respect to the conditions imposed with respect to the licence, or a variation or proposed variation of them; or (c) who is the holder of a licence and is aggrieved by a decision of the Minister under section 49; or (d) who is (or has been) the holder of a licence and is aggrieved by a decision of the Minister under section 50, may appeal to the District Court. (2) A right of appeal does not lie against a decision of the Minister to suspend or cancel a temporary licence. (3) Division 6 of Part 4 will apply with respect to the appeal with such modifications or variations as may be necessary or appropriate, or as may be prescribed. 52—False advertising (1) A person who does not hold a licence under this Part must not— (a) hold himself or herself out as a person who can provide a taxi service for the transport of passengers; or (b) use the word "TAXI", or any other word or combination of words that are determined by the Minister, by notice in the Gazette, to be subject to regulation under this provision, so as to imply, or lead persons reasonably to believe, that he or she can provide a taxi service for the transport of passengers. (2) Subsection (1) does not apply— (a) to an employee or agent of the holder of a licence who is acting in the course of his or her employment or agency; or (b) to a person who is not required to hold a licence under this Part by virtue of section 45(2); or (c) in any circumstance prescribed by the regulations. 52AA—No compensation No action lies against the State (whether an action for damages, equitable compensation, or otherwise) in relation to the abolition or diminution of taxi licences affected by or pursuant to— (a) the Passenger Transport (Point to Point Transport Services) Amendment Act 2025; or (b) any provisions of a saving or transitional nature consequent on the enactment of that Act (whether contained in Schedule 2 of that Act or in regulations made under this Act). 52AB—Scheme for buy-back or cancellation of perpetual licences (1) A licence in force immediately before the commencement of this section continues to have effect as if it were a licence under this Part and this Part applies to the licence (as in force on the commencement of this section or as subsequently renewed) subject to any modifications or conditions specified in the prescribed scheme applying to that kind or grade of licence. (2) The Minister may, on or after a date specified in the prescribed scheme, cancel any licence referred to in subsection (1). (3) For the avoidance of doubt (and without limiting subsection (1)), a prescribed scheme may provide— (a) that section 47(2) does not apply to a kind or grade of licence (or to a specified class of licences of a particular kind or grade) and that such licences will continue to have effect in perpetuity or until the happening of a specified event; or (b) that a provision or provisions of this Part as in force before the commencement of this section will continue to apply to a kind or grade of licence (or to a specified class of licences of a particular kind or grade); or (c) that any provision or provisions of this Part will not apply or will apply in a different way to a kind or grade of licence (or to a specified class of licences of a particular kind or grade). (4) In this section— prescribed scheme means a scheme determined by the Minister by notice in the Gazette to implement a government buy‑back or cancellation of taxi licences in force before the commencement of this section.