Part 7Miscellaneous

Part 7—Miscellaneous 53—Authorised officers (1) The Minister may appoint suitable persons to be authorised officers under this Act. (2) An appointment under this section may be subject to any condition or limitation specified by the Minister. (3) A person appointed under this section must be issued with an identity card— (a) containing a photograph of the person; and (b) stating any limitations on the authorised officer's authority. (4) An authorised officer must, at the request of a person in relation to whom the authorised officer intends to exercise a power under this Act, produce for the inspection of the person his or her identity card. (5) An authorised officer may, as may reasonably be required in connection with the administration, operation or enforcement of this Act— (a) at any time, enter and inspect premises where there is, or where the authorised officer suspects on reasonable grounds that there is, a vehicle that is, or is to be, used for the purposes of a passenger transport service; (b) at any time, enter and inspect a vehicle that is, or that the authorised officer suspects on reasonable grounds is, a vehicle that is, or is to be, used for the purposes of a passenger transport service, and for that purpose require a vehicle to stop, or to be presented for inspection at a place and time specified by the authorised officer; (c) carry out, or cause to be carried out, an examination or test of a vehicle; (d) require a person to produce documents (which may include a written record reproducing in an understandable form information stored by computer, microfilm or other process); (e) examine, copy or take extracts from a document or information so produced or require a person to provide a copy of any such document or information; (f) require a person to produce evidence of an accreditation or licence required under this Act, or a certificate or other authorisation required for the purposes of this Act; (g) require a person to answer questions; (h) require a person who is the owner of a vehicle, or apparently in charge of a vehicle, to answer questions put by the authorised officer for the purpose of obtaining information which may lead to the identification of the person who was driving the vehicle on any occasion; (i) give directions reasonably required in connection with the exercise of a power conferred by any of the above paragraphs or otherwise in connection with the administration, operation or enforcement of this Act; (j) exercise other prescribed powers. (6) An authorised officer must not exercise the powers conferred by subsection (5)(a) in respect of premises that are domestic premises, or that are not the premises of the holder of an accreditation under this Act, except on the authority of a warrant issued by a magistrate unless the authorised officer believes, on reasonable grounds, that the circumstances require immediate action to be taken. (7) In the exercise of powers under this section an authorised officer may be assisted by such persons as may be necessary or desirable in the circumstances. (8) An occupier of premises must give to an authorised officer or a person assisting an authorised officer such assistance as is reasonably required for the effective exercise of a power conferred by this section. (9) Subject to subsections (10) and (11), a person who— (a) without reasonable excuse, hinders or obstructs an authorised officer, or a person assisting an authorised officer, in the exercise of powers under this Act; or (b) uses abusive, threatening or insulting language to an authorised officer, or a person assisting an authorised officer; or (c) without reasonable excuse, fails to obey a requirement or direction of an authorised officer under this Act; or (d) without reasonable excuse, fails to answer, to the best of the person's knowledge, information and belief, a question put by an authorised officer; or (e) falsely represents, by words or conduct, that he or she is an authorised officer, (10) A person is not obliged to answer a question or to produce, or provide a copy of, a document or information as required under this section that to do so might tend to incriminate the person or make the person liable to a penalty. (11) A person is not obliged to provide information under this section that is privileged on the ground of legal professional privilege. (12) An authorised officer, or a person assisting an authorised officer, who, in the course of exercising powers under this Act— (a) addresses offensive language to any other person; or (b) without lawful authority, hinders or obstructs or uses or threatens to use force in relation to any other person, 54—Inspections (1) In this section— approved vehicle inspector means— (a) a person who is accredited by the Minister as an approved vehicle inspector for the purposes of this section; or (b) an authorised officer who is approved by the Minister to act as an approved vehicle inspector for the purposes of this section; operator in relation to a vehicle to which this section applies (see subsection (2)) means the person who operates the passenger transport service for which the vehicle is used; prescribed requirements or standards includes requirements or standards determined and published by the Minister and made available to interested persons; relevant fee means— (a) in relation to an inspection carried out by an approved vehicle inspector who is an authorised officer—the prescribed fee; (b) in any other case—a fee determined by agreement between the owner of the relevant vehicle and the approved vehicle inspector. (2) Subject to subsection (3), this section applies to any public passenger vehicle. (3) The Minister may, by instrument in writing or by notice published in the Gazette— (a) exempt a specified vehicle or vehicles of a specified class from this section (or from specified parts of this section); (b) vary or revoke an exemption under paragraph (a). (4) An exemption under subsection (3) is subject to conditions and limitations (if any) determined by the Minister and specified in the instrument or notice of exemption. (5) The operator of a vehicle to which this section applies must cause that vehicle to be inspected by an approved vehicle inspector at least once within each prescribed period or as the Minister may direct in a particular case. (6) Subject to this section, an approved vehicle inspector must, after inspection of a vehicle and on payment of the relevant fee, issue a certificate of inspection in the prescribed form in respect of that vehicle and, subject to this Act, that certificate remains in force until the expiration of the next period, specified in the certificate, within which the vehicle must be again inspected. (7) Subject to subsection (9), an approved vehicle inspector must not issue a certificate of inspection unless satisfied, to such extent as may be reasonable in the circumstances— (a) that the vehicle does not have a mechanical defect or inadequacy that may render the vehicle unsafe; or (b) that the vehicle provides reasonable comfort to passengers; or (c) that the interior or exterior of the vehicle is reasonably clean and in good order or appearance; or (d) that there is not a deficiency in a sign, meter or other equipment required to be fitted to the vehicle under this Act; or (e) that the vehicle complies with prescribed requirements or standards relating to its safety, design, service, maintenance or condition, (and for the purposes of this subsection the inspector may rely on evidence of a prescribed kind). (8) Subject to subsection (9), an approved vehicle inspector may refuse a certificate of inspection where, in his or her opinion, the vehicle has not, since a certificate was last issued, been maintained in accordance with a prescribed scheme of maintenance that applies to the vehicle. (9) An approved vehicle inspector may, instead of taking action under subsection (7) or (8), require that the vehicle be repaired or altered, or that other specified action be taken to rectify the vehicle, and then be resubmitted for inspection within a stated period and, pending that resubmission, may issue a temporary certificate. (10) If a vehicle is not resubmitted in accordance with a requirement under subsection (9) or, on inspection, a vehicle that is subject to a requirement under subsection (9) is found to be unsatisfactory, the temporary certificate is, by force of this provision, revoked. (11) An approved vehicle inspector may, when issuing a certificate under this section, attach such conditions to the certificate as he or she thinks fit. (12) An authorised officer who is authorised by the Minister to exercise the powers under this subsection may at any time, by notice given to an owner or operator of a vehicle to which this section applies, direct that the vehicle be presented for inspection under this section at such place and time as is specified in the notice. (13) The Minister may cancel a certificate if satisfied— (a) that the vehicle to which the certificate relates does not comply with any standard or other requirement that applies under subsection (7); or (b) that since the certificate was issued, there has been a failure to maintain the vehicle in accordance with a prescribed scheme of maintenance that applies to the vehicle; or (c) that a condition of the certificate has been contravened or has not been complied with; or (d) that a person has failed to comply with a notice given under subsection (12). (14) If a vehicle to which this section applies is used to carry passengers (other than the driver) and the vehicle is not the subject of a current certificate under this section, the driver of the vehicle and any person by whom the driver is employed to drive the vehicle are each guilty of an offence. (15) A person who, without reasonable excuse— (a) contravenes or fails to comply with a condition under subsection (4) or (11); or (b) fails to comply with subsection (5); or (c) fails to comply with a notice under subsection (12), (16) An authorised officer or a member of the police force may require the driver of a vehicle to which this section applies to stop the vehicle for the purpose of permitting that officer or member of the police force to inspect the certificate of inspection required under this section. (17) The Minister may, for the purposes of this section— (a) establish a scheme for the accreditation of persons as approved vehicle inspectors; (b) establish a code of practice to be observed by approved vehicle inspectors; (c) revoke a person's accreditation as an approved vehicle inspector in prescribed circumstances. (18) A person who contravenes a code of practice established under subsection (17) is guilty of an offence. Penalty: Division 5 fine. Expiation fee: $315. (19) The Minister may recognise a certificate of inspection issued in respect of a vehicle under the law of another State or a Territory if the Minister is satisfied that the issuing body observes standards of safety comparable to those required under this Act or that it is otherwise appropriate to recognise the certificate for the purpose of this section. (20) A certificate of inspection recognised by the Minister under subsection (19) will be taken to be a certificate issued under this section. (21) A person who, as an approved vehicle inspector or authorised officer, performs an act in pursuance or purported pursuance of this section or omits to exercise a power conferred under this section, incurs no civil or criminal liability in respect of that act or omission if the person acted, or omitted to act, in good faith and with reasonable care. 55—False information (1) A person who— (a) by a false statement or misrepresentation, obtains or attempts to obtain an accreditation or licence under this Act or procures or attempts to procure a service contract; or (b) forges or fraudulently alters or uses such an accreditation or licence; or (c) fraudulently allows such an accreditation or licence to be used by another person, Penalty: Division 4 fine. (2) A person who, in furnishing information required under this Act, makes a statement that is false or misleading in a material particular is guilty of an offence. Penalty: Division 5 fine. 56—General offences (1) A person must not— (a) throw or place an object that might impede the free passage of a vehicle operated for the purposes of a passenger transport service; or (b) interfere with any structure, equipment, sign or notice necessary for the safe operation of a passenger transport service; or (c) otherwise obstruct or impede the proper operation of a passenger transport service. Penalty: Division 4 fine. (2) If an object may impede the free passage of a vehicle operated for the purposes of a passenger transport service, an employee of the person operating the service may take reasonable action to have the object removed. (3) A person must not, without lawful authority, damage or deface a public passenger vehicle, or any structure, equipment, materials, sign or notice used for the purpose of, or in connection with, a passenger transport service. (4) Upon conviction of a person for an offence against subsection (3), the court may order the convicted person to pay to the operator of the passenger transport service such amount as the court thinks just to compensate the operator for loss arising from the commission of the offence. (5) A person must not behave in a disorderly or offensive manner while in or on a public passenger vehicle. Penalty: Division 8 fine. (6) An employee of the operator of a public passenger vehicle who has reason to believe that a person has committed an offence against subsection (5) may require that person to alight from the vehicle. (7) A person must comply with a requirement under subsection (6). Penalty: Division 8 fine. (8) If a person who has been required to alight from a vehicle under subsection (6) fails to do so in accordance with that requirement, a member of the police force or a person who is authorised by the Minister to exercise powers under this subsection may exercise reasonable force to remove the person from the vehicle. 57—Offenders to state name and address (1) A person reasonably suspected by a member of the police force or a prescribed officer to be committing or to have committed an offence against this Act may be required to state his or her full name and usual place of residence, and to produce evidence of his or her identity. (2) A person who— (a) fails or refuses to comply with a requirement made by a member of the police force or a prescribed officer under this section; or (b) in purported compliance with such a requirement, states a name that is not his or her name or an address that is not his or her usual place of residence, (3) A person is not guilty of an offence under this section unless it is established that the member of the police force or prescribed officer— (a) warned the person that a failure or refusal to comply with the requirement is an offence; and (b) produced an official identity card for inspection by the person. (4) In this section— prescribed officer means a person who is authorised by the Minister to exercise powers under this section. 58—Liability of operators for acts or omissions of employees or agents For the purposes of this Act, an act or omission of an employee or agent of a person who operates a passenger transport service will be taken to be an act or omission of that operator unless he or she proves that the employee or agent was not acting in the course of employment or agency. 59—General provisions relating to offences (2) Subject to subsection (2a), a prosecution for an offence against this Act may be commenced at any time within two years after the date of the alleged commission of the offence or, with the authorisation of the Attorney-General, at a later time within three years after the date of the alleged commission of the offence. (2a) A prosecution for an offence against Schedule 2 may be commenced at any time within 5 years after the date of the alleged commission of the offence or, with the authorisation of the Attorney-General, at any later time. (3) An apparently genuine document purporting to be signed by the Attorney-General and to authorise the commencement of proceedings for an offence against this Act will be accepted in any legal proceedings, in the absence of proof to the contrary, as proof of the authorisation. (8) Notwithstanding the Expiation of Offences Act 1987, an expiation notice may be given to a child who has attained the age of 15 years. 61—Evidentiary provision In proceedings, a certificate purporting to be executed by the Minister certifying as to a matter relating to— (a) a delegation or authority under this Act; or (b) an accreditation or licence, or lack of an accreditation or licence under this Act; or (c) a notice, requirement or direction of the Minister under this Act; or (d) the receipt or non-receipt by the Minister of a notification, record or information required to be given, furnished or provided to the Minister under this Act, constitutes proof, in the absence of proof to the contrary, of the matters so certified. 62—Recovery of debts (1) A relevant debt amount is recoverable by the Minister as a debt due to the Crown. (2) If 2 or more persons are jointly or severally liable to pay an amount referred to in subsection (1), the Minister may recover the whole of the amount from them, or any of them, or any 1 of them. (3) Nothing in this Act prevents a person who is jointly or severally liable to pay an amount, and who pays the amount, to the Minister from recovering a contribution from any other person who is liable to pay the whole or part of that amount. (4) This section is in addition to and does not derogate from the provisions of the Fines Enforcement and Debt Recovery Act 2017. (5) In this section— relevant debt amount means a fee, levy or other amount payable under this Act and includes— (a) any interest or penalty amounts payable under this Act; and (b) the amount of any overpayment made by the Minister to a person under this Act as a result of any incorrect or false information provided by a person or any administrative error. 62A—Point to point transport service transaction levy A point to point transport service transaction levy is payable as provided in Schedule 2. 62B—Application of levy amounts (1) Amounts collected as point to point transport service transaction levy amounts under Schedule 2 may only be applied for any 1 or more of the following purposes: (a) the provision of public transport services in the State; (b) the administration and regulation of the passenger transport industry in the State; (c) measures to improve disability access to passenger transport services in the State; (d) the facilitation of active transport in the State; (e) implementation of a prescribed scheme under section 52AB. (2) In this section— active transport means walking, bicycle riding, scooter riding or other self-propelled means of transportation. 63—Registration of prescribed passenger vehicles (1) In this section— number means— (a) a figure or combination of figures; or (b) a combination of letters of the alphabet; or (c) a combination of figures and letters of the alphabet; prescribed vehicle means a public passenger vehicle of a prescribed class; Registrar means the Registrar of Motor Vehicles (or any person acting on behalf of the Registrar of Motor Vehicles). (2) Despite the Motor Vehicles Act 1959, the following provisions apply in relation to prescribed vehicles: (a) the Registrar must for the purposes of this section register a prescribed vehicle for a period fixed by the Registrar with the approval of the Minister; (b) the plates bearing the registered number assigned to a prescribed vehicle, and the number on those plates, must be of a colour approved by the Registrar and the Minister, and must bear any additional design, letters or figures determined by the Minister after consultation with the Registrar; (c) the Minister may issue registration plates for a prescribed vehicle (or arrange for the Registrar to issue the plates on behalf of the Minister), and those plates will remain the property of the Minister; (d) a fee determined by the Minister is payable on the issue of plates under paragraph (c); (e) if a prescribed vehicle ceases to be a public passenger vehicle (whether by reason of the cancellation or suspension of an accreditation or licence under this Act, or for some other reason), the vehicle ceases to be entitled to bear the plates issued under this section; (f) unless satisfied that the applicant is the holder of a current and operative accreditation or licence in respect of a prescribed vehicle, the Registrar must not transfer the registration or issue a duplicate registration card in respect of a prescribed vehicle; (g) on an application for registration of a vehicle which has been, but has ceased to be, a prescribed vehicle, the Registrar must refuse to assign to the vehicle the registered number which the vehicle bore while it was a prescribed vehicle; (h) the registered owner of a prescribed vehicle may, at any time, apply to the Registrar for cancellation of the registration of the vehicle and payment of any applicable refund; (i) if such an application is made and the registered owner complies with any requirements of the Registrar in relation to delivery or destruction of the registration label (if any) issued in relation to the vehicle, the Registrar must (subject to this section) cancel the registration and pay to the applicant any refund that would have been payable in respect of the cancellation if it had occurred under the provisions of the Motor Vehicles Act 1959; (j) the Registrar must not deduct from any such refund a cancellation fee (if a cancellation fee could otherwise be deducted under the provisions of the Motor Vehicles Act 1959)— (i) if the registered owner of a motor vehicle applies for cancellation of its registration and at the same time applies for registration of the same vehicle as a prescribed vehicle; or (ii) if the registered owner of a prescribed vehicle applies for cancellation of its registration and at the same time applies for registration of the same vehicle as a motor vehicle. 64—Regulations and fee notices (1) The Governor may make regulations as contemplated by this Act, or as necessary or expedient for the purposes of this Act, including regulations that make provision for or in relation to any of the matters specified in Schedule 1. (2) The regulations may— (a) refer to or incorporate, wholly or partially and with or without modification, a code, standard or other document prepared or published by a prescribed body, either as in force at the time the regulations are made or as in force from time to time; and (b) be of general or limited application; and (c) make different provision according to the persons, things or circumstances to which they are expressed to apply; and (d) provide that a specified provision of this Act does not apply, or applies with prescribed variations, in any circumstance or situation (or circumstance or situation of a prescribed class) specified by the regulations, subject to any condition to which the regulations are expressed to be subject; and (e) provide that any matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister or another prescribed authority; and (f) in relation to fees, prescribe differential fees or provide for fees to be determined according to prescribed factors and provide for their waiver, reduction or remission; and (g) make provisions of a saving or transitional nature consequent on the enactment of the Passenger Transport (Point to Point Transport Services) Amendment Act 2025. (2a) The Minister must ensure that consultation is undertaken (in such manner as the Minister thinks fit) with the following classes of persons before any designated regulation is made under this Act: (a) persons who, in the opinion of the Minister, represent industries involved in the provision of passenger transport services; (b) persons who, in the opinion of the Minister, represent consumers of passenger transport services (including consumers with disabilities or other special needs). (3) Where the regulations refer to or incorporate a code, standard or other document prepared or published by a prescribed body— (a) a copy of the code, standard or other document must be kept available for inspection by members of the public, without charge and during normal office hours, at an office or offices specified in the regulations; and (b) in legal proceedings, evidence of the contents of the code, standard or other document may be given by production of a document purporting to be certified by or on behalf of the Minister as a true copy of the code, standard or other document; and (c) the code, standard or other document has effect as if it were a regulation made under this Act. (4) The Minister may prescribe fees for the purposes of this Act by fee notice under the Legislation (Fees) Act 2019. (5) A fee notice may prescribe a fee by specifying an amount or by setting out the manner in which the fee amount is to be calculated. (6) A fee notice may provide for the waiver, reduction or remission of fees. (7) In this section— designated regulation means a regulation that is, in the opinion of the Minister, made for the purpose of implementing the Passenger Transport Act Review undertaken by the government of South Australia and published in August 2024. Schedule 1—Regulations 1 The prescription of codes of practice to be observed by various persons for the purposes of this Act. 2 Accreditations, service contracts and licences under this Act, including— (a) matters to which they may relate, and requirements (including requirements for driver training), standards, criteria, qualifications or conditions that must be satisfied in order for an accreditation, service contract or licence to be granted or renewed; and (b) requirements as to their form, and the terms, conditions and particulars applying under or with respect to them; and (c) the forms and conditions to be observed when submitting applications or tenders for them; and (d) other matters relating to their award, refusal, variation, transfer, suspension, revocation, cancellation or surrender; and (e) conditions of service applicable to school bus services or in other special circumstances. 3 The records and accounts to be kept by an accredited person, the holder of a service contract or the holder of a licence, the manner of keeping them and their inspection. 4 The records, certificates and documents to be kept by the drivers and operators of public passenger vehicles, the manner of keeping those records, and their inspection. 5 The furnishing of returns and other information (including business or commercial information), verified as prescribed. 6 Fixing fees or charges to be paid in respect of any matter under this Act and the regulation of the payment, recovery, waiving or reduction of such fees or charges, or empowering the Minister to fix such fees or charges. 7 The adjustment of payments and refunds in connection with contract and other fees. 8 The prohibition or restriction of the use of public passenger vehicles on any specified public street, road or place, or any portion of a public street, road or place, or within any specified area, either generally or within certain hours. 9 The sections, terminal points and stopping-places on any passenger transport route. 10 The compilation, publication and observance of time-tables. 11 The more effective checking of time-tables and ensuring that vehicles are not withdrawn from an ordinary route without the approval of the Minister. 12 The safety, design, equipment, fittings (internal or external) and condition of public passenger vehicles and the prescription of various standards to which public passenger vehicles must conform. 13 The maximum age of vehicles that may be used as public passenger vehicles. 14 Empowering the Minister to require that public passenger vehicles display or be fitted with such notices, signs, equipment or other devices or fittings as the Minister thinks fit. 15 The regulation or prohibition of the use of certain words, notices or signs in or on public passenger vehicles. 16 The regulation or prohibition of advertisements within or on the outside of public passenger vehicles. 17 The declaration of the speed not to be exceeded by public passenger vehicles whether generally or in a specified locality or on a specified public street, road or place or part of a public street, road or place. 18 The erection and display of notices and signs for the guidance of the drivers of public passenger vehicles and the public. 19 The number of public passenger vehicles of any class or description which may ply for hire or stand in a public street, road or place. 20 The methods that may be adopted by the drivers of public passenger vehicles plying for hire in a public street, road or place and the regulation or prohibition of plying for hire in a particular street, road or place or part of a street, road or place. 21 The use and control of taxi stands (including the power to prohibit the use of taxi stands by prescribed classes of vehicles or in prescribed circumstances). 22 Providing for the substitution of another vehicle, with the consent of the Minister, for a vehicle to which a licence under Part 6 relates, and making provision for the assignment of registration plates.