Part 7Miscellaneous

Part 7—Miscellaneous 154—Minister may waive or refund fees The Minister may, in the Minister's discretion, waive payment of the whole or a part of a fee prescribed for the purposes of the Act or these regulations, or refund the whole or a part of such a fee. 155—Minister may determine fares, charges etc for regular passenger services (1) The Minister may— (a) determine the fares, charges and other arrangements for remuneration (including the mode of computing fares, charges or other rates of remuneration) to be paid by a person for a service provided by the operator of a regular passenger service; and (b) provide for the collection or payment of such fares, charges or other remuneration; and (c) determine the form of any ticket, pass or identification or concession card for the purposes of the Act. (2) The Minister must ensure that notice of a determination under subregulation (1) is published in the Gazette. 156—Fares for passenger transport services (other than taxi services or regular passenger services) (1) The operator of a passenger transport service (other than a taxi service or regular passenger service) must ensure that a person who engages a vehicle is aware of the cost of the service, or the basis for the calculation of the cost of the service, before the relevant journey begins. (2) The cost of a passenger transport service (other than a taxi service or regular passenger service) must be— (a) a fixed amount determined before the relevant journey begins; or (b) a cost determined according to 1 or more of the following: (i) a rate per kilometre; (ii) a rate per hour; (iii) a rate per day; (iv) a rate per passenger; (v) a rate approved by the Minister. (3) An operator of a passenger transport service (other than a taxi service or regular passenger service) may also charge— (a) a booking fee; and (b) a fee for the alteration or cancellation of a booking. 157—SATSS Conditions of Use (1) The Minister may determine (or vary) conditions of use for the South Australian Transport Subsidy Scheme for— (a) the drivers and operators of taxi services or certain car hire services; and (b) centralised booking services; and (c) SATSS members. (2) The Minister must ensure that the SATSS conditions of use (or a variation to conditions of use) under subregulation (1) are published in the Gazette. (3) The SATSS conditions of use may include rules, procedures, prohibitions, restrictions or limitations that are to apply to accredited drivers, operators, centralised booking services and SATSS members, including (but not limited to)— (a) eligibility criteria for persons using the scheme; and (b) requirements for the carrying, presentation and verification of certain identification cards determined by the Minister for the purposes of the scheme; and (c) requirements relating to persons permitted to travel in taxis or certain hire cars for a subsidised trip; and (d) rules about entering information on or in respect of a SATSS voucher; and (e) rules about the calculation and payment of fares; and (f) requirements relating to the issuing of receipts by drivers and the information required on receipts; and (g) requirements for reporting any real or potential conflict of interest as defined in the SATSS conditions of use. (4) A SATSS member who fails to comply with a SATSS condition of use is guilty of an offence. (5) A driver of a taxi or certain hire car, an operator of a taxi service or hire car service, or a centralised booking service who fails to comply with a SATSS condition of use in respect of that driver, operator or service is guilty of an offence. 158—SATSS Vouchers (1) A person must not use a SATSS voucher unless they are eligible to use the voucher in accordance with the SATSS conditions of use and any other requirements determined by the Minister. (2) A driver of a taxi or certain hire car must not accept more than 1 SATSS voucher in satisfaction for the amount of the fare for a hiring unless in compliance with the SATSS conditions of use. (3) A driver of a taxi or certain hire car, an operator of a taxi service or hire car service or a centralised booking service who— (a) makes a false statement or misrepresentation on a SATSS voucher; or (b) forges or fraudulently alters a SATSS voucher; or (c) fraudulently allows a SATSS voucher to be used by a person other than a SATSS member, is guilty of an offence. (4) A person who— (a) makes a false statement or misrepresentation on a SATSS voucher; or (b) forges or fraudulently alters a SATSS voucher; or (c) fraudulently allows a SATSS voucher to be used by a person other than a SATSS member, is guilty of an offence. 159—Defences In proceedings for an offence against regulation 157(4) or regulation 158(4), it is a defence to prove that— (a) the defendant was unable to comply with the regulation because of a disability; or (b) the act or omission constituting the offence was attributable to an honest and reasonable mistake on the defendant's part. 159A—Point to point transport service levy—prescribed amount For the purposes of Schedule 2 clause 2(3) of the Act, the prescribed amount is $2. 160—Records to be kept by relevant providers during assessment periods For the purposes of Schedule 2 clause 4(2)(a) of the Act, the following records must be kept by a person who is a relevant provider during an assessment period: (a) in the case of a relevant provider who is the operator of a booking service— (i) the total number of point to point transport service journeys booked by the relevant provider that commenced in the Adelaide Metropolitan area; and (ii) the registration number and licence number (if any) of each vehicle that provided point to point transport services in consequence of bookings made by the relevant provider; and (iii) the total number of requests for bookings for point to point transport services that were received by the relevant provider; and (iv) the total number of bookings for point to point transport services that were completed by the relevant provider; and (v) the total number of journeys completed by vehicles that provided point to point transport services in consequence of bookings made by the relevant provider; and (vi) in the case of the operator of a booking service for taxis—the total number of taxi‑meter activations made in consequence of bookings for point to point transport services taken by the relevant provider; and (vii) in relation to journeys completed by vehicles that provided a point to point transport service in consequence of bookings made by the relevant provider—information about the place of departure, destination and route of such journeys; (b) in the case of a relevant provider who is not the operator of a booking service— (i) the total number of point to point transport service journeys provided by the relevant provider that commenced in the Adelaide Metropolitan area; and (ii) the registration number and licence number (if any) of each vehicle used by the relevant provider to provide a point to point transport service; and (iii) the total number of journeys completed by vehicles used by the relevant provider to provide a point to point transport service; and (iv) in relation to journeys completed by vehicles used by the relevant provider to provide a point to point transport service—information about the place of departure, destinations and routes of such journeys. 161—Preparation and lodgment of returns by relevant providers A person who is a relevant provider during an assessment period must— (a) prepare a return, in a form determined by the Minister, that contains such information as is necessary for an accurate assessment of the person's liability to the levy for that assessment period; and (b) lodge the return with the Minister within 14 days after the end of that assessment period. Maximum penalty: $5 000. Expiation fee: $315. 162—Exemptions from point to point transport service transaction levy (1) On application by a relevant provider, the Minister may, by notice given to the relevant provider, exempt the relevant provider from liability to the whole or part of the levy for a specified period if the Minister is satisfied that— (a) the relevant provider has previously made an overpayment of the levy; or (b) it is not possible for the relevant provider to produce, or it would be unfair or unreasonable to require that the relevant provider produce, such records as may be required for the correct assessment of the levy to which the relevant provider is liable. (2) On application by a relevant provider, the Minister may, by notice given to the relevant provider, exempt the relevant provider from liability to the whole or part of the levy if satisfied that— (a) the relevant provider has made all reasonable attempts to collect the levy from persons using point to point transport services; and (b) further attempts by the relevant provider to collect the levy from such persons are likely to be unsuccessful. 163—Calculation of levy payable on estimated basis For the purposes of Schedule 2 clause 2(6) of the Act, the amount of the levy payable to the Minister by a relevant provider for an assessment period may be calculated on an estimated basis as if the number of actual point to point transport service transactions engaged in by the relevant provider during the assessment period was equal to the average number of such transactions engaged in by all relevant providers during that assessment period (disregarding any other relevant provider in relation to whom clause 2(6) is being applied for the purposes of determining the levy payable for that assessment period). 164—Interest payable on default of payment of point to point transport service transaction levy (1) Subject to subregulation (4), if a person fails to pay a levy as required under Schedule 2 clause 2 of the Act, interest is payable on the amount of levy unpaid calculated on a daily basis from the end of the last day for payment until the day it is paid. (2) The rate at which interest is payable under subregulation (1) is the rate determined by the Minister from time to time by notice in the Gazette. (3) The Minister must, in making a determination under subregulation (2), have regard to the cash rate published by the Reserve Bank of Australia in the calendar month immediately preceding the month in which the determination is made. (4) If the amount of interest payable for the time being in respect of a default in payment of a levy would, apart from this regulation, be less than $20, no interest is payable in respect of that default. 165—Codes of practice For the purposes of Part 4 of the Act, the codes of practice set out in Schedule 4 are prescribed. 166—Keeping of records Subject to an express provision in these regulations, a person must retain a record required to be kept by the person under the Act or these regulations for— (a) in the case of a work sheet—a period of not less than 12 months after the date of the last entry in it; or (b) in any other case—a period of not less than 2 years after the date of the last entry in it, and must, if required by the Minister to do so by notice in writing, produce it for inspection or deliver it to the Minister. 167—Minister may require various notices etc to be fitted The Minister may require that public passenger vehicles display or be fitted with such notices, signs, equipment or other devices or fittings as the Minister thinks fit. 168—Power of Minister to dispense with certain requirements A requirement or condition under Part 2 Division 1, Division 2 or Division 3 or Part 3 may, in respect of a particular person, or a person of a class determined by the Minister, be dispensed with according to the discretion of the Minister. 169—Service (1) A notice or document required or authorised by or under the Act to be given to or served on a person may— (a) be served on the person personally; or (b) be posted in an envelope addressed to the person— (i) at the person's last known address; or (ii) if the person holds an accreditation under Part 4 of the Act—at the person's address for service; or (c) if the person holds an accreditation under Part 4 of the Act—be left for the person at the person's address for service with someone apparently over the age of 16 years; or (d) be sent electronically to the individual in a manner designated, or agreed to, by the individual for the service of documents of that kind. (2) The address for service of an accredited person is the address of which the Minister has been last notified in writing by the person as the person's address for service. (3) Without limiting the effect of subregulation (1), a notice or other document required or authorised to be given or sent to, or served on, a person for the purposes by or under the Act may, if the person is a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth, be served on the person in accordance with that Act. 170—Evidentiary provision In proceedings for an offence against these regulations, a certificate apparently signed by the Minister and certifying as to an act or decision of the Minister, constitutes proof, in the absence of proof to the contrary, of the matters stated in the certificate.