4Certain service facilitators and other persons to be booking service providers

4 Certain service facilitators and other persons to be booking service providers

4 Certain service facilitators and other persons to be booking service providers

(1) For the purposes of section 7(4) of the Act, an individual or body corporate is taken to be the provider of a booking service if they carry on the business of providing any of the following services—

(a) technology services that facilitate or enable bookings for passenger services,

(b) marketing services in connection with facilitating or enabling bookings for passenger services,

(c) recruitment, assessment, monitoring, disciplinary or other management services relating to drivers used or proposed to be used for related booked services,

(d) complaint management services relating to related booked services and fares for related booked services.

(2) Subclause (1) does not apply to an individual or body corporate if an authorisation is held by another individual or body corporate constituted or recognised under a law of Australia to provide the booking service in connection with which the services are provided.

(3) An individual that is the nominated manager of an entity prescribed for the purposes of section 30(1)(d) of the Act (a prescribed entity) is taken to be the provider of a booking service.

(4) An individual or body corporate that is the provider of a booking service because of this clause is exempt from Part 3 of the Act in respect of the booking service if—

(a) an authorisation to provide the booking service in connection with which a service specified in subclause (1) is provided or for which the person is a nominated manager is held by a prescribed entity, and

(b) the authorisation is not suspended.

(5) An individual or body corporate that is the provider of a booking service because of this clause is exempt from any other provision of the Act or this Regulation that applies to or in respect of a provider of a booking service (other than Part 1, Division 2 of Part 7 and Parts 8, 10 and 11 of the Act and this clause and clause 92) if the applicable requirements of that provision are complied with in relation to the booking service by a prescribed entity.