ACTIn ForceAct
Road Transport (Public Passenger Services) Act 2001
36ICourt may order transport booking service to take certain
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36I Court may order transport booking service to take certain
actions
(1) This section applies if a court finds a corporation guilty of an offence
against 1 of more of the following sections:
(a) section 32 (Transport booking service must be accredited);
(b) section 33 (Transport booking service must comply with
accreditation conditions);
(c) section 36G (Transport booking service—responsibilities).
(2) In addition to, or instead of, any other penalty the court may impose
on the corporation, the court may order the corporation to do 1 or
more of the following:
(a) take any action stated by the court to publicise—
(i) the offence; and
(ii) the consequences resulting from or related to the conduct
from which the offence arose; and
(iii) any penalties imposed, or other orders made, because of
the offence;
(b) take any action stated by the court to notify 1 or more stated
people of the matters mentioned in paragraph (a);
Transport booking service—operation Division 3.4
(c) do stated things or establish or carry out a stated project for the
public benefit even if the project is unrelated to the offence.
Example—par (a)
advertise on television or in a daily newspaper
Example—par (b)
publish a notice in an annual report or distribute a notice to shareholders of the
corporation
Example—par (c)
develop and operate a community service
(3) In making the order, the court may state a period within which the
action must be taken, the thing must be done or the project must be
established or carried out, and may also impose any other requirement
that it considers necessary or desirable for enforcement of the order
or to make the order effective.
(4) The total cost to the corporation of compliance with an order or orders
under subsection (2) in relation to a single offence must not be more
than 6 500 penalty units (including any fine imposed for the offence).
(5) If the court decides to make an order under subsection (2), it must, in
deciding the kind of order, take into account, as far as practicable—
(a) the severity and extent of the consequences resulting from or
related to the conduct from which the offence arose; and
(b) any actions taken by the corporation to rectify damage resulting
from or related to the conduct from which the offence arose; and
(c) the financial circumstances of the corporation; and
(d) the nature of the burden that compliance with the order will
impose on the corporation.
(6) The court is not prevented from making an order under subsection (2)
only because it has been unable to find out the financial circumstances
of the corporation.
(7) If a corporation fails, without reasonable excuse, to comply with an
order under subsection (2) (a) or (b) within the stated period (if any)
the court may, on application by the road transport authority, by order
authorise the director-general—
(a) to do anything that is necessary or convenient to carry out any
action that remains to be done under the order and that it is still
practicable to do; and
(b) to publicise the failure of the corporation to comply with the
order.
(8) If the court makes an order under subsection (7), the director-general
must comply with the order.
(9) Subsection (7) does not prevent contempt of court proceedings from
being started or continued against a corporation that has failed to
comply with an order under this section.
(10) The reasonable cost of complying with an order under subsection (7)
is a debt owing to the Territory by the corporation against which the
order was made.
Licensing of taxi vehicles Part 4
Basic concepts Division 4.1