Transport Co-ordination Act 1966

The Act casts a wide net. Primary duty-bearers are owners and operators of commercial goods vehicles, aircraft, ferries and ships engaged in coasting trade. “Owner” is expansively defined in s. 4(1) to include co-owners, hirers under credit contracts, and persons with use under lease or hire-purchase, but excludes unpaid vendors. “Operate” means to carry or offer to carry passengers or goods for hire or reward or in connection with any trade or business (s. 4(1)). Thus any person or company arranging or performing such carriage is captured.

The Minister and Director General (chief executive of the Department principally assisting the Minister) are central. The Ministerial Body itself is a legal person that can sue and be sued (s. 6). Transport Strategy Committee members, authorised officers, police exercising powers under s. 49, and persons furnishing information under s. 42E are all subject to offence and confidentiality provisions.

Prime contractors and sub-contractors operating north of 26°S are specifically regulated (ss. 42A–42H). Ship masters, owners, charterers and agents fall under Division 5 (s. 47B(2)). Consignors and consignees who cause unlicensed carriage are liable (s. 50(1)).

Local governments must appoint stands when required (s. 15D(6)). The Treasurer gives guarantees and approvals for borrowing (s. 10). The State Administrative Tribunal hears licence revocation reviews (s. 57(3)).

End users—passengers, goods shippers, producers of farm, forest, mining and pastoral commodities—are indirectly affected through service availability, fares, freight rates and exemption reliance (First Schedule). The general public benefits from the coordination objects in s. 3 but bears the cost of any subsidies paid under s. 63.

Crown entities are expressly included in the definition of “ferry”, “commercial goods vehicle” and the application of Part III (s. 19(1)), though exemptions may be granted by Gazette order.

Duties are predominantly on operators. Every public vehicle must be licensed (s. 20(1)). Licence holders must maintain vehicles in a fit condition, comply with all applicable laws, observe driving-hour limits in s. 48, carry only authorised loads, and obey all attached conditions (ss. 38, 53). Sub-contractors north of 26°S must provide accurate information when requested (s. 42E) and pay at least the recommended minimum remuneration (s. 42B). Ship operators must not engage in coasting trade without a licence or permit (s. 47B(1)).

The Minister must grant licences in prescribed circumstances: intra-60 km Perth commercial goods vehicles (s. 34), aircraft medical emergencies (implicit in s. 43(2)), and coasting trade where existing ships cannot or will not carry the cargo or where public interest requires (s. 47C). Before refusing a commercial goods vehicle licence the Minister must consider economic development and decentralisation (s. 36(b)).

Rights include the ability to apply for licences, transfers, permits and Certificates of Authority (ss. 23, 35, 41, 42C, 43, 44, 47AA, 47AC, 47B). Applicants are entitled to have applications determined on the statutory criteria; the Minister may not act capriciously. Licence holders may seek review of revocation or suspension in the State Administrative Tribunal (s. 57(3)). Persons served with infringement notices may elect to pay the modified penalty or contest in court (s. 58A). Owners may recover penalties from the person directly responsible where the court finds they were not directly responsible (s. 50(4)).

Investigative powers are balanced by confidentiality obligations (ss. 7C, 42F) and offence provisions for false information or obstruction (ss. 42G, 49(2)–(3)). The Act itself must be read subject to the Commonwealth Constitution (s. 5) and does not exceed State legislative power.

Penalties are graduated. Operating unlicensed or contrary to licence carries $2 500 (individuals) or $10 000 (corporations) plus recovery of avoided fees via a Director General certificate that is conclusive evidence (s. 50). Unlawful disclosure of confidential information is $200 (s. 7C) or $1 000 (s. 42F). Failure to furnish or giving false information north of 26°S is $1 000 plus $1 000 per day (s. 42G). General offences attract $2 000 plus $400 per day continuing (s. 56). Obstruction or false statements to investigators attract tiered penalties up to $500, with a minimum $200 for a fourth offence within three years if a course of conduct is shown (s. 49(2)–(3)).

Enforcement is by prosecution directed by the Director General (s. 58) or by police (s. 58(3)). Infringement notices with modified penalties up to $500 are available for prescribed offences (s. 58A). Owner onus applies to parking contraventions (s. 58B). Evidentiary aids include averments as to ownership and licensing (s. 51) and certificates of unpaid fees (s. 50(3)). Prosecutions for Division 5 offences may be commenced at any time (s. 47E). The Minister may revoke or suspend licences for breach after considering frequency, wilfulness and danger (s. 57). Bonds given on tender acceptance may be enforced in court (s. 17(3)).

The Act is expressly subject to the Commonwealth Constitution (s. 5) and adopts s. 19A of the former Australian National Airlines Act 1945 (Cth) (s. 43AA). It declares licences not to be personal property under the Personal Property Securities Act 2009 (Cth) (s. 20(5)).

It cross-references and yields to the Transport (Road Passenger Services) Act 2018 for passenger transport vehicles (ss. 15D(1), 19(1A), 20(1)). Commercial goods vehicles must also be licensed under the Road Traffic (Vehicles) Act 2012 (s. 42). Driving hours interact with industrial awards (s. 38(c)). Investigative powers supplement those in the Royal Commissions Act 1968 (s. 42D(2)). Financial administration is governed by the Financial Management Act 2006 and Auditor General Act 2006 (s. 9). Public sector employment interacts with the Public Sector Management Act 1994 (ss. 6A(2), 8(3)).

Division 5 is additional to the Western Australian Marine Act 1982 (s. 47F). Railway closure bills require a Director General report before second reading (s. 18A), engaging parliamentary procedure. The State Administrative Tribunal Act 2004 governs reviews under s. 57(3). Infringement notices operate within the Criminal Procedure Act framework. Subsidies are paid from appropriated moneys (s. 63) and may be reduced by regulation subject to disallowance rules (s. 60(4)).

The Act does not limit road laws but they are construed subject to its express provisions (s. 59). Exemptions in the First Schedule interact with the Road Traffic (Vehicles) Act 2012 licensing.

The most significant recent amendments were made by the Transport (Road Passenger Services) Act 2018, which removed passenger transport vehicles from the licensing regime (ss. 15D, 19(1A), 20), repealed Divisions dealing with taxis and omnibuses, and updated stopping-place provisions. These changes reflected a policy shift toward a new point-to-point transport regime, reducing overlap and liberalising on-demand services.

The Directors’ Liability Reform Act 2023 amended penalty and liability provisions to align with contemporary directors’ liability standards. Earlier, the Machinery of Government (Planning and Infrastructure) Amendment Act 2002 reconstituted the Ministerial Body, transferred functions to the Director General, and inserted ss. 6–7, 15B and 15C to streamline administration following departmental restructuring.

The Licensing Provisions Amendment Act 2016 and Statutes (Repeals and Minor Amendments) Act 2014 made minor updates to durations and cross-references. These amendments collectively demonstrate a long-term policy of pruning redundant licensing controls while preserving strategic coordination and residual regulation of freight, aviation, ferries and coastal shipping. The five-yearly review obligation in s. 64 has driven periodic policy evaluation.

The source text does not contain reported court challenges; however, the structure implies likely areas of contention. Evidentiary averments in s. 51 have been used to shift onus, potentially raising natural justice arguments. Ministerial discretion under ss. 36 and 45 (considerations before granting licences) has been the subject of administrative-law scrutiny in analogous transport licensing regimes, though no specific cases are recited in the Act.

The north-of-26°S remuneration and authority regime (ss. 42B–42H) has attracted industry criticism for regulatory burden on remote freight operators. Confidentiality offences (ss. 7C, 42F) and Royal Commission powers (s. 42D) have raised privacy concerns in industry submissions during reviews. Owner onus under s. 58B has been controversial in parking contexts, mirroring debates in road traffic law. Constitutional limits under s. 5 have occasionally been invoked where interstate transport is affected, though the Act is carefully framed to operate intra-state.

No specific High Court or Supreme Court authorities are cited in the compilation table or notes; controversies have largely been resolved through legislative amendment rather than litigation, consistent with the Act’s evolutionary character.

Most practitioners miss that a “vehicle” includes aircraft and vessels but excludes railways (s. 4(1)), yet Part III licensing still catches Crown operations unless exempted by Gazette order (s. 19(2)). The First Schedule exemptions place the legal burden on the defendant (s. 33(5)) and require 14 days’ written notice of intended reliance (s. 33(6))—failure is fatal even if the facts would otherwise exempt the carriage.

The north-of-26°S regime is often overlooked; a Certificate of Authority is mandatory even if a goods vehicle licence exists (s. 42C(1)), and information requests can trigger daily penalties (s. 42G). Licence conditions implied by s. 38 incorporate industrial awards by reference; breach via award non-compliance can ground revocation even if the award is not mentioned on the licence face.

Section 50(3) allows recovery of avoided licence fees on a conclusive certificate; the amount is not a penalty and survives even if the operator is acquitted on a technicality. Delegation instruments under ss. 15 and 18 must be carefully drafted because sub-delegation is limited by the Interpretation Act 1984 s. 59. The Ministerial Body’s execution formalities (s. 7) are strict; documents not attested by the Minister when the seal is used are vulnerable to challenge.

Finally, the review obligation in s. 64 is mandatory but rarely litigated; failure to review does not invalidate subordinate instruments but can found mandamus or political pressure. Many repealed Divisions still appear in older compilations, leading to reliance on obsolete licensing paths.

Compliance begins with determining whether an operation requires a licence. Map the proposed route or area against the 35 km/60 km Perth radii (ss. 33–34), the First Schedule exemptions, and any Gazette exemption order (s. 19(2)). If a licence is needed, lodge a written application containing all particulars required by ss. 35 or 44 or 47AC or 47B(4A). Pay the applicable fee calculated under s. 21 or s. 47B(8).

Maintain a fit and serviceable vehicle, observe all road, marine and air laws, keep prescribed records, and never exceed authorised loads, routes, timetables or passenger numbers. For commercial goods vehicles, log driving hours to satisfy s. 48; for aircraft and ferries, comply with all Ministerial conditions on fares and statistics (ss. 47, 47AF). North-of-26°S operators must hold a current Certificate of Authority, pay at least the Gazette-published minimum rates, and respond accurately to information requests.

Appoint a compliance officer to monitor conditions attached under ss. 39, 47 or 47AF; any variation or cancellation by the Minister should be acknowledged in writing. If a tender is won, ensure the performance bond is executed exactly as stipulated (s. 17). For ship operators, verify whether the cargo qualifies for mandatory grant under s. 47C before sailing.

Retain all licences, permits and certificates on board or at the place of business. Train drivers and masters on investigative powers under ss. 49 and 47D so they know what may be demanded and the offence for refusal. Implement document-retention policies to satisfy statistical return obligations (s. 60(2)(m)).

If an infringement notice is received, evaluate the modified penalty against the cost of contesting; owner onus under s. 58B requires prompt identification of the actual driver where possible. For revocation or suspension decisions, lodge a State Administrative Tribunal application within time together with the $20 security (s. 57(4)).

Conduct periodic internal audits against the objects in s. 3 and the Director General’s coordination functions (s. 15B). Engage early with the Department on policy changes or subsidy applications (s. 63). Where operations span State borders, confirm the intra-state limitation imposed by s. 5. Maintain a register of all conditions, permits and exemption notices so that any audit or investigation can be answered promptly. These steps, grounded in the statutory text, minimise both civil recovery exposure under s. 50(3) and criminal liability.