VICIn ForceAct
Transport (Compliance and Miscellaneous) Act 1983
272Taxi-cab accreditation
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272 Taxi-cab accreditation
S. 272(1) amended by No. 69/2007 s. 39(1).
(1) Subject to this section, a person who holds a taxi-cab licence immediately before the commencement of Part 2 of the **Transport(Taxi-cab Accreditation and Other Amendments) Act 2006** is deemed, for the period of 2 years after that commencement, to be accredited under Division 4 of Part VI as a taxi-cab licence holder.
(2) Subject to this section, a person who immediately before the commencement of Part 2 of the **Transport (Taxi-cab Accreditation and Other Amendments) Act 2006**—
(a) holds a licence to operate a taxi-cab the right to operate a vehicle under which has not been assigned to another person under section 150; or
(b) is a person to whom the right to operate a vehicle under a taxi-cab licence is assigned under section 150—
is deemed, for the period of 2 years after that commencement, to be accredited under Division 4 of Part VI as a taxi-cab operator.
S. 272(2A) inserted by No. 69/2007 s. 39(2).
(2A) If—
(a) an application for the grant of a taxi-cab licence under section 143 or 143A; or
(b) an application under section 149 for authority to transfer a taxi-cab licence; or
(c) an application under section 150 for authority to assign the right to operate a vehicle under a taxi-cab licence—
is made but not determined before the commencement of Part 2 of the **Transport (Taxi-cab Accreditation and Other Amendments) Act 2006**, the application must be considered and determined in accordance with this Act as in force immediately before that commencement.
S. 272(2B) inserted by No. 69/2007 s. 39(2).
(2B) Subject to this section, a person who holds a taxi-cab licence—
(a) that was granted to the person in response to an application to which subsection (2A)(a) applies; or
(b) that was transferred to the person in response to an application to which subsection (2A)(b) applies—
is deemed for the period commencing on the date of the grant or transfer of the taxi-cab licence (as the case requires) and ending 2 years after the commencement of Part 2 of the **Transport (Taxi-cab Accreditation and Other Amendments) Act 2006** to be accredited under Division 4 of Part VI as a taxi-cab licence holder.
S. 272(2C) inserted by No. 69/2007 s. 39(2).
(2C) Subject to this section, a person to whom the right to operate a vehicle under a taxi-cab licence is assigned under an assignment for which an authority was given in response to an application to which subsection (2A)(c) applies is deemed for the period commencing on the date that the authority was given and ending 2 years after the commencement of Part 2 of the **Transport (Taxi-cab Accreditation and Other Amendments) Act 2006** to be accredited under Division 4 of Part VI as a taxi-cab operator.
S. 272(2D) inserted by No. 69/2007 s. 39(2).
(2D) Subject to this section, if, before a taxi-cab licence is granted or transferred to a person in response to an application to which subsection (2A)(a) or (2A)(b) applies, the licensing authority determines on reasonable grounds that the person does not intend to assign the right to operate a vehicle under the licence to another person—
(a) the licensing authority may determine that the person is to be accredited as a taxi-cab operator; and
(b) if a determination under paragraph (a) is made and notified in writing to the person, the person is deemed for the period commencing on the date that the licence was granted or transferred and ending 2 years after the commencement of Part 2 of the **Transport (Taxi-cab Accreditation and Other Amendments) Act 2006** to be accredited under Division 4 of Part VI as a taxi-cab operator.
S. 272(3) amended by No. 69/2007 s. 39(3).
(3) To avoid doubt, Division 4 of Part VI applies to a deemed accreditation under subsection (1), (2), (2B), (2C) or (2D) and that accreditation may be cancelled, suspended, surrendered or otherwise dealt with (including by the variation, revocation or imposition of a condition, restriction or other limitation) in accordance with that Division.
S. 272(4) amended by No. 69/2007 s. 39(3).
(4) The licensing authority may at any time during the period of a deemed accreditation of a person under subsection (1), (2), (2B), (2C) or (2D), by written notice served on that person, require that person to apply for accreditation under Division 4 of Part VI as a taxi-cab licence holder or taxi-cab operator (as the case requires) on or before the date specified in the notice, which must not be earlier than 28 days after the day on which the notice is served.
(5) If a person on whom a notice is served under subsection (4) does not apply for accreditation under Division 4 of Part VI as a taxi-cab licence holder or taxi-cab operator (as the case requires) on or before the date specified in the notice, the licensing authority may serve on that person a notice cancelling the deemed accreditation with effect from the date specified in the notice, which must not be earlier than 7 days after the day on which the notice is served.
S. 273 inserted by No. 71/2006 s. 18.