sec.162Leasing or subleasing taxi service licence or limousine licence— Act , s 91S

sec.162 Leasing or subleasing taxi service licence or limousine licence— Act , s 91S

The holder or an approved lessee (the proposed lessor ) of a taxi service licence or limousine licence, other than a special purpose limousine licence, must not lease or sublease the licence to another person (the proposed lessee ) unless the lease or sublease has been approved by the chief executive under this section. Maximum penalty—20 penalty units. Failure to comply with subsection (1) does not invalidate or otherwise affect the lease or sublease of the licence. An application for approval of a lease or sublease must— be made in the approved form; and state the proposed start day and end day of the lease or sublease; and be signed by the proposed lessor and the proposed lessee. The chief executive may refuse the application if— the proposed lessee, or a related entity of the proposed lessee, has, within the previous year, committed an offence against a provision of relevant transport legislation relating to— providing a booked hire service or taxi service; or using a motor vehicle to provide a booked hire service or taxi service; or a licence held by the proposed lessee, or a related entity of the proposed lessee, was suspended or cancelled within the previous year; or if the application is for approval of a sublease—the proposed lessor does not have the authority, under the lease under which the proposed lessor holds an interest in the licence, to sublease the licence; or the chief executive considers the refusal is necessary in the public interest. Subsection (4) (a) is prescribed as a section to which section 150C of the Act applies. Section 150C of the Act applies for working out when a person commits an offence against a provision of an Act. If the chief executive decides to refuse the application, the chief executive must give the proposed lessor and proposed lessee a regulation notice for the decision. The proposed lessor must, within 14 days after any of the following happens, give the chief executive written notice of the matter— the proposed start day or end day of the lease or sublease stated in the approved form changes; the lease or sublease starts or ends on a day other than the proposed start day or end day stated in the approved form or notified to the chief executive under this subsection; the proposed lessor or proposed lessee decides not to enter into the lease or sublease. Maximum penalty—20 penalty units. In this section— approved lessee , of a taxi service licence or limousine licence, means a person to whom the licence has been leased or subleased under a lease or sublease, approved by the chief executive under this section, that has not ended. related entity , of a proposed lessee, means each of the following persons— if the lessee is a corporation—an executive officer of the corporation; a related body corporate of the lessee and each executive officer of the body corporate. (sec.162-ssec.1) The holder or an approved lessee (the proposed lessor ) of a taxi service licence or limousine licence, other than a special purpose limousine licence, must not lease or sublease the licence to another person (the proposed lessee ) unless the lease or sublease has been approved by the chief executive under this section. Maximum penalty—20 penalty units. (sec.162-ssec.2) Failure to comply with subsection (1) does not invalidate or otherwise affect the lease or sublease of the licence. (sec.162-ssec.3) An application for approval of a lease or sublease must— be made in the approved form; and state the proposed start day and end day of the lease or sublease; and be signed by the proposed lessor and the proposed lessee. (sec.162-ssec.4) The chief executive may refuse the application if— the proposed lessee, or a related entity of the proposed lessee, has, within the previous year, committed an offence against a provision of relevant transport legislation relating to— providing a booked hire service or taxi service; or using a motor vehicle to provide a booked hire service or taxi service; or a licence held by the proposed lessee, or a related entity of the proposed lessee, was suspended or cancelled within the previous year; or if the application is for approval of a sublease—the proposed lessor does not have the authority, under the lease under which the proposed lessor holds an interest in the licence, to sublease the licence; or the chief executive considers the refusal is necessary in the public interest. (sec.162-ssec.5) Subsection (4) (a) is prescribed as a section to which section 150C of the Act applies. Section 150C of the Act applies for working out when a person commits an offence against a provision of an Act. (sec.162-ssec.6) If the chief executive decides to refuse the application, the chief executive must give the proposed lessor and proposed lessee a regulation notice for the decision. (sec.162-ssec.7) The proposed lessor must, within 14 days after any of the following happens, give the chief executive written notice of the matter— the proposed start day or end day of the lease or sublease stated in the approved form changes; the lease or sublease starts or ends on a day other than the proposed start day or end day stated in the approved form or notified to the chief executive under this subsection; the proposed lessor or proposed lessee decides not to enter into the lease or sublease. Maximum penalty—20 penalty units. (sec.162-ssec.8) In this section— approved lessee , of a taxi service licence or limousine licence, means a person to whom the licence has been leased or subleased under a lease or sublease, approved by the chief executive under this section, that has not ended. related entity , of a proposed lessee, means each of the following persons— if the lessee is a corporation—an executive officer of the corporation; a related body corporate of the lessee and each executive officer of the body corporate.