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Western Australia act
What this law does, in plain English
Establishes a new, statewide legal framework for road passenger transport in Western Australia. It replaces earlier taxi laws and creates a single system covering three main groups of actors: booking platforms (on‑demand booking service providers), passenger transport service providers (eg. bus or scheduled services), and the people and vehicles that actually do the driving (drivers and vehicle owners/operators). (See Parts 3–6.)
Creates formal authorisations (licenses) for: on‑demand booking services (Part 3), regular passenger services (Part 4), passenger transport drivers (Part 5) and passenger transport vehicles (Part 6). Providers must hold the relevant authorisation to operate and comply with conditions attached to it (ss. 27, 56, 90, 121; ss. 31, 63, 96, 127). Authorisations are not transferable and are subject to suspension, cancellation and review (eg. ss. 39–41; 74–78; 104–106; 137–146).
Imposes express safety duties on multiple actors: booking providers, service providers, vehicle providers, officers of those entities and drivers. Failing those duties can attract criminal penalties of varying severity (Category 1–3), including prison for the most serious breaches and large corporate fines (ss. 14–25). There is a statutory reasonable‑steps defence (s. 24).
Gives the CEO of the Department and the Minister broad powers to grant, refuse, vary, suspend or cancel authorisations and to set or change conditions on authorisations. Many key operational rules are expected to be set in regulations (s. 31; Minister decision‑making in Part 4; general regulation power s. 265).
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Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.
Direct links to the current provisions in Transport (Road Passenger Services) Act 2018.
Part 1 — Preliminary
Short title 2
Commencement 2
Objects of Act 2
Terms used 3
On‑demand passenger transport service 9
Regular passenger transport service 10
Tourism passenger transport service 11
Community transport service 12
Courtesy transport service 13
On‑demand booking service 14
Hire or reward 16
Close associate 17
Crown bound 19
Part 2 — Safety of services
Division 1 — Safety duties: principles
Safety duties and standards 20
Principles applying to safety duties 20
Division 2 — Primary duties of care
Primary duty of care of providers of on‑demand booking services 21
Primary duty of care of providers of passenger transport services 21
Primary duty of care of providers of passenger transport vehicles 22
Primary duty of care of drivers of vehicles used to transport passengers for hire or reward 22
Duty of officers 22
Safety duty offence: Category 1 23
Safety duty offence: Category 2 23
Safety duty offence: Category 3 24
Reasonable steps defence 24
Conviction of alternative offence 25
Part 3 — On‑demand booking services
Term used: disqualification offence 26
Provider of on‑demand booking service must be authorised 26
Provider of on‑demand booking service must comply with authorisation conditions 27
Application for authorisation to provide an on‑demand booking service 27
Responsible officers 28
Grant of authorisation 29
Refusal of authorisation 30
Conditions of authorisation 31
Application for variation of conditions 31
Variation of conditions 31
Notice of decision to refuse or vary 32
Authorisation document 33
Effect of authorisation 33
Duration of authorisation 33
Authorisation not transferable 34
Publication of list of providers of authorised on‑demand booking services 34
Division 4 — Suspension, cancellation and disqualification
Suspension or cancellation order 34
Suspension or cancellation order for disqualification offence 36
Disqualification if authorisation cancelled for disqualification offence 37
Cumulative effect of disqualification 37
Disqualification period and reinstatement 38
Order may be made even if authorisation suspended 38
Show cause process 38
Immediate suspension or cancellation 39
Notice of suspension order 39
Period of suspension 40
Revocation of suspension order 40
Notice of cancellation order 41
Subdivision 2 — Automatic suspension or cancellation
Automatic suspension: joint authorisation 42
Automatic suspension: no responsible officer 42
Part 4 — Regular passenger transport services
Division 1 — Offences
Provider of regular passenger transport service must be authorised 44
Provider of regular passenger transport service must comply with authorisation conditions 44
Provider of regular passenger transport service must notify CEO if no longer providing service 45
Division 2 — Authorisation
Application for authorisation to provide regular passenger transport service 45
Minister is decision‑maker 46
Minister may delegate 46
Matters Minister may take into account in making decision 47
Grant of authorisation 48
Grant of temporary authorisation 48
Refusal of authorisation 49
Conditions of authorisation 49
Application for variation of conditions 49
Variation of conditions 50
Application for variation of approved routes and areas 50
Variation of approved routes and areas 50
Notice of decision to refuse or vary 51
Authorisation document 52
Effect of authorisation 52
Duration of authorisation 52
Application for transfer of authorisation 53
Matters Minister may take into account in making decision 54
Grant of approval 54
Refusal to approve transfer of authorisation 54
Division 3 — Suspension and cancellation
Suspension or cancellation order 55
Order may be made even if authorisation suspended 56
Show cause process 56
Immediate suspension or cancellation 57
Notice of suspension order 57
Period of suspension 57
Revocation of suspension order 58
Notice of cancellation order 59
Subdivision 2 — Automatic suspension or cancellation
Subdivision 3 — Cancellation on ceasing to provide service
Part 5 — Passenger transport drivers
Term used: disqualification offence 61
Driving vehicle without driver authorisation 61
Causing or permitting person to drive vehicle without driver authorisation 62
Requirement to comply with driver authorisation conditions 64
Causing or permitting driving of vehicle contrary to conditions of driver authorisation 64
Forgery and improper use of identifying details 64
Application for passenger transport driver authorisation 66
Grant of authorisation 66
Refusal of authorisation 67
Conditions of passenger transport driver authorisation 67
Application for variation of conditions 68
Variation of conditions 68
Notice of decision to refuse or vary 69
Driver authorisation document 70
Effect of authorisation 70
Duration of authorisation 70
Authorisation not transferable 71
Division 4 — Suspension, cancellation and disqualification
Suspension or cancellation order 71
Suspension order for disqualification offence 72
Order may be made even if authorisation suspended 72
Show cause process 72
Immediate suspension or cancellation 73
Notice of suspension order 73
Period of suspension 73
Revocation of suspension order 74
Notice of cancellation order 75
Subdivision 2 — Cancellation and disqualification: conviction of disqualification offence
Cancellation and disqualification when convicted of disqualification offence 75
Cumulative effect of disqualification 76
Notice of cancellation 77
Disqualification period and reinstatement 77
Subdivision 3 — Automatic cancellation of authorisation
Part 6 — Passenger transport vehicles
Terms used 79
Driving vehicle without valid vehicle authorisation 79
Operating vehicle without valid vehicle authorisation 80
Person must comply with authorisation conditions 83
Application for authorisation 83
Categories of passenger transport service 84
Requirements for authorisation of vehicle 84
Grant of authorisation 84
Refusal of authorisation 84
Conditions of vehicle authorisation 85
Application for variation of conditions 85
Variation of conditions 85
Application for variation of categories of passenger transport service 86
Variation of categories of passenger transport service 86
Notice of decision to refuse or vary 87
Authorisation document 88
Effect of authorisation 88
Duration of authorisation 89
Authorisation not transferable 90
Division 4 — Suspension or cancellation
Suspension or cancellation order 90
Order may be made even if authorisation suspended 91
Show cause process 91
Immediate suspension or cancellation 92
Notice of suspension order 92
Period of suspension 92
Revocation of suspension order 93
Notice of cancellation order 94
Subdivision 2 — Automatic cancellation of authorisation
Cancellation of authorisation: cancellation of vehicle licence 95
Cancellation of authorisation: transfer of ownership of vehicle 95
Subdivision 3 — Cancellation of authorisation on request
Part 7 — Confidentiality and exchange of information
Division 2 — Confidentiality and disclosure of information
Confidentiality 101
CEO may provide authorisation information 102
Disclosure of authorisation status of driver 102
Disclosure of information about vehicle authorisation 102
Use of and access to information provided under this Part 103
Use of photographs 103
Division 3 — Exchange of information
Exchange of information between CEO and Commissioner of Police 103
Exchange of information between CEO and road traffic CEO 104
Exchange of information between CEO and transport co‑ordination CEO 105
Exchange of information between CEO and relevant authority 105
Disclosure of information where agreement is made 106
Disclosure of information to law enforcement official 106
Disclosure of information to CEO of Public Transport Authority 106
Exchange of information between CEO and interstate passenger transport authorities 106
Disclosures under this Part free of charge 107
Part 8 — Enforcement
Division 1 — Authorised officers
Subdivision 1 — Designation
Subdivision 2 — General powers
Term used: relevant person 108
Powers of authorised officers: purposes 110
Powers in relation to vehicles 110
Directions to relevant persons 111
Entry of premises 112
Requirement to comply with directions 112
Assistance to exercise powers 113
Duty to identify driver or person in charge of vehicle 114
Duty to take reasonable measures to be able to comply with identity request 115
Offences 116
Division 2 — Entry warrants
Terms used 116
Application for entry warrant 117
Application to be in person unless urgent 117
Application to be in writing unless made remotely 117
Application to be on oath unless made remotely 117
Form of entry warrant made remotely 118
Evidence obtained inadmissible if section 181(2)(b) or 182(1)(b) contravened 118
Issue and content of entry warrant 119
Effect of entry warrant 119
Division 3 — Obtaining business records
Terms used 120
Application of this Division 120
Application for order to produce 120
Issue of order to produce 121
Service of order to produce 122
Effect of order to produce 122
Powers in relation to order to produce 122
Division 4 — Seizing things and related matters
Subdivision 1 — Seizing of things
Application 123
Grounds for seizing things 123
Records relevant to offence 124
Seizing of devices and equipment 124
Powers to facilitate seizing of records 125
List of seized things to be supplied on request 125
Subdivision 2 — Procedure on seizure of privileged material
Terms used 126
Seizure or production of privileged material 126
Record to be secured 126
Application to court 127
Decision of court 127
Forensic examination on record 128
Ancillary orders 128
Proceedings part of criminal jurisdiction 128
Appeals 128
Subdivision 3 — Return or disposal of seized things
Division 5 — Improvement notices
Issue of improvement notices 129
Contents of improvement notices 130
Compliance with improvement notice 131
Extension of time for compliance with improvement notice 131
Affixing sticker to vehicle 132
Division 6 — Controlled operations
Term used: controlled operation 132
Controlled operations officers 133
Controlled operations 133
Reports of controlled operations 134
Division 7 — Offences
Liability of officers for offence by body corporate 135
When prosecution can be commenced 135
Division 8 — Evidentiary provisions
Evidentiary certificates: records and authorisation 136
Evidentiary certificates: specific matters 137
Proof of certain matters not required in legal proceedings 138
Proof of appointments and signatures unnecessary 138
Division 9 — Infringement notices and the Criminal Procedure Act 2004
Part 9 — Voluntary buyback and industry assistance schemes and levy
Division 1 — Voluntary buyback payment
Terms used 141
Net loss 143
Plate purchase amount 144
Application for buyback payment 145
Requirement to grant buyback payment 146
Amount of buyback payment: taxi plates purchased on or after 1 January 2016 146
Amount of buyback payment: taxi plates purchased before 1 January 2016 and held at 2 November 2017 147
Provisions relating to determining buyback payments 147
Payment of buyback payment 148
Application for net loss payment 148
Requirement to grant net loss payment 149
Amount of net loss payment: taxi plates purchased on or after 1 January 2016 and sold before 2 November 2017 149
Amount of net loss payment: taxi plates purchased before 1 January 2016 and sold on or after 1 January 2016 and before 2 November 2017 150
Provisions relating to determining net loss payments 150
Payment of net loss payment 151
Division 2 — On‑demand passenger transport levy
Subdivision 1 — Preliminary
Terms used 152
Meaning of terms 152
Relationship with Taxation Administration Act 2003 152
Subdivision 2 — On‑demand passenger transport levy
Leviable passenger service transactions 153
On‑demand passenger transport levy 153
When levy payable 154
Calculation on estimated basis if amount based on actual transactions cannot be determined 155
Passenger service transactions for which levy is not payable 155
Subdivision 3 — Miscellaneous
Registration of liable persons 156
Returns 156
Keeping of records 157
Information sharing 157
Functions of CEO 157
Powers of authorised officers 158
Conditions 159
Recovery of amounts of fares allocated for levy 159
Cessation of levy 159
Division 2A — COVID‑19 relief payments
257A. Terms used 160
257B. Minister may determine that COVID‑19 relief payment is payable 160
257C. Grant of COVID‑19 relief payment 161
257D. Amount and payment of COVID‑19 relief payment 162
Division 3 — Adjustment assistance grants
Terms used 162
Application for adjustment assistance grant 163
Requirement to grant adjustment assistance 163
Amount of adjustment assistance grant 163
Division 4 — Regional assistance payments
261A. Terms used 164
261B. Minister to determine eligibility criteria and calculation method for regional assistance payment 165
261C. Application for regional assistance payment 166
261D. Requirement to grant regional assistance payment 166
261E. Amount and payment of regional assistance payment 167
Part 10 — Review of decisions
Term used: Reviewable decisions 168
Reconsideration of reviewable decisions 169
Application to State Administrative Tribunal for review 170
Part 11 — Regulations
Division 1 — General
Regulations 171
Regulations may refer to published documents 172
Division 2 — Safety standards
Safety standards for providers of on‑demand booking services 173
Safety standards for providers of passenger transport services 174
Safety standards for drivers of vehicles used to transport passengers for hire or reward 175
Safety standards for providers of passenger transport vehicles 176
Safety standard offences 177
Division 3 — Passenger transport authorisations
Passenger transport authorisations 178
Disqualification offences 181
Division 4 — Operation of on‑demand booking services
Division 5 — Operation of passenger transport services
Division 6 — Passenger transport drivers
Passenger transport drivers 184
Safety, security and order 185
Division 7 — Passenger transport vehicles
Division 8 — Fares and subsidies
Fares 187
Subsidies 188
Division 9 — On‑demand passenger transport levy
Part 12 — Miscellaneous
Division 1 — Giving of documents
Giving of documents generally 190
Time when document given 191
Division 2 — General
Delegation 192
CEO may enter into agreements for performance of functions 192
Protection from personal liability 193
Protection of people testing or examining or giving certain information 193
False or misleading information 194
Compensation not payable 194
Exemptions 195
Division 3 — Review of Act
Part 13 — Transitional provisions
Terms used 197
Disclosure of information about drivers and vehicles 197
‘F’ or ‘T’ endorsed driver’s licences 198
Owned taxi plates 199
Leased taxi plates 200
Licensed taxi-cars 201
Licensed omnibuses 201
Taxi Industry Development Account abolished 202
Bond provisions to continue to apply 203
Transitional regulations 203
Part 14 — Repeals and consequential amendments
Division 1 — Repeals
Taxi Act 1994 Part 3 Division 2 deleted 204
Taxi Act 1994 repealed 204
Taxi Drivers Licensing Act 2014 repealed 204
Division 2 — Consequential amendments
Subdivision 1 — Constitution Acts Amendment Act 1899 amended
Act amended 204
Schedule V Part 3 amended 204
Subdivision 2 — The Criminal Code amended
Act amended 204
Section 297 amended 205
Section 318 amended 205
Subdivision 3 — Road Traffic Act 1974 amended
Act amended 205
Section 64A amended 205
Section 79D amended 206
Subdivision 4 — Road Traffic (Administration) Act 2008 amended
Act amended 209
Section 12 amended 209
Section 14 amended 209
Section 15 amended 209
Section 110 amended 210
Section 143A amended 210
Subdivision 5 — Road Traffic (Authorisation to Drive) Act 2008 amended
Act amended 210
Section 9 amended 210
Section 11B amended 211
Section 11E inserted 211
11E. Disclosure to CEO (road passenger services) 211
Subdivision 6 — Road Traffic (Vehicles) Act 2012 amended
Act amended 211
Section 21 amended 211
Section 131 amended 212
Subdivision 7 — State Administrative Tribunal Act 2004 amended
Act amended 212
Schedule 1 amended 212
Subdivision 8 — Taxation Administration Act 2003 amended
Act amended 213
Section 3 amended 213
Subdivision 9 — Taxi Act 1994 amended
Act amended 213
Section 3 amended 213
Section 33 amended 214
Section 37 amended 214
Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.
Western Australia
Transport (Road Passenger Services) Act 2018
Western Australia
Transport (Road Passenger Services) Act 2018
Contents
Part 1 — Preliminary
Short title 2
Commencement 2
Objects of Act 2
Terms used 3
On‑demand passenger transport service 9
Regular passenger transport service 10
Tourism passenger transport service 11
Community transport service 12
Courtesy transport service 13
On‑demand booking service 14
Hire or reward 16
Close associate 17
Crown bound 19
Part 2 — Safety of services
Division 1 — Safety duties: principles
Safety duties and standards 20
Principles applying to safety duties 20
Division 2 — Primary duties of care
Primary duty of care of providers of on‑demand booking services 21
Primary duty of care of providers of passenger transport services 21
Primary duty of care of providers of passenger transport vehicles 22
Primary duty of care of drivers of vehicles used to transport passengers for hire or reward 22
Duty of officers 22
Safety duty offence: Category 1 23
Safety duty offence: Category 2 23
Safety duty offence: Category 3 24
Reasonable steps defence 24
Conviction of alternative offence 25
Part 3 — On‑demand booking services
Division 1 — Interpretation
Division 2 — Offences
Provider of on‑demand booking service must be authorised 26
Creates an on‑demand passenger transport levy (a tax-like charge) payable by on‑demand booking service providers for leviable passenger service transactions occurring within a defined levy area; the basic rate is 10% of the relevant levy fare capped at $10 per transaction (ss. 244–246, 245). The statute allows recovery of amounts allocated for the levy from drivers or fare‑collectors (s. 256) and ties levy administration to taxation procedures (s. 243).
Sets up transitional, financial and assistance measures linked to industry reform: a voluntary buyback and net‑loss payment scheme for taxi plate owners and former owners, adjustment and regional assistance grants, and a power for COVID‑19 relief payments (Part 9 Divs 1, 2A, 3 and 4; see ss. 226–240 and 257A–257D). The objects explicitly include funding such schemes from the levy (s. 3(ca)).
Provides enforcement tools and investigation powers: authorised officers can stop vehicles, inspect and seize records and equipment, enter premises (with consent or warrant), issue improvement notices, and conduct controlled operations (Part 8, ss. 166–217). It also establishes information‑sharing and confidentiality regimes with police and other agencies (Part 7, ss. 151–165).
Who this affects
Booking platforms (local or interstate) that take or facilitate bookings for journeys in WA (they must be authorised unless covered by an association arrangement) (Part 3, s. 10, 27).
Operators of regular services (eg. scheduled buses, private shuttles) who require authorisation and whose routes/timetables may be subject to Ministerial approval and conditions (Part 4).
Drivers: any person driving for hire or reward must generally hold a passenger transport driver authorisation (Part 5, s. 90), and driver misconduct or disqualification offences can lead to cancellation and disqualification (ss. 115–118).
Vehicle owners/operators: vehicles used in passenger transport must be authorised for the relevant category and meet regulatory requirements (Part 6, ss. 121–138).
Taxi plate owners and some regional operators: eligible owners are covered by buyback/net‑loss schemes and by targeted adjustment/regional assistance grants (Part 9 Div 1, Div 3 and Div 4).
Consumers indirectly: the levy, compliance costs and conditions may affect fares, service availability and how services are delivered.
Why it matters (mechanics then purpose claims and practical tests)
Mechanical change first: the Act replaces historic taxi‑specific licensing with a unified authorisation regime for platforms, services, drivers and vehicles; creates legal safety duties with criminal sanctions; introduces a per‑transaction levy; and establishes buyback and assistance payments tied to reform. (See Parts 1, 2, 3, 5, 6 and 9.)
Government purpose‑claims in the Act include promoting safety, enabling innovation and providing a funding mechanism for buybacks and assistance (s. 3). Testing those claims against practical trade‑offs and risks:
Safety vs compliance cost: the Act puts safety duties on multiple parties (s. 14–19) and attaches significant criminal penalties for breaches (Category 1–3, ss. 21–23). This sharpens legal accountability but also raises compliance costs (authorisations, safety management systems, reporting). The regulations (Part 11) will determine many operational obligations (medical checks, record‑keeping, vehicle standards) and thus the real administrative burden.
Platform regulation and market effects: on‑demand booking services (including those based outside WA if they operate in‑State) must be authorised (s. 27) or operate under an authorised association arrangement (s. 27(2)–(3)). That imposes an entry/compliance cost on digital platforms and gives the regulator scope to control who may operate. It may limit firms that do not meet “fit and proper” or other prescribed criteria (ss. 31–33). The law therefore directly affects private enterprise, competition, and contractual arrangements between booking platforms and drivers (eg. association arrangements and close associate rules, ss. 12, 27).
Levy: the on‑demand levy (10% up to $10 per leviable transaction; ss. 245–246) functions as a revenue stream to pay buybacks and assistance (s. 3(ca)) and can be recovered from fares (s. 256). That creates a direct operating cost for booking providers (and indirectly passengers or drivers, depending on who bears it). The statute allows estimated returns, assessments, registration and penalties for non‑compliance (ss. 247–251, 249). How and when the levy is passed on to consumers or drivers will affect prices and driver incomes.
Concentrated benefits, diffuse costs: buyback and net‑loss payments (ss. 226–240) are concentrated financial transfers to taxi plate owners or former owners. The levy spreads the cost across on‑demand transactions (diffuse). This creates a transfer mechanism from many transactions to a specific group of former incumbents; that is a deliberate redistribution mechanism embedded in the statute (s. 3(ca)).
Bureaucratic discretion and dependence on regulations: many operational details are left to regulations and to the CEO/Minister (eg. fit‑and‑proper assessments s. 31, Minister decision‑making s. 60, wide regulation‑making power s. 265). This concentrates implementation authority in the executive and means the practical scope of obligations and costs will appear in subsidiary rules rather than primary legislation.
Information and enforcement: the Act authorises substantial information‑sharing with police and other agencies (Part 7) and gives authorised officers strong investigatory powers (Part 8). That supports enforcement and safety oversight but also raises data‑handling and privacy governance issues in implementation.
Legal risk and incentives: heavy criminal penalties (including imprisonment for Category 1 breaches, s. 21) raise the stakes for corporate governance and create incentives for firms to document safety systems and to centralise compliance (eg. responsible officers for booking services, ss. 29–31). The statutory reasonable‑steps defence (s. 24) aligns with a risk‑management approach but requires good record‑keeping.
Who pays, who decides, and likely behaviour changes (section references)
Who pays: on‑demand booking service providers are directly liable for the levy (ss. 244–246) and for fees and compliance costs associated with authorisations (ss. 31, 63, 96, 127). Buyback payments benefit taxi plate owners (ss. 226–234). Fines and penalties fall on individuals and corporations as specified throughout (eg. ss. 21–23, 27, 56, 90, 121). Providers may seek to recover levy‑allocated amounts from drivers or passengers (s. 256).
Who decides: the CEO (departmental head) has broad operational powers (granting authorisations, enforcement, publishing lists, information sharing — ss. 31, 41, Part 7, Part 8) and the Minister retains decision‑making for regular passenger services and may delegate functions (ss. 60–61). Regulations will set many specific standards and offences (Part 11).
Behaviour changes: expect platforms to formalise compliance, register and report; drivers and vehicle owners to obtain authorisations or face offence exposure (Parts 5–6); booking services to adjust fare structures to account for the levy and administrative costs; and taxi plate owners to apply for buyback/net‑loss payments where eligible (Part 9).
Implementation risks and trade‑offs
Heavy reliance on regulations and CEO/Minister discretion means the detailed cost and operational profile depends on secondary instruments and administrative practice (see Part 11).
The levy and buyback mechanics create redistributional choices—they deliver concentrated transfers to plate owners while imposing diffuse transaction levies on broad on‑demand activity; recovery from fares may shift cost to passengers or drivers (ss. 245–246, 256; s. 3(ca)).
Safety duties with criminal penalties raise litigation and compliance risk and make the fit‑and‑proper tests a critical gate for market participation (ss. 14–25; ss. 31–33). The reasonable‑steps defence reduces but does not eliminate that risk (s. 24).
Data sharing and enforcement powers increase regulatory oversight but require careful operational safeguards to avoid over‑reach or privacy harms (Part 7, ss. 151–165; Part 8, ss. 166–176).
Key provisions to watch in practice
How the regulations (Part 11) define safety standards, disqualification offences and operational rules for platforms and drivers (ss. 267–273, 274–278, 279–281).
The CEO/Minister’s exercise of fit‑and‑proper and suspension/cancellation powers (eg. ss. 31, 32, 42, 79, 106, 139) and how “responsible officers” are defined and used (ss. 29–30).
Levy implementation: levy area, assessment periods and recovery mechanics (ss. 241–256).
The administration of the buyback/net‑loss and assistance schemes (ss. 226–240; ss. 258–261; ss. 261A–261E).
Overall, the Act centralises licensing, enforcement and safety duties for a modern road passenger market, pairs those duties with criminal and civil sanctions, and layers in a fiscal mechanism (the levy) tied to transition payments for the taxi sector. The detailed burden on businesses and the distributional effects will largely depend on regulations and administrative practice (Part 11; ss. 31, 60, 265).
Provider of on‑demand booking service must comply with authorisation conditions 27
Division 3 — Authorisation
Application for authorisation to provide an on‑demand booking service 27
Responsible officers 28
Grant of authorisation 29
Refusal of authorisation 30
Conditions of authorisation 31
Application for variation of conditions 31
Variation of conditions 31
Notice of decision to refuse or vary 32
Authorisation document 33
Effect of authorisation 33
Duration of authorisation 33
Authorisation not transferable 34
Publication of list of providers of authorised on‑demand booking services 34
Division 4 — Suspension, cancellation and disqualification
Subdivision 1 — Suspension or cancellation by order
Suspension or cancellation order 34
Suspension or cancellation order for disqualification offence 36
Disqualification if authorisation cancelled for disqualification offence 37
Cumulative effect of disqualification 37
Disqualification period and reinstatement 38
Order may be made even if authorisation suspended 38
Show cause process 38
Immediate suspension or cancellation 39
Notice of suspension order 39
Period of suspension 40
Revocation of suspension order 40
Notice of cancellation order 41
Subdivision 2 — Automatic suspension or cancellation
Automatic suspension: joint authorisation 42
Automatic suspension: no responsible officer 42
Part 4 — Regular passenger transport services
Division 1 — Offences
Provider of regular passenger transport service must be authorised 44
Provider of regular passenger transport service must comply with authorisation conditions 44
Provider of regular passenger transport service must notify CEO if no longer providing service 45
Division 2 — Authorisation
Application for authorisation to provide regular passenger transport service 45
Minister is decision‑maker 46
Minister may delegate 46
Matters Minister may take into account in making decision 47
Grant of authorisation 48
Grant of temporary authorisation 48
Refusal of authorisation 49
Conditions of authorisation 49
Application for variation of conditions 49
Variation of conditions 50
Application for variation of approved routes and areas 50
Variation of approved routes and areas 50
Notice of decision to refuse or vary 51
Authorisation document 52
Effect of authorisation 52
Duration of authorisation 52
Application for transfer of authorisation 53
Matters Minister may take into account in making decision 54
Grant of approval 54
Refusal to approve transfer of authorisation 54
Division 3 — Suspension and cancellation
Subdivision 1 — Suspension or cancellation by order
Suspension or cancellation order 55
Order may be made even if authorisation suspended 56
Show cause process 56
Immediate suspension or cancellation 57
Notice of suspension order 57
Period of suspension 57
Revocation of suspension order 58
Notice of cancellation order 59
Subdivision 2 — Automatic suspension or cancellation
Subdivision 3 — Cancellation on ceasing to provide service
Part 5 — Passenger transport drivers
Division 1 — Interpretation
Division 2 — Offences
Driving vehicle without driver authorisation 61
Causing or permitting person to drive vehicle without driver authorisation 62
Requirement to comply with driver authorisation conditions 64
Causing or permitting driving of vehicle contrary to conditions of driver authorisation 64
Forgery and improper use of identifying details 64
Division 3 — Authorisation
Application for passenger transport driver authorisation 66
Grant of authorisation 66
Refusal of authorisation 67
Conditions of passenger transport driver authorisation 67
Application for variation of conditions 68
Variation of conditions 68
Notice of decision to refuse or vary 69
Driver authorisation document 70
Effect of authorisation 70
Duration of authorisation 70
Authorisation not transferable 71
Division 4 — Suspension, cancellation and disqualification
Subdivision 1 — Suspension or cancellation by order
Suspension or cancellation order 71
Suspension order for disqualification offence 72
Order may be made even if authorisation suspended 72
Show cause process 72
Immediate suspension or cancellation 73
Notice of suspension order 73
Period of suspension 73
Revocation of suspension order 74
Notice of cancellation order 75
Subdivision 2 — Cancellation and disqualification: conviction of disqualification offence
Cancellation and disqualification when convicted of disqualification offence 75
Cumulative effect of disqualification 76
Notice of cancellation 77
Disqualification period and reinstatement 77
Subdivision 3 — Automatic cancellation of authorisation
Part 6 — Passenger transport vehicles
Division 1 — Interpretation
Division 2 — Offences
Driving vehicle without valid vehicle authorisation 79
Operating vehicle without valid vehicle authorisation 80
Person must comply with authorisation conditions 83
Division 3 — Authorisation
Application for authorisation 83
Categories of passenger transport service 84
Requirements for authorisation of vehicle 84
Grant of authorisation 84
Refusal of authorisation 84
Conditions of vehicle authorisation 85
Application for variation of conditions 85
Variation of conditions 85
Application for variation of categories of passenger transport service 86
Variation of categories of passenger transport service 86
Notice of decision to refuse or vary 87
Authorisation document 88
Effect of authorisation 88
Duration of authorisation 89
Authorisation not transferable 90
Division 4 — Suspension or cancellation
Subdivision 1 — Suspension or cancellation by order
Suspension or cancellation order 90
Order may be made even if authorisation suspended 91
Show cause process 91
Immediate suspension or cancellation 92
Notice of suspension order 92
Period of suspension 92
Revocation of suspension order 93
Notice of cancellation order 94
Subdivision 2 — Automatic cancellation of authorisation
Cancellation of authorisation: cancellation of vehicle licence 95
Cancellation of authorisation: transfer of ownership of vehicle 95
Subdivision 3 — Cancellation of authorisation on request
Part 7 — Confidentiality and exchange of information
Division 1 — Interpretation
Division 2 — Confidentiality and disclosure of information
Confidentiality 101
CEO may provide authorisation information 102
Disclosure of authorisation status of driver 102
Disclosure of information about vehicle authorisation 102
Use of and access to information provided under this Part 103
Use of photographs 103
Division 3 — Exchange of information
Exchange of information between CEO and Commissioner of Police 103
Exchange of information between CEO and road traffic CEO 104
Exchange of information between CEO and transport co‑ordination CEO 105
Exchange of information between CEO and relevant authority 105
Disclosure of information where agreement is made 106
Disclosure of information to law enforcement official 106
Disclosure of information to CEO of Public Transport Authority 106
Exchange of information between CEO and interstate passenger transport authorities 106
Disclosures under this Part free of charge 107
Part 8 — Enforcement
Division 1 — Authorised officers
Subdivision 1 — Designation
Subdivision 2 — General powers
Term used: relevant person 108
Powers of authorised officers: purposes 110
Powers in relation to vehicles 110
Directions to relevant persons 111
Entry of premises 112
Requirement to comply with directions 112
Assistance to exercise powers 113
Duty to identify driver or person in charge of vehicle 114
Duty to take reasonable measures to be able to comply with identity request 115
Offences 116
Division 2 — Entry warrants
Terms used 116
Application for entry warrant 117
Application to be in person unless urgent 117
Application to be in writing unless made remotely 117
Application to be on oath unless made remotely 117
Form of entry warrant made remotely 118
Evidence obtained inadmissible if section 181(2)(b) or 182(1)(b) contravened 118
Issue and content of entry warrant 119
Effect of entry warrant 119
Division 3 — Obtaining business records
Terms used 120
Application of this Division 120
Application for order to produce 120
Issue of order to produce 121
Service of order to produce 122
Effect of order to produce 122
Powers in relation to order to produce 122
Division 4 — Seizing things and related matters
Subdivision 1 — Seizing of things
Application 123
Grounds for seizing things 123
Records relevant to offence 124
Seizing of devices and equipment 124
Powers to facilitate seizing of records 125
List of seized things to be supplied on request 125
Subdivision 2 — Procedure on seizure of privileged material
Terms used 126
Seizure or production of privileged material 126
Record to be secured 126
Application to court 127
Decision of court 127
Forensic examination on record 128
Ancillary orders 128
Proceedings part of criminal jurisdiction 128
Appeals 128
Subdivision 3 — Return or disposal of seized things
Division 5 — Improvement notices
Issue of improvement notices 129
Contents of improvement notices 130
Compliance with improvement notice 131
Extension of time for compliance with improvement notice 131
Affixing sticker to vehicle 132
Division 6 — Controlled operations
Term used: controlled operation 132
Controlled operations officers 133
Controlled operations 133
Reports of controlled operations 134
Division 7 — Offences
Liability of officers for offence by body corporate 135
When prosecution can be commenced 135
Division 8 — Evidentiary provisions
Evidentiary certificates: records and authorisation 136
Evidentiary certificates: specific matters 137
Proof of certain matters not required in legal proceedings 138
Proof of appointments and signatures unnecessary 138
Division 9 — Infringement notices and the Criminal Procedure Act 2004
Part 9 — Voluntary buyback and industry assistance schemes and levy
Division 1 — Voluntary buyback payment
Terms used 141
Net loss 143
Plate purchase amount 144
Application for buyback payment 145
Requirement to grant buyback payment 146
Amount of buyback payment: taxi plates purchased on or after 1 January 2016 146
Amount of buyback payment: taxi plates purchased before 1 January 2016 and held at 2 November 2017 147
Provisions relating to determining buyback payments 147
Payment of buyback payment 148
Application for net loss payment 148
Requirement to grant net loss payment 149
Amount of net loss payment: taxi plates purchased on or after 1 January 2016 and sold before 2 November 2017 149
Amount of net loss payment: taxi plates purchased before 1 January 2016 and sold on or after 1 January 2016 and before 2 November 2017 150
Provisions relating to determining net loss payments 150
Payment of net loss payment 151
Division 2 — On‑demand passenger transport levy
Subdivision 1 — Preliminary
Terms used 152
Meaning of terms 152
Relationship with Taxation Administration Act 2003 152
Subdivision 2 — On‑demand passenger transport levy
Leviable passenger service transactions 153
On‑demand passenger transport levy 153
When levy payable 154
Calculation on estimated basis if amount based on actual transactions cannot be determined 155
Passenger service transactions for which levy is not payable 155
Subdivision 3 — Miscellaneous
Registration of liable persons 156
Returns 156
Keeping of records 157
Information sharing 157
Functions of CEO 157
Powers of authorised officers 158
Conditions 159
Recovery of amounts of fares allocated for levy 159
Cessation of levy 159
Division 2A — COVID‑19 relief payments
257A. Terms used 160
257B. Minister may determine that COVID‑19 relief payment is payable 160
257C. Grant of COVID‑19 relief payment 161
257D. Amount and payment of COVID‑19 relief payment 162
Division 3 — Adjustment assistance grants
Terms used 162
Application for adjustment assistance grant 163
Requirement to grant adjustment assistance 163
Amount of adjustment assistance grant 163
Division 4 — Regional assistance payments
261A. Terms used 164
261B. Minister to determine eligibility criteria and calculation method for regional assistance payment 165
261C. Application for regional assistance payment 166
261D. Requirement to grant regional assistance payment 166
261E. Amount and payment of regional assistance payment 167
Part 10 — Review of decisions
Term used: Reviewable decisions 168
Reconsideration of reviewable decisions 169
Application to State Administrative Tribunal for review 170
Part 11 — Regulations
Division 1 — General
Regulations 171
Regulations may refer to published documents 172
Division 2 — Safety standards
Safety standards for providers of on‑demand booking services 173
Safety standards for providers of passenger transport services 174
Safety standards for drivers of vehicles used to transpo
This is an opening excerpt, not the complete document.