New South Wales Consolidated Acts

POINT TO POINT TRANSPORT (TAXIS AND HIRE VEHICLES) ACT 2016

- As at 1 August 2023 
- Act 34 of 2016 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   4.      Passenger services
   5.      Taxi services and taxis
   6.      Hire vehicles
   7.      Booking services
   8.      Act to bind Crown

   PART 2 - SAFETY OF SERVICES

           Division 1 - Safety duties--principles

   9.      Safety duties and standards
   10.     Principles applying to safety duties
   11.     What is "reasonably practicable" in ensuring safety

           Division 2 - Primary duty of care

   12.     Primary duty of care of passenger service providers
   13.     Primary duty of care of booking service providers
   14.     Duty of officers
   15.     Duty of drivers
   16.     Safety duty offence--Category 1
   17.     Safety duty offence--Category 2
   18.     Safety duty offence--Category 3
   19.     Multiple contraventions of safety duty provisions

           Division 3 - Safety standards

   20.     Standards for passenger service providers and booking service providers
   21.     Standards for drivers
   22.     Standards for owners and taxi licence holders
   23.     Safety standards offences

           Division 4 - Miscellaneous

   24.     Notifiable occurrences
   25.     Dismissal or other victimisation of worker
   26.     Relationship with work, health and safety and heavy vehicle legislation

   PART 3 - AUTHORISATION OF PROVIDERS OF TAXI SERVICES AND BOOKING SERVICES

           Division 1 - Authorisation offences

   27.     Provider of taxi service or booking service must be authorised
   28.     Aggravated provision of unauthorised services
   29.     Provider of taxi service or booking service must comply with authorisation conditions

           Division 2 - Applications for authorisation

   30.     Applications for authorisation
   31.     Determination of applications for authorisation generally
   32.     Disqualifying offences
   33.     Close associates
   34.     Grants of authorisation
   35.     Form of authorisation
   36.     Term of authorisation
   37.     Renewal of authorisation
   38.     Notice of authorisation decision
   39.     Joint authorisation

           Division 3 - Conditions of authorisation

   40.     Conditions of authorisation generally
   41.     Changes to nominated directors and managers
   42.     Safety standards
   43.     Availability of documents
   44.     Taxi identification

           Division 4 - Variation, suspension or cancellation of authorisation

   45.     Variation, suspension or cancellation of authorisation generally
   46.     Automatic suspensions
   46A.    Surrender of authorisation

   PART 4 - TAXI LICENCES

           Division 1 - Licensing offences

   47.     Taxis must be licensed
   48.     Holder of taxi licence must comply with licence conditions
   49.     Stand-by taxis

           Division 2 - Applications for licences

   50.     Categories of taxi licences
   51.     Applications for taxi licences
   52.     Determination of applications for taxi licences generally
   53.     (Repealed)
   54.     Conditions of taxi licences
   55.     Form of taxi licences
   56.     (Repealed)
   57.     Term of taxi licences
   58.     Renewal of taxi licences
   59.     Notice of decision

           Division 3 - Conditions of taxi licences

   60.     Conditions of taxi licences generally
   61.     Safety standards
           Divisions 4, 5 - (Repealed)
           None

           Division 6 - Variation, suspension or cancellation of taxi licences

   69.     Variation, suspension or cancellation of taxi licences generally
   69A.    Surrender of taxi licence

           Division 7 - (Repealed)
           None

   PART 5 - FARES

   74.     Referrals to IPART
   75.     IPART investigations and recommendations
   76.     Fares orders
   77.     Non-cash payment surcharges
   78.     Overcharging for non-cash payment surcharge
   79.     Estimate of fares to be provided for booked services
   80.     Fare setting by providers of services

   PART 6 - AUDITS, ENFORCEMENT ORDERS AND OTHER REMEDIES

           Division 1 - Audit notices

   81.     Purpose of audit
   82.     Issue of audit notices

           Division 2 - Improvement notices

   83.     Issue of improvement notices
   84.     Contents of improvement notices
   85.     Compliance with improvement notice
   86.     Extension of time for compliance with improvement notices

           Division 3 - Prohibition notices

   87.     Power to issue prohibition notice
   88.     Contents of prohibition notice
   89.     Compliance with prohibition notice

           Division 4 - General requirements applying to notices

   90.     Application of Division
   91.     Notice to be in writing
   92.     Recommendations in notice
   93.     Changes to notice by authorised officer
   94.     Commissioner may vary or cancel notice
   95.     Formal irregularities or defects in notice
   96.     Issue and giving of notice

           Division 5 - Compliance orders

   97.     Application of Division
   98.     Orders for compliance with notices

           Division 6 - Enforceable undertakings

   99.     Commissioner may accept undertakings
   100.    Notice of decision and reasons for decision
   101.    When an undertaking is enforceable
   102.    Compliance with undertaking
   103.    Contravention of undertaking
   104.    Withdrawal or variation of undertaking
   105.    Proceedings for alleged contravention

   PART 7 - AUTHORISED OFFICERS AND INSPECTION POWERS

           Division 1 - Authorised officers

   106.    Definition
   107.    Appointment of authorised officers by Commissioner
   108.    Limitations on functions
   109.    Identity cards must be issued
   110.    Identity cards to be shown
   111.    Functions of authorised officers
   112.    Inspections

           Division 2 - Powers

   113.    Power of entry onto premises
   114.    Power to enter premises with consent
   115.    Power to enter premises
   115A.   Persons assisting authorised officers
   116.    Powers after entering premises
   117.    Power to stop and detain motor vehicle
   118.    Notices requiring inspection or testing
   119.    Powers when inspecting vehicles
   120.    Securing a site
   121.    Production of documents
   122.    Retention of documents and other material
   123.    Power to require explanation of documents
   124.    Provisions relating to requirements to provide documents or information or answer questions
   125.    Search warrants

   PART 8 - OFFENCES AND PENALTIES

           Division 1 - Offences

   126.    Offences relating to inspections
   127.    Offences involving credentials
   128.    Offenders to state name and address
   129.    Prohibited advertisements
   130.    Return of number-plates
   131.    Vehicle owner's defence

           Division 2 - Proceedings for offences

   132.    Imputing conduct to bodies corporate
   133.    Liability of directors etc for offences by body corporate--offences attracting executive liability
   134.    Ancillary offences
   135.    Penalty notices
   136.    Nature of proceedings for offences

   PART 9 - POINT TO POINT TRANSPORT COMMISSIONER

   137.    Point to Point Transport Commissioner
   138.    Employment and remuneration
   139.    Functions of Commissioner
   139A.   Powers of Commissioner to obtain information
   140.    Delegation
   141.    Acting Commissioner
   142.    Vacancy in office
   143.    Removal from office
   144.    Staff of Commissioner

   PART 10 - REVIEWS AND APPEALS

   145.    Reviews by NCAT
   146.    Appeals to the Local Court
   147.    Procedures for Local Court appeals
   148.    Determination of appeals

   PART 11 - MISCELLANEOUS

   149.    Exchange of information
   150.    Notification of offences and other information
   151.    Disclosure of authorisation and other information
   152.    Disclosure of information
   153.    Records and evidentiary matters
   154.    Extraterritorial application
   155.    Fees, charges and levies
   156.    Service of documents
   157.    Compensation not payable
   158.    Regulations
   159.    Review of taxi and hire vehicle industries impacts
   160.    Review of Act
   161.    Review--Point to Point Transport (Taxis and Hire Vehicles) Amendment Act 2022
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           Schedule 7 (Repealed)