South Australian Current Regulations

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PASSENGER TRANSPORT REGULATIONS 2009 - REG 38

38—Suspension or cancellation of licences

        (1)         For the purposes of section 50(1)(c) of the Act, the following requirements and conditions are prescribed:

            (a)         a requirement that a person who drives the taxi for the purposes of a passenger transport service must be a fit and proper person to be the driver of a taxi;

            (b)         a requirement that the service provided to the public through the use of the taxi must be adequate and appropriate for the kind or grade of licence;

            (c)         a requirement that the taxi must comply with these regulations and any requirement determined by the Minister, remain suitable for use as a taxi under a licence of the kind or grade applied for, and remain in good order;

            (d)         a condition that the holder of the licence must remain eligible under the Act and these regulations to hold a taxi licence.

        (2)         If the Minister decides to suspend or cancel a taxi licence under section 50 of the Act, the Minister must—

            (a)         in the case of a temporary licence—give the holder of the licence at least 7 days written notice of the proposed course of action (including a brief summary of the reasons for the Minister's decision); or

            (b)         in any other case—

                  (i)         give the holder of the licence written notice of the proposed course of action (including a brief summary of the matters alleged against him or her); and

                  (ii)         allow the holder of the licence a reasonable opportunity to answer or make submissions in relation to the matters alleged against him or her.

        (3)         The procedures set out in subregulation (2) may be undertaken in conjunction with a process under Part 4 Division 5 of the Act.

        (4)         A notification of a decision of the Minister to suspend or cancel a taxi licence, other than a temporary licence, must include a statement setting out the person's right to appeal against the decision.



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