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.