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TASMANIA
__________
PASSENGER TRANSPORT AND RELATED
LEGISLATION (CONSEQUENTIAL
AMENDMENTS) BILL 2011
__________
CONTENTS
1. Short title
2. Commencement
3. Further amendment of statutory rules
4. Amendment of Schedule 1
5. Repeal of Act
6. Consequential amendments
7. Legislation repealed
8. Legislation rescinded
Schedule 1 - Consequential Amendments
Schedule 2 - Legislation repealed
Schedule 3 - Legislation rescinded
[Bill 72]-II
2
PASSENGER TRANSPORT AND RELATED
LEGISLATION (CONSEQUENTIAL
AMENDMENTS) BILL 2011
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
22 November 2011
(Brought in by the Minister for Sustainable Transport, the
Honourable Nicholas James McKim)
A BILL FOR
An Act to amend certain legislation and repeal and rescind
certain legislation consequent on the enactment of the
Passenger Transport Services Act 2011 and the Taxi and
Luxury Hire Car Industries Amendment Act 2011
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Passenger
Transport and Related Legislation
(Consequential Amendments) Act 2011.
THIS BILL IS COGNATE WITH THE PASSENGER TRANSPORT SERVICES BILL 2011 AND
THE TAXI AND LUXURY HIRE CAR INDUSTRIES AMENDMENT BILL 2011
[Bill 72] 3
Passenger Transport and Related Legislation (Consequential
Amendments) Act 2011
Act No. of
s. 2
2. Commencement
(1) Sections 1 and 4 and this section commence on
the day on which this Act receives the Royal
Assent.
(2) The remaining provisions of this Act commence
on a day to be proclaimed.
3. Further amendment of statutory rules
The amendment by this Act of any statutory
rules does not bar their subsequent amendment
by further statutory rules of the same kind.
4. Amendment of Schedule 1
(1) This section applies if, before section 6
commences, the Governor on the advice of the
Minister administering the Passenger Transport
Services Act 2011 is satisfied in respect of any
statutory rules whose provisions are proposed to
be consequentially amended by Schedule 1 -
(a) that the statutory rules are to be, or have
been, for any reason rescinded or
revoked by legislation other than this Act
("other legislation"); or
(b) that the statutory rules are to be, or have
been, for any reason amended by other
legislation in a way that will render, or
has rendered, a proposed consequential
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Passenger Transport and Related Legislation (Consequential
Amendments) Act 2011
Act No. of
s. 5
amendment in Schedule 1 incompatible
with the statutory rules as proposed to be
amended, or as amended, by that other
legislation.
(2) The Governor, by order, may amend Schedule 1
by omitting the whole or any part of the
consequential amendments relating to the
statutory rules concerned.
5. Repeal of Act
This Act is repealed on the ninetieth day from
the day on which all of the provisions of this Act
commence.
6. Consequential amendments
The legislation specified in Schedule 1 is
amended as specified in that Schedule.
7. Legislation repealed
The legislation specified in Schedule 2 is
repealed.
8. Legislation rescinded
The legislation specified in Schedule 3 is
rescinded.
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Passenger Transport and Related Legislation (Consequential
Amendments) Act 2011
Act No. of
sch. 1
SCHEDULE 1 - CONSEQUENTIAL AMENDMENTS
Section 6
Annulled Convictions Act 2003
1. Section 7(1) is amended by omitting paragraph
(b) from the definition of "traffic offence" and
substituting:
(b) an offence under the Passenger
Transport Services Act 2011 or Taxi and
Hire Vehicle Industries Act 2008; or
Economic Regulator Act 2009
1. Section 44 is amended as follows:
(a) by omitting from subsection (2)(b) "Taxi
and Luxury Hire Car Industries Act
2008" and substituting "Taxi and Hire
Vehicle Industries Act 2008";
(b) by omitting from subsection (5) "Taxi
and Luxury Hire Car Industries Act
2008" and substituting "Taxi and Hire
Vehicle Industries Act 2008".
6
Passenger Transport and Related Legislation (Consequential
Amendments) Act 2011
Act No. of
sch. 1
Justices Rules 2003
1. Schedule 2 is amended as follows:
(a) by omitting "Passenger Transport Act
1997" from column 2 of item 19 in the
table and substituting "Passenger
Transport Services Act 2011";
(b) by omitting "Taxi and Luxury Hire Car
Industries Act 2008" from column 2 of
item 26 in the table and substituting
"Taxi and Hire Vehicle Industries Act
2008".
Litter Act 2007
1. Section 30(1) is amended by omitting paragraph
(a).
Local Government (Highways) Act 1982
1. Section 97(11)(d) is amended by omitting
"registered as a hire and drive vehicle under the
Vehicle and Traffic Act 1999" and substituting
"operating a hire and drive passenger service
within the meaning of the Passenger Transport
Services Act 2011".
7
Passenger Transport and Related Legislation (Consequential
Amendments) Act 2011
Act No. of
sch. 1
Luxury Hire Car Industry Regulations 2008
1. Regulation 3 is amended by omitting "Taxi and
Luxury Hire Car Industries Act 2008" from the
definition of "Act" and substituting "Taxi and
Hire Vehicle Industries Act 2008".
2. Regulation 6(d) is amended by omitting "in
accordance with Part 2A of the Passenger
Transport Act 1997" and substituting "under the
Passenger Transport Services Act 2011".
3. Regulation 28(1) is amended by omitting "Taxi
and Luxury Hire Car Industries Act 2008" from
the definition of "current Act" and substituting
"Taxi and Hire Vehicle Industries Act 2008".
Road Rules 2009
1. Rule 354(1) is amended by omitting paragraphs
(a) and (b) and substituting the following
paragraphs:
(a) finds the person committing an offence
against the Act, the Passenger Transport
Services Act 2011 or the Taxi and Hire
Vehicle Industries Act 2008; or
(b) reasonably believes that the person has
committed an offence against the Act, the
Passenger Transport Services Act 2011
8
Passenger Transport and Related Legislation (Consequential
Amendments) Act 2011
Act No. of
sch. 1
or the Taxi and Hire Vehicle Industries
Act 2008.
Note 1: Act, authorised person and police officer are defined in the
dictionary.
Note 2: An offence against the Road Rules is an offence against the Act.
Note 3: Rule 304 also deals with directions by police officers and
authorised persons, being directions for the safe and efficient regulation
of traffic.
2. Division 1 of Part 2 of Schedule 6 is amended as
follows:
(a) by omitting clause 10 and substituting
the following clause:
10. Public bus
(1) A vehicle is declared to be a
public bus for rule 183 if it is a
bus that is -
(a) being operated for the
purposes of carrying
passengers; and
(b) not being operated for
personal private use
within the meaning of
section 6 of the Passenger
Transport Services Act
2011.
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Passenger Transport and Related Legislation (Consequential
Amendments) Act 2011
Act No. of
sch. 1
(2) A vehicle is declared to be a
public bus for the Road Rules if it
is -
(a) a bus that is being used to
operate an authorised
regular passenger service
within the meaning of the
Passenger Transport
Services Act 2011; or
(b) a bus that is -
(i) registered in
another State or a
Territory; and
(ii) permitted under a
law of that State
or Territory to
operate as a public
passenger vehicle;
and
(iii) operating, under
charter in this
State, a passenger
transport service
within the
meaning of the
Passenger
Transport Services
Act 2011.
(b) by omitting from clause 12 "Taxi and
Luxury Hire Car Industries Act 2008"
10
Passenger Transport and Related Legislation (Consequential
Amendments) Act 2011
Act No. of
sch. 1
and substituting "Taxi and Hire Vehicle
Industries Act 2008".
Road Safety (Alcohol and Drugs) Act 1970
1. Section 2(2A) is amended by omitting paragraph
(a) and substituting the following paragraph:
(a) a motor vehicle that is being used to
operate a passenger transport service
within the meaning of the Passenger
Transport Services Act 2011; or
2. Section 7(3A) is amended as follows:
(a) by omitting "public passenger vehicle as
defined in the Passenger Transport Act
1997" and substituting "motor vehicle
that is being used to operate a passenger
transport service within the meaning of
the Passenger Transport Services Act
2011";
(b) by omitting "public passenger vehicle"
second occurring and substituting "motor
vehicle".
Taxi Industry Regulations 2008
1. Regulation 3(1) is amended by omitting the
definition of "Act" and substituting the
following definition:
11
Passenger Transport and Related Legislation (Consequential
Amendments) Act 2011
Act No. of
sch. 1
"Act" means the Taxi and Hire Vehicle
Industries Act 2008;
2. Regulation 10(c) is amended by omitting "in
accordance with Part 2A of the Passenger
Transport Act 1997" and substituting "under the
Passenger Transport Services Act 2011".
3. Regulation 12(e) is amended by omitting "in
accordance with Part 2A of the Passenger
Transport Act 1997" and substituting "under the
Passenger Transport Services Act 2011".
4. Regulation 26 is amended by omitting
subregulation (3) and substituting the following
subregulation:
(3) Subregulation (1) does not apply to a
vehicle that is being used to provide a
restricted hire vehicle service under the
Taxi and Hire Vehicle Industries Act
2008.
5. Regulation 59 is rescinded.
6. Clause 1 of Schedule 1 is amended by omitting
paragraph (a) and substituting the following
paragraph:
12
Passenger Transport and Related Legislation (Consequential
Amendments) Act 2011
Act No. of
sch. 1
(a) the vehicle must -
(i) not have more than 12 seats; and
(ii) be designed and constructed
primarily for the purpose of
carrying passengers;
Taxi and Luxury Hire Car Industries (Review of Decisions)
Regulations 2010
1. Regulation 1 is amended by omitting "Luxury
Hire Car" and substituting "Hire Vehicle".
2. Regulation 3 is amended by omitting the
definition of "Act" and substituting the
following definition:
"Act" means the Taxi and Hire Vehicle
Industries Act 2008;
Traffic Act 1925
1. Section 3(1) is amended by omitting the
definition of "public passenger vehicle" and
substituting the following definition:
"public passenger vehicle" means a motor
vehicle that is used to operate a
passenger transport service within the
meaning of the Passenger Transport
Services Act 2011;
13
Passenger Transport and Related Legislation (Consequential
Amendments) Act 2011
Act No. of
sch. 1
Transport Act 1981
1. Section 6(1) is amended by omitting paragraph
(c) and substituting the following paragraphs:
(c) to administer the Taxi and Hire Vehicle
Industries Act 2008 and Traffic Act 1925;
and
(ca) to administer such provisions of the
Passenger Transport Services Act 2011
as may confer powers and functions on
the Commission or relate to the exercise
and performance of those powers and
functions; and
2. Section 22 is amended as follows:
(a) by omitting from subsection (1)(a) ", the
Passenger Transport Act 1997, the Taxi
and Luxury Hire Car Industries Act 2008
or the Traffic Act 1925";
(b) by inserting the following paragraph after
paragraph (a) in subsection (1):
(ab) matters affecting the
administration of any related Act,
or Parts or provisions thereof, that
may be for the time being
administered by the Minister;
(c) by inserting the following subsection
after subsection (13):
14
Passenger Transport and Related Legislation (Consequential
Amendments) Act 2011
Act No. of
sch. 1
(14) In this section -
"related Act" means -
(a) the Traffic Act 1925;
and
(b) the Passenger
Transport Services
Act 2011; and
(c) the Taxi and Hire
Vehicle Industries
Act 2008; and
(d) the Vehicle and
Traffic Act 1999.
Vehicle and Traffic (Driver Licensing and Vehicle
Registration) Regulations 2010
1. Regulation 3(1) is amended as follows:
(a) by inserting the following definition after
the definition of "hierarchy of licence
classes":
"hire and drive vehicle" means a
vehicle used to operate a hire and
drive passenger service within the
meaning of the Passenger
Transport Services Act 2011;
15
Passenger Transport and Related Legislation (Consequential
Amendments) Act 2011
Act No. of
sch. 1
(b) by omitting the definition of "large
passenger vehicle" and substituting the
following definition:
"large passenger vehicle" has the
same meaning as in the
Passenger Transport Services Act
2011;
(c) by omitting the definition of "luxury hire
car" and substituting the following
definition:
"luxury hire car" has the same
meaning as in the Taxi and Hire
Vehicle Industries Act 2008;
(d) by inserting the following definition after
the definition of "residential address":
"restricted hire vehicle" has the same
meaning as in the Taxi and Hire
Vehicle Industries Act 2008;
(e) by omitting the definition of "small
passenger vehicle" and substituting the
following definition:
"small passenger vehicle" has the
same meaning as in the
Passenger Transport Services Act
2011;
(f) by omitting the definition of "taxi" and
substituting the following definition:
16
Passenger Transport and Related Legislation (Consequential
Amendments) Act 2011
Act No. of
sch. 1
"taxi" has the same meaning as in the
Taxi and Hire Vehicle Industries
Act 2008;
2. Regulation 48 is rescinded.
3. Regulation 52 is amended by omitting
subregulation (3).
4. Regulation 57 is amended by omitting
subregulation (5).
5. Regulation 85 is rescinded and the following
regulation is substituted:
85. Basis for issue of formal warning notice or
defect notice
(1) This regulation applies if a police officer
or authorised officer is of the opinion that
a motor vehicle or trailer is defective
and, as a result of the defect -
(a) the vehicle is or may be
unroadworthy; or
(b) the vehicle does not comply with
the relevant vehicle standards; or
17
Passenger Transport and Related Legislation (Consequential
Amendments) Act 2011
Act No. of
sch. 1
(c) the vehicle does not comply with
some other statutory requirement
including, in the case of a public
passenger vehicle, a statutory
requirement under a related law.
(2) The police officer or authorised officer
may -
(a) warn the driver that the vehicle is
defective; or
(b) issue a vehicle defect notice in
respect of the vehicle.
(3) In this regulation -
"public passenger vehicle" means a
motor vehicle that is used to
operate a passenger transport
service within the meaning of the
Passenger Transport Services Act
2011;
"related law" means -
(a) the Passenger Transport
Services Act 2011 and the
regulations in force under
that Act; and
(b) the Taxi and Hire Vehicle
Industries Act 2008 and
the regulations in force
under that Act.
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Passenger Transport and Related Legislation (Consequential
Amendments) Act 2011
Act No. of
sch. 1
6. Regulation 87 is amended as follows:
(a) by omitting from subregulation (4)(a)
"for reward";
(b) by inserting the following subregulation
after subregulation (8):
(9) In this regulation -
"public passenger vehicle"
means a motor vehicle
that is used to operate a
passenger transport
service within the
meaning of the Passenger
Transport Services Act
2011;
"repairs" includes, in the case
of the non-compliance
referred to in
regulation 85(1)(c), the
works or other actions
required to address the
non-compliance.
7. Regulation 102 is amended as follows:
(a) by omitting subregulation (3) and
substituting the following subregulations:
(3) In its application to large
passenger vehicles, a vehicle
19
Passenger Transport and Related Legislation (Consequential
Amendments) Act 2011
Act No. of
sch. 1
inspection program may provide
for -
(a) the initial inspection of
public passenger vehicles
(other than taxis) and hire
and drive vehicles that are
not more than 12 months
old; and
(b) the inspection at 12-
monthly intervals of
public passenger vehicles
(other than taxis) and hire
and drive vehicles that are
more than 12 months old;
and
(c) the inspection at 6-
monthly intervals of
public passenger vehicles
(other than taxis) and hire
and drive vehicles that are
more than 15 years old.
(3A) In its application to small
passenger vehicles, a vehicle
inspection program may provide
for -
(a) the initial inspection of
public passenger vehicles
(other than taxis), luxury
hire cars and restricted
hire vehicles that are not
20
Passenger Transport and Related Legislation (Consequential
Amendments) Act 2011
Act No. of
sch. 1
more than 3 years old;
and
(b) the inspection at 12-
monthly intervals of
public passenger vehicles
(other than taxis), hire and
drive vehicles, luxury hire
cars and restricted hire
vehicles that are more
than 3 years old; and
(c) the inspection at 6-
monthly intervals of
public passenger vehicles
(other than taxis), hire and
drive vehicles, luxury hire
cars and restricted hire
vehicles that are more
than 15 years old; and
(d) the initial inspection of
public passenger vehicles
that are taxis and not
more than 12 months old;
and
(e) the inspection at 6-
monthly intervals of
public passenger vehicles
that are taxis and more
than 12 months old; and
(f) in the case of public
passenger vehicles that
21
Passenger Transport and Related Legislation (Consequential
Amendments) Act 2011
Act No. of
sch. 1
are taxis (where those
vehicles had been used for
other purposes before first
being used as taxis or
were second-hand when
first used as taxis) initial
inspection and then
subsequent inspection at
6-monthly intervals.
(b) by omitting from subregulation (4)
"subregulation (3)" and substituting
"subregulation (3) or (3A)";
(c) by inserting the following subregulation
after subregulation (11):
(12) In this regulation -
"public passenger vehicle"
means a motor vehicle
that is used to operate a
passenger transport
service within the
meaning of the Passenger
Transport Services Act
2011.
8. Schedule 1 is amended as follows:
(a) by omitting "registered as a public
passenger vehicle or a hire and drive
vehicle" from column 2 of paragraph (a)
of item 39 in the third table and
22
Passenger Transport and Related Legislation (Consequential
Amendments) Act 2011
Act No. of
sch. 1
substituting "used to operate a passenger
transport service or hire and drive
passenger service within the meaning of
the Passenger Transport Services Act
2011";
(b) by omitting "registered as a public
passenger vehicle" from column 2 of
paragraph (b) of item 39 in the third table
and substituting "used to operate a
passenger transport service or hire and
drive passenger service within the
meaning of the Passenger Transport
Services Act 2011".
Vehicle and Traffic (Vehicle Standards) Regulations 2001
1. Regulation 104 is amended as follows:
(a) by omitting from subregulation (2)(c)
"regular passenger transport service" and
substituting "regular passenger service";
(b) by omitting subregulation (3) and
substituting the following subregulation:
(3) For subregulation (2) -
"regular passenger service"
has the same meaning as
in the Passenger
Transport Services Act
2011.
23
Passenger Transport and Related Legislation (Consequential
Amendments) Act 2011
Act No. of
sch. 1
Vehicle and Traffic Act 1999
1. Section 3(1) is amended as follows:
(a) by omitting the definition of "public
passenger vehicle" and substituting the
following definition:
"public passenger vehicle" means,
except as the regulations or any
of the regulations may otherwise
provide, a motor vehicle that is -
(a) used to operate a regular
passenger service within
the meaning of the
Passenger Transport
Services Act 2011; or
(b) used to operate a
passenger service, within
the meaning of the
Passenger Transport
Services Act 2011, having
the following
characteristics:
(i) the passenger
service is a
transport concern
within the
meaning of that
Act;
24
Passenger Transport and Related Legislation (Consequential
Amendments) Act 2011
Act No. of
sch. 1
(ii) the passenger
service is
available for use
by any member of
the general public;
(iii) the passengers, or
any of them, have
to pay a fare
within the
meaning of that
Act;
(b) by inserting the following definition after
the definition of "restricted driver
licence":
"restricted hire vehicle" has the same
meaning as in the Taxi and Hire
Vehicle Industries Act 2008;
2. Section 15(1) is amended by omitting "on a
public street for the purpose of carrying
passengers for reward".
3. Section 33 is repealed.
4. Section 49(7) is amended by omitting paragraphs
(b) and (c) from the definition of "related Act"
and substituting:
25
Passenger Transport and Related Legislation (Consequential
Amendments) Act 2011
Act No. of
sch. 1
(b) the Taxi and Hire Vehicle Industries Act
2008; or
(c) the Passenger Transport Services Act
2011; or
Workers Rehabilitation and Compensation Act 1988
1. Section 4DA(3) is amended as follows:
(a) by omitting "Taxi and Luxury Hire Car
Industries Act 2008" from the definition
of "licensee" and substituting "Taxi and
Hire Vehicle Industries Act 2008";
(b) by omitting "Taxi and Luxury Hire Car
Industries Act 2008" from the definition
of "luxury hire car" and substituting
"Taxi and Hire Vehicle Industries Act
2008".
2. Section 4DB(3) is amended as follows:
(a) by omitting "Taxi and Luxury Hire Car
Industries Act 2008" from paragraph (a)
of the definition of "responsible
operator" and substituting "Taxi and
Hire Vehicle Industries Act 2008";
(b) by omitting "Taxi and Luxury Hire Car
Industries Act 2008" from paragraph (b)
of the definition of "responsible
26
Passenger Transport and Related Legislation (Consequential
Amendments) Act 2011
Act No. of
sch. 1
operator" and substituting "Taxi and
Hire Vehicle Industries Act 2008";
(c) by omitting "Taxi and Luxury Hire Car
Industries Act 2008" from the definition
of "taxi" and substituting "Taxi and Hire
Vehicle Industries Act 2008";
(d) by omitting "Taxi and Luxury Hire Car
Industries Act 2008" from the definition
of "taxi licence" and substituting "Taxi
and Hire Vehicle Industries Act 2008".
27
Passenger Transport and Related Legislation (Consequential
Amendments) Act 2011
Act No. of
sch. 2
SCHEDULE 2 - LEGISLATION REPEALED
Section 7
Passenger Transport Act 1997 (No. 52 of 1997)
Passenger Transport (Consequential and Transitional) Act
1997 (No. 53 of 1997)
Passenger Transport (Transitional Regulations Validation)
Act 2002 (No. 32 of 2002)
Passenger Transport Amendment Act 2007 (No. 19 of 2007)
Taxi and Luxury Hire Car Industries (Consequential
Amendments) Act 2008 (No. 31 of 2008)
28
Passenger Transport and Related Legislation (Consequential
Amendments) Act 2011
Act No. of
sch. 3
SCHEDULE 3 - LEGISLATION RESCINDED
Section 8
Passenger Transport Regulations 2000 (No. 65 of 2000)
Passenger Transport (Review of Decisions) Regulations 2000
(No. 67 of 2000)
Passenger Transport Amendment Regulations 2000 (No. 139
of 2000)
Passenger Transport Amendment (Continuation) Regulations
2001 (No. 140 of 2001)
Passenger Transport Amendment Regulations 2003 (No. 99 of
2003)
Passenger Transport Amendment Regulations 2005 (No. 105
of 2005)
Passenger Transport Amendment Regulations 2007 (No. 72 of
2007)
Passenger Transport Amendment (Community Transport)
Regulations 2008 (No. 124 of 2008)
Luxury Hire Car Industry (Rescission) Regulations 2008 (No.
139 of 2008)
Passenger Transport Amendment (Community Transport)
Regulations 2009 (No. 161 of 2009)
Passenger Transport Amendment Regulations 2009 (No. 193
of 2009)
29
Passenger Transport and Related Legislation (Consequential
Amendments) Act 2011
Act No. of
sch. 3
Passenger Transport Amendment (Community Transport)
Regulations 2010 (No. 132 of 2010)
30 Government Printer, Tasmania