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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
TAXI AND LUXURY HIRE CAR INDUSTRIES
BILL 2008
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
4. Intent of Act
5. Administration and enforcement
6. Act to bind Crown
PART 2 - ADMINISTRATION
7. Commission subject to control of Minister
8. General administration fund
PART 3 - TAXI LICENCES
Division 1 - Effect of taxi licences
9. Effect of taxi licence
Division 2 - Perpetual taxi licences
10. Effect of perpetual taxi licence
11. Responsible operator of perpetual taxi licence
12. Misrepresentation of person as owner of perpetual taxi licence
13. Annual administration fee
[Bill 44]-I
14. Failure to pay annual administration fee
15. Transfer of ownership of perpetual taxi licence
16. Replacement licence
17. Surrender of perpetual taxi licence
18. New owner-operator taxi licence to be made available in place of
surrendered perpetual taxi licence
19. Requirement for evidence of operation of perpetual taxi licence
20. New owner-operator taxi licence to be made available in place of
inactive perpetual taxi licence
Division 3 - Owner-operator taxi licences
21. Effect of owner-operator taxi licence
22. Issue of owner-operator taxi licences
23. Number of owner-operator taxi licences to be made available
24. Application for owner-operator taxi licence
25. Responsible operator of owner-operator taxi licence
26. Misrepresentation of person as holder of owner-operator taxi
licence
27. Prohibition on leasing owner-operator taxi licence
28. Owner-operator taxi licence conditions
29. Annual administration fee
30. Failure to pay annual administration fee
31. Transfer of owner-operator taxi licence to another person
32. Replacement licence
33. Surrender of owner-operator taxi licence
34. Inactive owner-operator taxi licence
35. Cancellation of accreditation
36. Suspension or cancellation of owner-operator taxi licence
37. New owner-operator taxi licence to be made available in place of
surrendered or cancelled owner-operator taxi licence
38. Delivering-up of owner-operator taxi licence
Division 4 - Wheelchair-accessible taxi licences
39. Effect of wheelchair-accessible taxi licence
2
40. Issue of wheelchair-accessible taxi licences
41. Application for wheelchair-accessible taxi licence
42. Responsible operator of wheelchair-accessible taxi licence
43. Misrepresentation of person as holder of wheelchair-accessible
taxi licence
44. Prohibition on leasing wheelchair-accessible taxi licence
45. Vehicle to be used under authority of wheelchair-accessible taxi
licence
46. Wheelchair-accessible taxi licence conditions
47. Annual administration fee
48. Failure to pay annual administration fee
49. Transfer of wheelchair-accessible taxi licence to another person
50. Transfer of wheelchair-accessible taxi licence to another vehicle
51. Substitute wheelchair-accessible taxis
52. Replacement licence
53. Surrender of wheelchair-accessible taxi licence
54. Cancellation of accreditation
55. Suspension or cancellation of wheelchair-accessible taxi licence
56. Delivering-up of wheelchair-accessible taxi licence
Division 5 - Temporary taxi licences
57. Temporary taxi licence
58. Issue of temporary taxi licences
59. Application for temporary taxi licence
60. Duration of temporary taxi licence
61. Misrepresentation of person as holder of temporary taxi licence
62. Temporary taxi licence conditions
63. Replacement licence
64. Surrender of temporary taxi licence
65. Cancellation of temporary taxi licence
66. Delivering-up of temporary taxi licence
3
PART 4 - LUXURY HIRE CAR LICENCES
67. Effect of luxury hire car licence
68. Issue of luxury hire car licences
69. Application for luxury hire car licence
70. Responsible operator of luxury hire car licence
71. Misrepresentation of person as holder of luxury hire car licence
72. Prohibition on leasing luxury hire car licence
73. Approval of luxury hire cars
74. Luxury hire car licence conditions
75. Annual administration fee
76. Failure to pay annual administration fee
77. Transfer of luxury hire car licence to another person
78. Transfer of luxury hire car licence to another vehicle
79. Replacement licence
80. Surrender of luxury hire car licence
81. Cancellation of accreditation
82. Suspension or cancellation of luxury hire car licence
83. Delivering-up of luxury hire car licence
84. Small passenger vehicle offences
PART 5 - MISCELLANEOUS AND SUPPLEMENTAL
85. Register of licences
86. Effect of licence lapsing or being suspended
87. Surrender of licence
88. Cancelled licence
89. Licence number plates
90. Return of licence number plate to Commission
91. Use of taxis
92. Age of vehicle
93. Use of accessible vehicle with standard taxi licence
94. Security cameras
4
95. False or misleading statements
96. Person other than responsible operator must not provide taxi
service
97. Supply of information to Commission by licence holders, &c.
98. Taxi dispatch services
99. Evidentiary certificates
100. Service of notices and other documents
101. Regulations
102. Administration of Act
103. Savings and transitional provisions
104. Legislation repealed
105. Legislation rescinded
SCHEDULE 1 - CRITERIA FOR WHEELCHAIR-ACCESSIBLE
TAXIS, REMOTE AREA WHEELCHAIR-ACCESSIBLE
TAXIS AND SUBSTITUTE WHEELCHAIR-ACCESSIBLE
TAXIS
SCHEDULE 2 - REMOTE TAXI AREAS
SCHEDULE 3 - RESERVE PRICES FOR OWNER-OPERATOR TAXI
LICENCES
SCHEDULE 4 - TAXI AREAS
SCHEDULE 5 - MATTERS IN RESPECT OF WHICH REGULATIONS
MAY BE MADE
SCHEDULE 6 - LEGISLATION REPEALED
SCHEDULE 7 - LEGISLATION RESCINDED
5
6
TAXI AND LUXURY HIRE CAR INDUSTRIES
BILL 2008
(Brought in by the Minister for Infrastructure, the Honourable
Graeme Lindsay Sturges)
A BILL FOR
An Act to provide for the administration of the taxi and
luxury hire car industries and for related purposes
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:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Taxi and Luxury
Hire Car Industries Act 2008.
2. Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
3. Interpretation
In this Act, unless the contrary intention
appears -
[Bill 44] 7
Taxi and Luxury Hire Car Industries Act 2008
Act No. of
s. 3 Part 1 - Preliminary
"accredited operator" means a person who
holds accreditation in accordance with
Part 2A of the Passenger Transport Act
1997;
"AS" means a standard published by
Standards Australia as amended or
substituted from time to time;
"AS 2942" means AS 2942-1994 "Wheelchair
Occupant Restraint Assemblies for Motor
Vehicles" issued and published by
Standards Australia as amended or
substituted from time to time;
"AS 3856" means AS 3856 Parts 1 and 2
"Hoists and Ramps for People with
Disabilities - Vehicle Mounted" issued
and published by Standards Australia as
amended or substituted from time to
time;
"authorised officer" means a person
authorised by the Commission under
section 9(2) of the Traffic Act 1925 to
exercise the power or perform the
function in reference to which the
expression is used;
"Commission" means the Transport
Commission incorporated under the
Transport Act 1981;
"compliance plate" means an identification
plate approved to be placed on a vehicle,
or taken to have been placed on a
vehicle, under the Motor Vehicles
8
Taxi and Luxury Hire Car Industries Act 2008
Act No. of
Part 1 - Preliminary s. 3
Standards Act 1989 of the
Commonwealth;
"fund" means the fund established under
section 8;
"human rights legislation" means the
following Acts of the Commonwealth:
(a) Racial Discrimination Act 1975;
(b) Sex Discrimination Act 1984;
(c) Disability Discrimination Act
1992;
"inactive", in relation to a taxi licence, means
not being used to provide a taxi service;
"inspection report" means a report issued in
respect of a vehicle by -
(a) an authorised officer; or
(b) a person who has an agreement
with the Crown to carry out
inspections of vehicles; or
(c) some other person approved by
the Registrar -
that certifies that the vehicle is
roadworthy;
"licence" means a perpetual taxi licence, a
wheelchair-accessible taxi licence, an
owner-operator taxi licence, a temporary
taxi licence or a luxury hire car licence;
9
Taxi and Luxury Hire Car Industries Act 2008
Act No. of
s. 3 Part 1 - Preliminary
"licence number plate" means a plate issued
by the Commission in respect of a
licence in force under this Act;
"limited passenger service" has the same
meaning as in the Passenger Transport
Act 1997;
"luxury hire car" means a public passenger
vehicle that -
(a) is registered as a public passenger
vehicle in accordance with
section 7(1)(b) of the Passenger
Transport Act 1997; and
(b) is approved for use as a luxury
hire car by the Commission;
"luxury hire car licence" means a luxury hire
car licence referred to in Part 4;
"luxury hire car service" means a public
passenger service provided by a luxury
hire car under the authority of a luxury
hire car licence;
"motor vehicle" has the same meaning as in
the Vehicle and Traffic Act 1999;
"owner", in relation to a perpetual taxi
licence, means the person recorded on
the register of licences as the owner of
that licence;
10
Taxi and Luxury Hire Car Industries Act 2008
Act No. of
Part 1 - Preliminary s. 3
"owner-operator taxi licence" means an
owner-operator taxi licence referred to in
Part 3;
"perpetual taxi licence" means a perpetual
taxi licence referred to in Part 3;
"public passenger service" has the same
meaning as in the Passenger Transport
Act 1997;
"public passenger vehicle" has the same
meaning as in the Passenger Transport
Act 1997;
"public street" has the same meaning as in
the Traffic Act 1925;
"registered" means registered under the
Vehicle and Traffic Act 1999;
"registered operator" means a registered
operator within the meaning of the
Vehicle and Traffic Act 1999;
"register of licences" means the register
required to be kept by the Commission
under section 85;
"Register of Motor Vehicles" means the
register of motor vehicles and trailers
kept by the Registrar in accordance with
regulations made under the Vehicle and
Traffic Act 1999;
11
Taxi and Luxury Hire Car Industries Act 2008
Act No. of
s. 3 Part 1 - Preliminary
"Registrar" means the Registrar of Motor
Vehicles appointed under section 5 of the
Vehicle and Traffic Act 1999;
"regulations" means regulations made and in
force under this Act;
"remote area wheelchair-accessible taxi"
means a taxi that is approved for use as a
remote area wheelchair-accessible taxi by
the Commission in accordance with
Schedule 1;
"remote taxi area" means any of the taxi
areas specified in Schedule 2;
"repealed Act" means the Taxi and Luxury
Hire Car Industries Act 1995;
"reserve price", in relation to a taxi area,
means the reserve price for an owner-
operator taxi licence in that area as
specified in Schedule 3;
"responsible operator", in relation to a taxi
licence, means the person recorded on
the register of licences as the responsible
operator of the taxi service authorised by
that licence;
"small passenger vehicle" means a motor
vehicle with a seating capacity of less
than 13 adults, including the driver, that
is designed and constructed primarily for
the carriage of passengers;
12
Taxi and Luxury Hire Car Industries Act 2008
Act No. of
Part 1 - Preliminary s. 3
"substitute wheelchair-accessible taxi"
means a taxi that is approved for use as a
substitute wheelchair-accessible taxi by
the Commission in accordance with
Schedule 1;
"taxi" means a public passenger vehicle that -
(a) is registered as a public passenger
vehicle in accordance with
section 7(1)(b) of the Passenger
Transport Act 1997; and
(b) is operating under the authority of
a taxi licence;
"taxi area" means an area specified in
Schedule 4 in which, to which and from
which a taxi service may operate;
"taxi dispatch service" means a service -
(a) that provides radio base,
computer or telephone services
for taxis or makes arrangements
for the provision of those services
to taxis; or
(b) that provides controlling, co-
ordinating, administrative or
other services to an operator of a
taxi service for the purpose of
arranging for a person who
requests a taxi service to be
provided with one;
13
Taxi and Luxury Hire Car Industries Act 2008
Act No. of
s. 3 Part 1 - Preliminary
"taxi driver" means a person who is engaged
or employed by a responsible operator to
drive a taxi;
"taxi licence" means a perpetual taxi licence,
an owner-operator taxi licence, a
wheelchair-accessible taxi licence or a
temporary taxi licence;
"taxi service" means a public passenger
service, other than a limited passenger
service, provided by a taxi;
"taxi zone" means a length of road to which a
taxi zone sign applies;
"taxi zone sign" means a sign that identifies a
length of road for use as a taxi zone for
the purposes of the Traffic (Road Rules)
Regulations 1999;
"temporary taxi licence" means a temporary
taxi licence referred to in Division 5 of
Part 3;
"wheelchair-accessible taxi" means a taxi
that is approved for use as a wheelchair-
accessible taxi by the Commission in
accordance with Schedule 1;
"wheelchair-accessible taxi licence" means a
wheelchair-accessible taxi licence
referred to in Part 3.
14
Taxi and Luxury Hire Car Industries Act 2008
Act No. of
Part 1 - Preliminary s. 4
4. Intent of Act
(1) The intent of this Act is, in respect of taxi
services, to ensure the provision of a safe,
demand-responsive, taxi transport system in
Tasmania that adequately meets the needs of
consumers.
(2) The intent of this Act is, in respect of luxury hire
car services, to ensure the provision of a safe,
personal hire car transport system.
5. Administration and enforcement
This Act is to be administered by the same
persons and in the same manner as section 9 of
the Traffic Act 1925 provides for that Act to be
administered, and that section applies to the
administration of this Act in all respects as if a
reference in that section to the Traffic Act 1925
were a reference to this Act.
6. Act to bind Crown
This Act binds the Crown in right of Tasmania
and, so far as the legislative power of Parliament
permits, in all its other capacities.
15
Taxi and Luxury Hire Car Industries Act 2008
Act No. of
s. 7 Part 2 - Administration
PART 2 - ADMINISTRATION
7. Commission subject to control of Minister
(1) In the exercise of the powers conferred, and the
performance of functions imposed, on the
Commission by or under this Act, the
Commission is subject to the control of the
Minister.
(2) The Minister may, in order to exercise the
control referred to in subsection (1), from time to
time give a direction to the Commission and the
Commission must, subject to this section,
exercise the powers conferred, and perform the
functions imposed, on it by or under this Act in
accordance with any such direction.
(3) The Commission is not bound by a direction
given under subsection (2) unless the direction is
in writing and signed by the Minister.
(4) The power conferred on the Minister by
subsection (2) is not to be exercised so as -
(a) to require the Commission to do anything
that it is not empowered to do by this
Act; or
(b) to prevent the Commission from
performing any function that it is
expressly required by this Act to
perform, whether conditionally or
unconditionally; or
16
Taxi and Luxury Hire Car Industries Act 2008
Act No. of
Part 2 - Administration s. 8
(c) to interfere with the formation by the
Commission of any opinion or belief in
relation to any matter that has to be
determined as a prerequisite to the
performance or exercise by the
Commission of any of its functions or
powers under this Act.
(5) Where the Minister gives a direction under
subsection (2) and the direction is not complied
with, the Minister may cause a copy of the
direction to be laid on the table of each House of
Parliament within the first 15 sitting-days of the
House after the direction is given.
(6) Subsection (2) does not authorise the Minister to
give a direction with respect to the issue,
transfer, suspension, cancellation or lapsing of a
taxi licence or a luxury hire car licence.
8. General administration fund
(1) A fund is to be established consisting of the
annual administration fees payable for perpetual
taxi licences, owner-operator taxi licences,
wheelchair-accessible taxi licences and luxury
hire car licences.
(2) The fund is to be applied for the general
administration of this Act.
(3) The fund is to be established as an account in the
Special Deposits and Trust Fund.
17
Taxi and Luxury Hire Car Industries Act 2008
Act No. of
s. 9 Part 3 - Taxi Licences
PART 3 - TAXI LICENCES
Division 1 - Effect of taxi licences
9. Effect of taxi licence
A taxi licence authorises the provision of a taxi
service.
Division 2 - Perpetual taxi licences
10. Effect of perpetual taxi licence
(1) A perpetual taxi licence authorises the taxi to
which the licence number plate issued in respect
of that licence is affixed to be hired on demand
within, to or from the taxi area to which the
licence relates -
(a) from a taxi zone; or
(b) by being hailed; or
(c) by being booked or ordered.
(2) A perpetual taxi licence is the personal property
of the owner of the licence and is capable of
being leased or assigned.
11. Responsible operator of perpetual taxi licence
(1) If the owner of a perpetual taxi licence leases or
assigns that licence to another person, that other
person is the responsible operator if he or she is
18
Taxi and Luxury Hire Car Industries Act 2008
Act No. of
Part 3 - Taxi Licences s. 12
accredited to operate a taxi service in accordance
with Part 2A of the Passenger Transport Act
1997.
(2) If the owner of a perpetual taxi licence leases or
assigns that licence to another person, the
Commission is not to record that other person as
the responsible operator unless that other person
is accredited to operate a taxi service in
accordance with Part 2A of the Passenger
Transport Act 1997.
(3) If the person to whom the perpetual taxi licence
is leased or assigned is not accredited to operate
a taxi service in accordance with Part 2A of the
Passenger Transport Act 1997, the owner of the
licence is taken to be the responsible operator
and must not operate the taxi service authorised
by the licence unless he or she is accredited in
accordance with Part 2A of that Act.
(4) If a perpetual taxi licence is not leased or
assigned to another person, the owner of the
perpetual taxi licence is the responsible operator
of that licence.
12. Misrepresentation of person as owner of perpetual
taxi licence
A person who does not own a perpetual taxi
licence must not hold himself or herself out to be
the owner of a perpetual taxi licence.
Penalty: Fine not exceeding 100 penalty units.
19
Taxi and Luxury Hire Car Industries Act 2008
Act No. of
s. 13 Part 3 - Taxi Licences
13. Annual administration fee
The owner of a perpetual taxi licence must pay
the prescribed annual administration fee in
respect of that licence by the date specified by
the Commission.
14. Failure to pay annual administration fee
(1) If the owner of a perpetual taxi licence fails to
pay the annual administration fee in respect of
that licence by the date specified by the
Commission -
(a) the licence lapses and the owner of the
licence or, if the licence is leased or
assigned, the lessee or assignee of the
licence has no authority to operate the
taxi service provided under the authority
of the licence; and
(b) an authorised officer may seize any
licence number plate issued in respect of
that licence.
(2) If an authorised officer seizes the licence number
plate issued in respect of that licence, that
licence number plate is void and the
Commission is to cancel that licence number
plate.
(3) If a perpetual taxi licence has lapsed under
subsection (1) for a period of 28 days, any
licence number plate issued in respect of that
20
Taxi and Luxury Hire Car Industries Act 2008
Act No. of
Part 3 - Taxi Licences s. 14
licence is void and the Commission is to cancel
that licence number plate.
(4) The responsible operator of a perpetual taxi
licence which has lapsed under subsection (1)
must not operate a taxi service under the
purported authority of that licence or cause or
permit another person to operate a taxi service
under the purported authority of that licence.
Penalty: Fine not exceeding 50 penalty units.
(5) The owner of a perpetual taxi licence which has
lapsed under subsection (1) must not operate a
taxi service under the purported authority of that
licence or cause or permit another person to
operate a taxi service under the purported
authority of that licence.
Penalty: Fine not exceeding 50 penalty units.
(6) If the owner of a perpetual taxi licence which
has lapsed under subsection (1) pays the annual
administration fee in relation to the lapsed
licence, the Commission is to reinstate the
authority to operate the taxi service provided
under the authority of the lapsed licence as soon
as practicable.
(7) If -
(a) an authorised officer has seized the
licence number plate issued in respect of
the lapsed licence; or
21
Taxi and Luxury Hire Car Industries Act 2008
Act No. of
s. 15 Part 3 - Taxi Licences
(b) the Commission has cancelled the licence
number plate issued in respect of the
lapsed licence -
and the owner of the licence subsequently pays
the annual administration fee in respect of that
licence, the Commission, as soon as practicable
after payment of the prescribed fee, is to issue a
replacement licence number plate to the owner
of the licence.
(8) It is a defence in proceedings under
subsection (4) for the responsible operator to
show that he or she did not know or could not
reasonably have known that the licence had
lapsed under subsection (1).
(9) If the owner of a perpetual taxi licence has not
paid an annual administration fee in respect of
that licence imposed in accordance with
regulations made under the repealed Act before
the commencement of this section, the
Commission, by notice in writing given to the
owner of that licence, is to require payment of
that fee by the date specified in the notice.
(10) If the owner of a perpetual taxi licence does not
pay the fee to the Commission by the date
specified in the notice, this section applies to the
licence as if it had lapsed under subsection (1).
15. Transfer of ownership of perpetual taxi licence
(1) A notification of the transfer of a perpetual taxi
licence is to be made to the Commission by the
22
Taxi and Luxury Hire Car Industries Act 2008
Act No. of
Part 3 - Taxi Licences s. 16
owner in a form approved by the Commission
and is to be accompanied by the prescribed fee.
(2) If a perpetual taxi licence that has lapsed is
transferred to another person, the fees due in
respect of that licence are payable by that other
person.
16. Replacement licence
The Commission may, on payment of the
prescribed fee, issue the owner of a perpetual
taxi licence with a replacement of the licence if
the Commission is satisfied that it has been lost,
destroyed or damaged.
17. Surrender of perpetual taxi licence
The owner of a perpetual taxi licence may
surrender the licence to the Commission by
causing the licence and any licence number plate
issued in respect of that licence to be delivered
to the Commission during business hours.
18. New owner-operator taxi licence to be made
available in place of surrendered perpetual taxi
licence
(1) If a perpetual taxi licence is surrendered to the
Commission under section 17, the Commission,
as soon as practicable, is to make available for
issue an owner-operator taxi licence, in the taxi
23
Taxi and Luxury Hire Car Industries Act 2008
Act No. of
s. 19 Part 3 - Taxi Licences
area to which the surrendered licence relates, in
place of the surrendered licence.
(2) An owner-operator taxi licence made available
under subsection (1) is to be offered for sale by
tender.
(3) The Commission must not accept a tender for an
owner-operator taxi licence made available
under subsection (1) that is less than the reserve
price for that licence.
19. Requirement for evidence of operation of perpetual
taxi licence
If the Commission is of the opinion that -
(a) a perpetual taxi licence is inactive; and
(b) the result of the licence being inactive is
a restriction of competition in the taxi
area to which the licence relates -
the Commission may, by notice in writing given
to the owner of the licence, require the owner of
the licence to provide to the Commission no later
than the date specified in the notice such
evidence as the Commission may require in
order to be satisfied that a taxi service is being
operated under the authority of that licence.
24
Taxi and Luxury Hire Car Industries Act 2008
Act No. of
Part 3 - Taxi Licences s. 20
20. New owner-operator taxi licence to be made
available in place of inactive perpetual taxi licence
(1) If -
(a) the owner of the perpetual taxi licence
referred to in section 19 does not provide
the evidence referred to in that section; or
(b) the evidence provided does not satisfy
the Commission that a taxi service is
being operated under the authority of the
licence -
the Commission, by notice in writing given to
the owner of the perpetual taxi licence, is to
declare that the perpetual taxi licence is inactive.
(2) If the Commission declares a perpetual taxi
licence inactive, the Commission, as soon as
practicable, is to make available for issue an
owner-operator taxi licence, in the taxi area to
which the inactive perpetual taxi licence relates,
in place of the inactive licence.
(3) An owner-operator taxi licence made available
under subsection (2) is to be offered for sale by
tender.
(4) The Commission must not accept a tender for an
owner-operator taxi licence made available
under subsection (2) that is less than the reserve
price for that licence.
(5) The owner of an inactive perpetual taxi licence is
not entitled to submit a tender for the owner-
25
Taxi and Luxury Hire Car Industries Act 2008
Act No. of
s. 21 Part 3 - Taxi Licences
operator taxi licence made available under
subsection (2).
Division 3 - Owner-operator taxi licences
21. Effect of owner-operator taxi licence
An owner-operator taxi licence authorises the
taxi to which the licence number plate issued in
respect of that licence is affixed to be hired on
demand within, to or from the taxi area to which
the licence relates -
(a) from a taxi zone; or
(b) by being hailed; or
(c) by being booked or ordered.
22. Issue of owner-operator taxi licences
(1) The Commission must, in accordance with
section 23, issue owner-operator taxi licences for
each taxi area.
(2) The Commission may only issue an owner-
operator taxi licence to a natural person.
(3) An owner-operator taxi licence issued by the
Commission is subject to such conditions as the
Commission may determine.
26
Taxi and Luxury Hire Car Industries Act 2008
Act No. of
Part 3 - Taxi Licences s. 23
23. Number of owner-operator taxi licences to be made
available
(1) Before 30 September in each year, the
Commission must make available for issue in
each taxi area an additional number of owner-
operator taxi licences equivalent to -
(a) 5% of the total number of perpetual taxi
licences and owner-operator taxi licences
in that area, rounded to the nearest whole
number; or
(b) one owner-operator taxi licence -
whichever is the greater.
(2) An owner-operator taxi licence made available
under subsection (1) is to be offered for sale by
tender.
(3) The Commission must not accept a tender for an
owner-operator taxi licence in a particular taxi
area that is less than the reserve price for that
taxi area.
(4) If, in any taxi area -
(a) the average tender price for those
licences sold in accordance with this
section exceeds the reserve price for that
licence by more than 100%; and
(b) all available licences for that taxi area are
sold -
the Commission must make available a further
number of owner-operator taxi licences,
27
Taxi and Luxury Hire Car Industries Act 2008
Act No. of
s. 24 Part 3 - Taxi Licences
calculated in accordance with subsection (1), for
sale by further tender as soon as practicable.
(5) If a licence made available under this section is
not sold by tender, the Commission is to make
that licence available for sale at the reserve price
as soon as practicable after the conclusion of the
tender.
(6) If a licence made available for sale under
subsection (5) is not sold before the date on
which the Commission calls the following year's
tender, the Commission is to withdraw that
licence from sale.
24. Application for owner-operator taxi licence
(1) An application for an owner-operator taxi
licence is to be made by an individual in a form
approved by the Commission and is to be
accompanied by the prescribed fee.
(2) The Commission is not to issue an owner-
operator taxi licence to a person unless it is
satisfied that -
(a) the person is a natural person; and
(b) the person is accredited to operate a taxi
service in accordance with Part 2A of the
Passenger Transport Act 1997; and
(c) the person is the registered operator of a
taxi that is not being used to provide a
taxi service under the authority of
another taxi licence; and
28
Taxi and Luxury Hire Car Industries Act 2008
Act No. of
Part 3 - Taxi Licences s. 25
(d) the person has no outstanding fees due to
the Commission.
(3) The Commission is to refuse an application for
an owner-operator taxi licence if the
Commission is not satisfied that the applicant
would be the operator of the taxi service to be
provided under the authority of that licence.
25. Responsible operator of owner-operator taxi licence
The holder of an owner-operator taxi licence is
the responsible operator of that licence.
26. Misrepresentation of person as holder of owner-
operator taxi licence
A person who does not hold an owner-operator
taxi licence must not hold himself or herself out
to be the holder of an owner-operator taxi
licence.
Penalty: Fine not exceeding 100 penalty units.
27. Prohibition on leasing owner-operator taxi licence
(1) The holder of an owner-operator taxi licence
must not lease or assign that licence to another
person or enter into an agreement, written or
otherwise, with another person permitting that
person to operate a taxi service under the
authority of that licence.
29
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s. 28 Part 3 - Taxi Licences
Penalty: Fine not exceeding 100 penalty units.
(2) If the Commission is satisfied that the holder of
an owner-operator taxi licence has leased or
assigned that licence to another person or
entered into an agreement with another person
permitting that person to operate a taxi service
under the authority of that licence, the
Commission is to cancel that licence in
accordance with section 36.
(3) A person must not enter into a lease or other
agreement, written or otherwise, with the holder
of an owner-operator taxi licence permitting or
authorising that person to operate a taxi service
under the authority of that licence.
Penalty: Fine not exceeding 100 penalty units.
28. Owner-operator taxi licence conditions
(1) The Commission may impose such conditions as
it may determine on an owner-operator taxi
licence and may vary or revoke any conditions
imposed on an owner-operator taxi licence.
(2) The Commission is to -
(a) give the holder of the owner-operator
taxi licence notice in writing of its
intention to impose, vary or revoke
licence conditions; and
(b) give the holder of the licence a
reasonable opportunity to make
representations to the Commission
30
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Part 3 - Taxi Licences s. 29
regarding the proposed conditions or
variation or revocation of the conditions;
and
(c) take any such representations into
account in exercising its power under this
section.
(3) The holder of an owner-operator taxi licence
must not contravene or fail to comply with the
conditions of the licence.
Penalty: Fine not exceeding 50 penalty units.
(4) If the Commission imposes any conditions on an
owner-operator taxi licence or varies or revokes
any conditions imposed on an owner-operator
taxi licence -
(a) the holder of the licence, at the request of
the Commission, is to give the licence to
the Commission; and
(b) the Commission is to issue a replacement
licence to the holder of the licence at no
charge to the holder of the licence.
29. Annual administration fee
The holder of an owner-operator taxi licence
must pay the prescribed annual administration
fee in respect of that licence by the date
specified by the Commission.
31
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s. 30 Part 3 - Taxi Licences
30. Failure to pay annual administration fee
(1) If the holder of an owner-operator taxi licence
fails to pay the annual administration fee in
respect of that licence by the date specified by
the Commission -
(a) the licence lapses and the holder of the
licence has no authority to operate the
taxi service provided under the authority
of the licence; and
(b) an authorised officer may seize any
licence number plate issued in respect of
the licence.
(2) If an authorised officer seizes the licence number
plate issued in respect of that licence, that
licence number plate is void and the
Commission is to cancel that licence number
plate.
(3) If an owner-operator taxi licence has lapsed
under subsection (1) for a period of 28 days, any
licence number plate issued in respect of that
licence is void and the Commission is to cancel
the licence number plate.
(4) The holder of an owner-operator taxi licence
which has lapsed under subsection (1) must not
operate a taxi service under the purported
authority of that licence or cause or permit
another person to operate a taxi service under the
purported authority of that licence.
Penalty: Fine not exceeding 50 penalty units.
32
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(5) If the holder of an owner-operator taxi licence
which has lapsed under subsection (1) pays the
annual administration fee in relation to the
lapsed licence, the Commission is to reinstate the
authority to operate the taxi service provided
under the authority of the lapsed licence as soon
as practicable.
(6) If -
(a) an authorised officer has seized the
licence number plate issued in respect of
the lapsed licence; or
(b) the Commission has cancelled the licence
number plate issued in respect of the
lapsed licence -
and the holder of the licence subsequently pays
the annual administration fee in respect of that
licence, the Commission, as soon as practicable
after payment of the prescribed fee, is to issue a
replacement licence number plate to the holder
of the licence.
31. Transfer of owner-operator taxi licence to another
person
(1) If the holder of an owner-operator taxi licence
wishes to transfer the licence to another person
the holder must, in a form approved by the
Commission and on payment of the prescribed
fee, apply to the Commission for approval for
that transfer before transferring the licence.
33
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s. 31 Part 3 - Taxi Licences
(2) The Commission may approve the transfer of an
owner-operator taxi licence if it is satisfied that
the person to whom the licence is proposed to be
transferred -
(a) is a natural person; and
(b) is accredited to operate a taxi service in
accordance with Part 2A of the
Passenger Transport Act 1997; and
(c) is the registered operator of a taxi that is
not being used to provide a taxi service
under the authority of another taxi
licence.
(3) The Commission is to refuse the transfer of an
owner-operator taxi licence if the Commission
reasonably believes that the person to whom the
licence is proposed to be transferred would not
be the operator of the taxi service to which that
licence relates.
(4) The Commission may refuse the transfer of an
owner-operator taxi licence -
(a) if the licence has lapsed as mentioned in
section 30; or
(b) if the licence is suspended under
section 36; or
(c) if the licence is subject to a notice of
intention to suspend or cancel under
section 36.
34
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Part 3 - Taxi Licences s. 32
(5) The transfer of the owner-operator taxi licence is
of no effect until the transfer has been approved
by the Commission and has been recorded on the
register of licences.
32. Replacement licence
The Commission may, on payment of the
prescribed fee, issue the holder of an owner-
operator taxi licence with a replacement of the
licence if the Commission is satisfied that it has
been lost, destroyed or damaged.
33. Surrender of owner-operator taxi licence
The holder of an owner-operator taxi licence
may surrender the licence to the Commission by
causing the licence and any licence number plate
issued in respect of that licence to be delivered
to the Commission during business hours.
34. Inactive owner-operator taxi licence
(1) If the Commission is of the opinion that -
(a) an owner-operator taxi licence is
inactive; and
(b) the result of the licence being inactive is
a restriction on competition in the taxi
area to which the licence relates -
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Taxi and Luxury Hire Car Industries Act 2008
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s. 34 Part 3 - Taxi Licences
the Commission may, by notice in writing given
to the holder of the licence, require the holder of
the licence to provide to the Commission no later
than the date specified in the notice such
evidence as the Commission may require that a
taxi service is being operated under the authority
of that licence.
(2) If -
(a) the holder of the owner-operator taxi
licence referred to in subsection (1) does
not provide the evidence referred to in
that subsection; or
(b) the evidence provided does not satisfy
the Commission that a taxi service is
being operated under the authority of the
licence -
the Commission, by notice in writing given to
the holder of the licence, is to declare that
licence inactive.
(3) If the Commission declares an owner-operator
taxi licence inactive, the Commission, by notice
in writing given to the holder of the licence, is to
require the holder of the licence to either -
(a) transfer the licence to another accredited
operator of a taxi service; or
(b) surrender the licence to the Commission.
(4) On receipt of a notice under subsection (3), the
holder of the owner-operator taxi licence must,
not later than the date specified in the notice -
36
Taxi and Luxury Hire Car Industries Act 2008
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Part 3 - Taxi Licences s. 35
(a) transfer the licence to another accredited
operator of a taxi service; or
(b) surrender the licence to the Commission.
(5) If the holder of an owner-operator taxi licence
does not comply with a requirement of the
Commission under subsection (3), the
Commission may cancel the licence in
accordance with section 36.
35. Cancellation of accreditation
(1) If the Commission cancels the accreditation of
the holder of an owner-operator taxi licence in
accordance with Part 2A of the Passenger
Transport Act 1997, the Commission, by notice
in writing given to the holder of the licence, is to
require the holder of the licence to either -
(a) transfer that licence to another accredited
operator of a taxi service within the
period specified in the notice; or
(b) surrender that licence to the Commission
within the period specified in the notice.
(2) On receipt of a notice under subsection (1), the
holder of the owner-operator taxi licence, not
later than the date specified in the notice, must -
(a) transfer the licence to another accredited
operator of a taxi service; or
(b) surrender the licence to the Commission.
37
Taxi and Luxury Hire Car Industries Act 2008
Act No. of
s. 36 Part 3 - Taxi Licences
(3) If the holder of the owner-operator taxi licence
does not comply with a requirement of the
Commission given under subsection (1), the
Commission may cancel the licence without
notice.
36. Suspension or cancellation of owner-operator taxi
licence
(1) The Commission, in prescribed circumstances,
may suspend or cancel an owner-operator taxi
licence.
(2) If the Commission proposes to exercise its
powers under subsection (1), it is to -
(a) give the holder of the owner-operator
taxi licence notice in writing of its
intention to suspend or cancel the
licence; and
(b) give the holder of the licence a
reasonable opportunity to make
representations to the Commission
regarding the proposed suspension or
cancellation; and
(c) take any such representations into
account in exercising its power under this
section.
(3) If the Commission is satisfied on reasonable
grounds that there is an immediate and serious
danger to public safety, the Commission may
38
Taxi and Luxury Hire Car Industries Act 2008
Act No. of
Part 3 - Taxi Licences s. 37
suspend or cancel an owner-operator taxi
licence.
(4) Subsection (2) does not apply if the Commission
exercises its powers under subsection (3).
(5) An owner-operator taxi licence is of no effect
during any period of its suspension.
(6) The holder of an owner-operator taxi licence that
has been suspended under subsection (1) or (3)
must not operate a taxi service under the
purported authority of that licence or cause or
permit another person to operate a taxi service
under the purported authority of that licence.
Penalty: Fine not exceeding 100 penalty units.
37. New owner-operator taxi licence to be made
available in place of surrendered or cancelled
owner-operator taxi licence
(1) If an owner-operator taxi licence is surrendered
to the Commission under section 33, 34 or 35 or
cancelled under section 35 or 36, the
Commission, as soon as practicable, is to make
available for issue an owner-operator taxi licence
in the taxi area to which the surrendered or
cancelled licence relates in the place of the
surrendered or cancelled licence.
(2) An owner-operator taxi licence made available
under subsection (1) is to be offered for sale by
tender.
39
Taxi and Luxury Hire Car Industries Act 2008
Act No. of
s. 38 Part 3 - Taxi Licences
(3) The Commission must not accept a tender for an
owner-operator taxi licence made available
under subsection (1) that is less than the reserve
price for that licence.
(4) A person who has surrendered his or her owner-
operator taxi licence to the Commission under
section 34 or 35 or whose owner-operator taxi
licence has been cancelled by the Commission
under section 35 or 36 is not entitled to submit a
tender for the owner-operator taxi licence made
available under subsection (1).
38. Delivering-up of owner-operator taxi licence
The holder of an owner-operator taxi licence
must, if given notice by the Commission to do
so, deliver up that licence to the Commission at
such time and place as is specified in the notice.
Penalty: Fine not exceeding 20 penalty units.
Division 4 - Wheelchair-accessible taxi licences
39. Effect of wheelchair-accessible taxi licence
A wheelchair-accessible taxi licence authorises
the vehicle specified in that licence to be hired
on demand within, to or from the taxi area to
which the licence relates -
(a) from a taxi zone; or
(b) by being hailed; or
40
Taxi and Luxury Hire Car Industries Act 2008
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Part 3 - Taxi Licences s. 40
(c) by being booked or ordered.
40. Issue of wheelchair-accessible taxi licences
(1) The Commission may issue a wheelchair-
accessible taxi licence.
(2) A wheelchair-accessible taxi licence issued by
the Commission is subject to such conditions as
the Commission may determine.
41. Application for wheelchair-accessible taxi licence
(1) An application for a wheelchair-accessible taxi
licence is to be made in a form approved by the
Commission and is to be accompanied by the
prescribed fee.
(2) The Commission is not to issue a wheelchair-
accessible taxi licence to a person unless it is
satisfied that -
(a) the person is accredited to operate a taxi
service in accordance with Part 2A of the
Passenger Transport Act 1997; and
(b) the person is the registered operator of
the vehicle to which the licence, if
issued, will relate; and
(c) the person has no outstanding fees due to
the Commission.
41
Taxi and Luxury Hire Car Industries Act 2008
Act No. of
s. 42 Part 3 - Taxi Licences
(3) The Commission is not to issue a wheelchair-
accessible taxi licence in respect of a vehicle
unless the vehicle -
(a) is -
(i) in the case of a remote taxi area, a
remote area wheelchair-
accessible taxi or a wheelchair-
accessible taxi; or
(ii) in any other taxi area, a
wheelchair-accessible taxi; and
(b) is -
(i) in the case of a remote taxi area,
not more than 7 years old; or
(ii) in any other taxi area, not more
than 12 months old and has an
odometer reading of less than
1 000km.
(4) The Commission is to refuse an application for a
wheelchair-accessible taxi licence if the
Commission is not satisfied that the applicant
would be the operator of the taxi service to be
provided under the authority of the licence.
42. Responsible operator of wheelchair-accessible taxi
licence
The holder of a wheelchair-accessible taxi
licence is the responsible operator of that
licence.
42
Taxi and Luxury Hire Car Industries Act 2008
Act No. of
Part 3 - Taxi Licences s. 43
43. Misrepresentation of person as holder of
wheelchair-accessible taxi licence
A person who does not hold a wheelchair-
accessible taxi licence must not hold himself or
herself out to be the holder of a wheelchair-
accessible taxi licence or the operator of a
wheelchair-accessible taxi service.
Penalty: Fine not exceeding 100 penalty units.
44. Prohibition on leasing wheelchair-accessible taxi
licence
(1) The holder of a wheelchair-accessible taxi
licence must not lease or assign that licence to
another person or enter into an agreement,
written or otherwise, with another person
permitting that person to operate a taxi service
under the authority of that licence.
Penalty: Fine not exceeding 100 penalty units.
(2) If the Commission is satisfied that the holder of
a wheelchair-accessible taxi licence has leased or
assigned that licence to another person or
entered into an agreement with another person
permitting that person to operate a taxi service
under the authority of that licence, the
Commission is to cancel that licence in
accordance with section 55.
(3) A person must not enter into a lease or other
agreement, written or otherwise, with the holder
of a wheelchair-accessible taxi licence
43
Taxi and Luxury Hire Car Industries Act 2008
Act No. of
s. 45 Part 3 - Taxi Licences
permitting or authorising that person to operate a
taxi service under the authority of that licence.
Penalty: Fine not exceeding 100 penalty units.
45. Vehicle to be used under authority of wheelchair-
accessible taxi licence
The holder of a wheelchair-accessible taxi
licence must not provide a taxi service under the
authority of that licence using a vehicle other
than the vehicle specified in that licence unless
the Commission has authorised the use of that
vehicle under section 51.
Penalty: Fine not exceeding 20 penalty units.
46. Wheelchair-accessible taxi licence conditions
(1) The Commission may impose such conditions as
it may determine on a wheelchair-accessible taxi
licence and may vary or revoke any conditions
imposed on a wheelchair-accessible taxi licence.
(2) The Commission is to -
(a) give the holder of the wheelchair-
accessible taxi licence notice in writing
of its intention to impose, vary or revoke
licence conditions; and
(b) give the holder of the licence a
reasonable opportunity to make
representations to the Commission
44
Taxi and Luxury Hire Car Industries Act 2008
Act No. of
Part 3 - Taxi Licences s. 47
regarding the proposed conditions or
variation or revocation of the conditions;
and
(c) take any such representations into
account in exercising its power under this
section.
(3) The holder of a wheelchair-accessible taxi
licence must not contravene or fail to comply
with the conditions of the licence.
Penalty: Fine not exceeding 50 penalty units.
(4) If the Commission imposes any conditions on a
wheelchair-accessible taxi licence or varies or
revokes any conditions imposed on a
wheelchair-accessible taxi licence -
(a) the holder of the licence, at the request of
the Commission, is to give the licence to
the Commission; and
(b) the Commission is to issue a replacement
licence to the holder of the licence at no
charge to the holder of the licence.
47. Annual administration fee
The holder of a wheelchair-accessible taxi
licence must pay the prescribed annual
administration fee in respect of that licence by
the date specified by the Commission.
45
Taxi and Luxury Hire Car Industries Act 2008
Act No. of
s. 48 Part 3 - Taxi Licences
48. Failure to pay annual administration fee
(1) If the holder of a wheelchair-accessible taxi
licence fails to pay the annual administration fee
in respect of that licence by the date specified by
the Commission -
(a) the licence lapses and the holder of the
licence has no authority to operate the
taxi service provided under the authority
of the licence; and
(b) an authorised officer may seize any taxi
licence number plate issued in respect of
the licence.
(2) If an authorised officer seizes the licence number
plate issued in respect of that licence, that
licence number plate is void and the
Commission is to cancel that licence number
plate.
(3) If a wheelchair-accessible taxi licence has lapsed
under subsection (1) for a period of 28 days, any
licence number plate issued in respect of that
licence is void and the Commission is to cancel
that licence number plate.
(4) The holder of a wheelchair-accessible taxi
licence that has lapsed under subsection (1) must
not operate a taxi service under the purported
authority of that licence or cause or permit
another person to operate a taxi service under the
purported authority of that licence.
Penalty: Fine not exceeding 50 penalty units.
46
Taxi and Luxury Hire Car Industries Act 2008
Act No. of
Part 3 - Taxi Licences s. 49
(5) If the holder of a wheelchair-accessible taxi
licence which has lapsed under subsection (1)
pays the annual administration fee in relation to
the lapsed licence, the Commission is to reinstate
the authority to operate the taxi service provided
under the authority of the lapsed licence as soon
as practicable.
(6) If -
(a) an authorised officer has seized the
licence number plate issued in respect of
the lapsed licence; or
(b) the Commission has cancelled the licence
number plate issued in respect of the
lapsed licence -
and the holder of the licence subsequently pays
the annual administration fee in respect of that
licence, the Commission, as soon as practicable
after payment of the prescribed fee, is to issue a
replacement licence number plate to the holder
of the licence.
49. Transfer of wheelchair-accessible taxi licence to
another person
(1) If the holder of a wheelchair-accessible taxi
licence wishes to transfer the licence to another
person, the holder must, in a form approved by
the Commission and on payment of the
prescribed fee, apply to the Commission for
approval for that transfer before transferring the
licence.
47
Taxi and Luxury Hire Car Industries Act 2008
Act No. of
s. 49 Part 3 - Taxi Licences
(2) The Commission may approve the transfer of a
wheelchair-accessible taxi licence if it is
satisfied that the person to whom the licence is
proposed to be transferred -
(a) is accredited to operate a taxi service in
accordance with Part 2A of the
Passenger Transport Act 1997; and
(b) is, or will be, the registered operator of
the vehicle to which the licence relates.
(3) The Commission is to refuse the transfer of a
wheelchair-accessible taxi licence -
(a) if the Commission reasonably believes
that the person to whom the licence is
proposed to be transferred would not be
the operator of the taxi service to which
that licence relates; or
(b) if the Commission determines that the
vehicle which is proposed to be operated
under the authority of the licence does
not comply with section 41(3)(a).
(4) The Commission may refuse the transfer of a
wheelchair-accessible taxi licence if -
(a) the licence has lapsed as mentioned in
section 48; or
(b) the licence is suspended under
section 55; or
48
Taxi and Luxury Hire Car Industries Act 2008
Act No. of
Part 3 - Taxi Licences s. 50
(c) the licence is subject to a notice of
intention to suspend or cancel under
section 55.
(5) The transfer of the wheelchair-accessible taxi
licence is of no effect until the transfer has been
approved by the Commission and has been
recorded on the register of licences.
50. Transfer of wheelchair-accessible taxi licence to
another vehicle
(1) If the holder of a wheelchair-accessible taxi
licence wishes to transfer the licence to another
vehicle, the holder of the licence must, in a form
approved by the Commission and on payment of
the prescribed fee, apply to the Commission for
approval for that transfer before transferring the
licence.
(2) The Commission may approve the transfer if the
Commission -
(a) determines that the vehicle complies with
section 41(3)(a); and
(b) is satisfied that the applicant is the
registered operator of the vehicle.
(3) The Commission may refuse the transfer if -
(a) the wheelchair-accessible taxi licence has
lapsed as mentioned in section 48; or
(b) the licence is suspended under
section 55; or
49
Taxi and Luxury Hire Car Industries Act 2008
Act No. of
s. 51 Part 3 - Taxi Licences
(c) the licence is subject to a notice of
intention to suspend or cancel under
section 55.
51. Substitute wheelchair-accessible taxis
(1) The holder of a wheelchair-accessible taxi
licence may apply to the Commission to transfer
that licence to a substitute wheelchair-accessible
taxi for a temporary period.
(2) An application to transfer a wheelchair-
accessible taxi licence to a substitute wheelchair-
accessible taxi for a temporary period must be
made in a form approved by the Commission
and accompanied by the prescribed fee.
(3) The Commission may approve the transfer if the
Commission is satisfied that -
(a) the vehicle to which the wheelchair-
accessible taxi licence is proposed to be
transferred is a substitute wheelchair-
accessible taxi and has a current
inspection report; and
(b) the vehicle to which the licence relates is
not being used for any other purpose and
is not able to be operated as a
wheelchair-accessible taxi for the period
of time specified in the application; and
(c) the holder of the licence is taking action
to repair or permanently replace the
vehicle to which the licence relates.
50
Taxi and Luxury Hire Car Industries Act 2008
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Part 3 - Taxi Licences s. 51
(4) The Commission is to determine the period of
time for which the substitute wheelchair-
accessible taxi may operate under the
wheelchair-accessible taxi licence.
(5) The Commission may, on application from the
holder of the wheelchair-accessible taxi licence,
and if satisfied that there are reasonable grounds
for doing so, extend the period of time for which
the substitute wheelchair-accessible taxi may
operate under that licence.
(6) The holder of the wheelchair-accessible taxi
licence must -
(a) affix the licence number plate of the
unavailable wheelchair-accessible taxi to
the substitute wheelchair-accessible taxi;
and
(b) keep that licence number plate affixed to
that vehicle during the time period that
the substitute wheelchair-accessible taxi
is authorised to operate under that
licence; and
(c) remove that licence number plate from
the substitute wheelchair-accessible taxi
on the expiry of the time period referred
to in paragraph (b).
Penalty: Fine not exceeding 20 penalty units.
51
Taxi and Luxury Hire Car Industries Act 2008
Act No. of
s. 52 Part 3 - Taxi Licences
52. Replacement licence
The Commission may, on payment of the
prescribed fee, issue the holder of a wheelchair-
accessible taxi licence with a replacement of the
licence if the Commission is satisfied that it has
been lost, destroyed or damaged.
53. Surrender of wheelchair-accessible taxi licence
The holder of a wheelchair-accessible taxi
licence may surrender the licence to the
Commission by causing the licence and any
licence number plate issued in respect of that
licence to be delivered to the Commission during
business hours.
54. Cancellation of accreditation
(1) If the Commission cancels the accreditation of
the holder of a wheelchair-accessible taxi licence
in accordance with Part 2A of the Passenger
Transport Act 1997, the Commission, by notice
in writing given to the holder of the licence, is to
require the holder of the licence to either -
(a) transfer that licence to another accredited
operator of a taxi service within the
period specified in the notice; or
(b) surrender that licence to the Commission
within the period specified in the notice.
52
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Act No. of
Part 3 - Taxi Licences s. 55
(2) On receipt of a notice under subsection (1), the
holder of the wheelchair-accessible taxi licence,
not later than the date specified in the notice,
must -
(a) transfer the licence to another accredited
operator of a taxi service; or
(b) surrender the licence to the Commission.
(3) If the holder of the wheelchair-accessible taxi
licence does not comply with a requirement of
the Commission given under subsection (1), the
Commission may cancel the licence without
notice.
55. Suspension or cancellation of wheelchair-accessible
taxi licence
(1) The Commission, in prescribed circumstances,
may suspend or cancel a wheelchair-accessible
taxi licence.
(2) If the Commission proposes to exercise its
powers under subsection (1), it is to -
(a) give the holder of the wheelchair-
accessible taxi licence notice in writing
of its intention to suspend or cancel the
licence; and
(b) give the holder of the licence a
reasonable opportunity to make
representations to the Commission
regarding the proposed suspension or
cancellation; and
53
Taxi and Luxury Hire Car Industries Act 2008
Act No. of
s. 56 Part 3 - Taxi Licences
(c) take any such representations into
account in exercising its power under this
section.
(3) If the Commission is satisfied on reasonable
grounds that there is an immediate and serious
danger to public safety, the Commission may
suspend or cancel a wheelchair-accessible taxi
licence.
(4) Subsection (2) does not apply if the Commission
exercises its powers under subsection (3).
(5) A wheelchair-accessible taxi licence is of no
effect during any period of its suspension.
(6) The holder of a wheelchair-accessible taxi
licence that has been suspended under
subsection (1) or (3) must not operate a taxi
service under the purported authority of that
licence or cause or permit another person to
operate a taxi service under the purported
authority of that licence.
Penalty: Fine not exceeding 100 penalty units.
56. Delivering-up of wheelchair-accessible taxi licence
The holder of a wheelchair-accessible taxi
licence must, if given notice by the Commission
to do so, deliver up that licence to the
Commission at such time and place as is
specified in the notice.
Penalty: Fine not exceeding 20 penalty units.
54
Taxi and Luxury Hire Car Industries Act 2008
Act No. of
Part 3 - Taxi Licences s. 57
Division 5 - Temporary taxi licences
57. Temporary taxi licence
A temporary taxi licence has the effect of an
owner-operator taxi licence for the period for
which it is in force and is not transferrable.
58. Issue of temporary taxi licences
(1) The Commission may issue temporary taxi
licences.
(2) A temporary taxi licence may be subject to any
conditions that the Commission thinks fit.
59. Application for temporary taxi licence
(1) An application for a temporary taxi licence is to
be made in a form approved by the Commission
and is to be accompanied by the prescribed fee.
(2) The Commission may issue a temporary taxi
licence to a person if that person is accredited to
operate a taxi service in accordance with Part
2A of the Passenger Transport Act 1997.
(3) The person to whom a temporary taxi licence is
issued is the responsible operator of that licence.
(4) The Commission is not to issue a temporary taxi
licence unless the Commission determines that
the vehicle proposed to be used is suitable for
use as a taxi.
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s. 60 Part 3 - Taxi Licences
(5) If the service proposed to be operated under the
authority of the temporary taxi licence is a
wheelchair-accessible taxi service, the
Commission is not to issue the temporary taxi
licence unless the vehicle proposed to be used
is -
(a) a wheelchair-accessible taxi; or
(b) a remote area wheelchair-accessible taxi;
or
(c) a substitute wheelchair-accessible taxi.
60. Duration of temporary taxi licence
A temporary taxi licence comes into force on the
day it is issued and expires on the date specified
in the licence.
61. Misrepresentation of person as holder of temporary
taxi licence
A person who does not hold a temporary taxi
licence must not hold himself or herself out to be
the holder of a temporary taxi licence.
Penalty: Fine not exceeding 100 penalty units.
62. Temporary taxi licence conditions
(1) The Commission may impose such conditions as
it may determine on a temporary taxi licence and
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Part 3 - Taxi Licences s. 63
may vary or revoke any conditions imposed on a
temporary taxi licence.
(2) The holder of a temporary taxi licence must not
contravene or fail to comply with the conditions
of the licence.
Penalty: Fine not exceeding 50 penalty units.
63. Replacement licence
The Commission may, on payment of the
prescribed fee, issue the holder of a temporary
taxi licence with a replacement of the licence if
the Commission is satisfied that it has been lost,
destroyed or damaged.
64. Surrender of temporary taxi licence
The holder of a temporary taxi licence may
surrender the licence to the Commission by
causing the licence to be delivered to the
Commission during business hours.
65. Cancellation of temporary taxi licence
The Commission may, by notice in writing given
to the holder of a temporary taxi licence, cancel
the licence.
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s. 66 Part 3 - Taxi Licences
66. Delivering-up of temporary taxi licence
The holder of a temporary taxi licence must, if
given notice by the Commission to do so, deliver
up that licence to the Commission at such time
and place as is specified in the notice.
Penalty: Fine not exceeding 20 penalty units.
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Part 4 - Luxury Hire Car Licences s. 67
PART 4 - LUXURY HIRE CAR LICENCES
67. Effect of luxury hire car licence
(1) A luxury hire car licence authorises the small
passenger vehicle specified in the licence to be
hired out, together with a driver, for the purpose
of carrying passengers for reward even though -
(a) the vehicle is not a taxi; and
(b) the passenger service being provided is
not a limited passenger service.
(2) A luxury hire car licence does not authorise a
luxury hire car to stand or ply for hire in a public
street or be hailed.
68. Issue of luxury hire car licences
(1) The Commission may issue luxury hire car
licences.
(2) A luxury hire car licence issued by the
Commission is subject to such conditions as the
Commission may determine.
69. Application for luxury hire car licence
(1) An application for a luxury hire car licence is to
be made in a form approved by the Commission
and is to be accompanied by the prescribed fee
and the licence fee of $5 000.
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s. 70 Part 4 - Luxury Hire Car Licences
(2) The Commission is not to issue a luxury hire car
licence to a person unless it is satisfied that -
(a) the person is accredited to operate a
luxury hire car service in accordance
with Part 2A of the Passenger Transport
Act 1997; and
(b) the person is the registered operator of
the vehicle to which the licence, if
issued, will relate; and
(c) the person has no outstanding fees due to
the Commission.
(3) The Commission is to refuse an application for a
luxury hire car licence if the Commission is not
satisfied that the applicant would be the operator
of the luxury hire car service to be provided
under the authority of the licence.
(4) The Commission is not to issue a luxury hire car
licence in respect of a vehicle unless the vehicle
is a luxury hire car.
70. Responsible operator of luxury hire car licence
The holder of a luxury hire car licence is the
responsible operator of that licence.
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71. Misrepresentation of person as holder of luxury
hire car licence
A person who does not hold a luxury hire car
licence must not hold himself or herself out to be
the holder of a luxury hire car licence or the
operator of a luxury hire car service.
Penalty: Fine not exceeding 100 penalty units.
72. Prohibition on leasing luxury hire car licence
(1) The holder of a luxury hire car licence must not
lease or assign that licence to another person or
enter into an agreement, written or otherwise,
with another person permitting them to operate a
luxury hire car service under the authority of that
licence.
Penalty: Fine not exceeding 100 penalty units.
(2) If the Commission is satisfied that the holder of
a luxury hire car licence has leased or assigned
that licence to another person or entered into an
agreement with another person permitting that
person to operate a luxury hire car service under
the authority of that licence, the Commission is
to cancel that licence in accordance with
section 82.
(3) A person must not enter into a lease or other
agreement, written or otherwise, with the holder
of a luxury hire car licence permitting or
authorising that person to operate a taxi service
under the authority of that licence.
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s. 73 Part 4 - Luxury Hire Car Licences
Penalty: Fine not exceeding 100 penalty units.
73. Approval of luxury hire cars
(1) The Commission may approve a vehicle for use
as a luxury hire car if the vehicle meets the
prescribed criteria.
(2) An application for approval of a vehicle for use
as a luxury hire car is to be made in a form
approved by the Commission.
74. Luxury hire car licence conditions
(1) The Commission may impose such conditions as
it may determine on a luxury hire car licence and
may vary or revoke any conditions imposed on a
luxury hire car licence.
(2) The Commission is to -
(a) give the holder of the luxury hire car
licence notice in writing of its intention
to impose, vary or revoke licence
conditions; and
(b) give the holder of the licence a
reasonable opportunity to make
representations to the Commission
regarding the proposed conditions or
variation or revocation of the conditions;
and
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(c) take any such representations into
account in exercising its power under this
section.
(3) The holder of a luxury hire car licence must not
contravene or fail to comply with the conditions
of the licence.
Penalty: Fine not exceeding 50 penalty units.
(4) If the Commission imposes any conditions on a
luxury hire car licence or varies or revokes any
conditions imposed on a luxury hire car licence -
(a) the holder of the licence, at the request of
the Commission, is to give the licence to
the Commission; and
(b) the Commission is to issue a replacement
licence to the holder of the licence at no
charge to the holder of the licence.
75. Annual administration fee
The holder of a luxury hire car licence must pay
the prescribed annual administration fee in
respect of that licence by the date specified by
the Commission.
76. Failure to pay annual administration fee
(1) If the holder of a luxury hire car licence fails to
pay the annual administration fee in respect of
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s. 76 Part 4 - Luxury Hire Car Licences
that licence by the date specified by the
Commission -
(a) the licence lapses and the holder of the
licence has no authority to operate the
luxury hire car service provided under
the authority of that licence; and
(b) an authorised officer may seize any
licence number plate issued in respect of
the licence.
(2) If an authorised officer seizes the licence number
plate issued in respect of that licence, that
licence number plate is void and the
Commission is to cancel that licence number
plate.
(3) If a luxury hire car licence has lapsed under
subsection (1) for a period of 28 days, any
licence number plate issued in respect of that
licence is void and the Commission is to cancel
that licence number plate.
(4) The holder of a luxury hire car licence that has
lapsed under subsection (1) must not operate a
luxury hire car service under the purported
authority of that licence or cause or permit
another person to operate a luxury hire car
service under the purported authority of that
licence.
Penalty: Fine not exceeding 50 penalty units.
(5) If the holder of a luxury hire car licence which
has lapsed under subsection (1) pays the annual
administration fee in relation to the lapsed
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licence, the Commission is to reinstate the
authority to operate the luxury hire car service
provided under the authority of the lapsed
licence as soon as practicable.
(6) If -
(a) an authorised officer has seized the
licence number plate issued in respect of
the lapsed licence; or
(b) the Commission has cancelled the licence
number plate issued in respect of the
lapsed licence -
and the holder of the licence subsequently pays
the annual administration fee in respect of that
licence, the Commission, as soon as practicable
after payment of the prescribed fee, is to issue a
replacement licence number plate to the holder
of the licence.
(7) If the holder of a luxury hire car licence has not
paid a renewal of licence fee in respect of that
licence imposed under the repealed Act before
the commencement of this section, the
Commission, by notice in writing given to the
holder of that licence, is to require payment of
that fee by the date specified in the notice.
(8) If the holder of the luxury hire car licence does
not pay the fee to the Commission by the date
specified in the notice, this section applies to the
licence as if it had lapsed under subsection (1).
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s. 77 Part 4 - Luxury Hire Car Licences
77. Transfer of luxury hire car licence to another
person
(1) If the holder of a luxury hire car licence wishes
to transfer the licence to another person, the
holder must, in a form approved by the
Commission and on payment of the prescribed
fee, apply to the Commission for approval for
that transfer before transferring the licence.
(2) The Commission may approve the transfer of a
luxury hire car licence if it is satisfied that the
person to whom the licence is proposed to be
transferred -
(a) is accredited to operate a luxury hire car
service in accordance with Part 2A of the
Passenger Transport Act 1997; and
(b) is, or will be, the registered operator of
the vehicle to which the licence relates.
(3) The Commission is to refuse the transfer of the
luxury hire car licence -
(a) if the Commission reasonably believes
that the person to whom the licence is
proposed to be transferred would not be
the operator of the luxury hire car service
to which that licence relates; or
(b) if the Commission determines that the
vehicle which is proposed to be operated
under the authority of the licence does
not meet the prescribed criteria.
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(4) The Commission may refuse the transfer of a
luxury hire car licence if -
(a) the licence has lapsed as mentioned in
section 76; or
(b) the licence is suspended under
section 82; or
(c) the licence is subject to a notice of
intention to suspend or cancel under
section 82.
(5) The transfer of the luxury hire car licence is of
no effect until the transfer has been approved by
the Commission and has been recorded on the
register of licences.
78. Transfer of luxury hire car licence to another
vehicle
(1) If the holder of a luxury hire car licence wishes
to transfer the licence to another vehicle, the
holder of the licence must, in a form approved
by the Commission and on payment of the
prescribed fee, apply to the Commission for
approval for that transfer before transferring the
licence.
(2) The Commission may approve the transfer if the
Commission -
(a) is satisfied that the vehicle to which the
luxury hire car licence is to relate is a
luxury hire car; and
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(b) is satisfied that the applicant is the
registered operator of that vehicle.
(3) The Commission may refuse the transfer if -
(a) the luxury hire car licence has lapsed as
mentioned in section 76; or
(b) the licence is suspended under
section 82; or
(c) the licence is subject to a notice of
intention to suspend or cancel under
section 82.
79. Replacement licence
The Commission may, on payment of the
prescribed fee, issue the holder of a luxury hire
car licence with a replacement of the licence if
the Commission is satisfied that it has been lost,
destroyed or damaged.
80. Surrender of luxury hire car licence
The holder of a luxury hire car licence may
surrender the licence to the Commission by
causing the licence and any licence number plate
issued in respect of that licence to be delivered
to the Commission during business hours.
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81. Cancellation of accreditation
(1) If the Commission cancels the accreditation of
the holder of a luxury hire car licence in
accordance with Part 2A of the Passenger
Transport Act 1997, the Commission is to, by
notice in writing given to the holder of the
licence, require the holder of the licence to
either -
(a) transfer that licence to another accredited
operator of a luxury hire car service
within the period specified by the
Commission; or
(b) surrender that licence to the Commission.
(2) On receipt of a notice under subsection (1), the
holder of the luxury hire car licence, not later
than the date specified in the notice, must -
(a) transfer the licence to another accredited
operator of a luxury hire car service; or
(b) surrender the licence to the Commission.
(3) If the holder of the luxury hire car licence does
not comply with a requirement of the
Commission given under subsection (1), the
Commission may cancel the licence without
notice.
82. Suspension or cancellation of luxury hire car licence
(1) The Commission, in prescribed circumstances,
may suspend or cancel a luxury hire car licence.
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s. 82 Part 4 - Luxury Hire Car Licences
(2) If the Commission proposes to exercise its
powers under subsection (1), it is to -
(a) give the holder of the luxury hire car
licence notice in writing of its intention
to suspend or cancel the licence; and
(b) give the holder of the licence a
reasonable opportunity to make
representations to the Commission
regarding the proposed suspension or
cancellation; and
(c) take any such representations into
account in exercising its power under this
section.
(3) If the Commission is satisfied on reasonable
grounds that there is an immediate and serious
danger to public safety, the Commission may
suspend or cancel a luxury hire car licence.
(4) Subsection (2) does not apply if the Commission
exercises its powers under subsection (3).
(5) A luxury hire car licence is of no effect during
any period of its suspension.
(6) The holder of a luxury hire car licence that has
been suspended under subsection (1) or (3) must
not operate a luxury hire car service under the
purported authority of that licence or cause or
permit another person to operate a luxury hire
car service under the purported authority of that
licence.
Penalty: Fine not exceeding 100 penalty units.
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83. Delivering-up of luxury hire car licence
The holder of a luxury hire car licence must, if
given notice by the Commission to do so, deliver
up that licence to the Commission at such time
and place as is specified in the notice.
Penalty: Fine not exceeding 20 penalty units.
84. Small passenger vehicle offences
(1) This section applies to a small passenger vehicle
that is not a taxi.
(2) A person must not, for the purpose of carrying
passengers for reward, drive or use a small
passenger vehicle to which this section applies
on a public street, or cause or allow such a
vehicle to be so driven or used on a public street,
other than to provide a limited passenger service,
if a luxury hire car licence is not in force in
respect of that vehicle.
Penalty: Fine not exceeding 100 penalty units.
(3) This section does not apply to a small passenger
vehicle that is exempted from the requirement to
be registered as a public passenger vehicle under
section 9 of the Passenger Transport Act 1997.
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s. 85 Part 5 - Miscellaneous and Supplemental
PART 5 - MISCELLANEOUS AND SUPPLEMENTAL
85. Register of licences
(1) The Commission is to maintain a register of all
licences referred to in this Act.
(2) The particulars to be entered in the register in
relation to a licence are to include the following:
(a) the licence number;
(b) the name and address of the holder of the
licence or, in the case of a perpetual taxi
licence, the owner of the licence;
(c) in the case of a perpetual taxi licence, the
name and address of the responsible
operator if different from the owner of
the licence;
(d) in the case of a taxi licence, the details of
the taxi area to which the licence relates;
(e) any conditions imposed on the licence;
(f) details about the transfer, lapsing,
suspension or cancellation of the licence;
(g) in the case of a wheelchair-accessible
taxi licence or a luxury hire car licence,
the details of the vehicle operating under
the authority of the licence;
(h) in the case of a temporary taxi licence,
the period of the licence and details of
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Part 5 - Miscellaneous and Supplemental s. 86
any conditions or restrictions applicable
to that licence;
(i) the number of any licence number plate
issued in respect of the licence;
(j) any other matters that the Commission
considers appropriate.
(3) The register is not a public register and is not
available for inspection by members of the
public.
(4) The register may be incorporated with a register
kept under the Vehicle and Traffic Act 1999.
86. Effect of licence lapsing or being suspended
Where a licence lapses or is suspended under
this Act -
(a) the holder or owner of the licence is not
relieved from any obligation under this
Act in respect of the lapsed or suspended
licence; and
(b) the Commission is not prevented from
exercising any power that it could
exercise if the licence had not lapsed or
had not been suspended; and
(c) the holder or owner of the licence is not
entitled to be issued with any licence
under this Act until the period of
suspension has ended or the authority to
operate the service provided under the
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s. 87 Part 5 - Miscellaneous and Supplemental
authority of the lapsed licence is
reinstated.
87. Surrender of licence
The holder, or in the case of a perpetual taxi
licence the owner, of a licence that is
surrendered to the Commission in accordance
with this Act is not entitled to any compensation
for the surrender of that licence.
88. Cancelled licence
(1) The holder of a licence that has been cancelled
by the Commission must deliver up that licence
to the Commission at such time and place as the
Commission may require.
(2) The holder of a licence that is cancelled by the
Commission is not entitled to any compensation
for the cancellation of that licence.
89. Licence number plates
(1) The Commission may, in respect of a licence,
issue a licence number plate to the holder of the
licence or, in the case of a perpetual taxi licence,
the owner of the licence.
(2) A licence number plate issued in respect of a
licence may be -
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(a) in such form as the Commission
determines; and
(b) in addition to, or in substitution for, any
other plate, label or form of identification
issued by the Commission in respect of
that licence.
(3) A licence number plate issued under
subsection (1) remains the property of the
Commission.
90. Return of licence number plate to Commission
Where a person surrenders or is required to
deliver up a licence to the Commission, that
person must give the Commission any licence
number plate issued in respect of the licence
within such period as specified by the
Commission by notice in writing given to that
person.
Penalty: Fine not exceeding 20 penalty units.
91. Use of taxis
(1) A taxi driver must not, without lawful excuse,
operate a taxi from a taxi zone that is not within
the taxi area to which the licence number plate
affixed to the taxi relates.
Penalty: Fine not exceeding 50 penalty units.
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s. 92 Part 5 - Miscellaneous and Supplemental
(2) A taxi driver must not, without lawful excuse,
operate a taxi so that a hiring is commenced and
completed wholly outside the taxi area to which
the licence number plate affixed to the taxi
relates.
Penalty: Fine not exceeding 50 penalty units.
(3) A responsible operator must not, without lawful
excuse, permit a taxi to operate from a taxi zone
that is not within the taxi area to which the
licence number plate affixed to the taxi relates.
Penalty: Fine not exceeding 50 penalty units.
(4) A responsible operator must not, without lawful
excuse, permit the use of a taxi so that a hiring is
commenced and completed wholly outside the
taxi area to which the licence number plate
affixed to the taxi relates.
Penalty: Fine not exceeding 50 penalty units.
92. Age of vehicle
For the purposes of this Act, the age of a vehicle
is to be determined by -
(a) the month and year of its compliance
plate; or
(b) if no compliance plate is affixed to the
vehicle, the date of manufacture of the
vehicle recorded in the Register of Motor
Vehicles.
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93. Use of accessible vehicle with standard taxi licence
(1) This section applies to perpetual taxi licences
and owner-operator taxi licences in force in a
taxi area where there is no wheelchair-accessible
taxi licence in force.
(2) The owner of a perpetual taxi licence or, if that
licence is leased, the responsible operator, or the
holder of an owner-operator taxi licence may
apply to the Commission for authorisation to
operate a service equivalent to a wheelchair-
accessible taxi service under that licence and to
charge fares in accordance with the wheelchair-
accessible taxi tariffs.
(3) The Commission may approve the application if
the following conditions are met:
(a) the vehicle is suitable for use as a taxi
and has a current inspection report;
(b) the vehicle complies with the Disability
Standards for Accessible Public
Transport 2002 formulated under section
31(1) of the Disability Discrimination
Act 1992 of the Commonwealth;
(c) any modifications to make the vehicle
wheelchair-accessible do not
significantly alter the original external
appearance of the vehicle;
(d) the vehicle is fitted with a wheelchair
restraint assembly that complies with
AS 2942;
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(e) any hoist or ramp fitted to the vehicle
complies with AS 3856;
(f) the vehicle is fitted with a secondary,
independent emergency-release
mechanism on the wheelchair entry door
that is clearly labelled with the words
"EMERGENCY RELEASE";
(g) the vehicle has an access door adjacent to
each outboard seating position;
(h) the vehicle has adequate luggage space to
the rear of the rearmost seat when the
vehicle is not configured to carry a
passenger seated in a wheelchair.
(4) The Commission is to revoke the authorisation
referred to in subsection (2) if the Commission
issues a wheelchair-accessible taxi licence in that
taxi area.
(5) The Commission is to revoke the authorisation
referred to in subsection (2) if the vehicle ceases
to meet the conditions referred to in
subsection (3).
94. Security cameras
The Commission, by notice published in the
Gazette, may approve a type or make of security
camera for use in taxis.
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95. False or misleading statements
A person must not, in giving any information
under this Act -
(a) make a statement that the person knows,
or reasonably ought to know, is false or
misleading; or
(b) omit any matter from a statement if the
person knows, or reasonably ought to
know, that without that matter the
statement is false or misleading.
Penalty: Fine not exceeding 100 penalty units.
96. Person other than responsible operator must not
provide taxi service
A person who is not the responsible operator of a
taxi service must not provide or offer to provide
a taxi service.
Penalty: Fine not exceeding 100 penalty units.
97. Supply of information to Commission by licence
holders, &c.
(1) The Commission, by notice in writing given to a
person specified in subsection (2), may require
that person to supply the Commission with any
information relating to the operation of the
service provided under the authority of a licence
referred to in subsection (2), or the use of such a
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s. 98 Part 5 - Miscellaneous and Supplemental
licence, that the Commission requires for the
effective administration of this Act.
(2) For the purposes of subsection (1), the following
persons are specified:
(a) the owner of a perpetual taxi licence;
(b) the responsible operator of a perpetual
taxi licence;
(c) the holder of an owner-operator taxi
licence;
(d) the holder of a wheelchair-accessible taxi
licence;
(e) the holder of a luxury hire car licence;
(f) the holder of a temporary taxi licence.
(3) A person to whom a request has been made
under subsection (1) must supply the information
in writing to the Commission within the time
specified by the Commission.
Penalty: Fine not exceeding 50 penalty units.
98. Taxi dispatch services
(1) The Commission, by notice in writing given to
the proprietor or manager of a taxi dispatch
service, may require that person to supply the
Commission with any information relating to the
operation of that service that the Commission
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requires for the effective administration of this
Act.
(2) A person who has been required to supply
information under subsection (1) must supply the
information in writing within the time period
specified by the Commission.
Penalty: Fine not exceeding 50 penalty units.
99. Evidentiary certificates
(1) A certificate signed by the Commission
certifying an entry in the register of licences is
evidence in legal proceedings of facts recorded
in the entry and, in the absence of evidence to
the contrary, as proof of those facts.
(2) A certificate signed by the Commission
certifying any other matter that appears in the
register of licences, or can be deduced or
calculated from information recorded in such a
register, is evidence in legal proceedings of the
matter so certified and, in the absence of
evidence to the contrary, as proof of that matter.
(3) A certificate signed by the Registrar certifying
that a person was or was not the holder of a
driver licence or an ancillary certificate under
the Vehicle and Traffic Act 1999 on a specified
date is admissible in legal proceedings as
evidence of the fact so certified and, in the
absence of evidence to the contrary, as proof of
that fact.
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(4) A certificate signed by the Registrar certifying
that a vehicle was or was not registered under
the Vehicle and Traffic Act 1999 on a specified
date is admissible in legal proceedings as
evidence of the fact so certified and, in the
absence of evidence to the contrary, as proof of
that fact.
(5) A certificate signed by the Registrar or the
Commission certifying an entry in a register kept
under the Vehicle and Traffic Act 1999 is
evidence in legal proceedings of facts recorded
in the entry and, in the absence of evidence to
the contrary, as proof of those facts.
(6) A certificate signed by the Registrar or the
Commission certifying any other matter that
appears in a register kept under the Vehicle and
Traffic Act 1999, or can be deduced or calculated
from information recorded in such a register, is
evidence in legal proceedings of the matter so
certified and, in the absence of evidence to the
contrary, as proof of that matter.
(7) A certificate signed by the Commission
certifying that a person was or was not
accredited under the Passenger Transport Act
1997 on a specified date is admissible in legal
proceedings as evidence of the fact so certified
and, in the absence of evidence to the contrary,
as proof of that fact.
(8) A certificate signed by the Commission
certifying that a vehicle was approved or not
approved for use as a wheelchair-accessible taxi,
a remote area wheelchair-accessible taxi, a
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substitute wheelchair-accessible taxi or a luxury
hire car on a specified date is admissible in legal
proceedings as evidence of the fact so certified
and, in the absence of evidence to the contrary,
as proof of that fact.
100. Service of notices and other documents
A notice or other document is effectively served
or given under this Act if -
(a) in the case of a natural person, it is -
(i) given to the person; or
(ii) left at, or sent by post to, the
address recorded in the register of
licences in relation to that person
or, if the person's name is not
recorded in the register of
licences, left at, or sent by post
to, the address recorded in any
register kept by the Registrar; or
(iii) faxed to the person's fax number;
or
(iv) emailed to the person's email
address; and
(b) in the case of any other person, it is -
(i) left at, or sent by post to, the
address recorded in the register of
licences in relation to that person
or, if the person's name is not
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recorded in the register of
licences, left at, or sent by post
to, the address recorded in any
register kept by the Registrar; or
(ii) faxed to the person's fax number;
or
(iii) emailed to the person's email
address.
101. Regulations
(1) The Governor may make regulations for the
purposes of this Act.
(2) In particular, without limiting the generality of
subsection (1), the regulations be made in
respect of the matters specified in Schedule 5.
(3) The regulations may be made subject to such
conditions, or be made so as to apply differently
to any class of persons according to such factors,
as may be specified in them or according to such
limitations or restrictions, whether as to time or
circumstances or otherwise, as may be so
specified.
(4) The regulations may authorise any matter to be
from time to time determined, applied or
regulated by the Commission or the Registrar.
(5) The regulations may provide that it is an offence,
punishable on summary conviction, for a person
to contravene any of them and may provide in
respect of any such offence for the imposition of
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a fine not exceeding 100 penalty units and, in the
case of a continuing offence, a further fine not
exceeding 5 penalty units for each day during
which the offence continues.
(6) The regulations may contain provisions of a
savings or transitional nature consequent on the
enactment of this Act.
(7) Regulations made under subsection (6) may take
effect on the day on which this Act commences
or a later day as specified in the regulations,
whether the day so specified is before, on or
after the day on which the regulations are made.
102. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990 -
(a) the administration of this Act is assigned
to the Minister for Infrastructure; and
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of
Infrastructure, Energy and Resources.
103. Savings and transitional provisions
(1) A taxi licence in force immediately before the
commencement of Part 3 continues in force on
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that commencement as if it had been issued
under this Act.
(2) A luxury hire car licence in force immediately
before the commencement of Part 4 continues in
force on that commencement as if it had been
issued under this Act.
(3) A licence number plate issued in respect of a taxi
licence in force immediately before the
commencement of Part 3 is, on that
commencement, taken to be a licence number
plate issued in respect of a taxi licence under this
Act.
(4) A distinctive plate issued by the Commission for
the vehicle to which a luxury hire car licence
applies in force immediately before the
commencement of Part 4 is, on that
commencement, taken to be a licence number
plate issued in respect of a luxury hire car
licence under this Act.
(5) A vehicle operated as a luxury hire car
immediately before the commencement of Part 4
under the authority of a luxury hire car licence in
force immediately before the commencement of
Part 4 that does not comply with the criteria
prescribed in the regulations is, on that
commencement, taken to be a luxury hire car for
the purposes of this Act for a period not
exceeding 12 months after the commencement of
that Part.
(6) Any money remaining in the funds for taxi areas
established under sections 13 and 14 of the
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repealed Act and any money remaining in the
general administration fund established under
section 15 of the repealed Act is, on the
commencement of Part 2, transferred to the
general administration fund established under
this Act.
104. Legislation repealed
The legislation specified in Schedule 6 is
repealed.
105. Legislation rescinded
The legislation specified in Schedule 7 is
rescinded.
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SCHEDULE 1 - CRITERIA FOR WHEELCHAIR-
ACCESSIBLE TAXIS, REMOTE AREA
WHEELCHAIR-ACCESSIBLE TAXIS AND
SUBSTITUTE WHEELCHAIR-ACCESSIBLE TAXIS
Section 3
1. Criteria
(1) The Commission may approve a vehicle for use
as a wheelchair-accessible taxi, a remote area
wheelchair-accessible taxi or a substitute
wheelchair-accessible taxi if -
(a) the vehicle is a small passenger vehicle;
and
(b) the vehicle complies with the Disability
Standards for Accessible Public
Transport 2002 formulated under section
31(1) of the Disability Discrimination
Act 1992 of the Commonwealth; and
(c) any modifications to make the vehicle
wheelchair-accessible do not
significantly alter the original external
appearance of the vehicle; and
(d) the vehicle is fitted with a wheelchair
restraint assembly that complies with
AS 2942; and
(e) any hoist or ramp fitted to the vehicle
complies with AS 3856; and
(f) the vehicle is fitted with a secondary,
independent emergency-release
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mechanism on the wheelchair entry door
that is clearly labelled with the words
"EMERGENCY RELEASE"; and
(g) the vehicle has an access door adjacent to
each outboard seating position; and
(h) the vehicle has adequate luggage space to
the rear of the rearmost seat when the
vehicle is not configured to carry a
passenger seated in a wheelchair; and
(i) in the case of -
(i) a remote area wheelchair-
accessible taxi or a substitute
wheelchair-accessible taxi, the
vehicle at the time of approval for
use as a remote area wheelchair-
accessible taxi or a substitute
wheelchair-accessible taxi is not
more than 7 years old; or
(ii) a wheelchair-accessible taxi, the
vehicle at the time of approval for
use as a wheelchair-accessible
taxi is not more than 12 months
old and has an odometer reading
of less than 1 000 kilometres.
(2) The Commission may approve a vehicle that is
more than 12 months old and less than 10 years
old for use as a wheelchair-accessible taxi if the
Commission has previously approved that
vehicle for use as a wheelchair-accessible taxi.
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(3) The Commission may approve a vehicle that is
more than 7 years old and less than 10 years old
for use as a substitute wheelchair-accessible taxi
or a remote area wheelchair-accessible taxi if the
Commission has previously approved that
vehicle for use as a wheelchair-accessible taxi, a
substitute wheelchair-accessible taxi or a remote
area wheelchair-accessible taxi.
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SCHEDULE 2 - REMOTE TAXI AREAS
Section 3
1. The following taxi areas are remote taxi areas for
the purposes of this Act:
(a) Break O'Day taxi area;
(b) Bruny Island taxi area;
(c) Central Highlands taxi area;
(d) Circular Head taxi area;
(e) Dorset taxi area;
(f) Flinders Island taxi area;
(g) Glamorgan/Spring Bay North taxi area;
(h) Glamorgan/Spring Bay South taxi area;
(i) Huon Valley taxi area;
(j) Kentish taxi area;
(k) King Island taxi area;
(l) Meander Valley taxi area;
(m) Tasman Peninsula taxi area;
(n) West Coast taxi area.
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SCHEDULE 3 - RESERVE PRICES FOR OWNER-
OPERATOR TAXI LICENCES
Section 3
1. The reserve prices for owner-operator taxi
licences in taxi areas are as follows:
(a) Hobart taxi area $60 000
(b) Launceston taxi area $35 000
(c) Burnie taxi area $23 000
(d) Devonport taxi area $23 000
(e) Ulverstone taxi area $17 250
(f) George Town taxi area $12 500
(g) Perth taxi area $12 500
(h) West Tamar taxi area $12 500
(i) Meander Valley taxi area $12 500
(j) Circular Head taxi area $11 250
(k) Break O'Day taxi area $10 800
(l) New Norfolk taxi area $10 800
(m) Huon Valley taxi area $7 500
(n) Glamorgan/Spring Bay North $3 750
taxi area
(o) Kentish taxi area $3 750
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(p) Penguin taxi area $3 750
(q) Tasman taxi area $3 750
(r) Dorset taxi area $2 250
(s) Glamorgan/Spring Bay South $1 875
taxi area
(t) Bruny Island taxi area $1 000
(u) Central Highlands taxi area $1 000
(v) Flinders Island taxi area $1 000
(w) King Island taxi area $1 000
(x) West Coast taxi area $1 000
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SCHEDULE 4 - TAXI AREAS
Section 3
1. Hobart taxi area -
(a) the municipal area of Hobart,
Glenorchy and Clarence; and
(b) the municipal area of Brighton; and
(c) the towns of -
(i) Blackmans Bay; and
(ii) Dodges Ferry; and
(iii) Kingston; and
(iv) Lewisham; and
(v) Margate; and
(vi) Midway Point; and
(vii) Pontville; and
(viii) Sorell; and
(ix) Taroona.
2. Launceston taxi area
(a) the municipal area of Launceston; and
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(b) that part of the municipal areas of West
Tamar, Meander Valley and Northern
Midlands which is situated within a
radius of 14 kilometres of 68 Cameron
Street, Launceston, including
Launceston Airport.
3. Burnie taxi area
The municipal area of Burnie and the
municipal area of Waratah-Wynyard.
4. Break O'Day taxi area
The municipal area of Break O'Day.
5. Bruny Island taxi area
The whole of Bruny Island.
6. Central Highlands taxi area
The municipal area of Central Highlands.
7. Circular Head taxi area
The municipal area of Circular Head.
8. Devonport taxi area
The municipal area of Devonport and the
municipal area of Latrobe.
9. Dorset taxi area
The municipal area of Dorset.
10. Flinders Island taxi area
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The municipal area of Flinders.
11. George Town taxi area
The municipal area of George Town.
12. Glamorgan/Spring Bay North taxi area
That part of the municipal area of
Glamorgan/Spring Bay north of the Little
Swanport River.
13. Glamorgan/Spring Bay South taxi area
That part of the municipal area of
Glamorgan/Spring Bay south of the Little
Swanport River.
14. Huon Valley taxi area
The municipal area of Huon Valley.
15. Kentish taxi area
The municipal area of Kentish.
16. King Island taxi area
The municipal area of King Island.
17. Meander Valley taxi area
That part of the municipal area of Meander
Valley west of a north-south line drawn
through the junction of the Exton Road and the
Meander Valley Road.
18. New Norfolk taxi area
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The municipal area of Derwent Valley.
19. Penguin taxi area
That part of the municipal area of Central
Coast west of the Leven River to Allison
Bridge and west of a straight line from Allison
Bridge to the Three Sisters.
20. Perth taxi area
(a) that part of the municipal area of
Northern Midlands north of the
Powranna and Deddington Roads, and
north of a line between those roads,
and that part of the municipal area of
Meander Valley east of an
approximately north-south line drawn
through the junction of Exton Road
and the Meander Valley Road; and
(b) that part of the municipal area of
Launceston west of an approximately
north-south line drawn through the
junction of Trotters Lane and Westbury
Road and south of an approximately
east-west line drawn through that
junction.
21. Tasman taxi area
The municipal area of Tasman.
22. Ulverstone taxi area
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That part of the municipal area of Central
Coast east of the Leven River to Allison
Bridge and east of a straight line from Allison
Bridge to the Three Sisters.
23. West Coast taxi area
The municipal area of West Coast.
24. West Tamar taxi area
The municipal area of West Tamar.
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SCHEDULE 5 - MATTERS IN RESPECT OF WHICH
REGULATIONS MAY BE MADE
Section 101
1. Matters to which regulations may apply
The regulations may -
(a) prescribe fees to be paid on application
for and on the issue of taxi licences and
luxury hire car licences (including
replacement taxi licences and
replacement luxury hire car licences) and
annually for perpetual taxi licences,
owner-operator taxi licences, wheelchair-
accessible taxi licences and luxury hire
car licences; and
(b) provide for registration of holders of
licences; and
(c) prescribe classes of vehicles for the
purposes of this Act; and
(d) prescribe vehicle specifications for
vehicles that may be used as taxis or
luxury hire cars under this Act; and
(e) prescribe conditions which may be
imposed on the owner or responsible
operator of a perpetual taxi licence; and
(f) prohibit the multiple hiring of taxi
services; and
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(g) regulate circumstances under which a
taxi driver or luxury hire car driver may
refuse to accept a passenger or terminate
a hiring; and
(h) provide for the calculation of fares and
charges and the operation of fare
schedules; and
(i) provide for equipment required to be
carried on or installed in a taxi or luxury
hire car and also provide for the
installation, operation, examination and
testing of that equipment and retrieval of
information from that equipment; and
(j) prohibit the use of certain equipment
from being carried on or within a taxi or
luxury hire car; and
(k) provide for notices, labels, licence
number plates and other material which
are to be carried or displayed in or on
taxis or luxury hire cars; and
(l) prescribe fees to be paid on the issue of
notices, labels, licence number plates or
other material which are to be carried or
displayed in or on taxis or luxury hire
cars; and
(m) prohibit the display of certain notices and
material in or on taxis and luxury hire
cars or on the driver of a taxi or luxury
hire car; and
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(n) provide for the health of the passengers
and the safety of taxi services and luxury
hire car services; and
(o) prescribe procedural requirements and
other matters for the purposes of Part 3
not otherwise dealt with in this Schedule
and generally provide for the
administration and control of taxi
licences; and
(p) prescribe procedural requirements and
other matters for the purposes of Part 4
and generally provide for the
administration and control of luxury hire
car licences; and
(q) provide for the appointment of persons
responsible for -
(i) the installation, maintenance and
testing of equipment required by
the Commission to be carried on
or installed in a taxi or luxury
hire car; or
(ii) the retrieval of information from
the equipment referred to in
subparagraph (i); and
(r) provide for the fees to be paid by persons
referred to in paragraph (q); and
(s) prescribe circumstances in which owner-
operator taxi licences, wheelchair-
accessible taxi licences and luxury hire
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car licences may be suspended or
cancelled; and
(t) provide for subsidies to be payable to
holders of wheelchair-accessible taxi
licences; and
(u) prescribe the minimum service levels,
quotas and other performance targets for
taxis; and
(v) provide for the keeping and production
of records; and
(w) provide for the management of lost
property in taxis and luxury hire cars;
and
(x) make provision for or relating to the
conduct, behaviour, rights,
responsibilities and obligations of
responsible operators and taxi drivers in
providing taxi services; and
(y) make provision for or relating to the
conduct, behaviour, rights,
responsibilities and obligations of
holders of luxury hire car licences and
luxury hire car drivers in providing
luxury hire car services; and
(z) prescribe service standards in respect of
customers including compliance with
human rights legislation; and
(za) make provision for or relating to the
conduct, behaviour, rights,
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responsibilities and obligations of
passengers in taxis and luxury hire cars.
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SCHEDULE 6 - LEGISLATION REPEALED
Section 104
Taxi and Luxury Hire Car Industries Act 1995 (No. 27 of
1995)
Taxi and Luxury Hire Car Industries Reform Act 1999 (No. 97
of 1999)
Taxi and Luxury Hire Car Industries Amendment Act 2003
(No. 82 of 2003)
Taxi and Luxury Hire Car Industries Amendment Act 2007
(No. 61 of 2007)
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SCHEDULE 7 - LEGISLATION RESCINDED
Section 105
Taxi Industry Regulations 1996 (No. 198 of 1996)
Taxi Industry (Taxi Areas) Regulations 1996 (No. 199 of
1996)
Taxi Industry Amendment Regulations 1997 (No. 194 of 1997)
Taxi Industry (Taxi Areas) Amendment Regulations 1997 (No.
195 of 1997)
Taxi Industry Amendment (Extension) Regulations 1998 (No.
88 of 1998)
Taxi Industry Amendment (Extension) Regulations 1999 (No.
21 of 1999)
Taxi Industry Amendment (Public Vehicles Reform)
Regulations 2000 (No. 69 of 2000)
Taxi Industry (Taxi Areas) Amendment Regulations 2000 (No.
70 of 2000)
Taxi Industry Amendment (Fares) Regulations 2000 (No. 96 of
2000)
Taxi Industry Amendment (Fares) Regulations (No. 2) 2000
(No. 248 of 2000)
Taxi Industry Amendment Regulations 2001 (No. 53 of 2001)
Taxi Industry Amendment (Fares) Regulations 2002 (No. 25 of
2002)
Taxi Industry Amendment (Fares) Regulations 2003 (No. 69 of
2003)
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Taxi Industry Amendment Regulations 2003 (No. 100 of 2003)
Taxi Industry Amendment Regulations 2004 (No. 15 of 2004)
Taxi Industry (Taxi Areas) Amendment Regulations 2004 (No.
16 of 2004)
Taxi Industry Amendment (Security Cameras) Regulations
2004 (No. 21 of 2004)
Taxi Industry Amendment (Wheelchair-accessible Taxis)
Regulations 2004 (No. 60 of 2004)
Taxi Industry (Taxi Areas) Amendment Regulations (No. 2)
2004 (No. 61 of 2004)
Taxi Industry Amendment (Fares and Charges) Regulations
2004 (No. 107 of 2004)
Taxi Industry Amendment Regulations 2005 (No. 89 of 2005)
Taxi Industry Amendment (Number-plates and Labels)
Regulations 2005 (No. 114 of 2005)
Taxi Industry Amendment (Fares) Regulations 2005 (No. 117
of 2005)
Taxi Industry Amendment Regulations (No. 2) 2005 (No. 130
of 2005)
Taxi Industry Amendment Regulations 2006 (No. 119 of 2006)
Taxi Industry (Taxi Areas) Amendment Regulations 2007 (No.
11 of 2007)
Taxi Industry Amendment (Fares) Regulations 2007 (No. 25 of
2007)
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Taxi Industry Amendment (Wheelchair-Accessible Taxi
Licences) Regulations 2007 (No. 96 of 2007)
Government Printer, Tasmania 107