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Passenger Transport Amendment (Accreditation Status and
Validation of Actions) Bill 2011
Clause Notes
Clause 1 Short title and citation.
Clause 2 This Act is taken to have commenced on 27 June 2000
which has the effect of retrospectively repealing the
provisions of the Passenger Transport Act 1997 (PTA)
listed in this Act. The 27th of June 2000 is the day
immediately after the PTA commenced (see SR 2000, N0
62). The commencement date for the PTA occurred after
the insertion of Part 2A (of which the accreditation
renewal provisions form part) on 15 December 1999 (see
Act 95 of 1999).
Passenger Transport Amendment (Accreditation Status and Validation of Actions) Bill
2011
Clause Notes
Clause 3 In this Act the Principal Act is the Passenger Transport
Act 1997.
Clause 4 This clauses amends section 16H(2) of the Principal Act
by changing the words so that it will now read:
"Except as provided by this Part, accreditation is ongoing
unless it is forfeited or surrendered."
Clause 5 Amends section 16I(1) of the Principal Act by omitting
paragraph (b)
Paragraph (b) reads "the period of accreditation; and"
Clause 6 Repeals sections 16L and 16M of the Principal Act which
specify the process for renewal of accreditation and the
process for processing late applications for renewal. This
is necessary because of the amendment to section
16H(2), which makes accreditation ongoing unless
forfeited or suspended. As a result of the amendment to
section 16H(2), there is no need for a renewal process.
Clause 7 Specifies that section 16P(3) of the Principal Act is
amended by omitting "except for the purposes of renewal
under section 16L".
Paragraph 16P(3) will now read "Accreditation is not valid
while it is suspended."
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Passenger Transport Amendment (Accreditation Status and Validation of Actions) Bill
2011
Clause Notes
Clause 8 This clauses amends section 16Q(1) of the Principal Act,
which allows the Commission to vary conditions of
accreditation, by changing the words so that it will now
read:
"The Commission may, at any time - "
This amendment is necessary to reflect the amendment
to section 16H(2).
Clause 9(1) Validates any delegation made by the Transport
Commission to any person by confirming that the
instrument of delegation is taken to have been validly
made and executed.
Clause 9(2) Validates any action taken by a person under the
authority of a delegation made or purportedly made by the
Transport Commission.
Clause 9(3) Validates actions that may have been taken by
employees of the Department under section 16P of the
PTA to suspend or cancel the accreditation of an operator
of a public passenger service or hire and drive service by
confirming that these actions are taken to have been
authorised by the Commission (in whom the power to
suspend or cancel accreditation is vested under section
16P).
Clause 9(4) Removes any right of action that may have arisen in
relation to an action being taken by a person referred to in
sub-clauses (2) and (3).
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Passenger Transport Amendment (Accreditation Status and Validation of Actions) Bill
2011
Clause Notes
Clause 9(5) Defines the terms `hire and drive service', `prescribed
person' and `public passenger service'.
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