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TAXI AND LUXURY HIRE CAR INDUSTRIES AMENDMENT BILL 2009
CLAUSE NOTES
Clause 1 Short title and citation.
Clause 2 The Act commences on a day to be proclaimed.
Clause 3 The Taxi and Luxury Hire Car Industries Act 2008 is the
Principal Act for the purposes of this Act.
Clause 4 Amends section 22 of the Principal Act by clarifying that the
Transport Commission may impose conditions on an owner-
operator taxi licence at the time that licence is issued, without
having to seek representations from the applicant for the licence.
Clause 5 Amends section 24 of the Principal Act by clarifying that an
applicant for an owner-operator taxi licence must be the
registered operator of a vehicle that is suitable for use as a taxi
before the application can be approved. The requirements for a
vehicle to be used as a taxi are to be prescribed by the
regulations.
Clause 6 Amends section 28 of the Principal Act by clarifying that the
section applies only to the imposition of conditions on owner-
operator taxi licences that are already on issue. Under this
section of the Act the Commission is required to give the holder
of the licence notice of its intention to impose, vary or revoke
licence conditions. It must also allow the holder of the licence a
reasonable opportunity to make representations regarding the
proposed conditions, variation or revocation and to take any
such representations into account in exercising its power under
the section.
Clause 7 Amends section 40 of the Principal Act by clarifying that the
Transport Commission may impose conditions on a wheelchair
accessible taxi licence at the time that licence is issued, without
having to seek representations from the applicant for the licence.
Clause 8 Amends section 46 of the Principal Act by clarifying that the
section applies only to the imposition of conditions on
wheelchair-accessible taxi licences that are already on issue.
Under this section of the Act the Commission is required to give
the holder of the licence notice of its intention to impose, vary or
revoke licence conditions. It must also allow the holder of the
licence a reasonable opportunity to make representations
regarding the proposed conditions, variation or revocation and to
take any such representations into account in exercising its
power under the section.
Clause 9 Amends section 68 of the Principal Act by clarifying that the
Transport Commission may impose conditions on a luxury hire
car licence at the time that licence is issued, without having to
seek representations from the applicant for the licence.
Clause 10 Amends section 74 of the Principal Act by clarifying that the
section applies only to the imposition of conditions on luxury hire
car licences that are already on issue. Under this section of the
Act the Commission is required to give the holder of the licence
notice of its intention to impose, vary or revoke licence
conditions. It must also allow the holder of the licence a
reasonable opportunity to make representations regarding the
proposed conditions, variation or revocation and to take any
such representations into account in exercising its power under
the section.
Clause 11 Provides for regulations to be made that allow for the review of
administrative decisions of the Commission made under the
Principal Act or the regulations.
Clause 12 Clause 12 is a standard provision to be included in all
Amendment Bills, the effect of which is to automatically repeal
the Amendment Act after 90 days from the date of its
commencement. This will make it unnecessary for the
Government to periodically introduce a Legislation Repeal Act to
repeal Amendment Acts, as once the amendments are
incorporated into the Principal Act, the Amendment Act serves
no practical purpose.