Victorian Numbered Acts Victorian Numbered ActsAfter Division 2 of Part 5 of the Transport Integration Act 2010 insert —
In this Division—
"additional Commissioner "means a person appointed as an additional Commissioner under section 115I(2);
"Chairperson" means the person appointed as Chairperson under section 115I(1);
"Commission" means the Taxi Services Commission;
"Commissioner" means—
(a) the Chairperson; or
(b) an additional Commissioner.
(1) The Taxi Services Commission is established.
(2) The Commission—
(a) is a body corporate with perpetual succession;
(b) has an official seal;
(c) may sue and be sued;
(d) may acquire, hold and dispose of real and personal property;
(e) may do and suffer all acts and things that a body corporate may by law do and suffer.
(1) The official seal of the Commission must—
(a) be kept in such custody as the Commission directs;
(b) not be used except as authorised by the Commission.
(2) All courts must take judicial notice of the official seal of the Commission affixed to any document.
In performing its function and exercising its powers, the Commission represents the Crown.
The object of the Commission is to, consistently with the vision statement and the transport system objectives—
(a) pursue and promote major and enduring improvements in the following things—
(i) the provision and accessibility of services in the commercial passenger vehicle industry;
(ii) competition in the commercial passenger vehicle industry;
(iii) innovation in the commercial passenger vehicle industry, including in the business structures, service delivery models, policies and procedures in the industry;
(iv) the safety of passengers and drivers of commercial passenger vehicles;
(b) promote public confidence in the safety of the commercial passenger vehicle industry.
(1) The function of the Commission is to fulfil its object by, in accordance with Division 9A of Part VI of the Transport (Compliance and Miscellaneous) Act 1983 —
(a) conducting an inquiry into—
(i) the structure, conduct, performance and regulation of the commercial passenger vehicle industry; and
(ii) ancillary matters related to the provision of commercial passenger vehicle services; and
Example
The provision of electronic and other payment systems for the payment of fares and charges is an ancillary matter.
(b) reporting on the outcome of the inquiry, including making recommendations about how the commercial passenger vehicle industry should be structured and regulated.
(2) In performing its function, the Commission must have regard to the desirability of—
(a) raising the standard of customer service in the commercial passenger vehicle industry;
(b) integrating the commercial passenger vehicle industry with other forms of public transport;
(c) improving efficiency in the commercial passenger vehicle industry;
(d) providing education and training to drivers of commercial passenger vehicles;
(e) ensuring that the commercial passenger vehicle industry is regulated under a performance-based regulatory framework;
(f) improving the financial viability of the commercial passenger vehicle industry;
(g) alternative regulatory frameworks and the potential costs (including externalities) and benefits of those frameworks;
(h) any regulatory framework that is recommended being consistent with relevant health, safety, environmental and social requirements applying to the commercial passenger vehicle industry;
(i) achieving consistency in the regulation of the commercial passenger vehicle industry between States and on a national basis;
(j) reducing obstacles that prevent people from using commercial passenger vehicle services;
(k) improving the quality of commercial passenger vehicle services at State borders;
(l) promoting environmentally sustainable practices in the commercial passenger vehicle industry.
(1) The Commission has power to do all things that are necessary or convenient to be done for or in connection with, or as incidental to, the achievement of the object of the Commission and the performance of its function.
(2) Without limiting the generality of subsection (1), the Commission may—
(a) enter into any agreement or contract;
(b) enter into any lease or licence;
(c) participate in the formation of a corporation, trust, partnership or other body;
(d) subscribe for or otherwise acquire, and hold and dispose of, shares in, or debentures or other securities of, a corporation;
(e) become a member of a company limited by guarantee;
(f) subscribe for or otherwise acquire, and hold and dispose of, units in a trust;
(g) acquire, and hold and dispose of, an interest in a partnership or other body;
(h) enter into partnership or into any arrangement for sharing of profits, union of interest, co-operation, joint venture, reciprocal concession or otherwise, with any person or body carrying on or engaged in, or about to carry on or engage in, any business or transaction relating to, or connected with, the function of the Commission;
(i) make any land or other property vested or managed by the Commission or any person employed by the Commission available for use or engagement by any other person;
(j) acquire (whether by creation, lease, licence, receiving the assignment or grant of, or otherwise), hold, accept as a security, or otherwise deal with, any intellectual property right (for example, a trademark, patent, design, copyright (including an associated moral right), plant breeder's right, circuit layout right, trade secret, or right arising from confidential information);
(k) assign, grant, lease, license,
sell, mortgage, use as a security, or otherwise encumber or dispose of, any
intellectual property right;
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(l) seek any remedy in relation to, or do anything necessary to enforce, protect, maintain, register or exploit, any intellectual property right;
(m) seek any remedy in relation to, or do anything necessary to enforce, protect, maintain or exploit any Crown copyright;
(n) engage consultants, contractors or agents;
(o) act as an agent of another person.
(3) Without limiting the generality of subsection (1), the Commission may exercise the powers conferred on the Commission by any other Act or regulations made under any other Act.
(4) The generality of this section is not limited by any other provision of this Act or any other Act which confers a power on the Commission.
(1) The Commission consists of—
(a) the Chairperson; and
(b) such number of additional Commissioners as the Minister considers necessary to enable the Commission to perform its function (if any).
(2) The number of additional Commissioners must not exceed 2.
(1) The Minister may appoint a qualified person as Chairperson on a full-time or part-time basis.
(2) The Minister may appoint a qualified person as an additional Commissioner on a full-time or part-time basis.
(3) A Commissioner is appointed on the terms and conditions (including remuneration and allowances) that are specified in the instrument of appointment.
(4) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a Commissioner in respect of his or her office as Commissioner.
(5) In this section—
"qualified person" means a person who is qualified for appointment as Chairperson or as an additional Commissioner (as the case requires) because of his or her knowledge of, or experience in, one or more fields of industry, commerce, economics, the transport sector, law or public administration.
Note
The Commissioners cease to hold office on the day on which section 121 of the Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011 comes into operation.
(1) The Minister may appoint a qualified person to act in the office of Chairperson—
(a) during a vacancy in that office; or
(b) during a period or during all periods when the person holding that office is absent from duty or is, for any reason, unable to perform the duties of that office.
(2) The Minister may specify in the instrument of appointment that the appointment has effect only in certain circumstances.
(3) An appointment under subsection (1) is for the period, not exceeding 6 months, that is specified in the instrument of appointment.
(4) While a person is acting in the office of Chairperson in accordance with this section, the person—
(a) has, and may exercise, all the powers and must perform all the duties of that office under this Act or any other Act; and
(b) is entitled to be paid the remuneration and allowances that are specified in the instrument of appointment.
(5) If the office of Chairperson becomes vacant while a person is acting in the office of Chairperson in accordance with subsection (1)(b), the person must stop acting in that office on the earliest of the following days—
(a) the day on which the Minister directs the person to stop acting in the office;
(b) the day on which the vacancy is filled;
(c) the day 6 months after the day on which the vacancy occurred.
(6) In this section—
"qualified person" means a person who is qualified for appointment as acting Chairperson because of his or her knowledge of, or experience in, one or more fields of industry, commerce, economics, the transport sector, law or public administration.
Note
An appointment made under this section which is still in force on the day on which section 121 of the Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011 comes into operation is terminated on that day.
(1) This section applies if a Commissioner has a pecuniary interest that is—
(a) an interest in a matter that is the subject of the inquiry referred to in section 115F(1); and
(b) not as a result of the supply of goods or services that are available to members of the public on the same terms and conditions.
(2) The Commissioner must declare the pecuniary interest to the Minister immediately after the Commissioner becomes aware of the interest.
(3) A failure to comply with this section does not affect the validity of any act or decision of the Commission or a Commissioner.
(1) The office of a Commissioner becomes vacant if the Commissioner—
(a) becomes an insolvent under administration; or
(b) is convicted of an indictable offence (or an offence that, if committed in Victoria, would be an indictable offence); or
(c) nominates for election as a member of the Parliament of any jurisdiction.
(2) A Commissioner may resign by notice in writing delivered to the Minister.
(3) The Minister may at any time remove a Commissioner or an acting Chairperson from office.
(4) Without limiting subsection (3), the Minister may remove a Commissioner if the Minister considers that the Commissioner—
(a) is guilty of improper conduct in carrying out the duties of his or her office; or
(b) becomes mentally or physically incapable of satisfactorily carrying out the duties of his or her office; or
(c) has a pecuniary interest to which section 115K applies (whether or not the Commissioner has declared the interest in accordance with that section).
Note
The Commissioners cease to hold office on the day on which section 121 of the Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011 comes into operation.
(1) An act or decision of the Commission is not invalid merely because of—
(a) a defect or irregularity in, or in connection with, the appointment of a member; or
(b) a vacancy in the membership of the Commission.
(2) Anything done by or in relation to a member purporting to act as Chairperson is not invalid merely because—
(a) there was a defect or irregularity in relation to the acting appointment; or
(b) the occasion for the person to act had not arisen or had ceased.
(1) The Chairperson must convene as many meetings of the Commission as he or she considers is necessary for the efficient conduct of its affairs.
(2) The Chairperson must preside at a meeting of the Commission.
(3) The quorum for a meeting of the Commission is—
(a) a majority of the Commissioners in office for the time being; or
(b) if the Commission consists of the Chairperson and one additional Commissioner—both the Chairperson and the additional Commissioner.
(4) The Chairperson must ensure that accurate minutes are kept of a meeting.
(5) The Chairperson may permit Commissioners to participate in a particular meeting, or all meetings, by telephone, closed-circuit television or other means of communication that does not require the physical presence of each Commissioner in the same room.
(6) Subject to this Act, the Commission may regulate its own procedure.
(7) This section does not apply if the Commission consists only of the Chairperson.
(1) A question arising at a meeting of the Commission is determined by a majority of the votes of the Commissioners present and voting on the question.
(2) The Chairperson has—
(a) a deliberative vote; and
(b) in the event of an equality of votes on any question, a second or casting vote.
The Secretary and the Director of Public Transport may, if requested to by the Commission, give the Commission such reasonable assistance as is necessary to assist the Commission in carrying out its function.
The Commission may also perform its function and exercise its powers outside Victoria and outside Australia.
(1) Any employees that are necessary to enable the Commission to perform its function may be employed under Part 3 of the Public Administration Act 2004 .
(2) The Commission may enter into agreements or arrangements for the use of the services of any staff of a Department, statutory authority or other public body.
(3) The staff structure of the Commission must be determined by the Chairperson having regard to the Commission's budget.
(1) A Commissioner or any employee is not personally liable for anything done or omitted to be done in good faith—
(a) in the exercise of a power or the performance of a function under, or in connection with, this Act, the regulations, any other Act or regulations made under any other Act; or
(b) in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function under, or in connection with, this Act, the regulations, any other Act or regulations made under any other Act.
(2) Any liability resulting from an act or omission that would but for subsection (1) attach to a person referred to in that subsection attaches instead to the Commission.
(1) Subject to subsection (3), the Commission by instrument may delegate any power, duty or function of the Commission under any Act or regulations to—
(a) a Commissioner; or
(b) a person engaged to work for the Commission.
(2) A delegation under this section may be made—
(a) in relation to a person or class of persons specified in the instrument of delegation; or
(b) in relation to the holder, or the holder from time to time, of an office specified, or of each office in a class of offices specified, in the instrument of delegation.
(3) The Commission must not delegate—
(a) the power of delegation provided by subsection (1); or
(b) the preparation of a report in accordance with the Transport (Compliance and Miscellaneous) Act 1983 .".