AustLII Tasmanian Numbered Regulations

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TAXI AND HIRE VEHICLE INDUSTRIES (REVIEW OF DECISIONS) REGULATIONS 2019 (S.R. 2019, NO. 73) - SCHEDULE 1

- Administrative decisions

SCHEDULE 1 - Administrative decisions

Regulation 3

PART 1 - Administrative decisions under the Act

Column 1

Column 2 – Decision of Commission

Column 3 – Section

Column 4 – Eligible person

1. 

To determine that a particular passenger transport service is not a tour

Section 3A(2)

The operator of the passenger transport service

2. 

To declare a perpetual taxi licence inactive

Section 20(1)(b)

The licence owner

3. 

To refuse an application for an owner-operator taxi licence (when not satisfied that applicant would be the operator of the service)

Section 24(3)

The licence applicant

4. 

To cancel an owner-operator taxi licence (when satisfied licence holder has entered into an agreement purporting to lease the licence to another person or purporting to permit another person to operate a taxi service under the licence)

Section 27(2)

The licence holder

5. 

To impose conditions on an owner-operator taxi licence

Section 28(1)(a)

The licence holder

6. 

To vary or revoke conditions of an owner-operator taxi licence

Section 28(1)(b)

The licence holder

7. 

To refuse the transfer of an owner-operator taxi licence to another person (when Commission reasonably believes proposed transferee would not be operator of service)

Section 31(3)

The licence holder

8. 

To refuse the transfer of an owner-operator taxi licence (when licence lapsed, under a section 36 suspension or subject to a section 36 notice of intention to suspend or cancel)

Section 31(4)

The licence holder

9. 

To declare an owner-operator taxi licence inactive

Section 34(2)(b)

The licence holder

10. 

To suspend an owner-operator taxi licence (excluding decision to suspend licence in prescribed circumstances set out in regulation 10(c) or (d) of the Taxi Industry Regulations 2018 )

Section 36(1)

The licence holder

11. 

To cancel an owner-operator taxi licence (excluding decision to cancel licence in prescribed circumstance set out in regulation 11(d) of the Taxi Industry Regulations 2018 )

Section 36(1)

The licence holder

12. 

To suspend or cancel an owner-operator taxi licence (when satisfied there is an immediate and serious danger to public safety)

Section 36(3)

The licence holder

13. 

To refuse an application for a wheelchair-accessible taxi licence (when not satisfied that applicant would be operator of service)

Section 41(4)

The licence applicant

14. 

To cancel a wheelchair-accessible taxi licence (when satisfied licence holder has entered into an agreement purporting to lease the licence to another person or purporting to permit another person to operate a taxi service under the licence)

Section 44(2)

The licence holder

15. 

To impose conditions on a wheelchair-accessible taxi licence

Section 46(1)(a)

The licence holder

16. 

To vary or revoke conditions imposed on a wheelchair-accessible taxi licence

Section 46(1)(b)

The licence holder

17. 

To refuse the transfer of a wheelchair-accessible taxi licence to another person (when reasonably believes proposed transferee would not be operator of service)

Section 49(3)(a)

The licence holder

18. 

To refuse the transfer of a wheelchair-accessible taxi licence to another person (when licence lapsed or under a section 55 suspension or subject to a section 55 notice to suspend or cancel)

Section 49(4)

The licence holder

19. 

To refuse the transfer of a wheelchair-accessible taxi licence to another vehicle

Section 50(3)

The licence holder

20. 

To refuse to transfer a wheelchair-accessible taxi licence to a substitute wheelchair-accessible taxi

Section 51(3)

The licence holder

21. 

Not to extend the period of time for which a substitute wheelchair-accessible taxi may operate under a wheelchair-accessible taxi licence

Section 51(5)

The licence holder

22. 

To suspend a wheelchair-accessible taxi licence (excluding decision to suspend licence in prescribed circumstances set out in regulation 12(c) , (d) , (e) or (f) of the Taxi Industry Regulations 2018 )

Section 55(1)

The licence holder

23. 

To cancel a wheelchair-accessible taxi licence (excluding decision to cancel licence in prescribed circumstance set out in regulation 13(i) of the Taxi Industry Regulations 2018 )

Section 55(1)

The licence holder

24. 

To suspend or cancel a wheelchair-accessible taxi licence (when satisfied there is an immediate and serious danger to public safety)

Section 55(3)

The licence holder

25. 

To refuse an application for a luxury hire car licence (when not satisfied the applicant would be operator of the service)

Section 69(3)

The licence applicant

26. 

To cancel a luxury hire car licence (when satisfied licence holder has entered into an agreement purporting to lease the licence to another person or purporting to permit another person to operate a luxury hire car service under the licence)

Section 72(2)

The licence holder

27. 

Not to approve a vehicle for use as a luxury hire car

Section 73(1)

The registered operator of the vehicle

28. 

To impose conditions on a luxury hire car licence

Section 74(1)(a)

The licence holder

29. 

To vary or revoke conditions imposed on a luxury hire car licence

Section 74(1)(b)

The licence holder

30. 

To refuse the transfer of a luxury hire car licence to another person (when reasonably believes proposed transferee would not be operator of the luxury hire car service)

Section 77(3)(a)

The licence holder

31. 

To refuse the transfer of a luxury hire car licence to another person (when licence lapsed or under a section 82 suspension or subject to a section 82 notice to suspend or cancel)

Section 77(4)

The licence holder

32. 

To refuse the transfer of a luxury hire car licence to another vehicle

Section 78(3)

The licence holder

33. 

To suspend a luxury hire car licence (excluding decision to suspend a licence in prescribed circumstances set out in regulation 6(c) , (d) or (e) of the Luxury Hire Car Industry Regulations 2018 )

Section 82(1)

The licence holder

34. 

To cancel a luxury hire car licence (excluding decision to cancel licence in prescribed circumstance set out in regulation 7(e) of the Luxury Hire Car Industry Regulations 2018 )

Section 82(1)

The licence holder

35. 

To suspend or cancel a luxury hire car licence (when satisfied there is an immediate and serious danger to public safety)

Section 82(3)

The licence holder

36. 

To refuse an application for a restricted hire vehicle licence (when not satisfied applicant would be operator of service proposed to be operated under licence)

Section 84E(3)

The licence applicant

37. 

To cancel a restricted hire vehicle licence (when satisfied licence holder has entered into an agreement purporting to lease the licence to another person or purporting to permit another person to operate a restricted hire vehicle service under the licence)

Section 84H(2)

The licence holder

38. 

Not to approve a motor vehicle for use as a restricted hire vehicle for general rhv services

Section 84I(1)

The registered operator of the motor vehicle

39. 

To impose conditions on a restricted hire vehicle licence

Section 84J(1)(a)

The licence holder

40. 

To vary or revoke any conditions imposed on a restricted hire vehicle licence

Section 84J(1)(b)

The licence holder

41. 

To refuse to transfer a restricted hire vehicle licence for general rhv services to another vehicle

Section 84L(4)

The licence holder

42. 

To suspend a restricted hire vehicle licence (excluding decision to suspend licence in prescribed circumstances set out in regulation 6(c) , (d) , (e) or (f) of the Restricted Hire Vehicle Industry Regulations 2013 )

Section 84P(1)

The licence holder

43. 

To cancel a restricted hire vehicle licence (excluding decision to cancel licence in prescribed circumstance set out in regulation 7(d) of the Restricted Hire Vehicle Industry Regulations 2013 )

Section 84P(1)

The licence holder

44. 

To suspend or cancel a restricted hire vehicle licence (when satisfied there is an immediate and serious danger to public safety)

Section 84P(3)

The licence holder

PART 2 - Administrative decisions under the Taxi Industry Regulations 2018

Column 1

Column 2 – Decision of Commission

Column 3 – Regulation

Column 4 – Eligible person

1. 

To refuse an application for appointment as an authorised meter adjuster

Regulation 63(5)

The applicant

2. 

To suspend or cancel the appointment of a person as an authorised meter adjuster

Regulation 69(1)

The authorised meter adjuster



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