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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Taxi Amendment Bill 2003
CONTENTS
1. Short title 1
2. Commencement 2
3. The Act amended 2
4. Section 3 amended 2
5. Section 16 amended 2
6. Section 17 amended 5
7. Section 18 amended 5
8. Section 19 amended 6
9. Section 19A inserted 7
10. Section 21 amended 7
11. Section 23 amended 7
12. Section 23A inserted 9
13. Section 24 amended 10
14. Section 25 amended 10
15. Section 30 amended 11
16. Section 37 amended 11
17. Section 41 amended 11
18. Various references to "plate owner" amended 12
224--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Taxi Amendment Bill 2003
A Bill for
An Act to amend the Taxi Act 1994.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Taxi Amendment Act 2003.
page 1
Taxi Amendment Bill 2003
s. 2
2. Commencement
This Act comes into operation on the day on which it receives
the Royal Assent.
3. The Act amended
5 The amendments in this Act are to the Taxi Act 1994*.
[* Reprinted as at 11 October 2002.]
4. Section 3 amended
(1) Section 3(1) is amended as follows:
(a) by inserting after the definition of "Director General"
10 the following definition --
"
"lease", in relation to taxi plates, means to acquire the
right to use the plates for a period specified by the
Director General;
15 ";
(b) by deleting the definition of "plate owner" and inserting
the following definition instead --
"
"plate holder" means the owner or lessee of taxi
20 plates;
".
(2) Section 3(3)(a) is amended after "relation to a tender" by
inserting --
" or application ".
25 5. Section 16 amended
Section 16 is amended as follows:
(a) before "Taxi" by inserting the subsection designation
"(1)";
page 2
Taxi Amendment Bill 2003
s. 5
(b) at the end of the section by inserting the following
subsections --
"
(2) Taxi plates shall also be offered for lease, with the
5 invitation to apply to lease taxi plates specifying --
(a) the criteria to be met by the successful
applicant;
(b) the period for which the plates are offered for
lease;
10 (c) the periodic payments that are payable to lease
the plates; and
(d) the conditions to be imposed on the operation
of a taxi using the plates which are being
offered for lease.
15 (3) Without limiting subsection (2)(a), taxi plates may be
leased by an individual only if the Director General is
satisfied that the individual --
(a) will be the owner and principal driver of the
vehicle operated as a taxi using the plates;
20 (b) is not the owner, and has no interest in the
ownership, of taxi plates; and
(c) is not the lessee of taxi plates.
(4) Without limiting subsection (2)(a), taxi plates may be
leased by the members of a partnership only if the
25 Director General is satisfied that --
(a) a member of the partnership will be the owner
and principal driver of the vehicle operated as a
taxi using the plates (the "owner-driver");
(b) each member of the partnership is an
30 individual;
(c) each member of the partnership (other than the
owner-driver) is related to the owner-driver;
and
page 3
Taxi Amendment Bill 2003
s. 5
(d) no member of the partnership --
(i) is the owner, or has an interest in the
ownership, of taxi plates; or
(ii) is the lessee of taxi plates.
5 (5) Without limiting subsection (2)(a), taxi plates may be
leased by a corporation only if the Director General is
satisfied that --
(a) a director or other person concerned in the
management of the corporation, or a
10 shareholder of the corporation, will be the
owner and principal driver of the vehicle
operated as a taxi using the plates (the
"owner-driver");
(b) each shareholder of the corporation is an
15 individual;
(c) each director or other person concerned in the
management of the corporation, and each
shareholder of the corporation, is related to the
owner-driver;
20 (d) the corporation --
(i) is not the owner, and has no interest in
the ownership, of taxi plates; and
(ii) is not the lessee of taxi plates;
and
25 (e) no director or other person concerned in the
management of the corporation, or shareholder
of the corporation --
(i) is the owner, or has an interest in the
ownership, of taxi plates; or
30 (ii) is the lessee of taxi plates.
(6) If the number of applicants who meet the criteria
specified under subsection (2)(a) and are eligible under
page 4
Taxi Amendment Bill 2003
s. 6
subsection (3), (4) or (5) exceeds the number of taxi
plates that the Director General determines to be available
for lease, the successful applicants are to be selected by
ballot.
5 (7) In subsections (4) and (5) --
"related", in relation to an owner-driver, means --
(a) the spouse or de facto partner of the
owner-driver;
(b) a parent or child of the owner-driver; or
10 (c) a brother or sister of the owner-driver.
".
6. Section 17 amended
(1) Section 17(1) is amended as follows:
(a) after "tender" in each place where it occurs by
15 inserting --
" or application ";
(b) in paragraph (c) before "disclose" by inserting --
" in the case of a tender, ".
(2) Section 17(2) and (3) are each amended after "tender" by
20 inserting "or application".
7. Section 18 amended
(1) Section 18(1) is amended as follows:
(a) after "tender" in each place where it occurs (except in
paragraphs (a)(ii) and (b)) by inserting --
25 " or application ";
(b) after "tenderer" in each place where it occurs by
inserting --
" or applicant ";
page 5
Taxi Amendment Bill 2003
s. 8
(c) in paragraph (a)(ii) after "tender" by inserting --
" or joint application ";
(d) in paragraph (a)(ii) after "tenderers" by inserting --
" or applicants ";
5 (e) in paragraph (a) by deleting "of taxi plates;" and
inserting instead --
" or lessee of taxi plates, as the case requires; ";
(f) in paragraph (b) after "tender" by inserting --
" or apply ";
10 (g) after paragraph (b) by deleting "and" and inserting --
"
(ba) that, in the case of an application for taxi plates,
the applicant is eligible under section 16(3), (4)
or (5), as the case requires; and
15 ";
(h) before "issue the tenderer" by inserting --
" , subject to section 16(6), ".
(2) Section 18(2)(a) is amended after "tendered" by inserting --
" or the first periodic payment for the lease ".
20 8. Section 19 amended
(1) Section 19(1) is amended by deleting "plate owners" and
inserting instead --
" plate holders ".
(2) Section 19(2) is repealed and the following subsection is
25 inserted instead --
"
(2) If a payment in respect of an annual fee is not made
within 30 days of the due date for that payment, or
such other date as the Director General may allow, the
30 right of the plate holder, or each plate holder, to those
page 6
Taxi Amendment Bill 2003
s. 9
plates is forfeited to the Director General, and those
plates may then be offered for sale or lease, as the case
requires, in accordance with section 16.
".
5 9. Section 19A inserted
After section 19 the following section is inserted --
"
19A. Periodic payments for leased taxi plates
(1) The periodic payments for taxi plates that are leased
10 are payable by plate holders at the times and in the
manner determined by the Director General.
(2) If a periodic payment is not made on or before the due
date for that payment, or such other date as the Director
General may allow, the right of the plate holder, or
15 each plate holder, to those plates is forfeited to the
Director General, and those plates may then be offered
for lease in accordance with section 16.
".
10. Section 21 amended
20 Section 21(1) is amended after "owned" by inserting --
" or leased ".
11. Section 23 amended
(1) Section 23(1) is amended after "an owner" by inserting --
" or lessee ".
page 7
Taxi Amendment Bill 2003
s. 11
(2) Section 23(2), (3) and (4) are repealed and the following
subsections are inserted instead --
"
(2) Where a plate holder fails to satisfy the Director
5 General in accordance with subsection (1), the Director
General may serve notice on the person --
(a) in the case of an owner of taxi plates --
requiring him or her to divest himself or herself
of any interest in the ownership of taxi plates
10 within 45 days after the day of service of the
notice (the "divestment period"); or
(b) in the case of a lessee of taxi plates -- advising
him or her of the effect of the relevant
provisions of subsections (3) and (4).
15 (3) Where a person fails to divest himself or herself of his
or her interest in the ownership of taxi plates within the
divestment period or a person is served with a notice
under subsection (2)(b) in relation to the leasing of taxi
plates --
20 (a) his or her right to the plates is forfeited to the
Director General --
(i) if he or she has appealed under
subsection (4) -- on the making of a
decision that confirms the Director
25 General's decision or that otherwise
results in the forfeiture of that right; or
(ii) otherwise on the expiry of --
(I) in the case of an owner of taxi
plates -- the divestment
30 period; or
(II) in the case of a lessee of taxi
plates -- the period specified in
subsection (4);
and
page 8
Taxi Amendment Bill 2003
s. 12
(b) if he or she was the sole plate holder, the plates
may then be offered for sale or lease, as the
case requires, in accordance with section 16.
(4) Where the Director General serves notice on a person
5 under subsection (2), the person may within 14 days of
service of that notice appeal to a Local Court against
the Director General's decision that he or she is no
longer fit to be an owner or lessee, as the case requires,
of taxi plates.
10 ".
12. Section 23A inserted
After section 23 the following section is inserted --
"
23A. Forfeiture of leased taxi plates
15 (1) If this section applies to a lessee of taxi plates the
lessee forfeits to the Director General the right to the
plates, which may then be offered for lease in
accordance with section 16.
(2) This section applies to --
20 (a) an individual who leases taxi plates if --
(i) the individual becomes the owner, or
acquires an interest in the ownership, of
taxi plates; or
(ii) the individual ceases to be the owner
25 and principal driver of the vehicle
operated as a taxi using the plates;
(b) the members of a partnership who lease taxi
plates if --
(i) a member of the partnership becomes
30 the owner, or acquires an interest in the
ownership, of taxi plates; or
page 9
Taxi Amendment Bill 2003
s. 13
(ii) no member of the partnership is the
owner and principal driver of the
vehicle operated as a taxi using the
plates;
5 and
(c) a corporation that leases taxi plates if --
(i) the corporation, or a director or other
person concerned in the management of
the corporation, or a shareholder of the
10 corporation, becomes the owner, or
acquires an interest in the ownership, of
taxi plates; or
(ii) no director or other person concerned in
the management of the corporation, or
15 shareholder of the corporation, is the
owner and principal driver of the
vehicle operated as a taxi using the
plates.
".
20 13. Section 24 amended
After section 24(4) the following subsection is inserted --
"
(5) Taxi plates that are leased are not transferable.
".
25 14. Section 25 amended
Section 25(1) is amended by deleting paragraphs (a) and (b) and
"or" between them and inserting instead --
"
(a) if a lessee of taxi plates does not make another
30 successful application under section 16(2)
before the expiry of the period for which the
plates were leased -- the expiry of that period;
page 10
Taxi Amendment Bill 2003
s. 15
(b) the forfeiture of the right to those plates under
section 19(2), 19A(2) or 23A; or
(c) if, as a result of forfeiture under subsection (3)
of section 23, those plates may be offered for
5 sale or lease in accordance with section 16 --
the forfeiture of the right to those plates under
that subsection.
".
15. Section 30 amended
10 Section 30(5) is amended by deleting "7 days" and inserting
instead --
" 14 days ".
16. Section 37 amended
Section 37(1) is amended as follows:
15 (a) by deleting paragraph (d) and inserting the following
paragraph instead --
"
(d) a tenderer or applicant;
";
20 (b) after "owner" by inserting --
" or lessee ";
(c) after "service," by inserting --
" as the case requires, ".
17. Section 41 amended
25 (1) Section 41(2)(c) is amended after "sale" by inserting --
" or lease ".
(2) Section 41(5) is amended as follows:
(a) after paragraph (d) by deleting "and";
page 11
Taxi Amendment Bill 2003
s. 18
(b) after paragraph (e) by deleting the full stop and
inserting --
"
; and
5 (f) all expenditure, other than expenditure referred
to in paragraphs (a), (b), (c), (d) and (e),
lawfully incurred for the purposes of, or in
meeting the costs and expenses of the
administration of, this Act.
10 ".
18. Various references to "plate owner" amended
The provisions listed in the Table to this section are amended by
deleting "plate owner" in each place where it occurs and
inserting instead --
15 " plate holder ".
Table
s. 3(1), definition of "operate",
paragraph (b) s. 23(1)
s. 19(3) s. 25(1)
s. 20(2)(a) s. 32(3)
s. 20(2)(b) s. 32(4)(a)
s. 20(3) s. 32(6)
s. 20(4) (in 2 places) s. 33(b)
s. 21(1) s. 43(1)
s. 22(1) s. 47(2)(a)
s. 22(2) s. 47(2)(b)
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