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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Taxi Amendment Bill 2007
CONTENTS
1. Short title 2
2. Commencement 2
3. The Act amended 2
4. Section 3 amended 2
5. Section 16 amended 3
6. Section 18 amended 3
7. Section 21 amended 3
8. Section 24 amended 5
9. Section 25 amended 5
10. Section 30A amended 6
11. Part 3 Division 4 inserted 6
Division 4 -- Exchange of restricted hours taxi
plates
30I. Restricted hours taxi plates may be
exchanged for conventional taxi plates 6
12. Section 41 amended 7
187--3 page i
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Taxi Amendment Bill 2007
A Bill for
An Act to amend the Taxi Act 1994.
The Parliament of Western Australia enacts as follows:
page 1
Taxi Amendment Bill 2007
s. 1
1. Short title
This is the Taxi Amendment Act 2007.
2. Commencement
This Act comes into operation as follows:
5 (a) sections 1 and 2 -- on the day on which this Act
receives the Royal Assent ("assent day");
(b) the rest of the Act -- on the day after assent day.
3. The Act amended
The amendments in this Act are to the Taxi Act 1994*.
10 [* Reprint 2 as at 4 August 2006.
For subsequent amendments see Act No. 77 of 2006.]
4. Section 3 amended
(1) Section 3(1) is amended by inserting in the appropriate
alphabetical position --
15 "
"conventional taxi plates" means taxi plates used, or
to be used, on a taxi except --
(a) a taxi operated subject to conditions
restricting the operation of the taxi to
20 specified times or areas; and
(b) a multi-purpose taxi as defined in
section 30A(1);
".
(2) Section 3(1) is amended in the definition of "taxi plates" by
25 inserting after "section 18" --
" or 30I(2)(b) ".
page 2
Taxi Amendment Bill 2007
s. 5
5. Section 16 amended
(1) Section 16(3) is amended as follows:
(a) by deleting "Taxi" and inserting instead --
" Conventional taxi ";
5 (b) by deleting "taxi" in both places where it occurs and
inserting instead --
" conventional taxi ".
(2) Section 16(10) is amended in the definition of "relevant
percentage" as follows:
10 (a) in paragraph (a), by deleting "20%" and inserting
instead --
" 35% ";
(b) in paragraph (b) --
(i) by deleting "another" and inserting instead --
15 " a higher ";
(ii) by deleting "other".
6. Section 18 amended
Section 18(1)(c) is amended by deleting "operating" and
inserting instead --
20 " being operated ".
7. Section 21 amended
After section 21(2) the following subsections are inserted --
"
(3) Where the Director General decides that a plate holder
25 has not, for a period of at least 60 days, used taxi plates
owned or leased by him or her on a vehicle being
operated as a taxi in accordance with this Act, the
Director General may serve notice on that person --
(a) stating the reason the Director General made
30 that decision; and
page 3
Taxi Amendment Bill 2007
s. 7
(b) requiring the plate holder --
(i) in the case of an owner of taxi plates --
to divest himself or herself of any
interest in the ownership of the taxi
5 plates within 45 days after the day of
service of the notice (the "divestment
period"); or
(ii) in the case of a lessee of taxi plates --
advising him or her of the effect of the
10 relevant provisions of subsections (4)
and (5).
(4) 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
15 under subsection (3)(b)(ii) in relation to the leasing of
taxi plates --
(a) his or her right to the plates is forfeited to the
Director General --
(i) if he or she has applied under
20 subsection (5) for a review -- on the
making of a decision that confirms the
Director General's decision or that
otherwise results in the forfeiture of that
right; or
25 (ii) otherwise on the expiry of --
(I) in the case of an owner of taxi
plates -- the divestment
period; or
(II) in the case of a lessee of taxi
30 plates -- the period specified in
subsection (5);
and
page 4
Taxi Amendment Bill 2007
s. 8
(b) the plates may then be offered for sale or lease,
as the case requires, in accordance with
section 16.
(5) Where the Director General serves notice on a person
5 under subsection (3), the person may within 14 days
after the day of service of that notice apply to the State
Administrative Tribunal for a review of the Director
General's decision that he or she has not, for a period
of at least 60 days, used taxi plates owned or leased by
10 him or her on a vehicle being operated as a taxi in
accordance with this Act.
(6) In this section --
"plate holder", in relation to a plate holder that is a
partnership, means each member of the
15 partnership.
".
8. Section 24 amended
(1) Section 24(2) is amended by inserting after "divest under
section" --
20 " 21(3) or ".
(2) After section 24(5) the following subsection is inserted --
"
(6) Taxi plates issued under section 30I(2)(b) are not
transferable for a period of one year after the day on
25 which they are issued.
".
9. Section 25 amended
Section 25(1)(c) is amended by inserting after "forfeiture
under" --
30 " subsection (4) of section 21 or ".
page 5
Taxi Amendment Bill 2007
s. 10
10. Section 30A amended
Section 30A(1) is amended in paragraph (a) of the definition of
"transferable MPT plates" by deleting "that operates" and
inserting instead --
5 " operated ".
11. Part 3 Division 4 inserted
After section 30H the following Division is inserted in Part 3 --
"
Division 4 -- Exchange of restricted hours taxi plates
10 30I. Restricted hours taxi plates may be exchanged for
conventional taxi plates
(1) In this section --
"restricted hours taxi" means a taxi the operation of
which --
15 (a) is subject to a condition restricting the hours
during which the taxi is operated; and
(b) is not subject to a condition restricting the
transfer of the relevant RHT plates, except a
condition restricting the transfer of those
20 plates within 3 years after they were
acquired;
"RHT owner" means a person who is the owner, or
has an interest in the ownership, of RHT plates;
"RHT plates" means taxi plates that are used on a
25 restricted hours taxi.
(2) The Director General may enter into an agreement, on
such terms and conditions as the Minister approves,
with a person who is an RHT owner for --
(a) the surrender and cancellation of the RHT
30 plates in respect of which the person is an RHT
owner; and
page 6
Taxi Amendment Bill 2007
s. 12
(b) the issue to the person of conventional taxi
plates that are to be owned by that person, or
that the person is to have an interest in owning,
as the case requires.
5 (3) Without limiting subsection (2), an agreement under
that subsection may provide for an amount to be paid
by the RHT owner to the Director General as part of
the consideration for the issue to the person of
conventional taxi plates.
10 (4) One set of conventional taxi plates is to be issued under
subsection (2)(b) in respect of each set of RHT plates
surrendered and cancelled under subsection (2)(a).
(5) If an RHT owner that --
(a) is a party to an agreement under subsection (2);
15 and
(b) would, but for this subsection, be issued with
conventional taxi plates under
subsection (2)(b),
so agrees, the plates may be issued instead to another
20 person who, in the opinion of the Director General, has
an interest in the ownership of the RHT plates that are
the subject of the agreement.
(6) Except as otherwise expressly provided in this section,
this section does not limit any other provision of this
25 Act in relation to the offering for sale or issuing of taxi
plates.
".
12. Section 41 amended
Section 41(2)(c) is amended by deleting "sale or lease" and
30 inserting instead --
" sale, lease or issue ".
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