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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Taxi Drivers Licensing Bill 2013
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Terms used 3
4. Driving vehicle as taxi 7
5. Approved medical reports 8
6. Fit and proper person to hold a licence 8
7. Designated areas 9
Part 2 -- Unlicensed persons driving
taxis and related offences
8. Driving taxi while not authorised by licence 10
9. Causing or permitting unlicensed driver to drive
taxi 12
10. Forgery and improper use of identifying details 13
Part 3 -- Licensing of taxi drivers
11. Application for licence 14
12. Grant of licence 14
13. Application for renewal of licence 15
14. Renewal of licence 16
15. Duration of licence 16
16. Conditions of licence 16
17. Application for variation of licence conditions 17
18. Variation of licence conditions 17
19. Notice of decisions on licences to be given 18
20. Licence document to be issued to licensee 18
31--3 page i
Taxi Drivers Licensing Bill 2013
Contents
Part 4 -- Obligations of taxi drivers
Division 1 -- Requirements relating to medical
reports and training
21. Requirement to give approved medical report 19
22. Requirement to complete applicable training
course or test 20
Division 2 -- Offences
23. Requirement to comply with licence conditions 20
24. Requirements to display and produce documents 21
25. Requirements to surrender documents 21
26. Requirement to notify CEO of change of address 22
27. Requirements to notify CEO of certain mental or
physical conditions 22
Division 3 -- Regulations and code of conduct
28. Regulations about conduct of licensees 22
29. Code of conduct 23
Part 5 -- Suspension, cancellation
and disqualification
Division 1 -- Suspension
30. Suspension order 24
31. Revocation of suspension order 25
Division 2 -- Cancellation: by order
32. Cancellation order 26
Division 3 -- Cancellation and disqualification:
conviction of certain offences
33. Cancellation and disqualification when convicted
of offence 27
Division 4 -- Cancellation and disqualification:
penalty points
Subdivision 1 -- Penalty points register
34. Penalty points offences 29
35. Recording, expiry and cancellation of penalty
points 30
36. Removal of penalty points from register 30
37. Penalty points register 31
page ii
Taxi Drivers Licensing Bill 2013
Contents
Subdivision 2 -- Cancellation and disqualification
due to excessive penalty points
38. Excessive penalty points notice 32
Division 5 -- General provisions
39. Cumulative effect of disqualification 34
40. Effect of permanent disqualification 35
Part 6 -- Enforcement
41. Authorised officers 36
42. Powers of authorised officers 36
43. Application for entry warrant 39
44. Issue and content of entry warrant 41
45. Effect of entry warrant 41
46. Obstructing authorised officer or not complying
with direction 42
Part 7 -- Exchange of information
47. Terms used 43
48. Use of and access to information 45
49. Use of photographs 46
50. Disclosure of information by CEO to
Commissioner of Police or other authorities 46
51. Disclosure of information to CEO by
Commissioner of Police or other authorities 47
52. Exchange of information between CEO and
interstate taxi authorities 48
53. Disclosures under this Part free of charge 49
54. Regulations may exempt information 49
Part 8 -- Miscellaneous
55. Reviewable decisions 50
56. Training courses and tests 51
57. Delegation 52
58. Agreements for performance of functions 52
59. Protection from personal liability 53
60. Protection of people testing or examining or giving
certain information 53
61. Publication of certain approvals 54
62. Regulations 54
page iii
Taxi Drivers Licensing Bill 2013
Contents
Part 9 -- Transitional provisions
63. Terms used 57
64. Grant of licences during pre-commencement
period to persons holding drivers' licences
endorsed with extension T 57
65. Section 64 licence taken to be taxi driver licence 59
66. Section 64 licence of no effect unless driver's
licence endorsed with extension T at
commencement day 59
67. Special provisions about pre-commencement
licences 59
68. Driver's licence may be endorsed with extension T
if pre-commencement licence granted 60
69. Application for extension T endorsement made
before proclamation day 60
Part 10 -- Consequential
amendments
Division 1 -- Road Traffic Act 1974 amended
70. Act amended 61
71. Section 42E amended 61
72. Section 44AA amended 61
73. Section 44AD inserted 61
44AD. Disclosure to CEO (taxi drivers licensing) 61
Division 2 -- Road Traffic (Authorisation to
Drive) Act 2008 amended
74. Act amended 62
75. Section 9 amended 62
76. Section 11B amended 62
77. Section 11E inserted 63
11E. Disclosure to CEO (taxi drivers licensing) 63
Division 3 -- Road Traffic Legislation
Amendment Act 2012 amended
78. Act amended 63
79. Section 191 deleted 63
Division 4 -- State Administrative Tribunal
Act 2004 amended
80. Act amended 63
81. Schedule 1 amended 63
page iv
Taxi Drivers Licensing Bill 2013
Contents
Division 5 -- Taxi Act 1994 amended
82. Act amended 64
83. Section 16 amended 64
84. Section 29 amended 64
85. Section 40 amended 64
Division 6 -- Transport Co-ordination Act 1966
amended
86. Act amended 65
87. Section 47ZE deleted 65
88. Section 47ZF amended 65
Part 11 -- Repeals
89. Part 10 Division 1 repealed if not commenced 66
90. Part 10 Division 3 repealed if not commenced 66
Defined terms
page v
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Taxi Drivers Licensing Bill 2013
A Bill for
An Act to --
provide for the licensing and regulation of taxi drivers; and
make consequential amendments to various Acts,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Taxi Drivers Licensing Bill 2013
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Taxi Drivers Licensing Act 2013.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) Part 1 comes into operation on the day on which this Act
7 receives the Royal Assent;
8 (b) Parts 3, 7, 8 and 9, Part 10 (other than Divisions 1, 2, 3,
9 5 and 6) and Part 11 come into operation on a day fixed
10 by proclamation (proclamation day);
11 (c) Part 10 Division 1 --
12 (i) if the Road Traffic Legislation Amendment
13 Act 2012 section 8 does not come into operation
14 on or before proclamation day -- comes into
15 operation on proclamation day; or
16 (ii) otherwise -- does not come into operation;
17 (d) Part 10 Division 2 comes into operation --
18 (i) if the Road Traffic Legislation Amendment
19 (Information) Act 2011 Part 4 (Part 4) comes
20 into operation before proclamation day -- on
21 proclamation day; or
22 (ii) otherwise -- immediately after Part 4 comes into
23 operation;
24 (e) Part 10 Division 3 --
25 (i) if the Road Traffic Legislation Amendment
26 Act 2012 section 191 does not come into
27 operation on or before the day on which
28 section 87 comes into operation under
29 paragraph (f) -- comes into operation on that
30 day; or
31 (ii) otherwise -- does not come into operation;
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Taxi Drivers Licensing Bill 2013
Preliminary Part 1
s. 3
1 (f) the rest of the Act comes into operation on the day after
2 the expiry of the period of 6 months beginning on
3 proclamation day.
4 3. Terms used
5 (1) In this Act, unless the contrary intention appears --
6 additional identification document means a document referred
7 to in section 24(1)(b);
8 applicable training course or test, in relation to a person, means
9 a training course or test that --
10 (a) is approved under section 56(1) for the purposes of the
11 provision in which the term is used; and
12 (b) under that approval, applies to the person;
13 approved means approved in writing by the CEO;
14 approved medical report has the meaning given in section 5;
15 authorised officer has the meaning given in section 41(1);
16 cancellation order means an order made under section 32;
17 CEO means the chief executive officer of the Department;
18 class, in relation to a vehicle, means a class of vehicle
19 prescribed by regulations under section 62(2)(a);
20 Commissioner of Police means the person holding or acting in
21 the office of Commissioner of Police under the Police Act 1892;
22 conviction includes a finding of guilty, or the acceptance of a
23 guilty plea, whether or not a conviction is recorded;
24 criminal record check means a document issued by the Police
25 Force of Western Australia, the Australian Federal Police or
26 another body or agency approved by the CEO that sets out, or
27 summarises in a manner acceptable to the CEO, the convictions
28 of an individual for offences under the law of this State, the
29 Commonwealth, another State or a Territory;
page 3
Taxi Drivers Licensing Bill 2013
Part 1 Preliminary
s. 3
1 current penalty points means penalty points recorded in the
2 penalty points register that have not --
3 (a) expired; or
4 (b) been cancelled; or
5 (c) been removed from the penalty points register;
6 dealt with by infringement notice, in relation to an alleged
7 penalty points offence, means that --
8 (a) an infringement notice has been issued for the alleged
9 offence; and
10 (b) the matter has been dealt with by the payment of an
11 amount in accordance with the infringement notice;
12 Department means the department of the Public Service
13 principally assisting the Minister in the administration of this
14 Act;
15 designated area has the meaning given in section 7;
16 disqualification offence has the meaning given in section 33(1);
17 disqualified, in relation to a person, means --
18 (a) disqualified from holding or obtaining a licence under
19 section 33(2)(b); or
20 (b) disqualified from holding or obtaining a licence under
21 section 38(3)(b);
22 drive a vehicle as a taxi has the meaning given in section 4;
23 driver's licence --
24 (a) before the coming into operation of the Road Traffic
25 (Administration) Act 2008 section 4 -- has the meaning
26 given in the Road Traffic Act 1974 section 5(1); or
27 (b) after the coming into operation of the Road Traffic
28 (Administration) Act 2008 section 4 -- has the meaning
29 given in that section;
30 driving authorisation means --
31 (a) a driver's licence; or
page 4
Taxi Drivers Licensing Bill 2013
Preliminary Part 1
s. 3
1 (b) a licence or other authorisation granted to a person
2 under a law of another State or a Territory authorising
3 the person to drive a motor vehicle on a road other than
4 solely for the purpose of learning to drive the vehicle; or
5 (c) a foreign driving authorisation authorising a person to
6 drive a motor vehicle on a road other than solely for the
7 purpose of learning to drive the vehicle,
8 and has a meaning affected by subsection (2);
9 driving authorisation law --
10 (a) before the coming into operation of the Road Traffic
11 (Authorisation to Drive) Act 2008 section 3 -- means
12 the Road Traffic Act 1974; or
13 (b) after the coming into operation of the Road Traffic
14 (Authorisation to Drive) Act 2008 section 3 -- means
15 the Road Traffic (Authorisation to Drive) Act 2008;
16 excessive penalty points notice means a notice given under
17 section 38;
18 foreign driving authorisation means an authorisation that --
19 (a) was granted to a person under a law of an external
20 Territory (as defined in the Acts Interpretation Act 1901
21 (Commonwealth)) or a law of another country; and
22 (b) under a driving authorisation law, authorises the holder
23 of that authorisation to drive in this State;
24 infringement notice means a notice issued to a person under a
25 written law --
26 (a) alleging the commission of an offence; and
27 (b) offering the person an opportunity, by paying an amount
28 of money prescribed under the written law and specified
29 in the notice, to have that matter dealt with out of court;
30 learner's permit --
31 (a) before the coming into operation of the Road Traffic
32 (Administration) Act 2008 section 4 -- has the meaning
33 given in the Road Traffic Act 1974 section 5(1); or
page 5
Taxi Drivers Licensing Bill 2013
Part 1 Preliminary
s. 3
1 (b) after the coming into operation of the Road Traffic
2 (Administration) Act 2008 section 4 -- has the meaning
3 given in that section;
4 licence or taxi driver licence means a licence granted under
5 Part 3;
6 licence document means a licence document issued to a
7 licensee under section 20;
8 licensee means a person who holds a licence (whether or not the
9 licence is suspended);
10 medical practitioner means a person registered under the
11 Health Practitioner Regulation National Law (Western
12 Australia) in the medical profession;
13 notifiable condition, in relation to a person, means any
14 permanent or long-term mental or physical condition that is
15 likely to, or treatment for which is likely to, impair a person's
16 mental or physical fitness to drive a vehicle as a taxi;
17 penalty points offence has the meaning given in section 34(1);
18 penalty points register means the register maintained under
19 section 37;
20 provider, of a taxi dispatch service, means --
21 (a) a person who is registered as the provider of a taxi
22 dispatch service under the Taxi Act 1994; or
23 (b) a person who provides a taxi dispatch service in respect
24 of vehicles operated (as defined in the Transport
25 Co-ordination Act 1966 section 47Z) under taxi-car
26 licences issued under the Transport Co-ordination
27 Act 1966;
28 qualification period, in relation to a training course or test
29 approved under section 56(1), means the qualification period
30 specified in the approval in relation to the training course or test
31 in accordance with section 56(2)(c);
32 suspended means suspended under section 30(4);
33 suspension order means an order made under section 30;
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Taxi Drivers Licensing Bill 2013
Preliminary Part 1
s. 4
1 taxi dispatch service means a service that provides --
2 (a) radio base, computer or telephone services for vehicles
3 driven as taxis or makes arrangements for such vehicles
4 to be provided with such services; and
5 (b) controlling, coordinating, administrative and other
6 services to the taxi industry,
7 for the purpose of arranging for a person who requests such a
8 vehicle to be provided with one;
9 test means a written test, an oral test, a practical assessment or
10 any combination of those things;
11 traffic record check means a document issued by the Police
12 Force of Western Australia or another body or agency approved
13 by the CEO that sets out, or summarises in a manner acceptable
14 to the CEO, either or both of the following --
15 (a) the convictions of an individual for driving-related
16 offences under the law of this State, another State or a
17 Territory;
18 (b) the infringement notices issued to an individual in
19 relation to alleged driving-related offences under the law
20 of this State, another State or a Territory.
21 (2) For the purposes of this Act, a person is to be taken not to hold a
22 driving authorisation during any period during which the person
23 was excluded by law from driving under that authorisation.
24 4. Driving vehicle as taxi
25 (1) For the purposes of this Act, a person drives a vehicle as a taxi
26 if --
27 (a) the person uses the vehicle for the purpose of standing
28 or plying for hire or otherwise for the purposes of
29 carrying passengers for reward; and
page 7
Taxi Drivers Licensing Bill 2013
Part 1 Preliminary
s. 5
1 (b) the vehicle is --
2 (i) operated (as defined in the Taxi Act 1994
3 section 3(1)) using taxi plates issued under that
4 Act; or
5 (ii) operated (as defined in the Transport
6 Co-ordination Act 1966 section 47Z) under a
7 taxi-car licence issued under that Act.
8 (2) For the purposes of subsection (1), passengers are not carried
9 for reward in a vehicle if the amount received for carrying those
10 passengers is not intended to exceed the running costs of the
11 vehicle.
12 (3) An amount referred to in subsection (2) is to be taken not to be
13 intended to exceed the running costs of the vehicle if it does not
14 exceed an amount calculated in accordance with the regulations.
15 5. Approved medical reports
16 For the purposes of this Act, an approved medical report about a
17 person is a report that --
18 (a) is in the approved form; and
19 (b) is prepared by a medical practitioner; and
20 (c) is based on an examination of the person by the medical
21 practitioner that was conducted --
22 (i) for the purpose of assessing the person's mental
23 and physical fitness to drive a vehicle as a taxi;
24 and
25 (ii) no earlier than 3 months before the report is
26 given to the CEO.
27 6. Fit and proper person to hold a licence
28 (1) Without limiting the matters to which the CEO may have regard
29 in determining, for the purposes of this Act, whether the CEO is
30 satisfied that a person is a fit and proper person to hold a
page 8
Taxi Drivers Licensing Bill 2013
Preliminary Part 1
s. 7
1 licence, the CEO may have regard to whether the CEO suspects
2 on reasonable grounds that the person has contravened --
3 (a) this Act; or
4 (b) the regulations; or
5 (c) the code of conduct approved under section 29.
6 (2) A person who has applied for a taxi driver licence is to be taken
7 not to be a fit and proper person to hold a licence if --
8 (a) the person has been convicted of a disqualification
9 offence; and
10 (b) the conviction has not been quashed or set aside; and
11 (c) the period of disqualification prescribed for the purposes
12 of section 33(5) in relation to the disqualification
13 offence has not passed since the conviction.
14 7. Designated areas
15 (1) For the purposes of this Act, a designated area is --
16 (a) a control area (as defined in the Taxi Act 1994
17 section 3(1)); or
18 (b) another area in the State that is prescribed by regulations
19 for the purposes of this paragraph.
20 (2) For the purposes of this Act, a vehicle is to be taken not to be
21 driven as a taxi in a designated area if the vehicle is being
22 driven --
23 (a) to carry passengers to a place in the designated area
24 from a place outside the designated area; or
25 (b) in other circumstances prescribed by the regulations.
page 9
Taxi Drivers Licensing Bill 2013
Part 2 Unlicensed persons driving taxis and related offences
s. 8
1 Part 2 -- Unlicensed persons driving taxis and related
2 offences
3 8. Driving taxi while not authorised by licence
4 (1) A person commits an offence if --
5 (a) the person drives a vehicle as a taxi; and
6 (b) the person does not hold a licence that is in force.
7 Penalty:
8 (a) for a first offence, a fine of $10 000;
9 (b) for a subsequent offence, a fine of $10 000, but the
10 minimum penalty is a fine of $2 000.
11 (2) A person commits an offence if --
12 (a) the person drives a vehicle as a taxi; and
13 (b) the person --
14 (i) is disqualified; or
15 (ii) holds a licence that is suspended.
16 Penalty: a fine of $10 000, but the minimum penalty is a fine of
17 $2 000.
18 (3) A person charged with an offence under subsection (2) may be
19 convicted of an offence under subsection (1) if that offence is
20 established by the evidence.
21 (4) A person commits an offence if --
22 (a) the person drives a vehicle as a taxi; and
23 (b) under a driving authorisation law, the person is not
24 authorised to drive the vehicle.
25 Penalty: a fine of $10 000, but the minimum penalty is a fine of
26 $2 000.
page 10
Taxi Drivers Licensing Bill 2013
Unlicensed persons driving taxis and related offences Part 2
s. 8
1 (5) It is a defence to a charge of an offence under subsection (4) to
2 prove that --
3 (a) the person charged was not authorised to drive the
4 vehicle because the person --
5 (i) was disqualified from holding or obtaining a
6 driver's licence under the Fines, Penalties and
7 Infringement Notices Enforcement Act 1994
8 section 19 or 43; or
9 (ii) was the subject of any disqualification or
10 suspension under a law of another jurisdiction
11 that is prescribed for the purposes of the Road
12 Traffic Act 1974 section 49(9)(b);
13 and
14 (b) the person did not know of the circumstance mentioned
15 in paragraph (a).
16 (6) A person commits an offence if --
17 (a) the person drives a vehicle of a particular class as a taxi
18 in a designated area; and
19 (b) the person holds a licence that is in force, but the licence
20 does not authorise either or both of the following --
21 (i) the person to drive a vehicle of that class as a
22 taxi;
23 (ii) the person to drive a vehicle as a taxi in that
24 designated area.
25 Penalty: a fine of $2 500.
26 (7) For the purposes of this Act, an offence under subsection (1) is
27 to be taken to be a subsequent offence if the person has
28 previously been convicted of an offence under
29 subsection (1), (2) or (4).
30 (8) This section does not limit or affect --
31 (a) any requirement for a person to hold a driving
32 authorisation; or
page 11
Taxi Drivers Licensing Bill 2013
Part 2 Unlicensed persons driving taxis and related offences
s. 9
1 (b) any requirement under the Taxi Act 1994 relating to taxi
2 plates; or
3 (c) any requirement under the Transport Co-ordination
4 Act 1966 relating to taxi-car licences; or
5 (d) any other requirement under a written law for a person
6 to hold any licence or authorisation in relation to the
7 operation of a vehicle.
8 9. Causing or permitting unlicensed driver to drive taxi
9 (1) A person commits an offence if --
10 (a) the person --
11 (i) causes or permits another person (the driver) to
12 drive a vehicle as a taxi; or
13 (ii) is the provider of a taxi dispatch service that is
14 used by another person (the driver) for the
15 purpose of the driver driving a vehicle as a taxi;
16 and
17 (b) the driver --
18 (i) is not authorised under a licence to drive the
19 vehicle as a taxi; or
20 (ii) is not authorised under a driving authorisation
21 law to drive the vehicle.
22 Penalty:
23 (a) for a first offence, a fine of $10 000;
24 (b) for a subsequent offence, a fine of $10 000, but the
25 minimum penalty is a fine of $2 000.
26 (2) It is a defence to a charge for an offence under subsection (1) to
27 prove that the person charged took reasonable steps to ensure
28 that the driver --
29 (a) was authorised under a licence to drive the vehicle as a
30 taxi; and
page 12
Taxi Drivers Licensing Bill 2013
Unlicensed persons driving taxis and related offences Part 2
s. 10
1 (b) was authorised under a driving authorisation law to
2 drive the vehicle.
3 10. Forgery and improper use of identifying details
4 (1) In this section --
5 identifying details, of a licensee, means any or all of the
6 following --
7 (a) the licence document issued to the licensee;
8 (b) any additional identification document issued to the
9 licensee;
10 (c) information that identifies the licensee in
11 communications with the provider of a taxi dispatch
12 service.
13 (2) A person commits an offence if the person --
14 (a) forges or fraudulently alters a licence document; or
15 (b) uses a licence document that has been forged or
16 fraudulently altered.
17 Penalty: a fine of $2 500.
18 (3) A licensee commits an offence if --
19 (a) the licensee causes or permits another person to use the
20 licensee's identifying details; and
21 (b) the other person uses the identifying details for the
22 purposes of impersonating the licensee or holding out
23 that the person is authorised to drive a vehicle as a taxi.
24 Penalty: a fine of $2 500.
25 (4) A person commits an offence if the person uses a licensee's
26 identifying details for the purposes of impersonating the
27 licensee or holding out that the person is authorised to drive a
28 vehicle as a taxi.
29 Penalty: a fine of $2 500.
page 13
Taxi Drivers Licensing Bill 2013
Part 3 Licensing of taxi drivers
s. 11
1 Part 3 -- Licensing of taxi drivers
2 11. Application for licence
3 (1) An individual may apply to the CEO for a taxi driver licence.
4 (2) An individual who is disqualified cannot apply for a taxi driver
5 licence.
6 (3) The application must --
7 (a) be in the approved form; and
8 (b) specify --
9 (i) each class of vehicle that the applicant wants to
10 be authorised to drive as a taxi; and
11 (ii) each designated area in which the applicant
12 wants to be authorised to drive a vehicle as a
13 taxi;
14 and
15 (c) be accompanied by an approved medical report about
16 the applicant; and
17 (d) be accompanied by any documents or information
18 specified in the approved form; and
19 (e) be accompanied by the prescribed application fee.
20 12. Grant of licence
21 (1) The CEO may, on application under section 11, grant the
22 applicant a taxi driver licence if the CEO is satisfied that --
23 (a) the applicant holds a driver's licence; and
24 (b) the applicant has, for a period of at least 3 years or
25 periods adding up to at least 3 years, held a driving
26 authorisation; and
27 (c) the applicant has reached 20 years of age; and
28 (d) the applicant is a fit and proper person to hold a licence;
29 and
page 14
Taxi Drivers Licensing Bill 2013
Licensing of taxi drivers Part 3
s. 13
1 (e) the applicant is mentally and physically fit to drive a
2 vehicle as a taxi; and
3 (f) for each applicable training course or test (if any) --
4 (i) the applicant has successfully completed the
5 training course or test; and
6 (ii) the qualification period has not expired since the
7 applicant completed the training course or test;
8 and
9 (g) the applicant meets any other criteria prescribed by the
10 regulations.
11 (2) The CEO may, by written notice given to an applicant, waive
12 the requirement in subsection (1)(f) in relation to an applicable
13 training course or test if the CEO is satisfied, on any basis and
14 in any circumstances, that the applicant holds the competency
15 that was to be demonstrated by the successful completion of the
16 training course or test.
17 13. Application for renewal of licence
18 (1) A licensee may, within 6 months before the expiry day specified
19 on the licence document, apply to the CEO for the grant of a
20 licence by way of renewal.
21 (2) The application must --
22 (a) be in the approved form; and
23 (b) be accompanied by any documents or information
24 specified in the approved form; and
25 (c) be accompanied by the prescribed application fee.
26 (3) A person whose licence is suspended cannot apply for the grant
27 of a licence by way of renewal.
page 15
Taxi Drivers Licensing Bill 2013
Part 3 Licensing of taxi drivers
s. 14
1 14. Renewal of licence
2 The CEO may, on application under section 13, grant the
3 applicant a taxi driver licence by way of renewal if the CEO is
4 satisfied that the applicant --
5 (a) meets the criteria set out in section 12(1)(a) to (e); and
6 (b) meets any other criteria prescribed by the regulations.
7 15. Duration of licence
8 (1) A licence comes into force --
9 (a) for a licence granted under section 12 -- on the day on
10 which it is granted; or
11 (b) for a licence granted under section 14 -- on the day
12 after the expiry day for the licensee's previous licence.
13 (2) A licence expires at the end of the day (the expiry day) that is
14 2 years after the day on which it comes into force.
15 (3) The expiry day for a licence must be specified on the licence
16 document.
17 (4) A licence remains in force until whichever of the following
18 occurs first --
19 (a) it expires;
20 (b) it is cancelled.
21 (5) A licence is not in force during any period for which it is
22 suspended.
23 16. Conditions of licence
24 (1) A licence must be granted subject to the following conditions --
25 (a) a condition specifying each class of vehicle that the
26 licensee is authorised to drive as a taxi;
27 (b) a condition specifying each designated area in which the
28 licensee is authorised to drive a vehicle as a taxi.
page 16
Taxi Drivers Licensing Bill 2013
Licensing of taxi drivers Part 3
s. 17
1 (2) A licence may be granted subject to such other conditions as the
2 CEO thinks fit and specifies on the licence document.
3 (3) The regulations may provide for conditions of licences.
4 17. Application for variation of licence conditions
5 (1) A licensee may apply to the CEO for the variation of the
6 conditions of the licence.
7 (2) The application must --
8 (a) be in the approved form; and
9 (b) be accompanied by any documents or other information
10 specified in the approved form; and
11 (c) be accompanied by the prescribed application fee.
12 18. Variation of licence conditions
13 (1) The CEO may vary the conditions of a licence if the CEO is
14 satisfied that --
15 (a) the variation is appropriate in the circumstances; and
16 (b) for each applicable training course or test (if any) --
17 (i) the applicant has successfully completed the
18 applicable training course or test; and
19 (ii) the qualification period has not expired since the
20 applicant completed the applicable training
21 course or test.
22 (2) A variation under subsection (1) may be made on application
23 under section 17 or on the CEO's own initiative.
24 (3) Without limiting subsection (1), the CEO may vary the
25 conditions of a licence by varying existing conditions, removing
26 conditions or specifying additional conditions.
27 (4) The CEO may, by written notice given to a licensee, waive the
28 requirement in subsection (1)(b) in relation to an applicable
29 training course or test if the CEO is satisfied, on any basis and
page 17
Taxi Drivers Licensing Bill 2013
Part 3 Licensing of taxi drivers
s. 19
1 in any circumstances, that the licensee holds the competency
2 that was to be demonstrated by the successful completion of the
3 training course or test.
4 19. Notice of decisions on licences to be given
5 (1) The CEO must give an applicant written notice of a decision to
6 grant, or refuse to grant, a licence under section 12 or 14.
7 (2) The CEO must give a licensee written notice of a decision --
8 (a) to refuse an application under section 17 for the
9 variation of the conditions of a licence; or
10 (b) to vary the conditions of a licence under section 18.
11 (3) If the decision is a decision to refuse to grant a licence, a
12 decision to vary the conditions of a licence on the CEO's own
13 initiative, or a decision to refuse an application for the variation
14 of the conditions of a licence, the notice must state --
15 (a) the reasons for the decision; and
16 (b) that the person has a right to a review under section 55.
17 20. Licence document to be issued to licensee
18 (1) The CEO must issue a licence document to a licensee.
19 (2) A licence document must be in the approved form.
20 (3) The CEO may at any time --
21 (a) issue a new licence document to a licensee; and
22 (b) give the licensee a written notice requiring the licensee
23 to surrender to the CEO any previous licence document
24 issued to the licensee.
page 18
Taxi Drivers Licensing Bill 2013
Obligations of taxi drivers Part 4
Requirements relating to medical reports and training Division 1
s. 21
1 Part 4 -- Obligations of taxi drivers
2 Division 1 -- Requirements relating to medical reports and
3 training
4 21. Requirement to give approved medical report
5 (1) A licensee must give the CEO an approved medical report about
6 the licensee --
7 (a) if a notice given under subsection (2) is in force -- in
8 accordance with that notice; or
9 (b) otherwise -- on or before each day that ends 5 years
10 after the day on which the licensee last gave an
11 approved medical report to the CEO under this Act.
12 (2) If the CEO suspects on reasonable grounds that a licensee is
13 affected by a notifiable condition, the CEO may give the
14 licensee a written notice requiring the licensee to give the CEO
15 an approved medical report about the licensee --
16 (a) on or before a day stated in the notice; and
17 (b) subsequently, at intervals of a period stated in the notice.
18 (3) If the CEO considers it appropriate in the circumstances, the
19 CEO may, by written notice given to the licensee --
20 (a) cancel a notice given under subsection (2); or
21 (b) vary a notice given under subsection (2).
22 (4) The CEO must, by written notice given to the licensee, cancel a
23 notice given under subsection (2) if the CEO becomes satisfied
24 that the licensee is no longer affected by a notifiable condition.
25 (5) A notice given under subsection (2) or (3)(b) must state that the
26 licensee has a right to a review under section 55.
page 19
Taxi Drivers Licensing Bill 2013
Part 4 Obligations of taxi drivers
Division 2 Offences
s. 22
1 22. Requirement to complete applicable training course or test
2 (1) The CEO may, from time to time, give a licensee a written
3 notice stating --
4 (a) that the licensee is required to complete an applicable
5 training course or test; and
6 (b) the day by which the licensee is required to successfully
7 complete the training course or test; and
8 (c) that the licensee has a right to a review under section 55;
9 and
10 (d) that a suspension order may be made if the licensee does
11 not comply with the requirement.
12 (2) The CEO may, by written notice given to the licensee, waive the
13 requirement for the licensee to complete an applicable training
14 course or test under this section if the CEO --
15 (a) is satisfied, on any basis and in any circumstances, that
16 the licensee holds the competency that was to be
17 demonstrated by the successful completion of the
18 training course or test; or
19 (b) otherwise considers it appropriate in the circumstances.
20 (3) The CEO may extend the day stated in a notice given under
21 subsection (1).
22 (4) If a notice has been given to a licensee under subsection (1) and
23 the requirement under the notice has not been waived, the
24 licensee must complete the training course or test in compliance
25 with the notice.
26 Division 2 -- Offences
27 23. Requirement to comply with licence conditions
28 A licensee commits an offence if the licensee contravenes a
29 condition to which the licence is subject under section 16(2) or
30 the regulations.
31 Penalty: a fine of $1 000.
page 20
Taxi Drivers Licensing Bill 2013
Obligations of taxi drivers Part 4
Offences Division 2
s. 24
1 24. Requirements to display and produce documents
2 (1) A licensee must, at all times when driving a vehicle as a taxi,
3 display in the vehicle, in a prominent position and in the
4 approved manner --
5 (a) the licensee's licence document; and
6 (b) any additional document issued to the licensee by the
7 CEO and prescribed by the regulations as a document
8 that must be displayed in vehicles of that class that are
9 driven as taxis.
10 Penalty: a fine of $1 000.
11 (2) A licensee must produce the licensee's licence document at the
12 request of an authorised officer.
13 Penalty: a fine of $1 000.
14 25. Requirements to surrender documents
15 (1) A person whose licence is suspended under section 30(4), or has
16 been cancelled under section 32(3), 33(2)(a) or 38(3)(a),
17 must --
18 (a) if an authorised officer requests the person to surrender
19 the licence document and the licence document is in the
20 person's physical possession when the request is
21 made -- surrender the licence document to the
22 authorised officer; or
23 (b) otherwise -- surrender the licence document to the
24 CEO, in the approved manner, within 14 days after the
25 suspension or cancellation takes effect.
26 Penalty: a fine of $1 000.
27 (2) A licensee who has been given a notice under section 20(3)(b)
28 must surrender the licensee's licence document, in the approved
29 manner, within 14 days after the notice is given.
30 Penalty: a fine of $1 000.
page 21
Taxi Drivers Licensing Bill 2013
Part 4 Obligations of taxi drivers
Division 3 Regulations and code of conduct
s. 26
1 (3) A person who is required to surrender a licence document under
2 subsection (1) or (2) must surrender with the licence document
3 any additional identification document issued to the person.
4 Penalty: a fine of $1 000.
5 26. Requirement to notify CEO of change of address
6 A licensee must, in the approved manner, give the CEO notice
7 of any change to the licensee's residential address within
8 21 days after the change occurs.
9 Penalty: a fine of $1 000.
10 27. Requirements to notify CEO of certain mental or physical
11 conditions
12 (1) A licensee who becomes affected by a notifiable condition must
13 give the CEO notice of the condition in the approved manner as
14 soon as is reasonably practicable after becoming aware of the
15 condition.
16 Penalty: a fine of $1 000.
17 (2) A licensee who has given the CEO notice of a condition under
18 subsection (1) must give the CEO notice in the approved
19 manner of any substantial increase in the degree to which the
20 licensee is affected by the condition as soon as is reasonably
21 practicable after becoming aware of the increase.
22 Penalty: a fine of $1 000.
23 Division 3 -- Regulations and code of conduct
24 28. Regulations about conduct of licensees
25 (1) The regulations may regulate the conduct and behaviour of
26 licensees in relation to the driving of vehicles as taxis.
page 22
Taxi Drivers Licensing Bill 2013
Obligations of taxi drivers Part 4
Regulations and code of conduct Division 3
s. 29
1 (2) Without limiting subsection (1), the regulations may make
2 provision in relation to the following --
3 (a) circumstances under which a licensee may, must or must
4 not --
5 (i) refuse to accept a prospective passenger; or
6 (ii) terminate a hiring; or
7 (iii) carry any thing;
8 (b) the conduct and behaviour of licensees towards
9 passengers and prospective passengers;
10 (c) the route that a licensee must drive to reach any
11 destination;
12 (d) the standard of dress, or uniforms, to be worn by
13 licensees.
14 29. Code of conduct
15 (1) The CEO may approve in writing a code of conduct for
16 licensees.
17 (2) A code of conduct approved under subsection (1) is subsidiary
18 legislation for the purposes of the Interpretation Act 1984 and
19 section 42 of that Act applies to and in relation to the code of
20 conduct as if it were a regulation.
21 (3) The CEO must ensure that the code of conduct approved under
22 subsection (1), as in force from time to time, is published on a
23 website maintained by the Department.
page 23
Taxi Drivers Licensing Bill 2013
Part 5 Suspension, cancellation and disqualification
Division 1 Suspension
s. 30
1 Part 5 -- Suspension, cancellation and disqualification
2 Division 1 -- Suspension
3 30. Suspension order
4 (1) The CEO may make an order (a suspension order) suspending a
5 licence if --
6 (a) the licensee is charged with a disqualification offence;
7 or
8 (b) the CEO suspects on reasonable grounds that the
9 licensee --
10 (i) has committed a disqualification offence; or
11 (ii) is not a fit and proper person to hold a licence; or
12 (iii) is mentally or physically unfit to drive a vehicle
13 as a taxi;
14 or
15 (c) the licensee has contravened --
16 (i) a requirement under section 21(1) to give the
17 CEO an approved medical report; or
18 (ii) a requirement under section 22(4) to complete a
19 training course or test.
20 (2) A suspension order made under subsection (1)(a) or (b) may
21 include a requirement that the licensee undertake remedial
22 action.
23 (3) The CEO must give written notice of a suspension order to the
24 licensee stating the following --
25 (a) that the licence is suspended;
26 (b) the day on which the period of suspension commences;
27 (c) the grounds on which the order is made;
28 (d) any remedial action that the licensee is required to take
29 under subsection (2);
page 24
Taxi Drivers Licensing Bill 2013
Suspension, cancellation and disqualification Part 5
Suspension Division 1
s. 31
1 (e) if the order is made under subsection (1)(b) or (c) --
2 that the licensee has a right to a review under section 55.
3 (4) A licence subject to a suspension order is suspended under the
4 order for a period --
5 (a) commencing on the day stated in the notice under
6 subsection (3)(b); and
7 (b) ending on whichever of the following occurs first --
8 (i) the day stated in a notice of revocation of the
9 suspension order under section 31(5)(b);
10 (ii) the day on which the licence expires or is
11 cancelled.
12 (5) A suspension order may be made even if the licence is already
13 suspended when the order is made.
14 (6) The CEO may, by written notice given to the licensee, vary or
15 waive a requirement imposed under subsection (2).
16 31. Revocation of suspension order
17 (1) The CEO may at any time revoke a suspension order.
18 (2) The CEO must revoke a suspension order made under
19 section 30(1)(a) or (b) as soon as is reasonably practicable after
20 the CEO becomes satisfied that --
21 (a) if the suspension order includes a requirement under
22 section 30(2) that the licensee undertake any remedial
23 action -- that action has been undertaken; and
24 (b) the grounds for making the suspension order no longer
25 exist.
26 (3) The CEO must revoke a suspension order made under
27 section 30(1)(c)(i) as soon as is reasonably practicable after the
28 licensee gives the CEO an approved medical report about the
29 licensee.
page 25
Taxi Drivers Licensing Bill 2013
Part 5 Suspension, cancellation and disqualification
Division 2 Cancellation: by order
s. 32
1 (4) The CEO must revoke a suspension order made under
2 section 30(1)(c)(ii) as soon as is reasonably practicable after --
3 (a) the CEO becomes satisfied that the licensee has
4 successfully completed a training course or test that is
5 the same as, or substantially equivalent to, the training
6 course or test that the licensee was required to complete
7 under section 22(4); or
8 (b) the CEO becomes satisfied, on any basis and in any
9 circumstances, that the licensee holds the competency
10 that was to be demonstrated by the successful
11 completion of the training course or test that the licensee
12 was required to complete under section 22(4).
13 (5) The CEO must give a written notice of a revocation of a
14 suspension order to the licensee stating the following --
15 (a) that the suspension of the licensee's licence has been
16 revoked;
17 (b) the day on which the suspension of the person's licence
18 under the order ends;
19 (c) the reasons for the revocation.
20 Division 2 -- Cancellation: by order
21 32. Cancellation order
22 (1) The CEO may make an order (a cancellation order) cancelling
23 a licence if the CEO is satisfied that --
24 (a) the licensee is not a fit and proper person to hold a
25 licence; or
26 (b) the licensee is mentally or physically unfit to drive a
27 vehicle as a taxi.
28 (2) The CEO must give written notice of a cancellation order to the
29 licensee stating the following --
30 (a) that the licence is cancelled;
31 (b) the day on which the cancellation takes effect;
page 26
Taxi Drivers Licensing Bill 2013
Suspension, cancellation and disqualification Part 5
Cancellation and disqualification: conviction of certain offences Division 3
s. 33
1 (c) the grounds on which the order is made;
2 (d) that the licensee has a right to a review under section 55.
3 (3) A licence subject to a cancellation order is cancelled on the day
4 stated in the order.
5 (4) A cancellation order may be made even if the licence is
6 suspended when the order is made.
7 Division 3 -- Cancellation and disqualification: conviction of
8 certain offences
9 33. Cancellation and disqualification when convicted of offence
10 (1) For the purposes of this Act, a disqualification offence is --
11 (a) an offence under section 8(1), (2) or (4); or
12 (b) an offence under --
13 (i) this Act or another written law; or
14 (ii) a law of the Commonwealth; or
15 (iii) a law of another State or a Territory,
16 that is prescribed by the regulations as a disqualification
17 offence.
18 (2) If a licensee is convicted of a disqualification offence then, by
19 force of this section --
20 (a) the licence is cancelled; and
21 (b) the licensee is disqualified from holding or obtaining a
22 licence for the period prescribed by the regulations.
23 (3) The CEO must give a person written notice of the cancellation
24 of the person's licence under subsection (2) stating the
25 following --
26 (a) that the licence is cancelled;
27 (b) that the person is disqualified from holding or obtaining
28 a licence;
page 27
Taxi Drivers Licensing Bill 2013
Part 5 Suspension, cancellation and disqualification
Division 3 Cancellation and disqualification: conviction of certain offences
s. 33
1 (c) the period prescribed by the regulations for which the
2 person is disqualified;
3 (d) that the cancellation took effect and the period of
4 disqualification commenced when the person was
5 convicted of the disqualification offence;
6 (e) the grounds for the cancellation and disqualification.
7 (4) A period of disqualification under subsection (2)(b) --
8 (a) commences when the licensee is convicted of the
9 disqualification offence; and
10 (b) ends when the period of disqualification prescribed by
11 the regulations has expired.
12 (5) A period of disqualification (which may be permanent) must be
13 prescribed by the regulations in relation to each disqualification
14 offence.
15 (6) Different periods of disqualification may be prescribed in
16 relation to a disqualification offence depending on any of the
17 following --
18 (a) whether the offence is a first or subsequent offence;
19 (b) the circumstances in which the offence is committed;
20 (c) the length of time that the licensee has continuously held
21 a licence that is in force when the offence is committed;
22 (d) whether or not the licensee has previously been
23 disqualified under subsection (2)(b).
24 (7) Despite subsection (4)(b), if a person's conviction for a
25 disqualification offence is quashed or set aside, then the period
26 of disqualification ends when the conviction is quashed or set
27 aside.
28 (8) For the purposes of determining when a period of
29 disqualification under this section ends, the period is to be taken
30 to have commenced at the start of the day on which the person
31 was convicted of the disqualification offence.
page 28
Taxi Drivers Licensing Bill 2013
Suspension, cancellation and disqualification Part 5
Cancellation and disqualification: penalty points Division 4
s. 34
1 (9) The cancellation of a licence under subsection (2)(a) has effect
2 even if the licence is suspended when the licensee is convicted
3 of the disqualification offence.
4 (10) Nothing in this section prevents the commencement of a period
5 of disqualification from being postponed under section 39.
6 (11) The regulations may provide for the reinstatement of licences,
7 or make any other provision necessary or convenient to be
8 made, to deal with consequences of a conviction for a
9 disqualification offence being quashed or set aside in a case in
10 which a licence has been cancelled under subsection (2)(a)
11 because of the conviction.
12 Division 4 -- Cancellation and disqualification: penalty points
13 Subdivision 1 -- Penalty points register
14 34. Penalty points offences
15 (1) For the purposes of this Act, a penalty points offence is an
16 offence (other than a disqualification offence) --
17 (a) under this Act, the Taxi Act 1994 or the Transport
18 Co-ordination Act 1966 that is prescribed by the
19 regulations as a penalty points offence; or
20 (b) under the Tobacco Products Control Act 2006 that
21 relates to smoking in an enclosed place and is prescribed
22 by the regulations as a penalty points offence.
23 (2) A number of penalty points must be prescribed by the
24 regulations to apply in relation to each penalty points offence.
25 (3) Different numbers of penalty points may be prescribed that
26 apply in relation to a penalty points offence depending on any of
27 the following --
28 (a) whether the offence is a first or subsequent offence;
29 (b) the circumstances in which the offence is committed.
page 29
Taxi Drivers Licensing Bill 2013
Part 5 Suspension, cancellation and disqualification
Division 4 Cancellation and disqualification: penalty points
s. 35
1 35. Recording, expiry and cancellation of penalty points
2 (1) If the CEO becomes aware that a licensee, or a person who has
3 held a licence within the previous 3 years --
4 (a) has been convicted of a penalty points offence; or
5 (b) has been dealt with by infringement notice for an
6 alleged offence that is a penalty points offence,
7 the CEO must cause the penalty points offence, and the number
8 of penalty points that apply in relation to that offence, to be
9 recorded against that person in the penalty points register.
10 (2) Penalty points recorded against a person in the penalty points
11 register in relation to a penalty points offence or alleged penalty
12 points offence expire at the end of the period of 3 years after the
13 day on which the penalty points offence was committed or
14 allegedly committed.
15 (3) Penalty points recorded against a person in the penalty points
16 register on or before the day on which an excessive penalty
17 points notice is given to the person under section 38 are
18 cancelled when the notice is given.
19 36. Removal of penalty points from register
20 (1) The CEO must cause any penalty points recorded against a
21 person in the penalty points register to be removed from the
22 register --
23 (a) in the case of penalty points recorded under
24 section 35(1)(a) because a person has been convicted of
25 a penalty points offence -- if the conviction is quashed
26 or set aside; or
27 (b) in the case of penalty points recorded under
28 section 35(1)(b) because an alleged penalty points
29 offence has been dealt with by infringement notice -- if
30 the CEO is satisfied that --
31 (i) the infringement notice has been withdrawn; or
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Taxi Drivers Licensing Bill 2013
Suspension, cancellation and disqualification Part 5
Cancellation and disqualification: penalty points Division 4
s. 37
1 (ii) proceedings under the Fines, Penalties and
2 Infringement Notices Enforcement Act 1994
3 Part 3 in relation to the infringement notice have
4 been withdrawn; or
5 (iii) the matter has come before a court for
6 determination.
7 (2) Penalty points removed from the penalty points register under
8 subsection (1) are to be taken never to have been recorded.
9 (3) Subsection (1)(b) does not prevent the penalty points removed
10 from being again recorded if the alleged offender is convicted of
11 the alleged offence.
12 (4) The regulations may provide for the adjustment of the penalty
13 points register, or make any other provision necessary or
14 convenient to be made, to deal with consequences of
15 subsection (1) in a case in which, before the penalty points are
16 removed from the penalty points register, anything has been
17 done on the basis that the penalty points were recorded.
18 (5) Regulations referred to in subsection (4) may provide for
19 penalty points cancelled under section 35(3) to be again
20 recorded against a person.
21 37. Penalty points register
22 (1) The CEO is to ensure that a penalty points register is maintained
23 in accordance with this section.
24 (2) There is to be recorded in the penalty points register --
25 (a) the name of each person against whom penalty points
26 are recorded under this Subdivision; and
27 (b) against the name of each person recorded in the penalty
28 points register --
29 (i) each offence or alleged offence for which
30 penalty points are recorded against the person
31 under section 35(1); and
page 31
Taxi Drivers Licensing Bill 2013
Part 5 Suspension, cancellation and disqualification
Division 4 Cancellation and disqualification: penalty points
s. 38
1 (ii) the day on which each offence or alleged offence
2 mentioned in subparagraph (i) was committed or
3 allegedly committed; and
4 (iii) the number of penalty points recorded against the
5 person for each offence or alleged offence
6 mentioned in subparagraph (i); and
7 (iv) if an excessive penalty points notice has been
8 given to the person under section 38 -- the day
9 on which the notice was given, the number of
10 penalty points stated in the notice and the period
11 of disqualification stated in the notice; and
12 (v) if any penalty points recorded against the person
13 have expired under section 35(2) -- the number
14 of penalty points that expired and the day on
15 which this occurred; and
16 (vi) if any penalty points recorded against the person
17 have been cancelled under section 35(3) -- the
18 number of penalty points that were cancelled and
19 the day on which this occurred; and
20 (vii) if any penalty points recorded against the person
21 have been removed under section 36 -- the
22 number of penalty points that have been
23 removed;
24 and
25 (c) anything else prescribed by the regulations.
26 Subdivision 2 -- Cancellation and disqualification due to excessive
27 penalty points
28 38. Excessive penalty points notice
29 (1) The CEO must give a person a notice (an excessive penalty
30 points notice) as soon as is reasonably practicable after --
31 (a) the day on which the number of current penalty points
32 recorded against the person in the penalty points register
33 reaches at least 12, if the person, on that day, has
page 32
Taxi Drivers Licensing Bill 2013
Suspension, cancellation and disqualification Part 5
Cancellation and disqualification: penalty points Division 4
s. 38
1 continuously for at least the previous 12 months held a
2 licence that is in force; or
3 (b) the day on which the number of current penalty points
4 recorded against the person in the penalty points register
5 reaches at least 6, if the person, on that day --
6 (i) holds a licence, but has not continuously for at
7 least the previous 12 months held a licence that
8 is in force; or
9 (ii) does not hold a licence.
10 (2) An excessive penalty points notice given to a person must state
11 the following --
12 (a) if the person holds a licence -- that the licence is
13 cancelled;
14 (b) that the person is disqualified from holding or obtaining
15 a licence;
16 (c) the period prescribed by the regulations for which the
17 person is disqualified;
18 (d) the day on which the notice is given;
19 (e) the number of current penalty points reached on that
20 day;
21 (f) the day on which the cancellation (if any) takes effect
22 and the period of disqualification commences.
23 (3) If the CEO gives a person an excessive penalty points notice --
24 (a) any licence held by the person is cancelled on the day
25 stated in the notice; and
26 (b) the person is disqualified from holding or obtaining a
27 licence for the period prescribed by the regulations.
28 (4) The regulations may prescribe periods of disqualification
29 (which may be permanent) for the purposes of subsection (3)(b).
page 33
Taxi Drivers Licensing Bill 2013
Part 5 Suspension, cancellation and disqualification
Division 5 General provisions
s. 39
1 (5) Different periods of disqualification may be prescribed
2 depending on any of the following --
3 (a) the number of current penalty points reached on the day
4 the notice is given;
5 (b) whether or not the person holds a licence that is in force,
6 or the length of time that the person has continuously
7 held a licence that is in force, when the notice is given;
8 (c) whether or not the person has previously been
9 disqualified under subsection (3)(b).
10 (6) The cancellation of a licence under subsection (3)(a) has effect
11 even if the licence is suspended when the notice is given.
12 (7) Nothing in this section prevents the commencement of a period
13 of disqualification from being postponed under section 39.
14 Division 5 -- General provisions
15 39. Cumulative effect of disqualification
16 (1) This section applies if, when the period for which a person is
17 disqualified (the new disqualification period) under
18 section 33(2)(b) or 38(3)(b) would otherwise commence, the
19 person is already disqualified under either of those sections.
20 (2) The commencement of the new disqualification period is
21 postponed, and the disqualification does not have effect, until
22 the existing period of disqualification, and any period of
23 disqualification that commences subsequently, has ended.
24 (3) Postponing the commencement of the new disqualification
25 period does not reduce the new disqualification period.
page 34
Taxi Drivers Licensing Bill 2013
Suspension, cancellation and disqualification Part 5
General provisions Division 5
s. 40
1 40. Effect of permanent disqualification
2 If a person is permanently disqualified under section 33(2)(b)
3 or 38(3)(b), then despite any other provision of this Act, the
4 CEO is not required --
5 (a) to record penalty points against the person in the penalty
6 points register; or
7 (b) to give the person an excessive penalty points notice.
page 35
Taxi Drivers Licensing Bill 2013
Part 6 Enforcement
s. 41
1 Part 6 -- Enforcement
2 41. Authorised officers
3 (1) For the purposes of this Act, an authorised officer is --
4 (a) a police officer; or
5 (b) a person designated by the CEO under subsection (2).
6 (2) The CEO may designate as an authorised officer a person
7 employed in, or engaged for the purposes of, the Department.
8 (3) The CEO must ensure that each authorised officer designated
9 under subsection (2) is issued with an identity card in the
10 approved form.
11 (4) An authorised officer designated under subsection (2) must --
12 (a) carry the officer's identity card when performing
13 functions under this Act; and
14 (b) if it is practicable to do so, produce the officer's identity
15 card before exercising a power under this Act.
16 (5) In any proceedings, the production of an identity card is
17 evidence of the designation under subsection (2) of the
18 authorised officer to whom the card relates.
19 42. Powers of authorised officers
20 (1) An authorised officer may exercise the powers set out in this
21 Part for the following purposes --
22 (a) to monitor compliance with this Act, the regulations or a
23 code of conduct approved under section 29;
24 (b) to investigate a suspected contravention of this Act or
25 the regulations;
26 (c) to investigate whether there are grounds for making a
27 suspension order or cancellation order.
page 36
Taxi Drivers Licensing Bill 2013
Enforcement Part 6
s. 42
1 (2) For purposes mentioned in subsection (1), an authorised officer
2 may do any or all of the following in relation to a vehicle --
3 (a) stop and detain the vehicle for as long as is reasonably
4 necessary;
5 (b) direct the person driving the vehicle to produce for
6 inspection either or both of the following --
7 (i) the person's licence document;
8 (ii) the person's driver's licence;
9 (c) direct any person to alight from, or not to enter, the
10 vehicle;
11 (d) direct the person driving the vehicle, or any passenger,
12 to --
13 (i) give such information as is required; or
14 (ii) answer a question put to the person; or
15 (iii) state the person's name and address; or
16 (iv) produce a document or record that is in the
17 person's possession or under the person's
18 control;
19 (e) inspect the vehicle;
20 (f) inspect, retain or make copies of any document or record
21 produced under paragraph (d)(iv).
22 (3) For purposes mentioned in subsection (1), an authorised officer
23 may do any or all of the following --
24 (a) direct a person mentioned in subsection (5) --
25 (i) to give such information as is required; or
26 (ii) to answer a question put to the person;
27 (b) direct a person mentioned in subsection (5) to produce a
28 document or record that is in the person's possession or
29 under the person's control;
30 (c) inspect, retain or make copies of any document or record
31 produced under paragraph (b).
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s. 42
1 (4) For purposes mentioned in subsection (1), an authorised officer
2 may, in accordance with subsection (6), enter premises occupied
3 by a person mentioned in subsection (5) and do any or all of the
4 following at the premises --
5 (a) search the premises;
6 (b) operate a computer or other thing at the premises;
7 (c) make a copy of, take an extract from, download or print
8 out any document or record;
9 (d) seize a document or record and retain it for as long as is
10 reasonably necessary;
11 (e) direct the occupier of the place, or a person at the place,
12 to give the authorised officer such assistance as the
13 officer reasonably requires for purposes mentioned in
14 subsection (1).
15 (5) The powers in subsections (3) and (4) may be exercised in
16 relation to --
17 (a) a person who holds or has held a licence; or
18 (b) a person whom an authorised officer suspects on
19 reasonable grounds has driven a vehicle as a taxi; or
20 (c) a provider of a taxi dispatch service; or
21 (d) an owner or lessee of taxi plates issued under the Taxi
22 Act 1994 or a holder of a taxi-car licence issued under
23 the Transport Co-ordination Act 1966 Part IIIB; or
24 (e) a person who acts as an agent for a person referred to in
25 paragraph (d).
26 (6) The power to enter premises under subsection (4) must be
27 exercised --
28 (a) with the consent of the occupier; or
29 (b) under an entry warrant issued under section 44.
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s. 43
1 (7) Where under this section a person is directed to give any
2 information, answer any question or produce any document or
3 record --
4 (a) that person cannot refuse to comply with that direction
5 on the ground that the information, answer, document or
6 record may tend to incriminate the person or render the
7 person liable to any penalty; but
8 (b) the information or answer given, or document or record
9 produced, by the person is not admissible in evidence in
10 any criminal proceedings against the person other than
11 proceedings for perjury.
12 43. Application for entry warrant
13 (1) In this section --
14 remote communication means any way of communicating at a
15 distance including by telephone, fax, email and radio.
16 (2) A reference in this section to making an application includes a
17 reference to giving information in support of the application.
18 (3) An authorised officer may apply to a JP for an entry warrant
19 authorising the entry of a place for purposes mentioned in
20 section 42(1).
21 (4) The application must be made in accordance with this section
22 and must include the prescribed information (if any).
23 (5) An application must be made in person before a JP unless --
24 (a) the warrant is needed urgently; and
25 (b) the applicant reasonably suspects that a JP is not
26 available within a reasonable distance of the applicant,
27 in which case --
28 (c) the application may be made to the JP by remote
29 communication; and
30 (d) the JP must not grant it unless satisfied about the matters
31 in paragraphs (a) and (b).
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s. 43
1 (6) An application must be made in writing unless --
2 (a) the application is made by remote communication; and
3 (b) it is not practicable to send the JP written material,
4 in which case --
5 (c) the application may be made orally; and
6 (d) the JP must make a written record of the application and
7 any information given in support of it.
8 (7) An application must be made on oath unless --
9 (a) the application is made by remote communication; and
10 (b) it is not practicable for the JP to administer an oath to
11 the applicant,
12 in which case --
13 (c) the application may be made in an unsworn form; and
14 (d) if the JP issues an entry warrant, the applicant must as
15 soon as is reasonably practicable send the JP an affidavit
16 verifying the application and any information given in
17 support of it.
18 (8) If on application made by remote communication a JP issues an
19 entry warrant, the JP must if practicable send a copy of the
20 original warrant to the applicant by remote communication, but
21 otherwise --
22 (a) the JP must send the applicant by remote
23 communication any information that must be set out in
24 the warrant; and
25 (b) the applicant must complete a form of warrant with the
26 information received and give the JP a copy of the form
27 as soon as is practicable after doing so; and
28 (c) the JP must attach a copy of the form to the original
29 warrant and any affidavit received from the applicant
30 and make them available for collection by the applicant.
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s. 44
1 (9) The copy of the original warrant sent, or the form of the warrant
2 completed, as the case may be, under subsection (8) has the
3 same force and effect as the original warrant.
4 (10) If an applicant contravenes subsection (7)(d) or (8)(b), any
5 evidence obtained under the entry warrant is not admissible in
6 proceedings in court or in the State Administrative Tribunal.
7 44. Issue and content of entry warrant
8 (1) On application under section 43, a JP may issue an entry
9 warrant if satisfied that it is necessary for an authorised officer
10 to enter a place for purposes mentioned in section 42(1).
11 (2) An entry warrant must contain the following information --
12 (a) a reasonably particular description of the place to which
13 it relates;
14 (b) a reasonably particular description of the purposes for
15 which entry is required;
16 (c) if a contravention of this Act or the regulations is
17 suspected -- the provision concerned;
18 (d) the period during which it may be executed, which must
19 not be longer than 14 days;
20 (e) the name of the JP who issued it;
21 (f) the date and time when it was issued.
22 (3) An entry warrant must be in the prescribed form.
23 (4) If a JP refuses to issue an entry warrant, the JP must record on
24 the application the fact of, the date and time of, and the reasons
25 for, the refusal.
26 45. Effect of entry warrant
27 (1) An entry warrant has effect according to its content and this
28 section.
29 (2) An entry warrant comes into force when it is issued by a JP.
30 (3) An entry warrant may be executed by any authorised officer.
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s. 46
1 46. Obstructing authorised officer or not complying with
2 direction
3 (1) A person must comply with a direction given by an authorised
4 officer under this Part.
5 Penalty: a fine of $2 500.
6 (2) A person must not hinder or obstruct an authorised officer in the
7 exercise of a function under this Part.
8 Penalty: a fine of $2 500.
page 42
Taxi Drivers Licensing Bill 2013
Exchange of information Part 7
s. 47
1 Part 7 -- Exchange of information
2 47. Terms used
3 In this Part --
4 disclose includes to provide, to release and to give access to;
5 driver's licence information means --
6 (a) information about drivers' licences including --
7 (i) details of the persons who have made
8 applications for or in relation to those licences;
9 and
10 (ii) details of the persons who hold or have held
11 those licences; and
12 (iii) information contained in a driver's licence
13 register maintained under a driving authorisation
14 law;
15 or
16 (b) information about driving authorisations (other than
17 drivers' licences) obtained by the road traffic Director
18 General from an authority of another State, a Territory,
19 or another country under a road law,
20 but does not include photographs or signatures provided in
21 connection with the grant of drivers' licences or driving
22 authorisations;
23 infringement notice information means information about
24 infringement notices including information about the
25 following --
26 (a) the giving of an infringement notice to a person;
27 (b) the payment of an amount of money in accordance with
28 an infringement notice;
29 (c) the withdrawal of an infringement notice;
30 (d) a matter in relation to which an infringement notice was
31 issued coming before a court for determination;
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s. 47
1 (e) the registration of an infringement notice under the
2 Fines, Penalties and Infringement Notices Enforcement
3 Act 1994 Part 3;
4 (f) any withdrawal of proceedings under the Fines,
5 Penalties and Infringement Notices Enforcement
6 Act 1994 Part 3 in relation to the infringement notice;
7 interstate taxi authority means a person, agency or authority of
8 another State or a Territory that administers or performs
9 functions under an interstate taxi law;
10 interstate taxi law means a law of another State or a Territory
11 that deals with taxis or the authorisation of persons to drive
12 taxis;
13 law enforcement official means a person prescribed, or a person
14 of a class prescribed, by the regulations;
15 offence information means the following --
16 (a) details of the following --
17 (i) any offence with which a person has been
18 charged, or of which a person has been
19 convicted, in the State;
20 (ii) any penalty, suspension, cancellation or
21 disqualification resulting from such a conviction;
22 (b) any details the Commissioner of Police has of the
23 following --
24 (i) any offence with which a person has been
25 charged, or of which a person has been
26 convicted, elsewhere than in the State;
27 (ii) any penalty, suspension, cancellation or
28 disqualification resulting from such a conviction;
29 relevant person means a person who has applied for a licence,
30 holds a licence or has held a licence;
31 road law means --
32 (a) the Road Traffic Act 1974;
33 (b) the Road Traffic (Administration) Act 2008;
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Taxi Drivers Licensing Bill 2013
Exchange of information Part 7
s. 48
1 (c) the Road Traffic (Authorisation to Drive) Act 2008;
2 (d) the Road Traffic (Vehicles) Act 2012;
3 road traffic Director General --
4 (a) before the coming into operation of the Road Traffic
5 (Administration) Act 2008 section 4 -- means the
6 Director General as defined in the Road Traffic Act 1974
7 section 5(1); or
8 (b) after the coming into operation of the Road Traffic
9 (Administration) Act 2008 section 4 -- means the CEO
10 as defined in that section;
11 taxi driver licence information means information about
12 licences, including --
13 (a) details of the persons who have made applications under
14 this Act for or in relation to those licences; and
15 (b) details of the persons who hold or have held those
16 licences; and
17 (c) details of suspensions and cancellations of, and
18 disqualifications from holding or obtaining, those
19 licences; and
20 (d) details of charges and convictions for offences under
21 this Act;
22 traffic infringement notice information means details of the
23 instances in which a person has paid a penalty under an
24 infringement notice under a road law, obtained by the road
25 traffic Director General from the Commissioner of Police under
26 a road law.
27 48. Use of and access to information
28 The CEO may have access to and make use of the following for
29 the purposes of the performance of the CEO's functions under
30 this Act but not for any other purpose --
31 (a) information disclosed to the CEO under this Part;
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Taxi Drivers Licensing Bill 2013
Part 7 Exchange of information
s. 49
1 (b) photographs disclosed to the CEO under a driving
2 authorisation law.
3 49. Use of photographs
4 The CEO is authorised, for the purposes of producing a licence
5 document or an additional identification document in relation to
6 a licence (the taxi driver licence), to use any photograph that
7 was provided by the licensee --
8 (a) under a driving authorisation law in connection with the
9 grant of a driver's licence or learner's permit to the
10 licensee; and
11 (b) within 10 years before the taxi driver licence is granted.
12 50. Disclosure of information by CEO to Commissioner of
13 Police or other authorities
14 (1) The CEO must disclose the following information to the
15 Commissioner of Police --
16 (a) taxi driver licence information;
17 (b) any other information prescribed by the regulations.
18 (2) Information disclosed under subsection (1) --
19 (a) may be used in the performance of the Commissioner of
20 Police's functions under a written law but not for any
21 other purpose; and
22 (b) may be disclosed by the Commissioner of Police to a
23 police officer for use in the performance of the functions
24 of that officer under this Act or another written law but
25 not for any other purpose.
26 (3) The CEO may disclose the following information to a body or
27 person with whom an agreement has been made under
28 section 58 if the CEO considers that the information is required
29 for the purposes of the performance of a function under the
30 agreement --
31 (a) taxi driver licence information;
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Exchange of information Part 7
s. 51
1 (b) infringement notice information relating to any
2 infringement notice given for an alleged offence under
3 this Act;
4 (c) any information disclosed to the CEO under section 51
5 or by an interstate taxi authority;
6 (d) any other information prescribed by the regulations.
7 (4) The CEO may disclose the following information to a law
8 enforcement official if the CEO considers that the information is
9 required by the official for the purposes of the performance of
10 the official's functions --
11 (a) taxi driver licence information;
12 (b) any other information prescribed by the regulations.
13 51. Disclosure of information to CEO by Commissioner of
14 Police or other authorities
15 (1) The Commissioner of Police must disclose the following
16 information to the CEO --
17 (a) offence information about a relevant person;
18 (b) any other information prescribed by the regulations.
19 (2) The road traffic Director General must disclose the following
20 information to the CEO --
21 (a) driver's licence information about a relevant person;
22 (b) traffic infringement notice information about a relevant
23 person;
24 (c) any other information prescribed by the regulations.
25 (3) The Director General (as defined by the Taxi Act 1994
26 section 3(1)) must disclose the following information to the
27 CEO --
28 (a) information about any offence with which a relevant
29 person has been charged under the Taxi Act 1994;
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Part 7 Exchange of information
s. 52
1 (b) infringement notice information relating to any
2 infringement notice given to a relevant person for an
3 alleged offence under the Taxi Act 1994;
4 (c) any other information prescribed by the regulations.
5 (4) The Director General (as defined by the Transport
6 Co-ordination Act 1966 section 4(1)) must disclose the
7 following information to the CEO --
8 (a) information about any offence with which a relevant
9 person has been charged under the Transport
10 Co-ordination Act 1966;
11 (b) infringement notice information relating to any
12 infringement notice given to a relevant person for an
13 alleged offence under the Transport Co-ordination
14 Act 1966;
15 (c) any other information prescribed by the regulations.
16 52. Exchange of information between CEO and interstate taxi
17 authorities
18 (1) The CEO may disclose the following information to an
19 interstate taxi authority if the CEO considers that the
20 information is required by the authority for the purposes of the
21 performance of its functions --
22 (a) taxi driver licence information;
23 (b) infringement notice information relating to any
24 infringement notice given for an alleged offence under
25 this Act.
26 (2) If information disclosed under subsection (1) includes
27 information about an offence of which a person has been
28 convicted or an alleged offence for which a person has been
29 given an infringement notice, the CEO must also disclose to the
30 relevant authority --
31 (a) any quashing or setting aside of the conviction; or
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Exchange of information Part 7
s. 53
1 (b) any withdrawal of the infringement notice or the matter
2 coming before a court for determination; or
3 (c) any withdrawal of proceedings under the Fines,
4 Penalties and Infringement Notices Enforcement
5 Act 1994 Part 3 in respect of the infringement notice; or
6 (d) anything else known to the CEO concerning the offence
7 or alleged offence the disclosure of which is likely to be
8 favourable to that person.
9 (3) The CEO may seek from an interstate taxi authority any
10 information that the CEO considers is required for the purposes
11 of the performance of the CEO's functions under this Act.
12 53. Disclosures under this Part free of charge
13 A disclosure of information under this Part must be free of
14 charge.
15 54. Regulations may exempt information
16 The regulations may exempt specified information from any
17 requirement to disclose information under this Part.
page 49
Taxi Drivers Licensing Bill 2013
Part 8 Miscellaneous
s. 55
1 Part 8 -- Miscellaneous
2 55. Reviewable decisions
3 (1) In this section --
4 reviewable decision means a decision of the CEO to --
5 (a) refuse to grant a licence under section 12 or 14; or
6 (b) impose conditions on a licence under section 16(1)
7 or (2); or
8 (c) refuse an application under section 17 for the variation
9 of the conditions of a licence; or
10 (d) vary the conditions of a licence under section 18 on the
11 CEO's own initiative; or
12 (e) give a licensee a notice under section 21(2); or
13 (f) vary a notice under section 21(3)(b); or
14 (g) give a licensee a notice under section 22; or
15 (h) make a suspension order under section 30(1)(b) or (c);
16 or
17 (i) make a cancellation order under section 32.
18 (2) A person aggrieved by a reviewable decision may request the
19 CEO in writing to reconsider the decision.
20 (3) A request under subsection (2) must be made within 28 days
21 after the CEO gives the person notice under this Act of the
22 reviewable decision.
23 (4) On request under subsection (2), the CEO must reconsider the
24 decision and may confirm, alter or revoke the decision.
25 (5) A person aggrieved by a reviewable decision, or the decision
26 made by the CEO under subsection (4) on reconsidering a
27 reviewable decision, may apply to the State Administrative
28 Tribunal for a review of the decision by which the person is
29 aggrieved.
page 50
Taxi Drivers Licensing Bill 2013
Miscellaneous Part 8
s. 56
1 56. Training courses and tests
2 (1) The CEO may, for the purposes of each of
3 sections 12(1)(f), 18(1)(b) and 22(1), approve in writing either
4 or both of the following --
5 (a) one or more training courses;
6 (b) one or more tests.
7 (2) An approval under subsection (1) must --
8 (a) describe the training course or test; and
9 (b) specify the classes of person to whom the training
10 course or test applies; and
11 (c) if the approval is for the purposes of section 12(1)(f)
12 or 18(1)(b) -- specify a period of time (the qualification
13 period) commencing on the successful completion of the
14 training course or test during which a person will be
15 considered to hold the competency demonstrated by the
16 successful completion of the training course or test.
17 (3) Without limiting subsection (1), the CEO may approve different
18 training courses or tests that apply to different classes of person
19 depending on any or all of the following --
20 (a) the conditions that apply, or the conditions that the
21 person wants to apply, to a licence that the person holds
22 or for which the person has applied;
23 (b) whether or not, and under what circumstances, the
24 person has previously been disqualified;
25 (c) whether or not the person holds a licence that is in force,
26 or the length of time that the person has continuously
27 held a licence that is in force.
28 (4) The CEO may approve a training course or test under
29 subsection (1) whether that training course or test is
30 administered by the CEO or by another person or body.
31 (5) The CEO may revoke an approval under subsection (1).
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s. 57
1 (6) The CEO is authorised to administer, or cause to be
2 administered, any training course or test approved by the CEO
3 under subsection (1).
4 57. Delegation
5 (1) The CEO may delegate to a person any power or duty of the
6 CEO under another provision of this Act.
7 (2) The delegation must be in writing signed by the CEO.
8 (3) A person to whom a power or duty is delegated cannot delegate
9 that power or duty.
10 (4) A person exercising or performing a power or duty that has been
11 delegated to the person under this section is to be taken to do so
12 in accordance with the terms of the delegation unless the
13 contrary is shown.
14 (5) Nothing in this section limits the ability of the CEO to perform
15 a function through an officer or agent.
16 58. Agreements for performance of functions
17 (1) The CEO may enter into an agreement providing for the CEO's
18 functions under this Act that are described in the agreement to
19 be performed on behalf of the CEO.
20 (2) The agreement may be with the Commissioner of Police, a local
21 government, or any other person or body, whether or not the
22 person or body has itself functions of a public nature.
23 (3) A function described in the agreement may be performed --
24 (a) in accordance with the agreement; and
25 (b) on and subject to the terms and conditions of the
26 agreement.
27 (4) If the performance of a function is dependent upon the opinion,
28 belief or state of mind of the CEO it may be performed under
29 the agreement upon the opinion, belief or state of mind of the
page 52
Taxi Drivers Licensing Bill 2013
Miscellaneous Part 8
s. 59
1 body or person with whom the agreement is made or another
2 person provided for in the agreement.
3 (5) For the purposes of this Act or any other written law, an act or
4 thing done by, to, by reference to, or in relation to, a body or
5 person in connection with the performance by that body or
6 person under the agreement of a function of the CEO is as
7 effectual as if it had been done by, to, by reference to, or in
8 relation to, the CEO.
9 59. Protection from personal liability
10 (1) An action in tort does not lie against a person for anything that
11 the person has done, in good faith, in the performance or
12 purported performance of a function under this Act.
13 (2) The Minister and the State are also relieved of any liability that
14 either of them might otherwise have had for another person
15 having done anything as described in subsection (1).
16 (3) The protection given by this section applies even though the
17 thing done as described in subsection (1) may have been
18 capable of being done whether or not this Act had been enacted.
19 (4) In this section, a reference to the doing of anything includes a
20 reference to an omission to do anything.
21 (5) To avoid doubt, subsection (1) applies to a function performed
22 pursuant to an agreement referred to in section 58.
23 60. Protection of people testing or examining or giving certain
24 information
25 (1) The protection given by this section is in addition to any
26 protection given by section 59.
27 (2) Proceedings for an offence are not to be brought against a
28 person for giving or reporting to the CEO, in good faith, an
29 opinion formed as a result of having administered a training
30 course or test for the purposes of this Act.
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Part 8 Miscellaneous
s. 61
1 (3) An action in tort does not lie against a person, and proceedings
2 for an offence are not to be brought against a person, for giving
3 or reporting to the CEO, in good faith, information that
4 discloses or suggests that --
5 (a) another person may be mentally or physically unfit to
6 drive a vehicle as a taxi; or
7 (b) another person may not be a fit and proper person to
8 hold a licence; or
9 (c) it may be dangerous to --
10 (i) grant a licence to another person; or
11 (ii) allow another person to hold a licence; or
12 (iii) vary, or not to vary, the conditions of a licence.
13 61. Publication of certain approvals
14 The CEO must ensure that an approval in force under any of the
15 following provisions is published on a website maintained by
16 the Department --
17 (a) section 24(1);
18 (b) section 25(1)(b) and (2);
19 (c) section 26;
20 (d) section 27(1) and (2);
21 (e) section 56(1).
22 62. Regulations
23 (1) The Governor may make regulations prescribing all matters that
24 are required or permitted by this Act to be prescribed, or are
25 necessary or convenient to be prescribed for giving effect to the
26 purposes of this Act.
27 (2) Without limiting subsection (1), regulations may be made as to
28 the following --
29 (a) the classes of vehicle that persons may be authorised to
30 drive as a taxi;
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Miscellaneous Part 8
s. 62
1 (b) applications under this Act;
2 (c) conferring power on the CEO to conduct any check
3 (including a criminal record check or traffic record
4 check) that the CEO considers appropriate as to the
5 character and background of a person for the purpose of
6 determining whether the person is a fit and proper
7 person to hold a licence;
8 (d) requiring an applicant for a licence to provide any
9 document (including a criminal record check or traffic
10 record check) or information relevant to whether the
11 applicant is a fit and proper person to hold a licence;
12 (e) requiring a licensee who has applied for the variation of
13 the conditions of the licence to provide any document
14 (including a criminal record check or traffic record
15 check) or information relevant to whether the variation
16 is appropriate in the circumstances;
17 (f) requiring a licensee from time to time to provide any
18 document (including a criminal record check or traffic
19 record check) or information relevant to whether the
20 licensee is a fit and proper person to hold a licence or to
21 whether the conditions of the licence are appropriate;
22 (g) the replacement of lost or stolen licence documents or
23 additional identification documents;
24 (h) requiring a licensee to surrender any document issued to
25 the licensee in connection with the licence;
26 (i) the grant of exemptions, with or without conditions,
27 from any requirement under this Act (including a
28 requirement to pay a fee or charge);
29 (j) records to be kept in relation to matters under this Act;
30 (k) the giving of notices or other documents under this Act
31 or the circumstances in which notices or other
32 documents under this Act are to be taken to have been
33 given;
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Part 8 Miscellaneous
s. 62
1 (l) fees and charges payable in relation to any matter under
2 this Act, including but not limited to --
3 (i) applications;
4 (ii) the grant of licences (including by way of
5 renewal);
6 (iii) the administration of any training course or test
7 by or on behalf of the CEO for the purposes of
8 this Act (including for failure to attend a training
9 course or test);
10 (iv) the variation of conditions of licences;
11 (v) the issue or replacement of licence documents or
12 additional identification documents;
13 (m) providing that a contravention of a regulation is an
14 offence and providing for a penalty not exceeding a fine
15 of $2 500.
page 56
Taxi Drivers Licensing Bill 2013
Transitional provisions Part 9
s. 63
1 Part 9 -- Transitional provisions
2 63. Terms used
3 In this Part --
4 commencement day means the day on which Part 2 comes
5 operation under section 2(f);
6 endorsed with extension T, in relation to a driver's licence,
7 means that the driver's licence has been endorsed with
8 extension T in accordance with regulations made under a
9 driving authorisation law;
10 pre-commencement licence means a licence granted under
11 section 12 or 64 during the pre-commencement period;
12 pre-commencement period means the period beginning on
13 proclamation day and ending immediately before
14 commencement day;
15 proclamation day means the day fixed under section 2(b).
16 64. Grant of licences during pre-commencement period to
17 persons holding drivers' licences endorsed with extension T
18 (1) An individual who holds a driver's licence that is endorsed with
19 extension T may apply to the CEO for the grant of a taxi driver
20 licence under subsection (3).
21 (2) An application under subsection (1) must --
22 (a) be made on or before the day that is 5 months after
23 proclamation day; and
24 (b) be in the approved form; and
25 (c) specify --
26 (i) each class of vehicle that the applicant wants to
27 be authorised to drive as a taxi; and
28 (ii) each designated area in which the applicant
29 wants to be authorised to drive a vehicle as a
30 taxi;
page 57
Taxi Drivers Licensing Bill 2013
Part 9 Transitional provisions
s. 64
1 and
2 (d) be accompanied by the prescribed application fee (if
3 any).
4 (3) The CEO must, on application under subsection (1), grant the
5 applicant a licence during the pre-commencement period if the
6 CEO is satisfied that --
7 (a) the applicant holds a driver's licence endorsed with
8 extension T; and
9 (b) the extension T endorsement has not lapsed because of a
10 failure to comply with a requirement under regulations
11 made under a driving authorisation law to provide a
12 written report of a medical examination; and
13 (c) for each applicable training course or test (if any) --
14 (i) the applicant has successfully completed the
15 training course or test; and
16 (ii) the qualification period has not expired since the
17 applicant completed the training course or test;
18 and
19 (d) the applicant meets any other criteria prescribed by the
20 regulations.
21 (4) Sections 19 and 55 apply to a decision made under
22 subsection (3) as if that decision were a decision made under
23 section 12.
24 (5) Section 56 applies to the approval of a training course or test for
25 the purposes of subsection (3)(c) --
26 (a) as if that approval were for the purposes of
27 section 12(1)(f); and
28 (b) as if the reference in section 56(3)(c) to the length of
29 time that the person has continuously held a licence that
30 is in force were a reference to the length of time that the
31 person has continuously held a driver's licence that is in
32 force and is endorsed with extension T.
page 58
Taxi Drivers Licensing Bill 2013
Transitional provisions Part 9
s. 65
1 65. Section 64 licence taken to be taxi driver licence
2 On and after commencement day, a licence granted under
3 section 64 is to be taken, for the purposes of this Act (other than
4 this Part), to be a taxi driver licence granted under section 12.
5 66. Section 64 licence of no effect unless driver's licence
6 endorsed with extension T at commencement day
7 A licence granted under section 64 is, by force of this section, of
8 no effect if, immediately before commencement day, the person
9 to whom the licence is granted no longer holds a driver's licence
10 endorsed with extension T.
11 67. Special provisions about pre-commencement licences
12 Despite section 65 --
13 (a) section 15 applies in respect of a pre-commencement
14 licence as if --
15 (i) section 15(1) provided that the licence comes
16 into force on commencement day; and
17 (ii) section 15(2) provided that the expiry day was a
18 day specified by the CEO that is at least one
19 year, but no more than 2 years, after
20 commencement day;
21 and
22 (b) sections 17 and 18 apply during the pre-commencement
23 period in respect of a pre-commencement licence; and
24 (c) section 21(1)(b) applies in respect of a person to whom a
25 licence is granted under section 64 as if a written report
26 of a medical examination provided to the CEO before
27 commencement day in accordance with a requirement
28 under a driving authorisation law were an approved
29 medical report given to the CEO by the person in
30 accordance with a requirement under this Act; and
page 59
Taxi Drivers Licensing Bill 2013
Part 9 Transitional provisions
s. 68
1 (d) sections 33(6)(c) and 38(1) and (5)(b) apply in respect
2 of a person to whom a pre-commencement licence is
3 granted as if the person had continuously held a licence
4 that is in force during the total period that the person has
5 continuously held one of the following --
6 (i) a driver's licence that is in force and is endorsed
7 with extension T;
8 (ii) a licence that is in force.
9 68. Driver's licence may be endorsed with extension T if
10 pre-commencement licence granted
11 The Director General (as defined in the Road Traffic Act 1974)
12 may, during the pre-commencement period, make an
13 extension T endorsement on a person's driver's licence under a
14 driving authorisation law, despite the person not applying for
15 the endorsement, if --
16 (a) a pre-commencement licence is granted to the person
17 under section 12; and
18 (b) when the licence is granted, the person does not hold a
19 driver's licence that is endorsed with extension T.
20 69. Application for extension T endorsement made before
21 proclamation day
22 On and after proclamation day, an application made under a
23 driving authorisation law for a driver's licence to be endorsed
24 with extension T that was made but not decided before
25 proclamation day is to be taken, for the purposes of this Act, to
26 be an application for a taxi driver licence made under
27 section 11.
page 60
Taxi Drivers Licensing Bill 2013
Consequential amendments Part 10
Road Traffic Act 1974 amended Division 1
s. 70
1 Part 10 -- Consequential amendments
2 Division 1 -- Road Traffic Act 1974 amended
3 70. Act amended
4 This Division amends the Road Traffic Act 1974.
5 71. Section 42E amended
6 After section 42E(6) insert:
7
8 (7A) Subsection (6) does not apply to a person who
9 reproduces a photograph provided under this section --
10 (a) as a result of its disclosure under section 44AD;
11 and
12 (b) in the administration of the Taxi Drivers
13 Licensing Act 2013.
14
15 72. Section 44AA amended
16 In section 44AA insert in alphabetical order:
17
18 CEO (taxi drivers licensing) means the CEO as
19 defined in the Taxi Drivers Licensing Act 2013
20 section 3(1);
21
22 73. Section 44AD inserted
23 At the end of Part IVA Division 4A insert:
24
25 44AD. Disclosure to CEO (taxi drivers licensing)
26 The Director General may disclose photographs to the
27 CEO (taxi drivers licensing) for the purposes of the
page 61
Taxi Drivers Licensing Bill 2013
Part 10 Consequential amendments
Division 2 Road Traffic (Authorisation to Drive) Act 2008 amended
s. 74
1 performance of the functions of the CEO (taxi drivers
2 licensing) under the Taxi Drivers Licensing Act 2013.
3
4 Division 2 -- Road Traffic (Authorisation to Drive)
5 Act 2008 amended
6 74. Act amended
7 This Division amends the Road Traffic (Authorisation to Drive)
8 Act 2008.
9 75. Section 9 amended
10 After section 9(7) insert:
11
12 (8) Subsection (7) does not apply to a person who
13 reproduces a photograph provided under this section --
14 (a) as a result of its disclosure under section 11E;
15 and
16 (b) in the administration of the Taxi Drivers
17 Licensing Act 2013.
18
19 76. Section 11B amended
20 In section 11B insert in alphabetical order:
21
22 CEO (taxi drivers licensing) means the CEO as
23 defined in the Taxi Drivers Licensing Act 2013
24 section 3(1);
25
page 62
Taxi Drivers Licensing Bill 2013
Consequential amendments Part 10
Road Traffic Legislation Amendment Act 2012 amended Division 3
s. 77
1 77. Section 11E inserted
2 At the end of Part 2 Division 3A insert:
3
4 11E. Disclosure to CEO (taxi drivers licensing)
5 The CEO may disclose photographs to the CEO (taxi
6 drivers licensing) for the purposes of the performance
7 of the functions of the CEO (taxi drivers licensing)
8 under the Taxi Drivers Licensing Act 2013.
9
10 Division 3 -- Road Traffic Legislation Amendment
11 Act 2012 amended
12 78. Act amended
13 This Division amends the Road Traffic Legislation Amendment
14 Act 2012.
15 79. Section 191 deleted
16 Delete section 191.
17 Division 4 -- State Administrative Tribunal Act 2004 amended
18 80. Act amended
19 This Division amends the State Administrative Tribunal
20 Act 2004.
21 81. Schedule 1 amended
22 In Schedule 1 insert in alphabetical order:
23
24 Taxi Drivers Licensing Act 2013
25
page 63
Taxi Drivers Licensing Bill 2013
Part 10 Consequential amendments
Division 5 Taxi Act 1994 amended
s. 82
1 Division 5 -- Taxi Act 1994 amended
2 82. Act amended
3 This Division amends the Taxi Act 1994.
4 83. Section 16 amended
5 After section 16(8)(c) insert:
6
7 (da) any conviction of an applicant of an offence, or
8 any infringement notice given to an applicant
9 (and not later withdrawn) in respect of an
10 alleged offence, under the Taxi Drivers
11 Licensing Act 2013 or an Act of another State
12 or a Territory corresponding to that Act; and
13
14 84. Section 29 amended
15 Delete section 29(1)(e) and insert:
16
17 (e) complaint resolution;
18 (f) steps to be taken by the provider to ensure that
19 the taxi dispatch services that it provides are
20 not used by taxi drivers who do not hold
21 licences granted under the Taxi Drivers
22 Licensing Act 2013,
23
24 85. Section 40 amended
25 In section 40:
26 (a) delete:
27
28 (h) regulating the conduct and behaviour of taxi
29 drivers in relation to the provision of taxi
30 services;
31
page 64
Taxi Drivers Licensing Bill 2013
Consequential amendments Part 10
Transport Co-ordination Act 1966 amended Division 6
s. 86
1 (b) delete:
2
3 (k) regulating the circumstances under which a driver
4 may refuse to accept a passenger or may
5 terminate a hiring;
6
7 Division 6 -- Transport Co-ordination Act 1966 amended
8 86. Act amended
9 This Division amends the Transport Co-ordination Act 1966.
10 87. Section 47ZE deleted
11 Delete section 47ZE.
12 88. Section 47ZF amended
13 In section 47ZF(1):
14 (a) delete paragraph (q);
15 (b) in paragraph (u) delete "and holders of taxi-car drivers'
16 licences".
page 65
Taxi Drivers Licensing Bill 2013
Part 11 Repeals
s. 89
1 Part 11 -- Repeals
2 89. Part 10 Division 1 repealed if not commenced
3 If Part 10 Division 1 of this Act does not come into operation
4 under section 2(c)(ii) of this Act, delete Part 10 Division 1 on
5 the day fixed under section 2(b).
6 90. Part 10 Division 3 repealed if not commenced
7 If Part 10 Division 3 of this Act does not come into operation
8 under section 2(e)(ii) of this Act, delete Part 10 Division 3 on
9 the day on which section 87 comes into operation under
10 section 2(f).
11
page 66
Taxi Drivers Licensing Bill 2013
Defined terms
Defined terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined term Provision(s)
additional identification document................................................................... 3(1)
applicable training course or test ..................................................................... 3(1)
approved .......................................................................................................... 3(1)
approved medical report .................................................................................. 3(1)
authorised officer ............................................................................................. 3(1)
cancellation order.................................................................................. 3(1), 32(1)
CEO ................................................................................................................. 3(1)
class ................................................................................................................. 3(1)
commencement day ........................................................................................... 63
Commissioner of Police ................................................................................... 3(1)
conviction ........................................................................................................ 3(1)
criminal record check....................................................................................... 3(1)
current penalty points....................................................................................... 3(1)
dealt with by infringement notice .................................................................... 3(1)
Department ...................................................................................................... 3(1)
designated area................................................................................................. 3(1)
disclose ............................................................................................................... 47
disqualification offence .................................................................................... 3(1)
disqualified ...................................................................................................... 3(1)
drive a vehicle as a taxi .................................................................................... 3(1)
driver ................................................................................................................ 9(1)
driver's licence ................................................................................................. 3(1)
driver's licence information ................................................................................ 47
driving authorisation ........................................................................................ 3(1)
driving authorisation law ................................................................................. 3(1)
endorsed with extension T .................................................................................. 63
excessive penalty points notice ............................................................. 3(1), 38(1)
expiry day ...................................................................................................... 15(2)
foreign driving authorisation............................................................................ 3(1)
identifying details .......................................................................................... 10(1)
infringement notice .......................................................................................... 3(1)
infringement notice information ......................................................................... 47
interstate taxi authority ....................................................................................... 47
interstate taxi law ................................................................................................ 47
law enforcement official ..................................................................................... 47
learner's permit ................................................................................................ 3(1)
licence .............................................................................................................. 3(1)
licence document ............................................................................................. 3(1)
licensee ............................................................................................................ 3(1)
page 67
Taxi Drivers Licensing Bill 2013
Defined terms
medical practitioner ......................................................................................... 3(1)
new disqualification period ............................................................................ 39(1)
notifiable condition .......................................................................................... 3(1)
offence information............................................................................................. 47
Part 4 ..................................................................................................................... 2
penalty points offence ...................................................................................... 3(1)
penalty points register ...................................................................................... 3(1)
pre-commencement licence ................................................................................ 63
pre-commencement period.................................................................................. 63
proclamation day............................................................................................. 2, 63
provider ............................................................................................................ 3(1)
qualification period ............................................................................... 3(1), 56(2)
relevant person .................................................................................................... 47
remote communication .................................................................................. 43(1)
reviewable decision........................................................................................ 55(1)
road law .............................................................................................................. 47
road traffic Director General ............................................................................... 47
suspended ......................................................................................................... 3(1)
suspension order ................................................................................... 3(1), 30(1)
taxi dispatch service ......................................................................................... 3(1)
taxi driver licence....................................................................................... 3(1), 49
taxi driver licence information ............................................................................ 47
test .................................................................................................................... 3(1)
traffic infringement notice information............................................................... 47
traffic record check .......................................................................................... 3(1)
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