Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014

Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014

No. 35 of 2014

table of provisions

SectionPage

Part 1—Preliminary

1Purposes

2Commencement

3Principal Act

Part 2—Amendment of Transport (Compliance
and Miscellaneous) Act 1983

Division 1—Taxi industry accreditation amendments

4Purpose of accreditation

5Definitions and interpretative provisions

6Offence for taxi-cab operator not to be accredited

7Offence for provider of taxi-cab network services not to be accredited

8Making of application

9Time within which licensing authority must deal with
application

10Circumstances in which application may be approved

11Section 132C substituted

132CAccreditation lasts until cancelled or surrendered

12Mandatory refusal of accreditation

13Presumption in favour of refusal of accreditation

14Discretionary refusal of accreditation

15Heading to Subdivision 4 of Division 4 of Part VI amended

16Restrictions and conditions concerning accreditation

17Offence to fail to comply with conditions etc.

18Section 133C repealed

19Issue of certificate of accreditation

20Return of certificate of accreditation

21Improvement notices

22New Subdivision 6A of Division 4 of Part VI inserted

Subdivision 6A—Internal review

135IDefinitions

135JMeaning of reviewable decision

135KApplication for internal review

135LEffect of decision on application

135MDetermination of application for internal review

23Heading to Subdivision 7 of Division 4 of Part VI substituted

24Review of decision by VCAT

25Holder of accreditation to notify of relevant change in circumstances

26False representation in relation to accreditation

27Regulations

28Review by Tribunal of licence cancellation etc.

29Transfers of licences

30Effect on taxi-cab licences of certain outcomes

Division 2—Driver accreditation amendments

31Matters to be considered by the licensing authority when issuing or renewing an accreditation

32New sections 169MA to 169MC inserted

169MAApplication for internal review

169MBEffect of decision on application

169MCDetermination of application for internal review

33Review of decision by VCAT

Division 3—Taxi industry participant register amendments

34Definitions

35New Division 6A of Part VI inserted

Division 6A—Register of taxi industry participants

Subdivision 1—Register and public version of register

169ZARegister of taxi industry participants

169ZBPublic version of the register

169ZCCorrections of register

Subdivision 2—Restriction of public access to information

169ZDWhat happens when information is included on the register?

169ZENotification that information to be made publicly available

169ZFApplication to restrict public access

169ZGDetermination of application

169ZHNotification of determination

169ZIRights of review

Division 4—Taxi industry compliance and investigation powers amendments

36New Subdivision 5B of Division 9A of Part VI inserted

Subdivision 5B—Taxi industry monitoring, compliance and enforcement policy

191YEDefinitions

191YFTSC to develop, maintain and review taxi industry monitoring, compliance and enforcement policy

191YGTSC must coordinate and support implementation

191YHTSC must consult when developing or reviewing taxi industry monitoring, compliance and enforcement
policy

191YIContent of taxi industry monitoring, compliance and enforcement policy

191YJTaxi industry monitoring, compliance and enforcement policy to be had regard to

37New Division 4ABA of Part VII inserted

Division 4ABA—Enforcement of commercial passenger vehicle laws

Subdivision 1—Interpretation

228RADefinitions

228RBMeaning of specified person

Subdivision 2—Taxi compliance officers

228RCAppointment

228RDIdentity cards

228REReturn of identity cards

228RFProduction of identity card

228RGTaxi compliance officers subject to TSC's direction

228RHOffence to impersonate a taxi compliance officer

Subdivision 3—Powers of entry

228RIPower of entry

228RJRequirements applying to entry when persons not present

228RKNotification of entry without prior notice to any
person

228RLProcedure for entry with consent

Subdivision 4—Inspection, inquiry, search and seizure powers

228RMGeneral inspection, inquiry and search powers

Subdivision 5—Search warrants

228RNSearch warrant

228ROSeizure of things not mentioned in the warrant

228RPAnnouncement before entry

228RQCopy of warrant to be given to occupier

Subdivision 6—Ancillary investigatory powers

228RRUse or seizure of electronic equipment

228RSUse of equipment to examine or process things

Subdivision 7—Seized things

228RTReceipt for seized things

228RUCopies of certain seized things to be given

228RVReturn of seized things

228RWMagistrates' Court may extend period

228RXForfeiture of seized thing

Subdivision 8—Directions

228RYPower to require production of information or documents and related items

228RZManner in which directions under section 228RY may
be given

Subdivision 9—Miscellaneous provisions relating to enforcement powers

228RZAUse of force

228RZBManner in which taxi compliance officers must exercise powers

228RZCCompensation for damage caused during exercise of powers under this Division

228RZDAbrogation of privilege against self-incrimination

228RZELegal professional privilege not abrogated

Subdivision 10—Review of decisions

228RZFReviewable decisions

228RZGReview by TSC

228RZHReview by VCAT

Subdivision 11—Regulations

228RZIRegulations

38Criminal liability of officers of bodies corporate—failure to exercise due diligence

Division 5—Abolition of Public Transport Fund amendments

39Section 11 repealed

40Financial assistance to train drivers following fatal incidents

41New Division 11 inserted in Part VIII

Division 11—Transitional provisions—Transport
Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014

351Definitions

352Continuation of Public Transport Fund

353Specification of money to be transferred

354Transfer of money and abolition of old fund

355References to old fund

Division 6—Other amendments

42Regulations

43Definition of taxi non-cash payment transaction

44Tests, qualifications and other requirements

45New Division 1C of Part VIII inserted

Division 1C—Wheelchair accessible taxi-cab fixed term licence fee instalment amounts

246CZEDefinitions

246CZFInstalment amounts for licence fees for WAT fixed term licences changed

246CZGSet off of excess licence fee payments

246CZHRevocation of 2014 amending Order

46Statute law revision

Part 3—Amendment of Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013

47Taxi-cab zones

48Licensing authority may vary Zone conditions for pre-booked taxi cab

49Transfers of licences

50Implied conditions as to fares or hiring rates

51Powers in relation to fares regulation

Division 5AB—Notification, publication and monitoring
of taxi fares and hiring rates in the Regional and Country Zones

162EALicensing authority to be notified of maximum taxi
fares and hiring rates in Regional and Country
Zones

162EBLicensing authority must publish maximum taxi
fares and hiring rates in Regional and Country
Zones

162ECOperators of taxi-cabs in Regional and Country
Zones must notify hirers of maximum fares and
hiring rates

162EDESC to monitor prices, costs and return on assets
in Regional and Country Zones

52Driver agreements

Subdivision 2A—Preliminary assistance in dispute
resolution

162MAReferral of disputes to TSC

162MBMinister may refer dispute directly to the Tribunal

162MCUnresolved disputes may be referred to Small Business Commissioner or the Tribunal

162PASmall Business Commissioner may issue
certificates

162PBParties may apply to the Tribunal

162QJurisdiction of the Tribunal

162RTime limits for certain complaints

Part 4—Amendment of Transport Integration Act 2010

53General fund

54Functions of Taxi Services Commission

55Definitions—Part 7A

56Section 197B substituted

197BResolution of conflict by regulators

57Determination by the Minister or Ministers

58Regulators subject to guidelines and directions

Part 5—Amendment of Other Acts

Division 1—Heavy Vehicle National Law Application Act 2013

59Definitions

60Authorised officer

61Persons who may commence proceedings for offences

Division 2—Ombudsman Act 1973

62Ombudsman Act 1973 amendment—taxi compliance officers

Division 3—Road Safety Amendment (Operator Onus) Act 2012

63Statute law revision

Part 6—Repeal of Amending Act

64Repeal of amending Act

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Endnotes

SectionPage

Victoria

SectionPage

Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014[†]

No. 35 of 2014

[Assented to 13 May 2014]

Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014
No. 35 of 2014

The Parliament of Victoriaenacts:

Part 6—Repeal of Amending Act

Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014
No. 35 of 2014

Part 1—Preliminary

1Purposes

The main purposes of this Act are—

(a)to amend the Transport (Compliance and Miscellaneous) Act 1983—

(i)to reduce and streamline taxi industry accreditation requirements; and

(ii)provide for a new regime for the monitoring and investigation of compliance with commercial passenger vehicle laws and the enforcement of those laws, including the appointment of taxi compliance officers whose role will be to exercise the monitoring, investigation and enforcement powers under the new regime; and

(iii)to establish a Register of taxi industry participants; and

(iv)to abolish the Public Transport Fund; and

(v) to make further provision in relation to the regulation of taxi non-cash payment transactions; and

s. 1

(vi)to make further provision for the making of regulations in relation to the parking of vehicles at train stations and similar parking places; and

(b)to amend the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013—

(i)to enable taxi-cab operators in the Regional Zone or the Country Zone to determine their own maximum fares or hiring rates and notify the Taxi Services Commission and hirers of them; and

(ii)to empower the Essential Services Commission to monitor prices, costs and return on assets in the taxi industry in the Regional Zone and the Country Zone; and

(iii)to improve the system for resolving disputes concerning the conditions of a driver agreement and expand the range of orders that VCAT can make in relation to such disputes; and

(iv)to enable the Taxi Services Commission to vary the zoning conditions for pre-booked work; and

(v)to enable taxi-cab zones to overlap at Avalon Airport; and

(c)to amend the Transport Integration Act 2010—

(i) to make further provision in relation to the Taxi Services Commission's functions; and

(ii)to extend the application of the statutory scheme for the resolution of regulatory conflict under Part 7A to transport system agencies, Transport Corporations and the National Rail Safety Regulator; and

s. 1

(d)to amend the Heavy Vehicle National Law Application Act 2013 to make miscellaneous amendments to improve the operation of that Act; and

(e)to amend the Ombudsman Act 1973 to extend the jurisdiction of the Ombudsman to administrative actions of taxi compliance officers; and

(f)to amend the Transport (Compliance and Miscellaneous) Act 1983 and the Road Safety Amendment (Operator Onus) Act 2012 to make statute law revisions.

2Commencement

s. 2

(1)This Part, sections 45 and 46, Part 3 and Divisions 1 and 3 of Part 5 come into operation on the day after the day on which this Act receives the Royal Assent.

(2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3) If a provision referred to in subsection (2) does not come into operation before 1 March 2015, it comes into operation on that day.

3Principal Act

See:
Act No.
9921.
Reprint No. 18
as at
27 March 2013
and amending
Act Nos
34/2011, 9/2013, 22/2013, 23/2013, 30/2013, 32/2013, 36/2013, 43/2013, 70/2013 and 80/2013.
LawToday:
www.
legislation.
vic.gov.au

In this Act, the Transport (Compliance and Miscellaneous) Act 1983 is called the Principal Act.

______

Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983

Division 1—Taxi industry accreditation amendments

4Purpose of accreditation

s. 4

In section 130 of the Principal Act, for "safe, reliable and efficient" substitute "safe and reliable".

5Definitions and interpretative provisions

Section 130A(5) of the Principal Act is repealed.

6Offence for taxi-cab operator not to be accredited

For the penalty at the foot of section 131 of the Principal Act substitute—

"Penalty:In the case of a natural person, 60 penalty units;

In the case of a body corporate, 300 penalty units.".

7Offence for provider of taxi-cab network services not to be accredited

For section 131A(2)(b) of the Principal Act substitute—

"(b) in the case of any kind of taxi-cab network service—

(i)a driver or the operator of a taxi-cab who—

(A)provides the service; and

(B)is a member of an unincorporated body or association comprising drivers and operators of taxi-cabs that is accredited to provide that service; or

(ii)an operator of a taxi-cab who provides the service to—

(A)a driver of the taxi-cab; or

(B)a relevant person in relation to the operator.".

8Making of application

s. 8

(1)Section 132(1)(a) of the Principal Act is repealed.

(2)In section 132(5) of the Principal Act omit "a taxi-cab licence holder or".

9Time within which licensing authority must deal with application

In section 132A(1) of the Principal Act, for "90" substitute "30".

10Circumstances in which application may be approved

In the note at the foot of section 132B of the Principal Act omit "and for business and service standards that must be met".

11Section 132C substituted

For section 132C of the Principal Act substitute—

"132C Accreditation lasts until cancelled or surrendered

An accreditation remains in force until it is cancelled or surrendered.

Note

Section 135D provides that a person is taken not to hold an accreditation during any period in which the accreditation is suspended.".

12Mandatory refusal of accreditation

s. 12

(1)In section 132D(1)(b) of the Principal Act—

(a)in subparagraph (i), for "accreditation; or" substitute "accreditation.";

(b)subparagraphs (ii), (iii) and (iv) are repealed.

(2)Section 132D(2) and (3) of the Principal Act are repealed.

13Presumption in favour of refusal of accreditation

Section 132E(a) of the Principal Act is repealed.

14Discretionary refusal of accreditation

Section 132F(3)(a) of the Principal Act is repealed.

15Heading to Subdivision 4 of Division 4 of Part VI amended

In the heading to Subdivision 4 of Division 4 of Part VI of the Principal Act omit "and business and service standards".

16Restrictions and conditions concerning accreditation

Section 133(4) and (5) of the Principal Act are repealed.

17Offence to fail to comply with conditions etc.

In the penalty at the foot of section 133B of the Principal Act—

(a)omit "taxi-cab licence holder or";

(b)for "units;" substitute "units for a natural person and 150 penalty units for a body corporate;".

18Section 133C repealed

s. 18

Section 133C of the Principal Act is repealed.

19Issue of certificate of accreditation

(1)Section 134(1)(b)(v) of the Principal Act is repealed.

(2)Section 134(2) of the Principal Act is repealed.

20Return of certificate of accreditation

In section 135E(2) of the Principal Act, for "has not expired" substitute "is not cancelled".

21Improvement notices

(1)Section 135F(1)(a)(ii) of the Principal Act is repealed.

(2)In section 135F(1)(c)(i) of the Principal Act omit "or an applicable business or service standard".

(3)In section 135F(2)(b) of the Principal Act, for "limitation, standard" substitute "limitation".

(4) In section 135F(4)(b) of the Principal Act omit "and efficient".

(5) For the penalty at the foot of section 135F(5) of the Principal Act substitute—

"Penalty:In the case of a natural person, 120 penalty units;

In the case of a body corporate, 600 penalty units.".

22New Subdivision 6A of Division 4 of Part VI inserted

s. 22

After section 135H of the Principal Act insert—

"Subdivision 6A—Internal review

135IDefinitions

(1)In this Subdivision—

eligible person means a person—

(a) who is—

(i)an applicant for accreditation; or

(ii)an accredited person; or

(iii)a relevant person in relation to an applicant for accreditation or an accredited person; and

(b) whose interests are affected by a reviewable decision;

reviewable decision has the meaning given by section 135J.

135JMeaning of reviewable decision

(1)A reviewable decision is a decision—

(a)to refuse an application for accreditation; or

(b)to disqualify a person from applying for accreditation; or

(c)to impose a condition, restriction or other limitation on an accreditation; or

(d)to vary or revoke a condition, restriction or other limitation on an accreditation; or

(e)to take disciplinary action; or

(f)to serve an improvement notice.

(2) A reviewable decision does not include—

(a)a decision referred to in subsection (1) that was—

(i) affirmed, varied or substituted for another decision under section 135M; or

(ii) made by the licensing authority and not by a delegate of the licensing authority; or

(b)a decision in respect of which an application may be made under section 136(1A) for an order in respect of the decision.

135K Application for internal review

s. 22

(1)An eligible person may apply to the licensing authority for review of a reviewable decision.

Note

Section 136A provides for the review by VCAT of a reviewable decision.

(2)An application under subsection (1) must be made within—

(a)28 days after the day on which the decision first came to the eligible person's notice; or

(b)such longer period as the licensing authority allows.

(3)An application under subsection (1) must be made in the manner and form determined by the licensing authority.

135LEffect of decision on application

(1)An application under section 135K(1) does not affect the operation of the reviewable decision or prevent the taking of any action to implement it unless the licensing authority, on its own initiative or on the application of the applicant for review, stays the operation of the decision pending the determination of the internal review.

(2)The licensing authority must make a decision on an application for a stay within 24 hours after the making of the application.

(3)If the licensing authority has not made a decision in accordance with subsection (2), the licensing authority is taken to have made a decision to grant a stay.

(4)The licensing authority may attach any conditions to a stay of the operation of a reviewable decision that the licensing authority considers appropriate.

135M Determination of application for internal review

s. 22

(1)If an application is made to the licensing authority in accordance with section 135K, the licensing authority must make a fresh decision—

(a)that affirms or varies the reviewable decision; or

(b)that sets aside the reviewable decision and substitutes another decision that the licensing authority considers appropriate.

(2)The licensing authority must give a written notice to the applicant setting out—

(a)the decision of the licensing authority under subsection (1) and the reasons for the decision; and

(b)the findings on material questions of fact that led to the decision, referring to the evidence or other material on which those findings were based—

and must do so within 28 days after the application is made.

(3)If the licensing authority has not notified an applicant of a decision in accordance with subsection (2), the licensing authority is taken to have made a decision to affirm the reviewable decision.".

23Heading to Subdivision 7 of Division 4 of Part VI substituted

s. 23

For the heading to Subdivision 7 of Division 4 of Part VI of the Principal Act substitute—

"Subdivision 7—Jurisdiction of VCAT".

24Review of decision by VCAT

(1)For section 136A(1) and (2) of the Principal Act substitute—

"(1)An eligible person may apply to VCAT for review of a reviewable decision.".

(2) After section 136A(3) of the Principal Act insert—

"(4)In this section—

eligible person has the same meaning as in Subdivision 6A;

reviewable decision means a decision—

(a)to refuse an application for accreditation; or

(b)to disqualify a person from applying for accreditation; or

(c)to impose a condition, restriction or other limitation on an accreditation; or

(d)to vary or revoke a condition, restriction or other limitation on an accreditation; or

(e)to take disciplinary action; or

(f)to serve an improvement notice.".

25Holder of accreditation to notify of relevant change in circumstances

s. 25

(1)Section 137A(2)(b) of the Principal Act is repealed.

(2) In section 137A(4)(a) of the Principal Act omit "as a taxi-cab licence holder or".

(3) In section 137A(5) of the Principal Act omit "for the remainder of the period of the accreditation".

26False representation in relation to accreditation

For the penalty at the foot of section 137C of the Principal Act substitute—

"Penalty:In the case of a natural person, 30 penalty units;

In the case of a body corporate, 150 penalty units.".

27Regulations

s. 27

(1)In section 137E(2)(c) of the Principal Act, for "records." substitute "records;".

(2)After section 137E(2)(c) of the Principal Act insert—

"(d) the safety of taxi-cab drivers, customers and members of the public;

(e) customer service;

(f)complaint handling processes;

(g) education and training;

(h) in the case of an accreditation as a provider of taxi-cab network services, a requirement to implement disciplinary procedures that are to apply when a taxi-cab driver or operator to whom the provider provides taxi-cab network services fails to comply with the agreement under which those services are provided.".

28Review by Tribunal of licence cancellation etc.

In section 146C(1)(c) of the Principal Act, after "the licence" insert "(other than by revoking a condition)".

29Transfers of licences

(1)In section 149(2)(b) of the Principal Act, for "156A(2) or (6)" substitute "156A(6)".

(2)For section 149(3)(a) of the Principal Act substitute—

"(a)other than in the case of a taxi-cab licence, that the person to whom it is proposed to transfer the licence is a fit and proper person to hold the licence; or".

(3)Section 149(3)(b) of the Principal Act is repealed.

(4)Section 149(3AA)(a) of the Principal Act is repealed.

30Effect on taxi-cab licences of certain outcomes

s. 30

(1)Section 156A(1) and (2) of the Principal Act are repealed.

(2)In section 156A(3) of the Principal Act, for "accredited as a taxi-cab licence holder, but not" substitute "not accredited".

(3)In section 156A(5) of the Principal Act omit
"or expires without being renewed".

Division 2—Driver accreditation amendments