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

Authorised by the Chief Parliamentary Counsel Authorised Version i Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 4 3 Principal Act 4 PART 2—AMENDMENT OF TRANSPORT (COMPLIANCE AND MISCELLANEOUS) ACT 1983 5 Division 1—Taxi industry accreditation amendments 5 4 Purpose of accreditation 5 5 Definitions and interpretative provisions 5 6 Offence for taxi-cab operator not to be accredited 5 7 Offence for provider of taxi-cab network services not to be accredited 5 8 Making of application 6 9 Time within which licensing authority must deal with application 6 10 Circumstances in which application may be approved 6 11 Section 132C substituted 6 132C Accreditation lasts until cancelled or surrendered 6 12 Mandatory refusal of accreditation 7 13 Presumption in favour of refusal of accreditation 7 14 Discretionary refusal of accreditation 7 15 Heading to Subdivision 4 of Division 4 of Part VI amended 7 16 Restrictions and conditions concerning accreditation 7 17 Offence to fail to comply with conditions etc. 7 18 Section 133C repealed 8 19 Issue of certificate of accreditation 8 20 Return of certificate of accreditation 8 21 Improvement notices 8 22 New Subdivision 6A of Division 4 of Part VI inserted 9 Subdivision 6A—Internal review 9 135I Definitions 9 135J Meaning of reviewable decision 9 -- 1 of 109 -- Section Page ii Authorised by the Chief Parliamentary Counsel 135K Application for internal review 10 135L Effect of decision on application 11 135M Determination of application for internal review 11 23 Heading to Subdivision 7 of Division 4 of Part VI substituted 12 24 Review of decision by VCAT 12 25 Holder of accreditation to notify of relevant change in circumstances 13 26 False representation in relation to accreditation 13 27 Regulations 14 28 Review by Tribunal of licence cancellation etc. 14 29 Transfers of licences 14 30 Effect on taxi-cab licences of certain outcomes 15 Division 2—Driver accreditation amendments 15 31 Matters to be considered by the licensing authority when issuing or renewing an accreditation 15 32 New sections 169MA to 169MC inserted 15 169MA Application for internal review 15 169MB Effect of decision on application 17 169MC Determination of application for internal review 18 33 Review of decision by VCAT 19 Division 3—Taxi industry participant register amendments 20 34 Definitions 20 35 New Division 6A of Part VI inserted 20 Division 6A—Register of taxi industry participants 20 Subdivision 1—Register and public version of register 20 169ZA Register of taxi industry participants 20 169ZB Public version of the register 21 169ZC Corrections of register 22 Subdivision 2—Restriction of public access to information 22 169ZD What happens when information is included on the register? 22 169ZE Notification that information to be made publicly available 23 169ZF Application to restrict public access 23 169ZG Determination of application 24 169ZH Notification of determination 24 169ZI Rights of review 25 -- 2 of 109 -- Section Page iii Authorised by the Chief Parliamentary Counsel Division 4—Taxi industry compliance and investigation powers amendments 26 36 New Subdivision 5B of Division 9A of Part VI inserted 26 Subdivision 5B—Taxi industry monitoring, compliance and enforcement policy 26 191YE Definitions 26 191YF TSC to develop, maintain and review taxi industry monitoring, compliance and enforcement policy 27 191YG TSC must coordinate and support implementation 28 191YH TSC must consult when developing or reviewing taxi industry monitoring, compliance and enforcement policy 28 191YI Content of taxi industry monitoring, compliance and enforcement policy 29 191YJ Taxi industry monitoring, compliance and enforcement policy to be had regard to 29 37 New Division 4ABA of Part VII inserted 30 Division 4ABA—Enforcement of commercial passenger vehicle laws 30 Subdivision 1—Interpretation 30 228RA Definitions 30 228RB Meaning of specified person 34 Subdivision 2—Taxi compliance officers 34 228RC Appointment 34 228RD Identity cards 35 228RE Return of identity cards 35 228RF Production of identity card 35 228RG Taxi compliance officers subject to TSC's direction 36 228RH Offence to impersonate a taxi compliance officer 37 Subdivision 3—Powers of entry 37 228RI Power of entry 37 228RJ Requirements applying to entry when persons not present 39 228RK Notification of entry without prior notice to any person 40 228RL Procedure for entry with consent 41 Subdivision 4—Inspection, inquiry, search and seizure powers 42 228RM General inspection, inquiry and search powers 42 -- 3 of 109 -- Section Page iv Authorised by the Chief Parliamentary Counsel Subdivision 5—Search warrants 45 228RN Search warrant 45 228RO Seizure of things not mentioned in the warrant 47 228RP Announcement before entry 47 228RQ Copy of warrant to be given to occupier 48 Subdivision 6—Ancillary investigatory powers 49 228RR Use or seizure of electronic equipment 49 228RS Use of equipment to examine or process things 51 Subdivision 7—Seized things 51 228RT Receipt for seized things 51 228RU Copies of certain seized things to be given 53 228RV Return of seized things 53 228RW Magistrates' Court may extend period 54 228RX Forfeiture of seized thing 54 Subdivision 8—Directions 55 228RY Power to require production of information or documents and related items 55 228RZ Manner in which directions under section 228RY may be given 57 Subdivision 9—Miscellaneous provisions relating to enforcement powers 58 228RZA Use of force 58 228RZB Manner in which taxi compliance officers must exercise powers 58 228RZC Compensation for damage caused during exercise of powers under this Division 58 228RZD Abrogation of privilege against self-incrimination 59 228RZE Legal professional privilege not abrogated 61 Subdivision 10—Review of decisions 61 228RZF Reviewable decisions 61 228RZG Review by TSC 62 228RZH Review by VCAT 64 Subdivision 11—Regulations 64 228RZI Regulations 64 38 Criminal liability of officers of bodies corporate—failure to exercise due diligence 66 -- 4 of 109 -- Section Page v Authorised by the Chief Parliamentary Counsel Division 5—Abolition of Public Transport Fund amendments 66 39 Section 11 repealed 66 40 Financial assistance to train drivers following fatal incidents 66 41 New Division 11 inserted in Part VIII 66 Division 11—Transitional provisions—Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 66 351 Definitions 66 352 Continuation of Public Transport Fund 67 353 Specification of money to be transferred 67 354 Transfer of money and abolition of old fund 68 355 References to old fund 69 Division 6—Other amendments 69 42 Regulations 69 43 Definition of taxi non-cash payment transaction 71 44 Tests, qualifications and other requirements 71 45 New Division 1C of Part VIII inserted 71 Division 1C—Wheelchair accessible taxi-cab fixed term licence fee instalment amounts 71 246CZE Definitions 71 246CZF Instalment amounts for licence fees for WAT fixed term licences changed 72 246CZG Set off of excess licence fee payments 74 246CZH Revocation of 2014 amending Order 74 46 Statute law revision 75 PART 3—AMENDMENT OF TRANSPORT LEGISLATION AMENDMENT (FOUNDATION TAXI AND HIRE CAR REFORMS) ACT 2013 76 47 Taxi-cab zones 76 48 Licensing authority may vary Zone conditions for pre-booked taxi-cab 76 49 Transfers of licences 79 50 Implied conditions as to fares or hiring rates 79 51 Powers in relation to fares regulation 80 Division 5AB—Notification, publication and monitoring of taxi fares and hiring rates in the Regional and Country Zones 81 162EA Licensing authority to be notified of maximum taxi fares and hiring rates in Regional and Country Zones 81 -- 5 of 109 -- Section Page vi Authorised by the Chief Parliamentary Counsel 162EB Licensing authority must publish maximum taxi fares and hiring rates in Regional and Country Zones 83 162EC Operators of taxi-cabs in Regional and Country Zones must notify hirers of maximum fares and hiring rates 83 162ED ESC to monitor prices, costs and return on assets in Regional and Country Zones 84 52 Driver agreements 85 Subdivision 2A—Preliminary assistance in dispute resolution 86 162MA Referral of disputes to TSC 86 162MB Minister may refer dispute directly to the Tribunal 87 162MC Unresolved disputes may be referred to Small Business Commissioner or the Tribunal 87 162PA Small Business Commissioner may issue certificates 90 162PB Parties may apply to the Tribunal 90 162Q Jurisdiction of the Tribunal 91 162R Time limits for certain complaints 91 PART 4—AMENDMENT OF TRANSPORT INTEGRATION ACT 2010 94 53 General fund 94 54 Functions of Taxi Services Commission 94 55 Definitions—Part 7A 95 56 Section 197B substituted 96 197B Resolution of conflict by regulators 96 57 Determination by the Minister or Ministers 97 58 Regulators subject to guidelines and directions 98 PART 5—AMENDMENT OF OTHER ACTS 99 Division 1—Heavy Vehicle National Law Application Act 2013 99 59 Definitions 99 60 Authorised officer 99 61 Persons who may commence proceedings for offences 99 Division 2—Ombudsman Act 1973 100 62 Ombudsman Act 1973 amendment—taxi compliance officers 100 Division 3—Road Safety Amendment (Operator Onus) Act 2012 100 63 Statute law revision 100 -- 6 of 109 -- Section Page vii Authorised by the Chief Parliamentary Counsel PART 6—REPEAL OF AMENDING ACT 101 64 Repeal of amending Act 101 ═══════════════ ENDNOTES 102 -- 7 of 109 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 † No. 35 of 2014 [Assented to 13 May 2014] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purposes 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 Victoria -- 8 of 109 -- Part 1—Preliminary Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 2 Authorised by the Chief Parliamentary Counsel (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 (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 s. 1 -- 9 of 109 -- Part 1—Preliminary Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 3 Authorised by the Chief Parliamentary Counsel (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 (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. s. 1 -- 10 of 109 -- Part 1—Preliminary Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 4 Authorised by the Chief Parliamentary Counsel 2 Commencement (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. 3 Principal Act In this Act, the Transport (Compliance and Miscellaneous) Act 1983 is called the Principal Act. __________________ s. 2 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 -- 11 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 5 Authorised by the Chief Parliamentary Counsel PART 2—AMENDMENT OF TRANSPORT (COMPLIANCE AND MISCELLANEOUS) ACT 1983 Division 1—Taxi industry accreditation amendments 4 Purpose of accreditation In section 130 of the Principal Act, for "safe, reliable and efficient" substitute "safe and reliable". 5 Definitions and interpretative provisions Section 130A(5) of the Principal Act is repealed. 6 Offence 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.". 7 Offence 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 s. 4 -- 12 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 6 Authorised by the Chief Parliamentary Counsel (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.". 8 Making of application (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". 9 Time within which licensing authority must deal with application In section 132A(1) of the Principal Act, for "90" substitute "30". 10 Circumstances 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". 11 Section 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.". s. 8 -- 13 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 7 Authorised by the Chief Parliamentary Counsel 12 Mandatory refusal of accreditation (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. 13 Presumption in favour of refusal of accreditation Section 132E(a) of the Principal Act is repealed. 14 Discretionary refusal of accreditation Section 132F(3)(a) of the Principal Act is repealed. 15 Heading 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". 16 Restrictions and conditions concerning accreditation Section 133(4) and (5) of the Principal Act are repealed. 17 Offence 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;". s. 12 -- 14 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 8 Authorised by the Chief Parliamentary Counsel 18 Section 133C repealed Section 133C of the Principal Act is repealed. 19 Issue 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. 20 Return of certificate of accreditation In section 135E(2) of the Principal Act, for "has not expired" substitute "is not cancelled". 21 Improvement 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.". s. 18 -- 15 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 9 Authorised by the Chief Parliamentary Counsel 22 New Subdivision 6A of Division 4 of Part VI inserted After section 135H of the Principal Act insert— "Subdivision 6A—Internal review 135I Definitions (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. 135J Meaning 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 s. 22 -- 16 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 10 Authorised by the Chief Parliamentary Counsel (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 (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. s. 22 -- 17 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 11 Authorised by the Chief Parliamentary Counsel 135L Effect 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 (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. s. 22 -- 18 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 12 Authorised by the Chief Parliamentary Counsel (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.". 23 Heading to Subdivision 7 of Division 4 of Part VI substituted For the heading to Subdivision 7 of Division 4 of Part VI of the Principal Act substitute— "Subdivision 7—Jurisdiction of VCAT". 24 Review 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; s. 23 -- 19 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 13 Authorised by the Chief Parliamentary Counsel 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.". 25 Holder of accreditation to notify of relevant change in circumstances (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". 26 False 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.". s. 25 -- 20 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 14 Authorised by the Chief Parliamentary Counsel 27 Regulations (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.". 28 Review 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)". 29 Transfers 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. s. 27 -- 21 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 15 Authorised by the Chief Parliamentary Counsel (4) Section 149(3AA)(a) of the Principal Act is repealed. 30 Effect on taxi-cab licences of certain outcomes (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 31 Matters to be considered by the licensing authority when issuing or renewing an accreditation In section 169(1)(b)(ii) of the Principal Act, for "suitable in other respects" substitute "a fit and proper person". 32 New sections 169MA to 169MC inserted After section 169M of the Principal Act insert— "169MA Application for internal review (1) A person who is affected by a reviewable decision may apply to the licensing authority for review of the decision. Note Section 169O 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. s. 30 -- 22 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 16 Authorised by the Chief Parliamentary Counsel (3) An application under subsection (1) must be made in the manner and form determined by the licensing authority. (4) In this section— reviewable decision— (a) means— (i) a decision of the licensing authority to refuse to issue or renew an accreditation under this Division; or (ii) a decision of the licensing authority to suspend or cancel an accreditation under this Division; or (iii) a decision of the licensing authority to impose a condition on an accreditation under this Division; or (iv) a determination of the licensing authority to disqualify the person from applying for the issue of an accreditation under this Division; or (v) a decision of the licensing authority not to, or a failure by the licensing authority to, under section 169EB reinstate the accreditation of a person suspended in accordance with section 169EA; and s. 32 -- 23 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 17 Authorised by the Chief Parliamentary Counsel (b) does not include— (i) a decision referred to in paragraph (a) that was— (A) affirmed, varied or substituted for another decision under section 169MC; or (B) made by the licensing authority and not by a delegate of the licensing authority; or (ii) a decision of the licensing authority refusing to issue or renew a driver accreditation, or to a cancel a driver accreditation, in the circumstances in which section 169N(1) applies. 169MB Effect of decision on application (1) An application under section 169MA(1) does not affect the operation of the decision that is the subject of the application 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. s. 32 -- 24 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 18 Authorised by the Chief Parliamentary Counsel (4) The licensing authority may attach any conditions to a stay of the operation of a decision that the authority considers appropriate. 169MC Determination of application for internal review (1) If an application is made to the licensing authority in accordance with section 169MA, the licensing authority must make a fresh decision— (a) that affirms or varies the decision that is the subject of the application; or (b) that sets aside the decision that is the subject of the application 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 decision that is the subject of the application.". s. 32 -- 25 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 19 Authorised by the Chief Parliamentary Counsel 33 Review of decision by VCAT (1) For section 169O(1) of the Principal Act substitute— "(1) An person who is affected by a reviewable decision may apply to VCAT for review of the decision.". (2) After section 169O(5) of the Principal Act insert— "(6) In this section— reviewable decision means— (a) a decision of the licensing authority to refuse to issue or renew an accreditation under this Division; or (b) a decision of the licensing authority to suspend or cancel an accreditation under this Division; or (c) a decision of the licensing authority to impose a condition on an accreditation under this Division; or (d) a determination of the licensing authority to disqualify the person from applying for the issue of an accreditation under this Division; or (e) a decision of the licensing authority not to, or a failure by the licensing authority to, under section 169EB reinstate the accreditation of a person suspended in accordance with section 169EA.". s. 33 -- 26 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 20 Authorised by the Chief Parliamentary Counsel Division 3—Taxi industry participant register amendments 34 Definitions In section 86(1) of the Principal Act insert the following definition— "register of taxi industry participants means the register kept by the licensing authority under section 169ZA;". 35 New Division 6A of Part VI inserted After Division 6 of Part VI of the Principal Act insert— "Division 6A—Register of taxi industry participants Subdivision 1—Register and public version of register 169ZA Register of taxi industry participants (1) The licensing authority must keep a register of taxi industry participants. (2) The licensing authority must include on the register the name of each person who holds— (a) an accreditation as a taxi-cab operator; or (b) an accreditation as a provider of taxi- cab network services; or (c) a driver accreditation that accredits the holder to drive a commercial passenger vehicle; or (d) a hire car licence; or (e) a special purpose vehicle licence. s. 34 -- 27 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 21 Authorised by the Chief Parliamentary Counsel (3) The licensing authority may include the following details for each person whose name is included on the register— (a) business contact details for the person (including a telephone number, fax number, postal address, email address and Internet address); (b) details of any taxi-cab network service provided by the person; (c) the number of taxi-cabs, hire cars and special purpose vehicles operated by the person. (4) The licensing authority must include, for each person whose name is included on the register, any details prescribed for the purposes of this subsection. 169ZB Public version of the register (1) The licensing authority must keep a public version of the register of taxi industry participants (the public version of the register). (2) The licensing authority— (a) must make a copy of the public version of the register available at their office during office hours for any person to inspect free of charge; and (b) may publish a copy of the public version of the register on the licensing authority's Internet site. (3) The public version of the register must not include any information to which public access is restricted under Subdivision 2. s. 35 -- 28 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 22 Authorised by the Chief Parliamentary Counsel 169ZC Corrections of register (1) The licensing authority may, if the licensing authority decides it is necessary to do so, correct any error or omission in the register of taxi industry participants or the public version of the register. (2) The licensing authority may correct the register by— (a) inserting information; or (b) amending information; or (c) omitting information. Subdivision 2—Restriction of public access to information 169ZD What happens when information is included on the register? (1) On including information in the register of taxi industry participants, the licensing authority must determine whether public access to any part of the information is to be restricted for the purpose of section 169ZB(3). (2) The licensing authority must not, under subsection (1), determine that public access to any part of the information is to be restricted unless the licensing authority is satisfied that there are circumstances that justify that restriction. Example An example of a circumstance is the protection of a person's privacy. (3) If the licensing authority determines that public access to a part of the information is to be restricted, the licensing authority must restrict public access— s. 35 -- 29 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 23 Authorised by the Chief Parliamentary Counsel (a) indefinitely; or (b) for a specified period. 169ZE Notification that information to be made publicly available (1) This section applies if the licensing authority determines, under section 169ZD, that public access to any part of the information to which the determination relates is not to be restricted. (2) The licensing authority must notify the person to whom that information relates of that determination. (3) A notification under subsection (2) must— (a) be in writing; and (b) specify the information that is to be made publicly available. (4) For the purpose of section 169ZB(3), public access is restricted to the information until the earlier of— (a) 28 days after the day on which the person is notified under subsection (2); or (b) the day on which the person consents to the information being made publicly available. 169ZF Application to restrict public access (1) A person may apply to the licensing authority to restrict public access to information that— (a) is included on the register of taxi industry participants; and (b) relates to the person. s. 35 -- 30 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 24 Authorised by the Chief Parliamentary Counsel (2) An application under subsection (1) need not be made in writing. (3) For the purpose of section 169ZB(3), public access is restricted to the information until the day on which the application is determined. 169ZG Determination of application (1) On receiving an application under section 169ZF, the licensing authority must determine whether public access to the information the subject of the application is to be restricted for the purpose of section 169ZB(3). (2) The licensing authority must not, under subsection (1), determine that public access to the information the subject of the application is to be restricted unless the licensing authority is satisfied that there are exceptional circumstances that justify that restriction. (3) If the licensing authority determines that public access to the information the subject of the application is to be restricted, the licensing authority must restrict public access— (a) indefinitely; or (b) for a specified period. 169ZH Notification of determination (1) This section applies if the licensing authority determines, under section 169ZG, that public access to the information to which the determination relates is not to be restricted. s. 35 -- 31 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 25 Authorised by the Chief Parliamentary Counsel (2) The licensing authority must notify the person to whom that information relates of the determination within 14 days after the determination is made. (3) A notification under subsection (2) must— (a) be in writing; and (b) specify the information that is to be made publicly available. (4) For the purpose of section 169ZB(3), public access is restricted to the information to which the determination relates until the earlier of— (a) 28 days after the day on which the person is notified under subsection (2); or (b) the day on which the person consents to the information being made publicly available. 169ZI Rights of review (1) A person whose interests are affected by a determination under section 169ZD or 169ZG that public access to information to which the determination relates must be not restricted may apply to the Tribunal for review of the determination. (2) An application for review under subsection (1) must be lodged with the Tribunal within 28 days after— (a) notice of the decision was given; or (b) if, under section 45 of the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision— the day on which the statement of s. 35 -- 32 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 26 Authorised by the Chief Parliamentary Counsel reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given. (3) For the purpose of section 169ZB(3), public access is restricted to the information until the day on which the application for review is determined.". Division 4—Taxi industry compliance and investigation powers amendments 36 New Subdivision 5B of Division 9A of Part VI inserted After Subdivision 5A of Division 9A of Part VI of the Principal Act insert— "Subdivision 5B—Taxi industry monitoring, compliance and enforcement policy 191YE Definitions In this Subdivision— commercial passenger vehicle law has the same meaning as in Division 4ABA of Part VII; specified road safety law means any of the following laws (but only when a taxi compliance officer is performing or exercising functions or powers under that law)— (a) section 77 or 84 of the Road Safety Act 1986; or (b) a provision of the Road Safety Road Rules 2009; taxi compliance officer means a person appointed under section 228RC. s. 36 -- 33 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 27 Authorised by the Chief Parliamentary Counsel 191YF TSC to develop, maintain and review taxi industry monitoring, compliance and enforcement policy (1) The TSC must develop, maintain and review a taxi industry monitoring, compliance and enforcement policy in accordance with this Subdivision. (2) The purpose of a taxi industry monitoring, compliance and enforcement policy is to support and promote maintaining compliance with, and enforcement of, a commercial passenger vehicle law or specified road safety law by— (a) specifying proportionate, cost effective and efficient options in respect of monitoring and promoting compliance with, and enforcing, a commercial passenger vehicle law or specified road safety law; and (b) specifying how options will be utilised by enforcement agencies to monitor and promote compliance with, and the enforcement of, a commercial passenger vehicle law and specified road safety law consistently. (3) The TSC must cause a taxi industry monitoring, compliance and enforcement policy developed under this section to be published on the Internet no later than 12 months after the commencement of this section. (4) A taxi industry monitoring, compliance and enforcement policy must be reviewed every 3 years in accordance with section 191YH. s. 36 -- 34 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 28 Authorised by the Chief Parliamentary Counsel 191YG TSC must coordinate and support implementation (1) For the purpose of coordinating and supporting the implementation of a taxi industry monitoring, compliance and enforcement policy, the TSC must provide training, guidance and support to taxi compliance officers who monitor compliance with, and enforce, a commercial passenger vehicle law or specified road safety law. (2) In addition, the TSC may coordinate and support the implementation of a taxi industry monitoring, compliance and enforcement policy in any other manner the TSC determines to be appropriate. 191YH TSC must consult when developing or reviewing taxi industry monitoring, compliance and enforcement policy (1) The TSC must develop and review a taxi industry monitoring, compliance and enforcement policy in consultation with— (a) Victoria Police; and (b) the Privacy Commissioner; and (c) VicRoads; and (d) representatives of taxi industry participants. (2) The TSC may consult with taxi industry regulators in other jurisdictions when developing and reviewing a taxi industry monitoring, compliance and enforcement policy if the TSC considers that it would be useful to do so. s. 36 -- 35 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 29 Authorised by the Chief Parliamentary Counsel 191YI Content of taxi industry monitoring, compliance and enforcement policy (1) A taxi industry monitoring, compliance and enforcement policy must provide guidance on— (a) the exercise of the following kinds of powers under a commercial passenger vehicle law or specified road safety law— (i) monitoring and compliance powers; (ii) investigation powers; (iii) enforcement powers; and (b) the measures to be adopted to promote compliance with and enforcement of, a commercial passenger vehicle law or specified road safety law. (2) A taxi industry monitoring, compliance and enforcement policy may provide guidance on other matters relevant to monitoring compliance with and enforcing a commercial passenger vehicle law or specified road safety law. 191YJ Taxi industry monitoring, compliance and enforcement policy to be had regard to Persons involved in compliance, monitoring and enforcement activities under a commercial passenger vehicle law or specified road safety law must, so far as is reasonably practicable, have regard to an applicable taxi industry monitoring, compliance and enforcement policy when performing functions and duties and exercising powers under those laws.". s. 36 -- 36 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 30 Authorised by the Chief Parliamentary Counsel 37 New Division 4ABA of Part VII inserted After Division 4A of Part VII of the Principal Act insert— "Division 4ABA—Enforcement of commercial passenger vehicle laws Subdivision 1—Interpretation 228RA Definitions In this Division— accredited person means— (a) a person who holds an accreditation under Division 4 of Part VI; or Example An accredited operator of a taxi-cab or an accredited taxi-cab network service provider. (b) a person who holds a driver accreditation; civil penalty provision means section 144E; commercial passenger vehicle has the same meaning as in Part VI; commercial passenger vehicle law means— (a) Part VI or regulations made under or for the purposes of that Part; or (b) section 216; or (c) this Division or regulations made under or for the purposes of this Division; or (d) section 81, 82, 83 or 83A of the Crimes Act 1958 but only in respect of conduct that constitutes s. 37 -- 37 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 31 Authorised by the Chief Parliamentary Counsel or could constitute a contravention of any those sections and that arises out of— (i) the hiring out of a taxi-cab; or (ii) the processing of, or failure to process, payments for a taxi-cab fare; or (iii) the making of, or failing to make, a payment under a driver agreement; or (iv) the imposition of a taxi non- cash payment surcharge; commercial passenger vehicle premises means a building or facility used in connection with the provision of— (a) commercial passenger vehicle services; or (b) taxi-cab network services; or (c) non-cash payment processing services— but does not include residential premises; compliance and investigative purposes means purposes related to ascertaining whether a commercial passenger vehicle law has been or is being complied with, including whether— (a) an offence has been committed against a provision of a commercial passenger vehicle law; or (b) a civil penalty provision has been breached; s. 37 -- 38 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 32 Authorised by the Chief Parliamentary Counsel driver accreditation means an accreditation under Division 6 of Part VI; driver agreement has the meaning given by section 162J; information has the same meaning as in the Electronic Transactions (Victoria) Act 2000; non-cash payment processing device means a device— (a) used, or intended to be used, to process a taxi non-cash payment transaction; or (b) that enables a taxi non-cash payment transaction to be processed; Examples EFTPOS machine, smartphone, computer tablet. non-cash payment processing service means a service that facilitates the processing of a taxi non-cash payment transaction but does not include a service relating to a fee or charge imposed in respect of the use of a credit card, charge card or debit card levied— (a) in compliance with a standard in force under section 18 of the Payment Systems (Regulation) Act 1998 of the Commonwealth by a participant in a designated payment processing system within the meaning of that Act in their capacity as participant in such a system; or s. 37 -- 39 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 33 Authorised by the Chief Parliamentary Counsel (b) by a person who acts consistently with a voluntary undertaking given by the person to, and accepted by, the Reserve Bank of Australia; operate, in relation to a commercial passenger vehicle (other than a taxi- cab), means carry passengers for hire or reward; operator, in relation to a taxi-cab, has the same meaning as in Part VI; retention period, in relation to a thing seized under this Division, means a period of 90 days after the seizure of the thing; specified person has the meaning given by section 228RB; taxi-cab has the same meaning as in Part VI; taxi-cab network service has the same meaning as in Division 4 of Part VI; taxi-cab network service provider means a person who provides a taxi-cab network service; taxi non-cash payment surcharge has the same meaning as in Part VI; taxi non-cash payment transaction has the same meaning as in Part VI; taxi compliance officer means a person appointed under section 228RC; TSC Commissioner means a Commissioner within the meaning of section 115A of the Transport Integration Act 2010. s. 37 -- 40 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 34 Authorised by the Chief Parliamentary Counsel 228RB Meaning of specified person (1) A specified person is a person who is— (a) an accredited person; or (b) a holder of a commercial passenger vehicle licence (within the meaning of Part VI). (2) A specified person includes a person who the TSC, or a taxi compliance officer, believes, on reasonable grounds, may be able to provide information, documents or assistance to the TSC or the officer for compliance and investigative purposes. Subdivision 2—Taxi compliance officers 228RC Appointment (1) The TSC, by instrument, may appoint as a taxi compliance officer any person who is suitably qualified or trained to exercise the powers of a taxi compliance officer under a commercial passenger vehicle law. (2) An appointment under this section is for a term, and subject to the conditions, specified in the instrument. (3) Without limiting the conditions to which the appointment of a taxi compliance officer may be subject, a condition may specify one or more of the following— (a) the functions and powers under a commercial passenger vehicle law that may not be performed and exercised by the taxi compliance officer; (b) the only functions and powers under a commercial passenger vehicle law that may be performed and exercised by the taxi compliance officer; s. 37 -- 41 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 35 Authorised by the Chief Parliamentary Counsel (c) the circumstances or manner in which a function or power under a commercial passenger vehicle law may be performed or exercised by the taxi compliance officer. (4) To avoid doubt, a taxi compliance officer is an officer of the State. 228RD Identity cards (1) The TSC must issue an identity card to a taxi compliance officer appointed under section 228RC. (2) An identity card must— (a) state the taxi compliance officer's name and their appointment as a taxi compliance officer; and (b) contain a photograph of the taxi compliance officer; and (c) include any other matter that is prescribed. 228RE Return of identity cards If a person to whom an identity card has been issued ceases to be a taxi compliance officer, the person must return the identity card to the TSC as soon as practicable. Penalty: 10 penalty units. 228RF Production of identity card (1) A taxi compliance officer must produce his or her identity card for inspection— (a) before exercising a power under a commercial passenger vehicle law; or s. 37 -- 42 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 36 Authorised by the Chief Parliamentary Counsel (b) if asked to do so by any person at any time during the exercise of a power under a commercial passenger vehicle law. (2) However, a taxi compliance officer need not produce his or her identity card when asked to do so if— (a) the officer reasonably believes that the production of his or her identity card would— (i) affect the safety or welfare of any person; or (ii) frustrate the effective exercise of a power under a commercial passenger vehicle law; or (b) the request to produce his or her identity card is made by a person to whom the officer has already produced that identity card on the same day before exercising a power under a commercial passenger vehicle law. (3) Any action taken or thing done by a taxi compliance officer under a commercial passenger vehicle law is not invalidated by his or her failure to produce his or her identity card. 228RG Taxi compliance officers subject to TSC's direction (1) The TSC may give a direction to a taxi compliance officer in relation to that officer's performance or exercise of a function or power under a commercial passenger vehicle law. s. 37 -- 43 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 37 Authorised by the Chief Parliamentary Counsel (2) A direction under subsection (1) may be of a general nature or may relate to a specified matter or class of matter. 228RH Offence to impersonate a taxi compliance officer A person who is not a taxi compliance officer must not, in any way, hold himself or herself out to be a taxi compliance officer. Penalty: 60 penalty units. Subdivision 3—Powers of entry 228RI Power of entry (1) A taxi compliance officer may— (a) enter, without consent, for a restricted purpose— (i) any commercial passenger vehicle that is not at commercial passenger vehicle premises or residential premises if the operator or driver of the vehicle is present; or (ii) any commercial passenger vehicle premises, at any time during which commercial passenger vehicle operations or other related activities are being carried out or are usually carried out at the premises; or (iii) any commercial passenger vehicle at commercial passenger vehicle premises, at any time during which commercial passenger vehicle operations or other related activities are being carried out or s. 37 -- 44 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 38 Authorised by the Chief Parliamentary Counsel are usually carried out at the premises; or (b) for compliance and investigative purposes, enter any commercial passenger vehicle premises at any time if the person with control or management of the premises, or the occupier of the premises, consents to the entry of those premises; or (c) for compliance and investigative purposes, enter any commercial passenger vehicle at any time if the operator or driver of the vehicle consents to the entry. (2) A taxi compliance officer may also enter any commercial passenger vehicle premises or commercial passenger vehicle if the entry is authorised by a search warrant. (3) For the purposes of subsection (1), a restricted purpose is a purpose related to ascertaining whether a commercial passenger vehicle law has been or is being complied with, including whether an offence has been committed against a provision of a commercial passenger vehicle law or whether a civil penalty provision has been breached, but only in relation to— (a) a commercial passenger vehicle or equipment on or in, or that is ordinarily on or in, a commercial passenger vehicle; or Examples Examples of equipment on or in, or that are ordinarily on or in, a commercial passenger vehicle are a security camera, an emergency warning device, a driver protection screen and a taximeter. s. 37 -- 45 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 39 Authorised by the Chief Parliamentary Counsel (b) payments made or due under a driver agreement if the taxi compliance officer believes on reasonable grounds that it is necessary to do so in order to prevent the concealment, loss or destruction of evidence of a breach of the conditions of a driver agreement; or (c) payments and fees and charges for the hiring of a taxi-cab, but only if the taxi compliance officer believes on reasonable grounds that it is necessary to do so to prevent the concealment, loss or destruction of evidence of non- compliance with a commercial passenger vehicle law. 228RJ Requirements applying to entry when persons not present (1) This section applies if a taxi compliance officer enters commercial passenger vehicle premises or a commercial passenger vehicle at commercial passenger vehicle premises under section 228RI(1)(a)(ii) or (iii) without the person with control or management of commercial passenger vehicle premises, or the occupier of the premises, being present. (2) The taxi compliance officer must, on leaving the commercial passenger vehicle or commercial passenger vehicle premises, leave a notice setting out— (a) the time of entry; and (b) the purpose of entry; and (c) a description of things done while in the vehicle or on the premises; and (d) the time of departure; and s. 37 -- 46 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 40 Authorised by the Chief Parliamentary Counsel (e) the procedure for contacting the TSC for further details of the entry. (3) This section does not apply to entry into a commercial passenger vehicle or onto commercial passenger vehicle premises by a taxi officer authorised by a search warrant. 228RK Notification of entry without prior notice to any person (1) This section applies if a taxi compliance officer— (a) enters a commercial passenger vehicle under section 228RI(1)(a)(i) without giving prior notice to the operator or driver of the vehicle; or (b) enters commercial passenger vehicle premises or a commercial passenger vehicle at commercial passenger vehicle premises under section 228RI(1)(a)(ii) or (iii) without giving prior notice to the person with control or management of commercial passenger vehicle premises or the occupier of the premises. (2) A taxi compliance officer must, as soon as practicable after entering the commercial passenger vehicle, take all reasonable steps to notify the operator and driver of the vehicle of that officer's entry. (3) The taxi compliance officer must, as soon as practicable after entry onto commercial passenger vehicle premises, take all reasonable steps to notify the person with control or management of the premises, or the occupier of the premises, of that officer's entry. s. 37 -- 47 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 41 Authorised by the Chief Parliamentary Counsel 228RL Procedure for entry with consent (1) This section applies if— (a) a taxi compliance officer intends to ask a person with control or management of commercial passenger vehicle premises, or the occupier of the premises, to consent to that officer entering the premises in accordance with section 228RI(1)(b); or (b) a taxi compliance officer intends to ask the operator or driver of a commercial passenger vehicle to consent to that officer entering the vehicle in accordance with section 228RI(1)(c). (2) Before asking for the consent, the officer must inform the person— (a) of the purpose of the entry; and (b) that the occupier is not required to consent. (3) If the consent is given, the officer may ask the person to sign an acknowledgment of the consent. (4) The acknowledgment must state— (a) that the person has been informed— (i) of the purpose of the entry; and (ii) that the person is not required to consent; and (b) the purpose of the entry; and (c) that the person gives the officer consent to enter the place or vehicle and exercise powers under this Division; and s. 37 -- 48 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 42 Authorised by the Chief Parliamentary Counsel (d) the time and date the consent was given. (5) If the person signs the acknowledgment, the taxi compliance officer must immediately give a copy to the person. (6) If, in any proceeding, an acknowledgment of the consent is not produced to the court, it must be presumed, until the contrary is proved, that no person consented to the entry by a taxi compliance officer and the exercise of powers by that officer under this Division. Subdivision 4—Inspection, inquiry, search and seizure powers 228RM General inspection, inquiry and search powers (1) A taxi compliance officer who enters or proposes to enter a commercial passenger vehicle or enters commercial passenger vehicle premises under this Division may, for the purpose for which entry is effected, do any of the following— (a) search and inspect— (i) the premises; or (ii) the vehicle; or (iii) a non-cash payment processing device; (b) make copies, tests or sketches in connection with any inspection or inquiry; (c) take photographs or film, videotape or otherwise record images or record sound in connection with any inspection or inquiry; s. 37 -- 49 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 43 Authorised by the Chief Parliamentary Counsel (d) search for and inspect relevant documents; (e) require a person at the commercial passenger vehicle premises to produce to the officer any relevant documents in the person's custody or under the person's control; (f) make copies of, or take extracts from, any document kept at the commercial passenger vehicle premises; (g) require the following persons to give the officer reasonable help to exercise the officer's powers under paragraphs (a) to (f) or (h)— (i) a person at the commercial passenger vehicle premises; (ii) the operator or driver of a commercial passenger vehicle; (h) exercise any other power conferred on the officer by this Act. (2) In doing any thing referred to in subsection (1), a taxi compliance officer may be assisted by any person. (3) A film, photograph, videotape or image taken under subsection (1)(c) of a commercial passenger vehicle, or of any part of a commercial passenger vehicle, is not inadmissible as evidence by reason only of the fact that it includes the likeness of one or more of the commercial passenger vehicle's passengers if the capturing of that likeness does not appear to have been the main reason for the taking of the film, photograph, videotape or image. s. 37 -- 50 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 44 Authorised by the Chief Parliamentary Counsel (4) A person required to give reasonable help under subsection (1)(g) must not, without reasonable excuse, fail to comply with the requirement. Penalty: In the case of a natural person, 60 penalty units; In the case of a body corporate, 300 penalty units. (5) In this section— reasonable help includes— (a) assistance to enable the taxi compliance officer to find and gain access to— (i) electronically stored material and information at the commercial passenger vehicle premises or on or in the commercial passenger vehicle; or (ii) equipment that is on or in, or that is ordinarily on or in, a commercial passenger vehicle; and (b) running the engine of a commercial passenger vehicle; and (c) operate equipment on or in a commercial passenger vehicle; and (d) operate a non-cash payment processing device. s. 37 -- 51 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 45 Authorised by the Chief Parliamentary Counsel Subdivision 5—Search warrants 228RN Search warrant (1) A taxi compliance officer may apply to a magistrate for the issue of a search warrant for a place, commercial passenger vehicle or non-cash payment processing device if the taxi compliance officer believes on reasonable grounds that there is, or may be within the next 72 hours, in the place, or in or on the vehicle or device, evidence of— (a) the commission of an offence against a commercial passenger vehicle law; or (b) a breach of a civil penalty provision. (2) If a magistrate is satisfied that there are reasonable grounds for suspecting that there is, or may be within the next 72 hours, in a place, or in or on a commercial passenger vehicle or non-cash payment processing device, evidence of the commission of an offence against commercial passenger vehicle law or a breach of a civil penalty provision, the magistrate may issue a search warrant authorising a taxi compliance officer named in the warrant and any assistants the taxi compliance officer considers necessary— (a) to enter the place named or described in the warrant; or (b) to inspect a commercial passenger vehicle or non-cash payment processing device named or described in the warrant; or (c) to search for and seize any thing named or described in the warrant. s. 37 -- 52 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 46 Authorised by the Chief Parliamentary Counsel (3) In addition to any other requirement, a search warrant issued under this section must— (a) state the offence or civil penalty breach suspected; and (b) state the name or describe the place to be searched or commercial passenger vehicle or non-cash payment processing device to be inspected; and (c) include a description of the thing or information for which the search is to be made; and (d) state any conditions to which the warrant is subject; and (e) state whether entry is authorised to be made at any time or during stated hours; and (f) state a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect. (4) A search warrant must be issued in accordance with the Magistrates' Court Act 1989 and in the form set out in the regulations under that Act. (5) Despite section 78 of the Magistrates' Court Act 1989, a search warrant must not authorise a taxi compliance officer to arrest a person. (6) Subject to any provision to the contrary in this Division, the rules to be observed with respect to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to warrants under this section. s. 37 -- 53 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 47 Authorised by the Chief Parliamentary Counsel 228RO Seizure of things not mentioned in the warrant A search warrant authorises the taxi compliance officer executing the warrant, in addition to the seizure of any thing of the kind described in the warrant, to seize any thing which is not of the kind described in the warrant if— (a) the taxi compliance officer believes, on reasonable grounds, that the thing will afford evidence about— (i) the commission of an offence against a commercial passenger vehicle law; or (ii) the breach of a civil penalty provision; and (b) in the case of seizure, the taxi compliance officer believes, on reasonable grounds, that it is necessary to seize that thing in order to prevent— (i) its concealment, loss or destruction; or (ii) its use in the commission of an offence against a commercial passenger vehicle law or breach of a civil penalty provision. Note A thing would include a document which is defined in the Interpretation of Legislation Act 1984. 228RP Announcement before entry (1) Before executing a search warrant, the taxi compliance officer named in the warrant or a person assisting the taxi compliance officer must— s. 37 -- 54 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 48 Authorised by the Chief Parliamentary Counsel (a) announce that he or she is authorised by the warrant to enter the place or commercial passenger vehicle named or described in the warrant; and (b) give any person at the place or in control of the vehicle an opportunity to allow entry to the place or into the vehicle. (2) The taxi compliance officer or a person assisting the taxi compliance officer need not comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the place or into the vehicle is required to ensure— (a) the safety of any person; or (b) that the effective execution of the search warrant is not frustrated. 228RQ Copy of warrant to be given to occupier (1) This section applies if— (a) the occupier or another person who apparently represents the occupier is present at any place to which a search warrant applies when the warrant is being executed; or (b) the operator or driver of a commercial passenger vehicle to which a search warrant applies is present when the warrant is being executed. (2) The taxi compliance officer must— (a) identify himself or herself to that person by producing his or her identity card for inspection by that person; and (b) give to that person a copy of the execution copy of the warrant. s. 37 -- 55 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 49 Authorised by the Chief Parliamentary Counsel Subdivision 6—Ancillary investigatory powers 228RR Use or seizure of electronic equipment (1) If— (a) a thing found at any commercial passenger vehicle premises or other place or on or in a commercial passenger vehicle is or includes a disk, tape or other device for the storage, receipt, generation, transmission or retrieval of information or is a non-cash payment processing device (the applicable device); and (b) equipment at the commercial passenger vehicle premises or place or on or in the vehicle may be used with the applicable device; and (c) a taxi compliance officer believes on reasonable grounds that the information stored on the applicable device is relevant to determine whether a relevant breach has occurred— the taxi compliance officer, or a person assisting the taxi compliance officer, may operate, or may require the occupier or an employee of the occupier of the premises or place or the operator or driver of the vehicle to operate, the equipment to access the information. (2) If the taxi compliance officer, or a person assisting the taxi compliance officer, finds that an applicable device at the commercial passenger vehicle premises or place or in the commercial passenger vehicle contains information, or has sent, transmitted or generated information, of the kind referred to in subsection (1)(c), he or she may— s. 37 -- 56 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 50 Authorised by the Chief Parliamentary Counsel (a) put the information in documentary form and seize the documents so produced; or (b) copy the information to another disk, tape or storage device and remove that disk, tape or storage device from the commercial passenger vehicle premises or place or vehicle; or (c) if it is not practicable to put the information in documentary form nor to copy the information, seize either or both of the following— (i) the applicable device; (ii) the equipment (if any) that enables the information to be accessed. (3) A taxi compliance officer, or a person assisting a taxi compliance officer, must not operate or seize equipment for the purpose mentioned in this section unless the taxi compliance officer or person assisting believes on reasonable grounds that the operation or seizure of the equipment can be carried out without damage to the equipment. (4) In this section— relevant breach means— (a) the commission of an offence against a commercial passenger vehicle law; or (b) a breach of a civil penalty provision; or (c) a breach of the conditions or restrictions of an accreditation of an accredited person; or s. 37 -- 57 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 51 Authorised by the Chief Parliamentary Counsel (d) a breach of a condition of a licence to operate a commercial passenger vehicle. 228RS Use of equipment to examine or process things (1) Without limiting section 228RM, a taxi compliance officer exercising a power under this Division may bring to, onto, or into commercial passenger vehicle premises or a place, or to a commercial passenger vehicle, any equipment reasonably necessary for the examination or processing of things found at the premises or place or on or in the vehicle in order to determine whether they are things that may be seized. (2) The taxi compliance officer, or a person assisting the officer, may operate equipment already at commercial passenger vehicle premises or a place or on or in a commercial passenger vehicle to carry out the examination or processing of a thing found in or at the premises or place to determine whether it is a thing that may be seized, if the officer or person assisting believes on reasonable grounds that— (a) the equipment is suitable for the examination or the processing; and (b) the examination or processing can be carried out without damage to the equipment. Subdivision 7—Seized things 228RT Receipt for seized things (1) If a taxi compliance officer seizes a thing at a place or from a commercial passenger vehicle under this Division, the officer must s. 37 -- 58 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 52 Authorised by the Chief Parliamentary Counsel give a receipt for the thing to the person in charge of the thing at the place or vehicle from which it was taken. (2) A receipt must— (a) identify the thing seized; and (b) state the name of the taxi compliance officer who seized the thing and the reason why the thing was seized. (3) If for any reason it is not practicable for a taxi compliance officer to comply with subsection (1), the taxi compliance officer may— (a) leave the receipt at the place, or affix the receipt on the commercial passenger vehicle, in a conspicuous position and in a reasonably secure way; or (b) send the receipt, by post, to the person in charge of the place or commercial passenger vehicle from where the thing was seized. (4) In this section— person in charge means— (a) in relation to a place, the occupier or another person who apparently represents the occupier who is present at the place; (b) in relation to a commercial passenger vehicle, the operator or driver of the vehicle. s. 37 -- 59 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 53 Authorised by the Chief Parliamentary Counsel 228RU Copies of certain seized things to be given (1) If, under this Division, a taxi compliance officer seizes— (a) a document; or (b) a thing that can be readily copied; or (c) a storage device containing information that can be readily copied— the taxi compliance officer must give a copy of the document, thing or information to the owner or custodian of the document, thing or device as soon as practicable after the seizure. (2) Subsection (1) does not apply if the taxi compliance officer is unable to discover the identity of the owner or custodian of any document, thing or device seized. 228RV Return of seized things (1) If a taxi compliance officer seizes a thing under this Division, the taxi compliance officer must take reasonable steps to return the thing to the person from whom it was seized if the reason for its seizure no longer exists. (2) If the thing has not been returned before the end of the retention period, the taxi compliance officer must take reasonable steps to return it unless— (a) proceedings have commenced within the retention period and those proceedings (including any appeal) have not been completed; or (b) the Magistrates' Court makes an order under section 228RW extending the retention period; or s. 37 -- 60 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 54 Authorised by the Chief Parliamentary Counsel (c) the thing has been forfeited to the State under section 228RX. 228RW Magistrates' Court may extend period (1) A taxi compliance officer may apply to the Magistrates' Court in respect of a thing seized from a place or a commercial passenger vehicle under this Division within the retention period or within a period extended by the Court under this section for an extension of that period. (2) The Magistrates' Court may order such an extension if satisfied that retention of the thing is necessary— (a) for the purposes of an investigation into whether an offence has been committed against a commercial passenger vehicle law or a breach of a civil penalty provision has occurred; or (b) to enable evidence of an offence against a commercial passenger vehicle law to be obtained for the purposes of a prosecution. (3) The Court may adjourn an application to enable notice of the application to be given to any person. 228RX Forfeiture of seized thing (1) Any thing that a taxi compliance officer has seized and retained under this Division is forfeited to the State if the taxi compliance officer— (a) cannot find the thing's owner despite making reasonable enquiries; or (b) cannot return the thing to the owner despite making reasonable efforts; or s. 37 -- 61 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 55 Authorised by the Chief Parliamentary Counsel (c) considers it necessary to retain the thing to prevent the commission of an offence against a commercial passenger vehicle law or a breach of a civil penalty provision. (2) If a thing is forfeited to the State under subsection (1)(c), the taxi compliance officer must notify (in writing) the owner accordingly, setting out how the owner may seek review of the decision to forfeit the thing, unless the taxi compliance officer cannot find the owner despite making reasonable enquiries. Subdivision 8—Directions 228RY Power to require production of information or documents and related items (1) A TSC Commissioner or taxi compliance officer may, for compliance and investigative purposes, direct a specified person or a provider of a non-cash payment processing service to provide to him or her— (a) any information or document required to be kept under a commercial passenger vehicle law; or (b) any information or document, device (including a non-cash payment processing device) or other thing in the person's possession or control relating to— (i) taxi operations; or (ii) the provision of taxi-cab network services; or (iii) the provision of a non-cash payment processing service; or s. 37 -- 62 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 56 Authorised by the Chief Parliamentary Counsel (iv) a taxi non-cash payment surcharge. (2) The direction must state where, to whom and how the information, document, device or other thing is to be produced. (3) Without limiting subsection (2), a direction may— (a) specify a period to which it applies; or (b) require that a document produced is a copy of the original; or (c) require that a document that is produced in electronic form is accompanied by sufficient information to enable the TSC Commissioner or taxi compliance officer to access the document. (4) In giving a direction, the TSC Commissioner or taxi compliance officer may specify particular information or a particular document, device, or other thing, or particular class of information or document, device or other thing. (5) The TSC Commissioner or taxi compliance officer may do any or all of the following— (a) inspect any document, device or other things that is produced; (b) copy or put into printable form any document or copy any device or other thing that is produced ; (c) seize and remove any document, device or other thing that is produced that the TSC Commissioner or taxi compliance officer believes on reasonable grounds provides, or may on further inspection provide, evidence of a contravention of s. 37 -- 63 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 57 Authorised by the Chief Parliamentary Counsel a commercial passenger vehicle law or breach of a civil penalty provision. (6) A person must not refuse or fail to comply with a direction under subsection (1) unless the person has a reasonable excuse. Penalty: In the case of a natural person, 60 penalty units; In the case of a body corporate, 300 penalty units. 228RZ Manner in which directions under section 228RY may be given (1) A TSC Commissioner or taxi compliance officer may give a direction under section 228RY orally or in writing. (2) If giving a direction orally, the TSC Commissioner or taxi compliance officer giving the direction— (a) must state whether it is to be complied with immediately or within a specified period; and (b) must warn the person to whom the direction is given that it is an offence under section 228RY(6) to fail to comply with a direction. (3) If giving a direction in writing, the TSC Commissioner or taxi compliance officer must ensure that the direction— (a) states the period within which it is to be complied with; and (b) states that it is an offence under section 228RY(6) to fail to comply with a direction. s. 37 -- 64 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 58 Authorised by the Chief Parliamentary Counsel (4) A written direction may be given to, or sent by post to, the person to whom it is directed. Subdivision 9—Miscellaneous provisions relating to enforcement powers 228RZA Use of force A power conferred by this Division to enter a place or a commercial passenger vehicle, or to do anything at any place or in any commercial passenger vehicle, may not be exercised unless the taxi compliance officer proposing to exercise the power uses no more force than is reasonably necessary to effect the entry or do the thing for which entry is effected. 228RZB Manner in which taxi compliance officers must exercise powers In exercising powers under this Division, a taxi compliance officer must— (a) cause as little inconvenience as possible; and (b) not remain at any place or in any commercial passenger vehicle longer than is reasonably necessary. 228RZC Compensation for damage caused during exercise of powers under this Division (1) The TSC must pay compensation for any damage caused by a taxi compliance officer, or a person assisting a taxi compliance officer, in exercising (or purporting to exercise) any power conferred by this Division. (2) However, the TSC is not liable to pay compensation to a person for any damage caused during any inspection or search s. 37 -- 65 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 59 Authorised by the Chief Parliamentary Counsel conducted under Subdivision 4, or under a search warrant executed in accordance with Subdivision 5, if— (a) the thing that was the object of the inspection or search is found and that thing provides evidence of— (i) the commission of an offence against a commercial passenger vehicle law; or (ii) a breach of a civil penalty provision; or (iii) non-compliance with a commercial passenger vehicle law; and (b) the damage caused was no more than was reasonably necessary in inspecting, or searching for, the thing. (3) In determining the amount of compensation payable in relation to any damage caused to electronic equipment, regard is to be had to whether the occupier of the place and the employees and agents of the occupier, if they were available at the time, or operator or driver of the commercial passenger vehicle, had provided any warning or guidance as to the operation of the equipment that was appropriate in the circumstances. 228RZD Abrogation of privilege against self- incrimination (1) A person is not excused from complying with a direction given under this Division on the ground that complying with the direction may result in information being provided that— s. 37 -- 66 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 60 Authorised by the Chief Parliamentary Counsel (a) might incriminate the person; or (b) may make the person liable to a penalty. (2) Relevant information— (a) is not admissible in evidence against the person in a criminal proceeding or a proceeding for the imposition of a civil penalty other than in a proceeding in respect of the provision of false information; or (b) must not be used in any action, proceeding or process that may make the person liable to a penalty. (3) In subsection (2) relevant information means— (a) information obtained from a natural person under a direction given under this Division; and (b) any information, document or thing obtained as a direct result or indirect consequence of information disclosed or provided by a natural person under paragraph (a). (4) Despite subsection (2), any information obtained from a person under this Division that is contained in any document or item that the person is required to keep under a commercial passenger vehicle law— (a) is admissible in evidence against the person in— (i) a criminal proceeding; or (ii) a proceeding for the imposition of a civil penalty; or s. 37 -- 67 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 61 Authorised by the Chief Parliamentary Counsel (b) may be used in any action, proceeding or process that may make a person liable to a penalty. 228RZE Legal professional privilege not abrogated Nothing in this Division requires a person to produce a document that would disclose information or otherwise provide information that is the subject of legal professional privilege. Subdivision 10—Review of decisions 228RZF Reviewable decisions (1) The following Table sets out— (a) decisions made under this Division that are reviewable in accordance with this Subdivision (reviewable decisions); and (b) who is eligible to apply for review of a reviewable decision (the eligible person in relation to the reviewable decision). (2) To avoid doubt, sections 4 and 5 of the Victorian Civil and Administrative Tribunal Act 1998 apply for the purposes of this Division. Note Under section 4 of that Act, a person makes a decision if the person refuses to make a decision or an instrument, imposes a condition or restriction or does or refuses to do any other act or thing. Section 5 of that Act sets out when a person's interests are affected by a decision. s. 37 -- 68 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 62 Authorised by the Chief Parliamentary Counsel Table Item Provision under which reviewable decision is made Eligible person in relation to reviewable decision 1 Section 228RX (forfeiture of seized things) The owner of the thing forfeited. 228RZG Review by TSC (1) An eligible person— (a) in relation to a reviewable decision made by a taxi compliance officer may, within 28 days after the decision was made, apply to the TSC for a review of the decision; and (b) in relation to a reviewable decision, other than a decision made by a taxi compliance officer, may apply to the TSC for review of the decision within— (i) 28 days after the day on which the decision first came to the eligible person's notice; or (ii) such longer period as the TSC allows. (2) The application must be in the form approved (in writing) by the TSC. (3) If an application is made to the TSC in accordance with this section, the TSC must make a decision— (a) to affirm or vary the reviewable decision; or (b) to set aside the reviewable decision and substitute another decision that the TSC considers appropriate. s. 37 -- 69 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 63 Authorised by the Chief Parliamentary Counsel (4) The TSC must give a written notice to the applicant setting out— (a) the TSC's decision under subsection (3) 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. (5) If the TSC has not notified an applicant of a decision in accordance with subsection (4), the TSC is taken to have made a decision to affirm the reviewable decision. (6) An application under this section does not affect the operation of the reviewable decision or prevent the taking of any action to implement it unless the TSC, on its own initiative or on the application of the applicant for review, stays the operation of the decision pending the determination of the review. (7) The TSC must make a decision on an application for a stay within 24 hours after the making of the application. (8) If the TSC has not made a decision in accordance with subsection (7), the TSC is taken to have made a decision to grant a stay. (9) The TSC may attach any conditions to a stay of the operation of a reviewable decision that it considers appropriate. s. 37 -- 70 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 64 Authorised by the Chief Parliamentary Counsel 228RZH Review by VCAT (1) A person may apply to VCAT for review of a reviewable decision made by the TSC if the person is an eligible person in relation to the reviewable decision. (2) The application for review must be lodged with the Tribunal within 28 days after— (a) notice of the decision was given; or (b) if, under section 45 of the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision— the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given. Subdivision 11—Regulations 228RZI Regulations (1) The Governor in Council may make regulations for or with respect to— (a) requiring persons who provide non- cash payment processing services to keep— (i) records of or in relation to taxi non-cash payment surcharges levied by the persons; and (ii) records of or in relation to the operation and programming of non-cash payment processing devices; and (iii) records relating to the retention and storage of information, data and electronic communications s. 37 -- 71 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 65 Authorised by the Chief Parliamentary Counsel relating to taxi non-cash payment surcharges; and (iv) records of or in relation to the structure of, setting of, receipt of, and commercial arrangements supporting, taxi non-cash payment surcharges; and (b) any other matter or thing required or permitted by this Division to be prescribed or necessary to be prescribed to give effect to this Division. (2) Regulations made under this section— (a) may be of general or limited application; and (b) may differ according to differences in time, place or circumstance; and (c) may prescribe penalties of not more than 20 penalty units for any contravention of the regulations; and (d) may confer a power or discretionary authority on a person or a class of person; and (e) may apply, adopt or incorporate (with or without modification) any matter contained in a document as in force at the time the regulations are made or at any time before then; and (f) may provide for the exemption of a specified person or thing or a specified class of person or thing from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified.". s. 37 -- 72 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 66 Authorised by the Chief Parliamentary Counsel 38 Criminal liability of officers of bodies corporate— failure to exercise due diligence In section 226(2) of the Principal Act— (a) in paragraph (w), for "228QA(6)." substitute "228QA(6);"; (b) after paragraph (w) insert— "(x) section 228RY(6).". Division 5—Abolition of Public Transport Fund amendments 39 Section 11 repealed Section 11 of the Principal Act is repealed. 40 Financial assistance to train drivers following fatal incidents In section 12(4) of the Principal Act omit "of the Public Transport Fund". 41 New Division 11 inserted in Part VIII After section 350 of the Principal Act insert— "Division 11—Transitional provisions— Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 351 Definitions In this Division— commencement day means the day on which section 39 of the Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 comes into operation; general fund means the general fund established under section 79VE of the Transport Integration Act 2010; s. 38 -- 73 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 67 Authorised by the Chief Parliamentary Counsel money standing to the credit of the old fund includes money that is income from the investment of money standing to the credit of the old fund and that is the proceeds of sale of any investment; old fund means the Public Transport Fund established under section 11 as in force immediately before the commencement day; specified day means the day specified in an Order under section 353(1). 352 Continuation of Public Transport Fund (1) On and after the commencement day, the old fund continues despite the repeal of section 11. (2) While the old fund is continued under this section— (a) section 11 continues in force as if it had not been repealed; and (b) section 12(4) continues in force as if it had not been amended by section 40 of the Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014. (3) Nothing in this section affects the abolition of the old fund in accordance with section 354. 353 Specification of money to be transferred (1) While the old fund is continued under section 352, the Governor in Council, on the recommendation of the Minister and Treasurer, by Order published in the Government Gazette, may specify— s. 41 -- 74 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 68 Authorised by the Chief Parliamentary Counsel (a) an amount of money standing to the credit of the old fund that is to be transferred to the general fund; and (b) the day on which the amount of money specified under paragraph (a) is to be transferred (the specified day). (2) The amount of money specified under an Order under subsection (1) may be— (a) an amount specified in the Order; or (b) an amount that can be determined— (i) through the application of a formula or methodology specified in the Order; or (ii) by reference to the basis on which it was paid or is payable into the old fund. 354 Transfer of money and abolition of old fund (1) On the specified day— (a) the amount of money specified under an Order under section 353(1) is paid out of the old fund and forms part of the general fund; and (b) all other money standing to the credit of the old fund forms part of the Consolidated Fund; and (c) the old fund is abolished. (2) In addition— (a) all amounts that are received on and after the specified day under agreements, leases or licences to which the Crown, or another person on behalf of the Crown, is a party relating to, or s. 41 -- 75 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 69 Authorised by the Chief Parliamentary Counsel connected with, passenger services or other transport services that would have been payable into the old fund before its abolition must be paid into the Consolidated Fund; and (b) all amounts allocated to the Crown on and after the specified day in accordance with any agreement referred to in section 34(2A)(a) of the Transport Integration Act 2010 that would have been payable into the old fund before its abolition must be paid into the Consolidated Fund. 355 References to old fund (1) A reference to the old fund in any Act, subordinate instrument, agreement, lease, licence or other document to the extent that it relates to any money specified in an Order under section 353(1)(a) is taken to be a reference to the general fund, unless the contrary intention appears. (2) A reference to the old fund in any Act, subordinate instrument, agreement, lease, licence or other document to the extent that it relates to any money to which section 354(1)(b) applies is taken to be a reference to the Consolidated Fund, unless the contrary intention appears.". Division 6—Other amendments 42 Regulations (1) In section 56(1)(ga) of the Principal Act— (a) in subparagraph (i), for "the parking may occur" substitute "vehicles may be parked or removed"; s. 42 -- 76 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 70 Authorised by the Chief Parliamentary Counsel (b) in subparagraph (i)(A)— (i) after "parking" insert "or removal"; (ii) for "owner onus applies" substitute "operator onus applies under Part 6AA of the Road Safety Act 1986"; (c) for subparagraph (iv) substitute— "(iv) providing for authorised officers to require an occupant, or an intending occupant, of a vehicle that is at or has just left the place to produce evidence that any condition or restriction applying to parking at or removal from that place has been complied with, regardless of where the person is at the time the requirement is made;"; (d) for subparagraph (v) substitute— "(v) providing for the person in control of the place, any person acting on behalf of that person and authorised officers to give directions to the owner or driver of a vehicle in relation to the parking of the vehicle at, or removal of the vehicle from, the place (including directions that the vehicle not be parked at the place, or that the vehicle be removed from the place, or that a vehicle that has just left the place must stop), regardless of whether the owner or driver is in the vehicle, and regardless of where the person giving the direction is at the time the direction is given, and regardless of whether the vehicle is at or has just left the place at the time the direction is given;"; (e) in subparagraph (vi), after "place," insert "a person acting on behalf of that person". s. 42 -- 77 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 71 Authorised by the Chief Parliamentary Counsel (2) In section 56(3)(c) of the Principal Act, after "thereof" insert "or, in the case of regulations relating to subsection (1)(ga), by a passenger transport company or by any officer thereof". 43 Definition of taxi non-cash payment transaction In section 86(1) of the Principal Act, in the definition of taxi non-cash payment transaction, for "by the use of a debit, credit or charge card" substitute ", other than by means of cash,". 44 Tests, qualifications and other requirements For section 167(1E) of the Principal Act substitute— "(1E) The licensing authority must publish the name and provider of any course of training specified under this section on the licensing authority's Internet site.". 45 New Division 1C of Part VIII inserted After Division 1B of Part VIII of the Principal Act insert— "Division 1C—Wheelchair accessible taxi-cab fixed term licence fee instalment amounts 246CZE Definitions In this Division— 2010 Order means the Order made under section 143A dated 17 June 2010 and published in the Government Gazette (No. S246) on 28 June 2010 and includes the Rules set out in Appendix 1 to the Order; 2014 amending Order means the Order made under section 143A dated 16 February 2014 and published in the s. 43 -- 78 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 72 Authorised by the Chief Parliamentary Counsel Government Gazette (No. S44) on 17 February 2014; new taxi-cab licence has the same meaning as in Part VI; taxi-cab has the same meaning as in Part VI; taxi-cab licence has the same meaning as in Part VI; WAT fixed term licence means a taxi-cab licence granted under section 143A(2) and in accordance with the 2010 Order in respect of a wheelchair accessible taxi-cab; wheelchair accessible taxi-cab means a taxi- cab that has been constructed or modified so that it can accommodate and secure one or more occupied wheelchairs. 246CZF Instalment amounts for licence fees for WAT fixed term licences changed (1) This section applies despite anything to the contrary in section 143A or the 2010 Order but subject to section 246CZG. (2) The third and subsequent instalment amounts payable in respect of a licence fee for a WAT fixed term licence in accordance with section 143A and the 2010 Order are taken to be substituted with the instalment amounts set out in the following Table— Table Instalment Instalment amount Third $18 400 less the amount of the annual licence fee payable under section 147A(1) for the licence in the year the third instalment is payable s. 45 -- 79 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 73 Authorised by the Chief Parliamentary Counsel Instalment Instalment amount Fourth $18 400 less the amount of the annual licence fee payable under section 147A(1) for the licence in the year the fourth instalment is payable Fifth to tenth The appropriate wheelchair accessible taxi-cab annual licence fee for the Zone specified in the licence set out in the Table in section 147A(2B) Note Under rule 15.3.2 of the Rules set out in Appendix 1 to the 2010 Order, the licence fee for a WAT fixed term licence is payable in 10 annual instalments. (3) Each instalment amount set out in the Table in subsection (2) is taken to be payable as follows— (a) for the third instalment amount, on the third anniversary of the day on which the applicable WAT fixed term licence was granted; (b) for the fourth instalment amount, on the fourth anniversary of the day on which the applicable WAT fixed term licence was granted; (c) for the fifth to the tenth instalment amount, on the relevant anniversary of the day on which the applicable WAT fixed term licence was granted. Example For the seventh instalment, the relevant anniversary is the seventh anniversary of the day on which the applicable WAT fixed term licence was granted. s. 45 -- 80 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 74 Authorised by the Chief Parliamentary Counsel (4) To avoid doubt— (a) rule 16.4 of the Rules set out in Appendix 1 to the 2010 Order applies in relation to the payment of the instalment amounts set out in the Table in subsection (2); and (b) this section does not affect any right a holder of a WAT fixed term licence has to apply under section 146AAA to have that licence converted into a new taxi- cab licence. 246CZG Set off of excess licence fee payments (1) This section applies if a holder of a WAT fixed term licence has, before the commencement of section 45 of the Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014, paid a third or fourth instalment amount in respect of the licence fee for the WAT fixed term licence they hold that is greater than the amount set out in the Table in section 246CZF(2) for that instalment amount (an excess amount). (2) The excess amount is taken to be an amount that is to the credit of the holder of the WAT fixed term licence and must be set off against the next instalment amount that is payable by the holder in respect of the licence fee for the WAT fixed term licence. 246CZH Revocation of 2014 amending Order (1) The 2014 amending Order is taken to have been revoked on 17 February 2014. (2) To avoid doubt, the 2010 Order is taken to have not been amended by paragraph 6 of the 2014 amending Order.". s. 45 -- 81 of 109 -- Part 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 75 Authorised by the Chief Parliamentary Counsel 46 Statute law revision (1) In section 2(1) of the Principal Act, in the definition of Safety Director, for "Section" substitute "section". (2) In section 136(3) of the Principal Act, for "subsection (1)" substitute "subsection (1A)". (3) In section 136A(3) of the Principal Act, for "section 136(1)" substitute "section 136(1A)". (4) In section 212AA(5) of the Principal Act, for "pay" substitute "to pay". __________________ s. 46 -- 82 of 109 -- Part 3—Amendment of Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 76 Authorised by the Chief Parliamentary Counsel PART 3—AMENDMENT OF TRANSPORT LEGISLATION AMENDMENT (FOUNDATION TAXI AND HIRE CAR REFORMS) ACT 2013 47 Taxi-cab zones In section 11 of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013, after proposed new section 143B(6) of the Transport (Compliance and Miscellaneous) Act 1983 insert— "(6A) Despite anything to the contrary in this section, the licensing authority may include within a Zone the area comprising Avalon Airport despite that area also being included within another Zone.". 48 Licensing authority may vary Zone conditions for pre-booked taxi-cab (1) In section 13(1) of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013, in proposed new section 144(1)(ba), for "and (bd)" substitute ", (bd) and (bda)". (2) In section 13(1) of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013, for proposed new section 144(1)(bb), (bc) and (bd) substitute— "(bb) in the case of a commercial passenger vehicle that is a taxi-cab in the licence of which the Melbourne Metropolitan Zone is specified, that the vehicle may, if pre-booked to do so, pick up a passenger outside that Zone and drop him or her off in any Zone but cannot drop off a passenger picked up in the Urban and Large Regional Zone in the Urban and Large Regional Zone; and s. 47 See: Act No. 43/2013. Statute Book: www. legislation. vic.gov.au -- 83 of 109 -- Part 3—Amendment of Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 77 Authorised by the Chief Parliamentary Counsel (bc) in the case of a commercial passenger vehicle that is a taxi-cab in the licence of which the Urban and Large Regional Zone is specified, that the vehicle may, if pre-booked to do so, pick up a passenger outside that Zone and drop him or her off in any Zone but cannot drop off a passenger picked up in the Melbourne Metropolitan Zone in the Melbourne Metropolitan Zone and may only drop him or her off in another Zone if that Zone is specified for that taxi-cab by a notice published under subsection (1BA); and (bd) in the case of a commercial passenger vehicle that is a taxi-cab in the licence of which the Regional Zone is specified, that the vehicle may, if pre-booked to do so, pick up a passenger outside that Zone and drop him or her off in any Zone but cannot drop off a passenger picked up in the Melbourne Metropolitan Zone or the Urban and Large Regional Zone in the Zone in which he or she was picked up and may only drop him or her off in another Zone if that Zone is specified for that taxi-cab by a notice published under subsection (1BA); and (bda) in the case of a commercial passenger vehicle that is a taxi-cab in the licence of which the Country Zone is specified, that the vehicle may, if pre-booked to do so, pick up a passenger outside that Zone and drop him or her off in any Zone but cannot drop off a passenger picked up in a Zone other than the Country Zone in the Zone in which he or she was picked up and may only drop him or her off in another Zone if that Zone is specified for that taxi-cab by a notice published under subsection (1BA); and". s. 48 -- 84 of 109 -- Part 3—Amendment of Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 78 Authorised by the Chief Parliamentary Counsel (3) After section 13(2) of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013 insert— '(2A) After section 144(1B) of the Transport (Compliance and Miscellaneous) Act 1983 insert— "(1BA) The licensing authority, by notice published in the Government Gazette, may permit a specified commercial passenger vehicle that is a taxi-cab or a specified class of such vehicles or all such vehicles, if pre-booked to do so, to drop off a passenger picked up in a regulated zone in a taxi-cab zone referred to in section 143B(1) that is specified in the notice. (1BB) The licensing authority may only act under subsection (1BA) if it considers that to do so is in the interests of existing and future users of taxi-cab services in the zone proposed to be specified in the notice. (1BC) In subsection (1BA) regulated zone means— (a) for a taxi-cab in the licence of which the Urban and Large Regional Zone is specified, the Melbourne Metropolitan Zone; or (b) for a taxi-cab in the licence of which the Regional Zone is specified, the Melbourne Metropolitan Zone or the Urban and Large Regional Zone; or s. 48 -- 85 of 109 -- Part 3—Amendment of Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 79 Authorised by the Chief Parliamentary Counsel (c) for a taxi-cab in the licence of which the Country Zone is specified, a Zone other than the Country Zone.".'. 49 Transfers of licences Section 19(1) of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013 is repealed. 50 Implied conditions as to fares or hiring rates (1) For section 24(2) of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013 substitute— "(2) Before section 144(1)(e) of the Transport (Compliance and Miscellaneous) Act 1983 insert— "(db) in the case of a commercial passenger vehicle that is a taxi-cab in the licence of which the Melbourne Metropolitan Zone or the Urban and Large Regional Zone is specified, that no fare or hiring rate is to be charged that is in excess of that permitted by a determination made by the ESC under Division 5A; and (dc) in the case of a commercial passenger vehicle that is a taxi-cab in the licence of which the Regional Zone or the Country Zone is specified, that no fare or hiring rate is to be charged that is in excess of that notified to, and published by, the licensing authority under Division 5AB; and". (2) In section 24(3) of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013, after "(1)(db)" insert ", (1)(dc)". s. 49 -- 86 of 109 -- Part 3—Amendment of Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 80 Authorised by the Chief Parliamentary Counsel 51 Powers in relation to fares regulation (1) In the heading to section 28 of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013, after "5A" insert ", 5AB". (2) In section 28(1) of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013, in the heading to proposed new Division 5A of Part VI of the Transport (Compliance and Miscellaneous) Act 1983, after "fares" insert "in Melbourne Metropolitan Zone and Urban and Large Regional Zone". (3) In section 28(1) of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013, in proposed new section 162C(1)(a) of the Transport (Compliance and Miscellaneous) Act 1983, after "taxi-cabs" insert ", in the licence of which the Melbourne Metropolitan Zone or the Urban and Large Regional Zone is specified,". (4) In section 28(1) of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013, in proposed new section 162E(4) of the Transport (Compliance and Miscellaneous) Act 1983— (a) for "section 28" substitute "section 28(1)"; and (b) for 'operation.".' substitute "operation.". s. 51 -- 87 of 109 -- Part 3—Amendment of Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 81 Authorised by the Chief Parliamentary Counsel (5) In section 28(1) of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013, after proposed new section 162E(4) of the Transport (Compliance and Miscellaneous) Act 1983 insert— "Division 5AB—Notification, publication and monitoring of taxi fares and hiring rates in the Regional and Country Zones 162EA Licensing authority to be notified of maximum taxi fares and hiring rates in Regional and Country Zones (1) This section applies only in relation to a taxi- cab in the licence of which the Regional Zone or the Country Zone is specified. (2) The holder of a taxi-cab operator accreditation must not begin to operate a taxi-cab unless— (a) the holder, or a person referred to in subsection (3), has submitted to the licensing authority a notice in the form approved by the authority containing the prescribed information relating to the maximum fares or hiring rates to be charged in respect of the taxi-cab; and (b) the terms of that notice have been published by the licensing authority on its internet site as required by section 162EB(1). Penalty: In the case of a natural person, 60 penalty units; In the case of a body corporate, 300 penalty units. (3) A person accredited to provide taxi-cab network services (within the meaning of Division 4) who has entered into s. 51 -- 88 of 109 -- Part 3—Amendment of Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 82 Authorised by the Chief Parliamentary Counsel arrangements with the holder of a taxi-cab operator accreditation in respect of a particular taxi-cab may submit to the licensing authority the notice referred to in subsection (2)(a) in respect of that taxi-cab. (4) A person who was the operator of a taxi-cab immediately before the commencement of section 24(2) of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013 is to be taken to have submitted to the licensing authority in respect of the taxi-cab, and the licensing authority is to be taken to have received, a notice of a kind referred to in subsection (2)(a) that specifies, as the maximum fares or hiring rates to be charged in respect of the taxi-cab, the fares or hiring rates as determined by the Minister immediately before that commencement. (5) If at any time the operator of a taxi-cab proposes to vary the maximum fares or hiring rates to be charged in respect of the taxi-cab, the operator, or a person referred to in subsection (3), may submit to the licensing authority a notice of a kind referred to in subsection (2)(a) in respect of the taxi- cab. (6) Without limiting section 115F(1)(de) of the Transport Integration Act 2010, the licensing authority must prepare material to provide practical guidance and information to the holders of a taxi-cab operator accreditation or provider of taxi-cab network services accreditation on— (a) the development of new fare or hiring rates; and (b) the effect of this section. s. 51 -- 89 of 109 -- Part 3—Amendment of Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 83 Authorised by the Chief Parliamentary Counsel 162EB Licensing authority must publish maximum taxi fares and hiring rates in Regional and Country Zones (1) The licensing authority, within 5 business days after receiving, or being taken to have received, a notice of a kind referred to in section 162EA(2)(a) must— (a) publish, on its internet site, the terms of the notice; and (b) notify the operator of any taxi-cab to which the notice relates of the date on which it published, or intends to publish, the notice on its internet site. (2) A notification under subsection (1)(b) must be— (a) in writing; and (b) given to the operator as soon as practicable after the licensing authority receives, or is taken to have received, the notice. (3) The licensing authority may also publish on its internet site, in any form that it considers appropriate, information about the maximum fares or hiring rates that may be charged in any area within the Regional Zone or the Country Zone. 162EC Operators of taxi-cabs in Regional and Country Zones must notify hirers of maximum fares and hiring rates The operator of a taxi-cab in the licence of which the Regional Zone or the Country Zone is specified must ensure that information about the maximum fares or hiring rates chargeable in respect of the taxi- s. 51 -- 90 of 109 -- Part 3—Amendment of Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 84 Authorised by the Chief Parliamentary Counsel cab is made available to hirers in accordance with any prescribed standard. Penalty: 20 penalty units. 162ED ESC to monitor prices, costs and return on assets in Regional and Country Zones (1) During the 5 year period beginning on the commencement of section 28(1) of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013 the ESC must monitor the prices, costs and return on assets in the taxi industry in the Regional Zone and the Country Zone with a view to— (a) keeping Victorian consumers and the Government informed about the economic performance of that industry; and (b) supporting the efficient operation of that industry by— (i) monitoring, describing and analysing trends in prices, costs and return on assets; and (ii) identifying and highlighting potential areas of misuse of market power that warrant further investigation. Note The ESC has power to obtain information and documents under section 37 of the Essential Services Commission Act 2001. (2) The reference in subsection (1) to the taxi industry in the Regional Zone and the Country Zone is a reference to the services provided by taxi-cabs in the licence of which s. 51 -- 91 of 109 -- Part 3—Amendment of Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 85 Authorised by the Chief Parliamentary Counsel the Regional Zone or the Country Zone is specified. (3) The ESC must prepare an annual report on the conduct of its activities under this section and may at any time, on its own initiative, prepare a special report on the conduct of those activities. (4) In preparing a report, the ESC must have regard to the need to ensure that information obtained by it that is of a commercially- sensitive nature is not disclosed in the report. (5) The ESC must submit a copy of any report prepared by it under this section to the Minister administering this Division and to the licensing authority. (6) The ESC and the licensing authority must ensure that a copy of any report submitted under subsection (5) is published on its internet site.". 52 Driver agreements (1) In section 32 of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013, in proposed new section 162J of the Transport (Compliance and Miscellaneous) Act 1983— (a) in the definition of driver agreement for "or of service." substitute "or of service;"; (b) after the definition of driver agreement insert the following definition— "Small Business Commissioner means the Small Business Commissioner appointed under section 4 of the Small Business Commissioner Act 2003.". s. 52 -- 92 of 109 -- Part 3—Amendment of Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 86 Authorised by the Chief Parliamentary Counsel (2) In section 32 of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013, in proposed new Division 5C of Part VI of the Transport (Compliance and Miscellaneous) Act 1983, after Subdivision 2 insert— "Subdivision 2A—Preliminary assistance in dispute resolution 162MA Referral of disputes to TSC (1) Either party, or both parties, to a driver agreement, or a person proposing to enter into a driver agreement, may refer to the TSC a dispute concerning a condition of the agreement or proposed agreement. (2) As soon as practicable after a dispute is referred to it under subsection (1) the TSC must make an assessment as to the nature of the dispute. (3) After having made an assessment as to the nature of the dispute, the TSC must decide whether— (a) to provide preliminary assistance in resolving the dispute; or (b) in the case of a dispute concerning a condition of an agreement, to take action to enforce compliance with the agreement; or (c) if there are different aspects to the dispute, to act under both paragraphs (a) and (b). (4) If the TSC considers that the dispute may raise an issue of important public policy and it has not decided to take action to enforce compliance with the agreement under s. 52 -- 93 of 109 -- Part 3—Amendment of Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 87 Authorised by the Chief Parliamentary Counsel subsection (3)(b), it must notify the Minister in writing about the dispute. (5) Preliminary assistance that may be provided by the TSC includes the giving of advice designed to ensure that— (a) the parties are fully aware of their rights and obligations; and (b) there is full and open communication between the parties concerning the matter. (6) A statement or admission made in the course of the provision by the TSC of preliminary assistance is not admissible in proceedings before the Tribunal under Subdivision 4 or in any other legal proceedings. 162MB Minister may refer dispute directly to the Tribunal (1) Subsection (2) applies if the Minister considers that the subject matter of a dispute of which he or she has been notified under section 162MA(4) raises an issue of important public policy. (2) The Minister may refer the dispute directly to the Tribunal for hearing under Subdivision 4, even if the TSC is in the process of providing preliminary assistance. 162MC Unresolved disputes may be referred to Small Business Commissioner or the Tribunal (1) The TSC may certify in writing that— (a) preliminary assistance under this Subdivision has failed to resolve the dispute; or s. 52 -- 94 of 109 -- Part 3—Amendment of Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 88 Authorised by the Chief Parliamentary Counsel (b) preliminary assistance under this Subdivision has failed to resolve the dispute and, in its opinion, the dispute is unlikely to be resolved with the assistance of the Small Business Commissioner. (2) A certificate issued under subsection (1) must state that a party or both parties may refer the dispute— (a) to the Small Business Commissioner if the certificate certifies as set out in subsection (1)(a); or (b) to the Tribunal if the certificate certifies as set out in subsection (1)(b). (3) As soon as practicable after issuing a certificate under subsection (1), the TSC must provide a copy of it to the parties to the dispute. (4) Within 30 days after receiving a copy of a certificate under subsection (1), a party or both parties to the dispute may refer the dispute to the Small Business Commissioner or the Tribunal, as the case requires. (5) This section does not apply, or ceases to apply, if the Minister refers the dispute directly to the Tribunal under section 162MB(2).". (3) In section 32 of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013, for proposed new section 162N(1) of the Transport (Compliance and Miscellaneous) Act 1983 substitute— "(1) If a dispute is referred to the Small Business Commissioner under Subdivision 2A, the Commissioner must make arrangements to facilitate the resolution of the dispute by s. 52 -- 95 of 109 -- Part 3—Amendment of Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 89 Authorised by the Chief Parliamentary Counsel mediation or another form of alternative dispute resolution as determined by the Commissioner.". (4) In section 32 of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013, proposed new section 162O of the Transport (Compliance and Miscellaneous) Act 1983 is repealed. (5) In section 32 of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013, in proposed new section 162P of the Transport (Compliance and Miscellaneous) Act 1983— (a) for the heading to the section substitute— "Mediation or other alternative dispute resolution by Small Business Commissioner"; (b) for subsections (1) and (2) substitute— "(1) This section applies if a dispute is referred to the Small Business Commissioner under Subdivision 2A."; (c) in subsection (4), for "in accordance with this section" substitute "under Subdivision 2A". (6) In section 32 of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013, in proposed new Subdivision 3 of Division 5C of Part VI of the Transport (Compliance and Miscellaneous) Act 1983, after section 162P insert— s. 52 -- 96 of 109 -- Part 3—Amendment of Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 90 Authorised by the Chief Parliamentary Counsel "162PA Small Business Commissioner may issue certificates (1) The Small Business Commissioner may certify in writing that alternative dispute resolution under this Subdivision has failed to resolve a dispute referred to him or her under Subdivision 2A or is unlikely to resolve such a dispute. (2) A certificate issued under subsection (1) must include details of the parties involved in the dispute. (3) The Commissioner may certify that a party to the dispute has unreasonably refused to participate in alternative dispute resolution under this Subdivision. (4) A certificate issued under this section may be admitted in evidence in proceedings before the Tribunal or a court. (5) The Commissioner is not required to give a party to the dispute an opportunity to be heard by, or make submissions to, the Commissioner before issuing a certificate under this section. 162PB Parties may apply to the Tribunal If the Small Business Commissioner issues a certificate under section 162PA(1), a party or both parties to the dispute may apply to the Tribunal for one or more orders under section 162S.". (7) In section 32 of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013, for proposed new section 162Q of the Transport (Compliance and Miscellaneous) Act 1983 substitute— s. 52 -- 97 of 109 -- Part 3—Amendment of Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 91 Authorised by the Chief Parliamentary Counsel "162Q Jurisdiction of the Tribunal (1) The Tribunal has jurisdiction to hear and determine— (a) the matter of a dispute referred to it— (i) by the Minister under section 162MB(2); or (ii) by a party or both parties to the dispute in accordance with this Division; or (b) an application by a party, or both parties, to a dispute under section 162PB. (2) The Minister or the TSC is not a party to a proceeding in respect of a dispute referred to the Tribunal as set out in subsection (1)(a) unless joined by the Tribunal under section 60 of the Victorian Civil and Administrative Tribunal Act 1998.". (8) In section 32 of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013, for proposed new section 162R of the Transport (Compliance and Miscellaneous) Act 1983 substitute— "162R Time limits for certain complaints (1) The Tribunal must commence hearing a dispute, referred to it by the Minister under section 162MB(2), within 30 days after its referral. (2) The Tribunal, constituted by a presidential member within the meaning of the Victorian Civil and Administrative Tribunal Act 1998, may extend the period of 30 days under subsection (1) by one further period of not more than 30 days.". s. 52 -- 98 of 109 -- Part 3—Amendment of Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 92 Authorised by the Chief Parliamentary Counsel (9) In section 32 of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013, in proposed new section 162S(1)(a) of the Transport (Compliance and Miscellaneous) Act 1983, for "other than one implied under section 162L" substitute "of a driver agreement". (10) In section 32 of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013, in proposed new section 162S(1) of the Transport (Compliance and Miscellaneous) Act 1983, for paragraph (c) substitute— "(c) varying any condition of a driver agreement, other than one implied under section 162L; or (d) declaring that a condition of a driver agreement (other than one implied under section 162L) is, or is not, void; or (e) ordering the refund of any money paid under a driver agreement or under a void condition of a driver agreement; or (f) making an order in the nature of an order for specific performance of a driver agreement; or (g) ordering rescission of a driver agreement; or (h) ordering rectification of a driver agreement; or (i) requiring anything else to be done that it is empowered to require to be done under this Subdivision or the Victorian Civil and Administrative Tribunal Act 1998.". s. 52 -- 99 of 109 -- Part 3—Amendment of Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 93 Authorised by the Chief Parliamentary Counsel (11) In section 32 of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013, in proposed new section 162T(2) of the Transport (Compliance and Miscellaneous) Act 1983— (a) omit "because"; (b) paragraph (a) is repealed; (c) in paragraph (b)— (i) before "the party" insert "because"; and (ii) for "Subdivision 3." substitute "Subdivision 3; or"; (d) after paragraph (b) insert— "(c) having regard to the matters referred to in paragraphs (a) to (e) of section 109(3) of the Victorian Civil and Administrative Tribunal Act 1998.". (12) In section 32 of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013, proposed new section 162V of the Transport (Compliance and Miscellaneous) Act 1983 is repealed. __________________ s. 52 -- 100 of 109 -- Part 4—Amendment of Transport Integration Act 2010 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 94 Authorised by the Chief Parliamentary Counsel PART 4—AMENDMENT OF TRANSPORT INTEGRATION ACT 2010 53 General fund After section 79VE(3) of the Transport Integration Act 2010 insert— "(3A) In addition, there must be paid into the general fund— (a) all amounts received under agreements, leases or licences to which the Public Transport Development Authority, or another person on behalf of the Authority, is a party relating to, or connected with, passenger services or other transport services; and (b) all amounts allocated to the Public Transport Development Authority in accordance with any agreement referred to in section 79AF(2)(e).". 54 Functions of Taxi Services Commission After section 115F(1)(da) of the Transport Integration Act 2010 insert— "(dab) to provide preliminary assistance in resolving disputes concerning a condition of a driver agreement (within the meaning of Division 5C of Part VI of the Transport (Compliance and Miscellaneous) Act 1983) or a proposed such agreement;". s. 53 See: Act No. 6/2010. Reprint No. 3 as at 24 January 2013 and amending Act Nos 6/2010, 34/2011, 61/2011, 22/2013, 36/2013, 43/2013, 49/2013 and 70/2013. LawToday: www. legislation. vic.gov.au -- 101 of 109 -- Part 4—Amendment of Transport Integration Act 2010 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 95 Authorised by the Chief Parliamentary Counsel 55 Definitions—Part 7A In section 197A of the Transport Integration Act 2010— (a) for the definitions of decision and regulator substitute— "decision, of a regulator, includes any determination made, or direction given, by the regulator in the performance of the regulator's statutory functions and duties but does not include— (a) a direction given by the Director, Transport Safety under Division 2 of Part 4 of the Rail Safety (Local Operations) Act 2006; or (b) a direction given by the National Rail Safety Regulator under Subdivision 2 of Division 6 of Part 3 of the Rail Safety National Law (Victoria); regulator means— (a) the National Rail Safety Regulator; or (b) a road authority; or (c) a transport safety agency; or (d) a Transport Corporation; or (e) a transport system agency;"; (b) the definition of regulated body is repealed; s. 55 -- 102 of 109 -- Part 4—Amendment of Transport Integration Act 2010 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 96 Authorised by the Chief Parliamentary Counsel 56 Section 197B substituted For section 197B of the Transport Integration Act 2010 substitute— "197B Resolution of conflict by regulators (1) This section applies if— (a) a person is subject to decisions of different regulators; and (b) more than one regulator has made a decision in relation to a particular activity; and (c) in carrying out that activity, it is not possible for the person to comply with all of those decisions. (2) The person must notify each of the regulators and the Secretary that it is not possible for the person to carry out the activity and comply with all of the regulators' decisions. (3) As soon as practicable after a notification is given under subsection (2), the regulators or their representatives must meet and each regulator must give reasonable consideration to the extent, if any, to which the original decisions may be varied in order that the person may carry out the activity and comply with the decisions of all the regulators. (4) The Secretary may— (a) chair the meeting, or any subsequent meeting held in accordance with subsection (3); and (b) give reasonable directions about the meeting and any subsequent meeting to any of the regulators.". s. 56 -- 103 of 109 -- Part 4—Amendment of Transport Integration Act 2010 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 97 Authorised by the Chief Parliamentary Counsel 57 Determination by the Minister or Ministers (1) For section 197C(1)(b)(i) and (ii) of the Transport Integration Act 2010 substitute— "(i) the Secretary is satisfied that the respective statutory functions and duties of the regulators prevent them from varying their decisions to the extent necessary to enable the person to comply with all the decisions; or (ii) 28 days have elapsed since the notification and the regulators have not been able to agree to variations to their decisions to the extent necessary to enable the person to comply with all the decisions.". (2) In section 197C(3) of the Transport Integration Act 2010— (a) for "decision" substitute "decisions (the approved decisions)"; (b) for "regulated body" substitute "person". (3) For section 197C(4)(a) and (b) of the Transport Integration Act 2010 substitute— "(a) a person need not comply with a decision of a road authority—the Minister administering the Road Management Act 2004 must direct the road authority to revoke that decision to the extent that is inconsistent with the approved decisions; or (b) a person need not comply with the decision of a regulator that is not a road authority— the Minister administering this Act must direct the regulator to revoke that decision to the extent that is inconsistent with the approved decisions.". s. 57 -- 104 of 109 -- Part 4—Amendment of Transport Integration Act 2010 Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 98 Authorised by the Chief Parliamentary Counsel 58 Regulators subject to guidelines and directions In section 197D(1) of the Transport Integration Act 2010, for "road authority and the Director, Transport Safety" substitute "regulator". __________________ s. 58 -- 105 of 109 -- Part 5—Amendment of Other Acts Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 99 Authorised by the Chief Parliamentary Counsel PART 5—AMENDMENT OF OTHER ACTS Division 1—Heavy Vehicle National Law Application Act 2013 59 Definitions In section 3(1) of the Heavy Vehicle National Law Application Act 2013 insert the following definition— "member of the force has the same meaning as in the Police Regulation Act 1958;". 60 Authorised officer (1) Section 12(3) of the Heavy Vehicle National Law Application Act 2013 and the note at the foot of that subsection are repealed. (2) At the foot of section 12 of the Heavy Vehicle National Law Application Act 2013 insert— "Note See section 5 of the Heavy Vehicle National Law (Victoria) for the definition of authorised officer.". 61 Persons who may commence proceedings for offences (1) After section 31(1)(b) of the Heavy Vehicle National Law Application Act 2013 insert— "(ba) a member of the force; or". (2) In section 31(1)(e) of the Heavy Vehicle National Law Application Act 2013— (a) after "authorised officer" insert "(other than a member of the force)"; s. 59 See: Act No. 30/2013. Reprint No. 1 as at 10 February 2014 and amending Act No. 30/2013. LawToday: www. legislation. vic.gov.au -- 106 of 109 -- Part 5—Amendment of Other Acts Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 100 Authorised by the Chief Parliamentary Counsel (b) for "Corporation; or" substitute "Corporation.". (3) Section 31(1)(f) of the Heavy Vehicle National Law Application Act 2013 is repealed. Division 2—Ombudsman Act 1973 62 Ombudsman Act 1973 amendment—taxi compliance officers After item 33 of Schedule 1 to the Ombudsman Act 1973 insert— "33A A person in the person's capacity as a taxi compliance officer within the meaning of section 228RA of the Transport (Compliance and Miscellaneous) Act 1983 A Commissioner within the meaning of section 115I of the Transport Integration Act 2010 Minister administering Division 4ABA of Part VII of the Transport (Compliance and Miscellaneous) Act 1983". Division 3—Road Safety Amendment (Operator Onus) Act 2012 63 Statute law revision (1) In the heading to section 10 of the Road Safety Amendment (Operator Onus) Act 2012, for "84BJ" substitute "84BIA". (2) In section 10 of the Road Safety Amendment (Operator Onus) Act 2012, in proposed new section 84BJ of the Road Safety Act 1986, for "84BJ" substitute "84BIA". __________________ s. 62 See: Act No. 8414. Reprint No. 9 as at 11 February 2013 and amending Act Nos 5/2013, 63/2013, 67/2013, 73/2013 and 1/2014. LawToday: www. legislation. vic.gov.au See: Act No. 75/2012. Statute Book: www. legislation. vic.gov.au -- 107 of 109 -- Part 6—Repeal of Amending Act Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 101 Authorised by the Chief Parliamentary Counsel PART 6—REPEAL OF AMENDING ACT 64 Repeal of amending Act This Act is repealed on 1 March 2016. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ s. 64 -- 108 of 109 -- Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 No. 35 of 2014 102 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 13 March 2014 Legislative Council: 27 March 2014 The long title for the Bill for this Act was "A Bill for an Act to amend the Transport (Compliance and Miscellaneous) Act 1983, the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013, the Transport Integration Act 2010, the Heavy Vehicle National Law Application Act 2013, the Ombudsman Act 1973 and the Road Safety Amendment (Operator Onus) Act 2012 and for other purposes." Endnotes -- 109 of 109 --