Transport (Taxi-cab Accreditation and Other Amendments) Act 2006
i
Transport (Taxi-cab Accreditation and Other
Amendments) Act 2006
Act No. 71/2006
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2—TAXI-CAB ACCREDITATION AMENDMENTS 3
3. New Division 4 inserted in Part VI of Transport Act 1983 3
Division 4—Accreditation of Taxi-cab Industry Participants 3
Subdivision 1—Preliminary 3
130. Purpose of accreditation 3
130A. Definitions and interpretative provisions 3
Subdivision 2—Requirement for Accreditation 13
131. Offence for taxi-cab operator not to be accredited 13
131A. Offence for provider of taxi-cab network services not to
be accredited 13
Subdivision 3—Application for Accreditation 15
132. Making of application 15
132A. Time within which licensing authority must deal with
application 16
132B. Circumstances in which application may be approved 17
132C. How long accreditation lasts 17
132D. Mandatory refusal of accreditation 18
132E. Presumption in favour of refusal of accreditation 20
132F. Discretionary refusal of accreditation 21
132G. Notification and reasons to be given if accreditation
refused 24
132H. Disqualification by licensing authority from ability to
apply for accreditation 24
-- 1 of 70 --
Section Page
ii
Subdivision 4—Accreditation Conditions and Business and
Service Standards 25
133. Restrictions and conditions concerning accreditation 25
133A. Licensing authority may vary, revoke or impose new
conditions, restrictions or other limitations 26
133B. Offence to fail to comply with conditions etc. 27
133C. Business and service standards 28
Subdivision 5—Certificates of Accreditation 29
134. Issue of certificate of accreditation 29
134A. Offence not to produce certificate when required 31
Subdivision 6—Disciplinary Action and Improvement Notices 32
135. When the licensing authority may take disciplinary
action 32
135A. Disciplinary actions that may be taken in relation to
accreditations 33
135B. Procedure for taking disciplinary action 34
135C. Immediate suspension of accreditation 36
135D. Effect of suspension of accreditation on licence 37
135E. Return of certificate of accreditation 37
135F. Improvement notices 38
135G. Formal irregularities or defects in notice 41
135H. Proceedings for offences not affected by improvement
notices 41
Subdivision 7—Review of Decisions 42
136. Jurisdiction of VCAT in relation to mandatory refusal
or cancellation of accreditation 42
136A. Review of decision by VCAT 43
136B. Time period for making application to VCAT 44
Subdivision 8—Miscellaneous 44
137. Accreditation cannot be transferred 44
137A. Holder of accreditation to notify of relevant change in
circumstances 45
137B. Surrender of accreditation 47
137C. False representation in relation to accreditation 48
137D. Communication with responsible person 48
137E. Regulations 48
4. No compensation payable 50
5. Vehicles not to be operated unless licensed 50
6. Taxi-cab licences 50
7. Power to make Orders for the granting of taxi-cab licences in
taxi-cab zones 51
8. Setting of fees 51
-- 2 of 70 --
Section Page
iii
9. Transfer of licences 51
10. Assignments 52
11. New section 156A inserted 53
156A. Effect on taxi-cab licences of outcomes under
Division 4 53
12. Regulations 56
PART 3—OTHER AMENDMENTS TO TRANSPORT ACT 1983 57
Division 1—Infringements Amendments 57
13. New section 214A inserted 57
214A. Differences in penalties 57
14. Regulations 57
Division 2—Assignment Amendments 58
15. Assignments 58
Division 3—Miscellaneous Amendments 59
16. Amendment of definitions 59
17. New section 227 substituted 60
227. Offences by unincorporated bodies, partnerships etc. 60
Division 4—Transitional Provisions 60
18. New Division 6 inserted in Part VIII 60
Division 6—Transitional Provisions—Transport (Taxi-cab
Accreditation and Other Amendments) Act 2006 60
272. Taxi-cab accreditation 60
273. Assignments 62
Division 5—Other Amendments 62
19. Sunset of accreditation exemption for certain providers of taxi-
cab network services 62
PART 4—AMENDMENTS TO TRANSPORT LEGISLATION
(FURTHER AMENDMENT) ACT 2006 64
20. Amendment of commencement dates 64
21. Definitions 64
22. Exceptions to offence 65
23. Requirements for issue and renewal of accreditation 66
24. Notification time limit 66
═══════════════
ENDNOTES 67
-- 3 of 70 --
1
Transport (Taxi-cab Accreditation and
Other Amendments) Act 2006 †
[Assented to 19 September 2006]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purpose
The purpose of this Act is—
(a) to amend the Transport Act 1983—
(i) to provide for the accreditation of
certain participants in the taxi-cab
industry;
Victoria
No. 71 of 2006
-- 4 of 70 --
Part 1—Preliminary
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
2
(ii) to enable the penalties for transport
infringements and ticket infringements
to vary depending on whether they are
issued by members of the police force
or authorised officers;
(iii) to make other miscellaneous
amendments to that Act;
(b) to make minor amendments to the
Transport Legislation (Further
Amendment) Act 2006.
2. Commencement
(1) This Part, Divisions 1, 3 and 4 of Part 3 and Part 4
come into operation on the day after the day on
which this Act receives the Royal Assent.
(2) Subject to sub-section (4), Part 2 comes into
operation on a day to be proclaimed.
(3) Subject to sub-section (4), Division 2 of Part 3
comes into operation on a day to be proclaimed.
(4) If a provision of Part 2 or of Division 2 of Part 3
does not come into operation before 31 December
2007, it comes into operation on that day.
(5) Division 5 of Part 3 comes into operation on the
second anniversary of the coming into operation
of Part 2.
__________________
s. 2
-- 5 of 70 --
Part 2—Taxi-cab Accreditation Amendments
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
3
PART 2—TAXI-CAB ACCREDITATION AMENDMENTS
3. New Division 4 inserted in Part VI of Transport
Act 1983
After Division 3 of Part VI of the Transport Act
1983 insert—
'Division 4—Accreditation of Taxi-cab
Industry Participants
Subdivision 1—Preliminary
130. Purpose of accreditation
The purpose of accreditation under this
Division is to facilitate the provision of safe,
reliable and efficient taxi-cab services that
meet reasonable community expectations by
ensuring that only suitable persons hold taxi-
cab licences, operate taxi-cabs or permit
them to be operated or provide taxi-cab
network services.
130A. Definitions and interpretative provisions
(1) In this Division—
"co-operative" has the same meaning as in
the Co-operatives Act 1996;
"disqualifying offence" means a tier 1
offence, a tier 2 offence or a tier 3
offence;
"incorporated association" has the same
meaning as in the Associations
Incorporation Act 1981;
See:
Act No.
9921.
Reprint No. 11
as at
1 March 2006
and
amending
Act Nos
95/2005,
97/2005,
9/2006,
10/2006 and
32/2006.
LawToday:
www.dms.
dpc.vic.
gov.au
s. 3
-- 6 of 70 --
Part 2—Taxi-cab Accreditation Amendments
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
4
"officer", in relation to a body corporate
other than a company, co-operative or
incorporated association, means a
member of the committee of
management of the body corporate;
"officer", in relation to a company, means—
(a) a director or secretary of the
company; or
(b) a person—
(i) who makes, or participates in
making, decisions that affect
the whole, or a substantial
part, of the business of the
company; or
(ii) who has the capacity to
affect significantly the
company's financial
standing; or
(iii) in accordance with whose
instructions or wishes the
directors of the company are
accustomed to act (excluding
advice given by the person in
the proper performance of
functions attaching to the
person's professional
capacity or their business
relationship with the
directors of the company);
s. 3
-- 7 of 70 --
Part 2—Taxi-cab Accreditation Amendments
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
5
"officer", in relation to a co-operative,
means—
(a) a director or secretary of the
co-operative; or
(b) a person who is concerned, or
takes part, in the management of
the co-operative, whether or not as
a director;
"officer", in relation to an incorporated
association, means—
(a) the public officer (within the
meaning of the Associations
Incorporation Act 1981) of the
incorporated association; or
(b) a member of the committee
(within the meaning of the
Associations Incorporation Act
1981) of the incorporated
association; or
(c) a person who is concerned, or
takes part, in the management of
the incorporated association;
"person" includes a body corporate, an
unincorporated body or association and
a partnership;
"relevant person", in relation to an
applicant for accreditation or an
accredited person, means—
(a) if the applicant or accredited
person is an individual, any
person who is concerned, or takes
part, in the management of the
activities to which the application
or the accreditation relates,
whether as an employee of the
s. 3
-- 8 of 70 --
Part 2—Taxi-cab Accreditation Amendments
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
6
applicant or accredited person or
otherwise; or
(b) if the applicant or accredited
person is a partnership, each
partner and any other person who
is concerned, or takes part, in the
management of the activities to
which the application or the
accreditation relates, whether as
an employee of the applicant or
accredited person or otherwise; or
(c) if the applicant or accredited
person is an unincorporated body
or association other than a
partnership, each member of the
committee of management of the
body or association and any other
person who is concerned, or takes
part, in the management of the
activities to which the application
or the accreditation relates,
whether as an employee of the
applicant or accredited person or
otherwise; or
(d) if the applicant or accredited
person is a company, a co-
operative or an incorporated
association, each officer of the
company, co-operative or
incorporated association; or
(e) if the applicant or accredited
person is a body corporate other
than a company, co-operative or
incorporated association, each
officer of the body and any other
person who is concerned, or takes
part, in the management of the
s. 3
-- 9 of 70 --
Part 2—Taxi-cab Accreditation Amendments
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
7
activities to which the application
or the accreditation relates,
whether as an employee of the
applicant or accredited person or
otherwise;
"responsible person", in relation to an
applicant for accreditation or an
accredited person, means—
(a) if the applicant or accredited
person is an individual, the
applicant or accredited person; or
(b) in any other case, a relevant
person nominated by the applicant
or accredited person as the
responsible person;
"taxi-cab network service" means—
(a) the receipt and dispatch of
bookings or orders for the hiring
of taxi-cabs; or
(b) the provision for taxi-cabs of a
central communications system;
or
(c) the provision for taxi-cabs of a
global positioning system; or
(d) the maintenance of information
management systems in relation to
the hiring, and bookings and
orders for the hiring, of taxi-cabs;
or
(e) the provision of brand
identification for taxi-cabs; or
s. 3
-- 10 of 70 --
Part 2—Taxi-cab Accreditation Amendments
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
8
(f) the provision (by a provider of a
service of a kind referred to in
paragraph (a), (b), (c), (d) or (e) of
this definition) of support services
for taxi-cab operators and drivers;
or
(g) the maintenance (by a provider of
a service of a kind referred to in
paragraph (a), (b), (c), (d) or (e) of
this definition) of a system for
receiving and handling customer
complaints relating to the hiring,
and bookings and orders for the
hiring, of taxi-cabs; or
(h) the provision (by a provider of a
service of a kind referred to in
paragraph (a), (b), (c), (d) or (e) of
this definition) of taxi-cab driver
training;
"tier 1 offence" means—
(a) an offence against the Crimes Act
1958 that involves sexual
penetration (within the meaning
given by section 35(1) of that
Act); or
(b) an offence against a provision of
the Crimes Act 1958 amended or
repealed before the
commencement of Part 2 of the
Transport (Taxi-cab
Accreditation and Other
Amendments) Act 2006 of which
the necessary elements at the time
it was committed consisted of
elements that constitute an offence
referred to in paragraph (a); or
s. 3
-- 11 of 70 --
Part 2—Taxi-cab Accreditation Amendments
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
9
(c) an offence specified in clause 1 of
Schedule 1 to the Sentencing Act
1991, if the victim of the offence
was a child or a person with a
cognitive impairment, that is not
an offence referred to in
paragraph (a) or (b); or
(d) a child pornography offence
within the meaning of the
Working with Children Act
2005; or
(e) an offence within the meaning of
Division 101 of the Criminal Code
of the Commonwealth; or
(f) an offence specified in clause 3 of
Schedule 1 to the Sentencing Act
1991; or
(g) an indictable offence involving
fraud or dishonesty; or
(h) an offence specified in clause 4 of
Schedule 1 to the Sentencing Act
1991; or
(i) an offence under a law of a
jurisdiction other than Victoria
(including jurisdictions outside
Australia) that, if it had been
committed in Victoria, would
have constituted an offence of a
kind listed in this definition;
"tier 2 offence" means—
(a) an offence specified in clause 1 of
Schedule 1 to the Sentencing Act
1991 that is not an offence
referred to in paragraph (a), (b),
(c) or (d) of the definition of
"tier 1 offence"; or
s. 3
-- 12 of 70 --
Part 2—Taxi-cab Accreditation Amendments
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
10
(b) an offence specified in clause 2 of
Schedule 1 to the Sentencing Act
1991 that is not an offence
specified in clause 3 of that
Schedule; or
(c) a summary offence involving
fraud or dishonesty; or
(d) an offence under a law of a
jurisdiction other than Victoria
(including jurisdictions outside
Australia) that, if it had been
committed in Victoria, would
have constituted an offence of a
kind listed in this definition;
"tier 3 offence" means—
(a) a criminal offence that is not a
tier 1 offence or a tier 2 offence;
or
(b) an offence under a law of a
jurisdiction other than Victoria
(including jurisdictions outside
Australia) that, if it had been
committed in Victoria, would
have constituted an offence of a
kind listed in this definition;
(2) In this Division, a reference to a person who
has been found guilty of an offence is a
reference to a person—
(a) against whom a court has made a
formal finding that he or she is guilty of
the offence; or
s. 3
-- 13 of 70 --
Part 2—Taxi-cab Accreditation Amendments
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
11
(b) from whom a court has accepted a plea
that he or she is guilty of the offence; or
(c) from whom a court has accepted an
admission under section 100 of the
Sentencing Act 1991 that he or she has
committed the offence, or from whom a
similar admission has been accepted
under equivalent provisions of the laws
of a jurisdiction other than Victoria; or
(d) against whom a finding has been made
under—
(i) section 17(1)(b) of the Crimes
(Mental Impairment and
Unfitness to be Tried) Act 1997
that he or she was not guilty of the
offence because of mental
impairment; or
(ii) under section 17(1)(c) of the
Crimes (Mental Impairment
and Unfitness to be Tried) Act
1997 that he or she committed the
offence—
or against whom a similar finding has
been made under equivalent provisions
of the laws of a jurisdiction other than
Victoria (including jurisdictions outside
Australia)—
being an admission, plea or finding that has
not been subsequently quashed or set aside
by a court.
(3) In this Division, a reference to a person who
has been charged with an offence is a
reference to a person—
s. 3
-- 14 of 70 --
Part 2—Taxi-cab Accreditation Amendments
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
12
(a) against whom a presentment has been
made or an indictment has been laid for
the offence; or
(b) against whom a charge has been filed
for the offence, whether or not—
(i) a summons to answer to the
charge; or
(ii) a warrant to arrest the person—
has been issued or served.
(4) In this Division, a reference to a charge that
has not been finally disposed of is a
reference to a charge that has not been
finally dealt with by—
(a) being withdrawn or by the entering of a
nolle prosequi; or
(b) the charge having been dismissed by a
court; or
(c) the person against whom the charge has
been laid having been discharged by a
court following a committal hearing; or
(d) the person against whom the charge has
been laid having been acquitted or
found guilty of the offence that was the
subject of the charge by a court; or
(e) any other prescribed means.
(5) In this Division, a reference to an application
for accreditation includes a reference to an
application for renewal of accreditation.
s. 3
-- 15 of 70 --
Part 2—Taxi-cab Accreditation Amendments
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
13
Subdivision 2—Requirement for Accreditation
131. Offence for taxi-cab operator not to be
accredited
The operator of a taxi-cab must not operate
the taxi-cab, or permit the taxi-cab to be
operated, unless the operator is accredited
under this Division as a taxi-cab operator.
Penalty: 60 penalty units.
131A. Offence for provider of taxi-cab network
services not to be accredited
(1) A person must not—
(a) provide a taxi-cab network service; or
(b) advertise or in any other way hold
themselves out as able or willing to
provide a taxi-cab network service—
unless the person is accredited under this
Division to provide that service or is
exempted by the regulations from the
requirement to be accredited under this
Division.
Penalty: In the case of a natural person,
240 penalty units;
In the case of a body corporate,
1200 penalty units.
(2) Sub-section (1) does not apply to—
(a) in the case of a taxi-cab network
service of a kind referred to in
paragraph (a) of the definition of "taxi-
cab network service" in section
130A(1)—
s. 3
-- 16 of 70 --
Part 2—Taxi-cab Accreditation Amendments
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
14
(i) a driver of a taxi-cab who receives
a booking or order for the hiring
of that taxi-cab directly from the
person making the booking or
placing the order or directly from
the operator of the taxi-cab as
described in sub-paragraph (ii); or
(ii) the operator of a taxi-cab who
receives a booking or order for the
hiring of that taxi-cab directly
from the person making the
booking or placing the order
which the operator then passes on
directly to the driver of the taxi-
cab; or
(iii) a driver or the operator of a taxi-
cab who receives a booking or
order for the hiring of that taxi-cab
directly from the person making
the booking or placing the order
which the driver or operator then
passes on directly to a person who
is accredited to provide that
service; or
(b) in any case, a driver or the operator of a
taxi-cab who provides a taxi-cab
network service and who is a member
of an unincorporated body or
association comprising drivers and
operators of taxi-cabs that is accredited
to provide that service.
s. 3
-- 17 of 70 --
Part 2—Taxi-cab Accreditation Amendments
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
15
Subdivision 3—Application for Accreditation
132. Making of application
(1) A person may apply to the licensing
authority for accreditation as a—
(a) taxi-cab licence holder; or
(b) taxi-cab operator; or
(c) provider of taxi-cab network services.
Note: See sub-section (5) for restriction on
applications by unincorporated bodies or
associations.
(2) An application must—
(a) be made in the manner and form
determined by the licensing authority;
and
(b) be accompanied by—
(i) the fee (if any) for the application
determined by the licensing
authority under section 147B; and
(ii) evidence, as required by the
regulations, that each relevant
person in relation to the applicant,
satisfies the requirements for the
relevant accreditation; and
(iii) any other things that are required
by the regulations; and
(c) in the case of an application by a person
that is not an individual, nominate a
relevant person as the responsible
person in relation to the applicant.
s. 3
-- 18 of 70 --
Part 2—Taxi-cab Accreditation Amendments
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
16
(3) The licensing authority may require an
applicant to—
(a) supply further information specified by
the licensing authority;
(b) verify, by a statutory declaration signed
by or on behalf of the applicant,
information supplied for the purposes
of the application.
(4) The application, and any further information
supplied by the applicant under sub-
section (3), must be—
(a) if the regulations so provide, signed in
accordance with the regulations; and
(b) declared by each signatory to be true
and correct.
(5) An unincorporated body or association, other
than a partnership, is not capable of applying
for, or holding, an accreditation as a taxi-cab
licence holder or a taxi-cab operator.
(6) In the case of an application by a person that
is not an individual, the licensing authority is
entitled to communicate with the responsible
person in relation to the application.
132A. Time within which licensing authority
must deal with application
(1) Subject to this section, the licensing
authority must decide whether to approve or
refuse an application for accreditation within
90 days after receiving the application.
(2) The licensing authority may, before the
expiry of the period specified in sub-
section (1), decide to extend the period
within which he or she may decide whether
to approve or refuse an application.
s. 3
-- 19 of 70 --
Part 2—Taxi-cab Accreditation Amendments
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
17
(3) If the licensing authority decides to extend
the period within which he or she may
decide whether to approve or refuse an
application, the licensing authority must
notify the applicant of that decision and the
new period within which the licensing
authority intends to make his or her decision
whether to approve or refuse an application.
(4) A notification under sub-section (3) must be
in writing.
132B. Circumstances in which application may
be approved
Subject to this Subdivision, the licensing
authority may approve an application for
accreditation if the licensing authority is
satisfied that the applicant—
(a) is suitable to be accredited; and
(b) has complied with the application
requirements under this Subdivision.
Note: See Subdivision 4 for conditions, restrictions and
other limitations that may be imposed on an
accreditation and for business and service standards
that must be met.
132C. How long accreditation lasts
An accreditation remains in force until—
(a) it is cancelled or surrendered; or
(b) the expiry of the period specified in the
certificate of accreditation, which must
not be more than 5 years—
whichever is the sooner.
s. 3
-- 20 of 70 --
Part 2—Taxi-cab Accreditation Amendments
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
18
132D. Mandatory refusal of accreditation
(1) The licensing authority must refuse an
application for accreditation if the licensing
authority believes, on reasonable grounds,
that—
(a) in the case of accreditation as a taxi-cab
operator or as a provider of taxi-cab
network services, the applicant or a
relevant person in relation to the
applicant—
(i) has been found guilty of a tier 1
offence; or
(ii) is a person who is subject to—
(A) reporting obligations referred
to in section 12(1)(a) of the
Working with Children Act
2005; or
(B) an order referred to in
section 12(1)(b) of the
Working with Children Act
2005; and
(b) in any case, the applicant—
(i) is disqualified under section 132H
or 135A from applying for the
relevant accreditation; or
(ii) does not personally or through
relevant persons in relation to the
applicant, have a sound
knowledge of the activities in
respect of which accreditation is
sought; or
s. 3
-- 21 of 70 --
Part 2—Taxi-cab Accreditation Amendments
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
19
(iii) does not personally or through
relevant persons in relation to the
applicant, have the competency
and capacity (other than financial)
to meet the business and service
standards for the activities in
respect of which accreditation is
sought; or
(iv) does not have the financial
capacity to meet the business and
service standards for the activities
in respect of which accreditation
is sought.
(2) In determining the financial capacity of an
applicant, the licensing authority may have
regard to whether the applicant, or a relevant
person in relation to the applicant, is or has
been—
(a) bankrupt under the law of Australia or
of any place outside Australia; or
(b) an officer of a company that is, or has
been, placed in administration or
liquidation or been wound up, or in
respect of property of which a receiver
has been appointed, under the law of
Australia or of any place outside
Australia.
(3) An applicant must be taken not to have the
required financial capacity if—
(a) the applicant is a company and—
(i) a receiver or receiver and
manager, within the meaning of
the Corporations Act, has been
appointed in relation to the
applicant; or
s. 3
-- 22 of 70 --
Part 2—Taxi-cab Accreditation Amendments
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
20
(ii) the applicant has been placed in
administration under the
Corporations Act or under the law
of any place outside Australia; or
(iii) a court has made an order under
the Corporations Act for the
winding up of the applicant; or
(b) the applicant, or a relevant person in
relation to the applicant, is an
undischarged bankrupt under the law of
Australia or of any place outside
Australia; or
(c) the applicant, or a relevant person in
relation to the applicant, is disqualified
from managing a corporation under
Part 2D.6 of the Corporations Act or
under the law of any place outside
Australia; or
(d) the applicant, or a relevant person in
relation to the applicant, has been found
guilty of an offence against section
209(3) or Part 5.8 of the Corporations
Act or of an offence against a law of a
place outside Australia that corresponds
to that section or Part.
132E. Presumption in favour of refusal of
accreditation
The licensing authority must refuse an
application for accreditation—
(a) as a taxi-cab licence holder if the
licensing authority is aware that the
applicant, or a relevant person in
relation to the applicant, has been found
guilty of a tier 1 or tier 2 offence; or
s. 3
-- 23 of 70 --
Part 2—Taxi-cab Accreditation Amendments
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
21
(b) as a taxi-cab operator or as a provider
of taxi-cab network services if the
licensing authority is aware that the
applicant, or a relevant person in
relation to the applicant, has been found
guilty of a tier 2 offence—
unless the licensing authority is satisfied that
the applicant has demonstrated that the issue
of the accreditation is appropriate having
regard to the purpose of accreditation set out
in section 130.
132F. Discretionary refusal of accreditation
(1) The licensing authority may refuse an
application for accreditation if the licensing
authority is aware that the applicant, or a
relevant person in relation to the applicant—
(a) has been found guilty of a tier 3
offence; or
(b) is the subject to a charge for a
disqualifying offence that has not been
finally disposed of at the time of
considering the application.
(2) In exercising a discretion under sub-
section (1), the licensing authority must have
regard to—
(a) the nature and gravity of the offence
and its relevance to the activities in
respect of which accreditation is
sought; and
(b) the period of time since the offence was
committed; and
s. 3
-- 24 of 70 --
Part 2—Taxi-cab Accreditation Amendments
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
22
(c) whether a finding of guilt or conviction
was recorded; and
(d) the sentence (if any) imposed for the
offence; and
(e) the age of the applicant or relevant
person when the offence was
committed; and
(f) in relation to any sexual offence, the
age of any victim; and
(g) whether or not the conduct that
constituted the offence has been
decriminalised since the offence was
committed; and
(h) the behaviour of the applicant or
relevant person since committing the
offence; and
(i) the likelihood of the applicant or
relevant person committing another
such offence in the future, in particular,
any future threat to a child or other
vulnerable person; and
(j) any information given by the applicant
or relevant person; and
(k) any other matter that the licensing
authority considers relevant.
(3) The licensing authority may refuse an
application for accreditation if the licensing
authority believes on reasonable grounds
that—
s. 3
-- 25 of 70 --
Part 2—Taxi-cab Accreditation Amendments
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
23
(a) the applicant has contravened a
business or service standard applicable
to an accreditation held, or previously
held, by the applicant under this
Division; or
Note: Business and service standards may be
determined under section 133C.
(b) the applicant has contravened a
condition, restriction or other limitation
imposed on an accreditation held, or
previously held, by the applicant under
this Division; or
(c) the applicant, or a relevant person in
relation to the applicant, has
contravened a provision of this Act.
(4) Nothing in this section limits a discretion of
the licensing authority to approve or refuse
an application for accreditation.
(5) To avoid doubt, in exercising a discretion to
approve or refuse an application for
accreditation, the licensing authority may
have regard to—
(a) where the applicant, or any relevant
person in relation to the applicant,
resides or carries on business; and
(b) in the case of an applicant that is a
company, whether the applicant is
registered under the Corporations Act
and where it has its principal place of
business.
Note: A condition may be imposed under
Subdivision 4 with respect to place of
residence or business.
s. 3
-- 26 of 70 --
Part 2—Taxi-cab Accreditation Amendments
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
24
132G. Notification and reasons to be given if
accreditation refused
(1) If the licensing authority decides to refuse to
accredit an applicant, the licensing authority
must—
(a) notify the applicant—
(i) of the decision; and
(ii) that the applicant has a right to
seek review of the decision under
Subdivision 7; and
(b) give the applicant a statement of
reasons for the decision.
(2) A notification under sub-section (1)(a) and a
statement of reasons under sub-section (1)(b)
must be—
(a) in writing; and
(b) given to the applicant as soon as
practicable after the licensing authority
makes his or her decision to refuse to
accredit the applicant.
132H. Disqualification by licensing authority
from ability to apply for accreditation
(1) If the licensing authority decides to refuse an
application for accreditation, the licensing
authority may determine that the applicant is
disqualified from applying for accreditation
of that kind under this Division for the
period determined by the licensing authority.
(2) The period determined by the licensing
authority under sub-section (1) must not
exceed 5 years.
s. 3
-- 27 of 70 --
Part 2—Taxi-cab Accreditation Amendments
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
25
Subdivision 4—Accreditation Conditions and
Business and Service Standards
133. Restrictions and conditions concerning
accreditation
(1) In accrediting an applicant, the licensing
authority may limit the accreditation in any
way the licensing authority thinks
appropriate.
(2) Without limiting sub-section (1), the
licensing authority may—
(a) impose conditions on the accreditation
that are not inconsistent with any
condition applicable under sub-section
(3); or
(b) restrict the scope of the accreditation.
(3) An accreditation is also subject to any
condition set out in the regulations that
applies to the accreditation.
(4) Without affecting any limitation imposed on
an accreditation of a taxi-cab operator under
this section, the accreditation is subject to the
condition that there must be in place at all
times in respect of the taxi-cab when the
taxi-cab operator is operating it, or
permitting it to be operated, arrangements
approved by the licensing authority between
the taxi-cab operator and a person accredited
to supply taxi-cab network services for the
provision of such services as are specified by
the licensing authority.
Note: It is an offence against section 133B not to
comply with this condition.
(5) Without affecting any limitation imposed on
an accreditation of a person accredited to
supply taxi-cab network services under this
s. 3
-- 28 of 70 --
Part 2—Taxi-cab Accreditation Amendments
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
26
section, the accreditation is subject to the
condition that the accredited person must
not, without reasonable excuse, refuse to
enter into, with an accredited taxi-cab
operator, arrangements approved by the
licensing authority for the provision of such
services as are specified by the licensing
authority in respect of the taxi-cab when the
taxi-cab operator is operating it or permitting
it to be operated.
Note: It is an offence against section 133B not to
comply with this condition.
133A. Licensing authority may vary, revoke or
impose new conditions, restrictions or
other limitations
(1) The licensing authority may at any time on
his or her own initiative or on the written
application of the accredited person—
(a) vary or revoke a condition, restriction
or other limitation imposed by the
licensing authority on an accreditation;
or
(b) impose a new condition, restriction or
other limitation on an accreditation.
(2) Before taking action under this section, the
licensing authority must—
(a) give the accredited person written
notice of the action that the licensing
authority proposes to take and of the
reasons for taking that action; and
(b) allow the accredited person to make
written representations about the
intended action within 10 business days
(or any other period that the licensing
authority and the accredited person
agree upon).
s. 3
-- 29 of 70 --
Part 2—Taxi-cab Accreditation Amendments
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
27
(3) Sub-section (2) does not apply if the
licensing authority considers it necessary to
take immediate action in the interests of
public safety.
(4) The licensing authority must—
(a) give the accredited person—
(i) details of any action taken under
sub-section (1); and
(ii) a statement of reasons for any
action taken under sub-section (1);
and
(b) notify the accredited person that the
person has a right to seek review of the
licensing authority's decision under
Subdivision 7.
(5) The licensing authority must give the details,
the statement of reasons and notice under
sub-section (4) in writing.
133B. Offence to fail to comply with conditions
etc.
An accredited person must comply with any
condition, restriction or other limitation
imposed on the accreditation by or under this
Division of which the person has been given
notice.
Penalty: In the case of an accreditation as a
taxi-cab licence holder or taxi-cab
operator, 30 penalty units;
In the case of an accreditation as a
provider of taxi-cab network
services, 120 penalty units for a
natural person and 600 penalty
units for a body corporate.
s. 3
-- 30 of 70 --
Part 2—Taxi-cab Accreditation Amendments
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
28
133C. Business and service standards
(1) The Minister may, by notice published in the
Government Gazette, determine minimum
business and service standards to be met by
all accredited persons or by a specified class,
or specified classes, of accredited person.
(2) The Minister may only determine standards
under sub-section (1) if he or she has caused
a notice in accordance with sub-section (3) to
be published in respect of the proposed
standards—
(a) in the Government Gazette; and
(b) in a daily newspaper circulating
generally throughout Victoria; and
(c) if the Minister considers it appropriate,
in such trade, professional or public
interest publications as he or she
determines—
and has ensured that all comments and
submissions received in response to the
notice have been considered.
(3) A notice must—
(a) state the reason for, and the objectives
of, the proposed standards; and
(b) specify where a copy of the proposed
standards can be obtained; and
(c) invite public comments or submissions
within such time (being not less than
28 days from the publication of the
notice) as is specified in the notice.
s. 3
-- 31 of 70 --
Part 2—Taxi-cab Accreditation Amendments
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
29
(4) Standards may be determined under this
section in relation to—
(a) compliance with applicable legislation;
(b) business capability;
(c) information and records management;
(d) financial viability;
(e) safety of taxi-cab drivers, customers
and members of the public;
(f) customer service;
(g) dealings with industry participants,
customers and government;
(h) complaint handling processes;
(i) education and training;
(j) any other matter that the Minister
considers appropriate.
Subdivision 5—Certificates of Accreditation
134. Issue of certificate of accreditation
(1) On accrediting an applicant under this
Division the licensing authority must allocate
an accreditation number to the accredited
person and issue a certificate of accreditation
that—
(a) is in the form approved by the licensing
authority; and
(b) sets out—
(i) the accreditation number allocated
to the accredited person; and
(ii) the name of the holder of the
accreditation; and
s. 3
-- 32 of 70 --
Part 2—Taxi-cab Accreditation Amendments
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
30
(iii) the kind of accreditation; and
(iv) any conditions, restrictions or
other limitations to which the
accreditation is subject; and
(v) the date of expiry of the
accreditation; and
(vi) any additional information that the
licensing authority considers
appropriate.
(2) On accrediting an applicant under this
Division the licensing authority must also
give the accredited person a copy of the
business and service standards applicable to
the accreditation.
Note: Business and service standards may be
determined under section 133C.
(3) The licensing authority may, on the
application of the accredited person
accompanied by the fee (if any) determined
by the licensing authority, issue a
replacement certificate of accreditation if the
licensing authority is satisfied (whether on
the production of a statutory declaration or
otherwise) that the certificate last issued to
the accredited person has been lost, stolen or
destroyed.
(4) A person who has made an application under
sub-section (3) on the ground that a
certificate has been lost or stolen and who
subsequently recovers the lost or stolen
certificate must, within 14 days after the day
on which the certificate is recovered—
(a) notify the licensing authority of the
recovery; and
s. 3
-- 33 of 70 --
Part 2—Taxi-cab Accreditation Amendments
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
31
(b) return the recovered certificate to the
licensing authority unless informed by
the licensing authority that it is not
necessary to do so.
Penalty: 20 penalty units.
134A. Offence not to produce certificate when
required
(1) A member of the police force, or a person
authorised in writing to do so by the
Director, may require a person who is
carrying out an activity for which an
accreditation is required and who claims to
be accredited to carry out that activity to
produce the person's certificate of
accreditation for inspection.
(2) An accredited person must not fail to
produce the person's certificate of
accreditation for inspection when required to
do so under sub-section (1).
Penalty: 5 penalty units.
(3) In a proceeding for an offence against this
section it is a defence to the charge if—
(a) the defendant has a reasonable excuse
for failing to produce the certificate of
accreditation when required to do so
under sub-section (1); and
(b) within 5 days after being required to
produce the certificate, the defendant
produces it at the place directed by the
member of the police force or
authorised person.
s. 3
-- 34 of 70 --
Part 2—Taxi-cab Accreditation Amendments
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
32
Subdivision 6—Disciplinary Action and
Improvement Notices
135. When the licensing authority may take
disciplinary action
The licensing authority may take disciplinary
action against an accredited person in respect
of an accreditation held by that person if
satisfied—
(a) that a ground for refusal of an
application for the accreditation under
section 132D, 132E or 132F exists in
relation to the accredited person or a
relevant person in relation to the
accredited person; or
(b) that a ground for the service under
section 135F of an improvement notice
on the accredited person in respect of
the accreditation exists; or
(c) that the accreditation was obtained
because of a false or misleading
statement made, or false or misleading
information supplied, by the accredited
person or a relevant person in relation
to the accredited person; or
(d) that a relevant person in relation to the
accredited person has failed to comply
with a requirement under section
137A(6).
Note: The licensing authority is required to take
disciplinary action in the circumstances set out in
section 135A(3).
s. 3
-- 35 of 70 --
Part 2—Taxi-cab Accreditation Amendments
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
33
135A. Disciplinary actions that may be taken in
relation to accreditations
(1) The licensing authority may take one or
more of the following actions (disciplinary
actions) in relation to an accreditation held
by a person—
(a) cancel the accreditation and disqualify
the holder from applying for an
accreditation of that kind for a period
not exceeding 5 years;
(b) suspend the accreditation for any
period;
(c) if the accreditation is already
suspended, do either of the following—
(i) cancel the accreditation and
disqualify the holder from
applying for an accreditation of
that kind for a period not
exceeding 5 years;
(ii) suspend the accreditation for an
additional period;
(d) direct the person, or a relevant person
in relation to the person, to undertake
particular training;
(e) impose a new condition, restriction or
other limitation on, or vary a condition,
restriction or other limitation on, the
accreditation;
(f) reprimand the accredited person.
(2) If an accredited person holds more than one
kind of accreditation under this Division, the
licensing authority may take action in
relation to any one or more of the
accreditations.
s. 3
-- 36 of 70 --
Part 2—Taxi-cab Accreditation Amendments
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
34
(3) If the licensing authority is satisfied that a
ground for refusal of an application for
accreditation under section 132D(1)(a) exists
in relation to the accredited person or a
relevant person in relation to the accredited
person, the licensing authority must take
disciplinary action of a kind referred to in
sub-section (1)(a) in relation to the
accreditation held by the accredited person.
135B. Procedure for taking disciplinary action
(1) If the licensing authority proposes to take
disciplinary action against an accredited
person, the licensing authority must serve on
that person a notice (a disciplinary notice)
that—
(a) states the proposed action (including
any proposed period of suspension or
disqualification from applying for an
accreditation of a particular kind); and
(b) if the accredited person holds more than
one kind of accreditation under this
Division, states the accreditation or
accreditations to which the proposed
action relates; and
(c) states the grounds for the proposed
action; and
(d) invites the person to make a written
submission within a stated period as to
why the proposed action should not be
taken.
(2) For the purposes of sub-section (1)(d), the
period stated in the disciplinary notice must
be—
s. 3
-- 37 of 70 --
Part 2—Taxi-cab Accreditation Amendments
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
35
(a) if an immediate suspension notice is
also served under section 135C, a
period of at least 14 days after the day
on which the disciplinary notice is
served on the accredited person; or
(b) in any other case, a period of at least
28 days after the day on which the
disciplinary notice is served on the
accredited person.
(3) In deciding whether to take disciplinary
action, the licensing authority must consider
any response given to the authority in
accordance with sub-section (1)(d).
(4) If the licensing authority is satisfied that
grounds for taking disciplinary action against
a person have been established, the licensing
authority may—
(a) take any disciplinary action of which
notice was given in the disciplinary
notice or any disciplinary action that is
of lesser severity than that of which
notice was given in the disciplinary
notice; and
(b) in any case—
(i) direct the person, or a relevant
person in relation to the person, to
undertake particular training; or
(ii) reprimand the person.
(5) The licensing authority must, as soon as
practicable, serve written notice on the
accredited person of the decision with
respect to taking, or not taking, disciplinary
action and, if the decision is to take
disciplinary action, of—
s. 3
-- 38 of 70 --
Part 2—Taxi-cab Accreditation Amendments
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
36
(a) the disciplinary action being taken; and
(b) the date, which must not be earlier than
7 days after the day on which the notice
under this sub-section is served, on
which any cancellation, suspension,
disqualification or new or amended
condition, limitation or other restriction
takes effect.
135C. Immediate suspension of accreditation
(1) This section applies if the licensing
authority—
(a) has decided to serve, or has served, a
disciplinary notice on a person; and
(b) believes, on reasonable grounds, that it
is in the public interest that the
accreditation held by the person be
suspended as soon as practicable before
a decision is made to take action under
section 135B(4) in relation to the
person.
(2) In forming the belief referred to in sub-
section (1)(b), the licensing authority must
consider—
(a) the circumstances leading to the
decision to serve the disciplinary
notice; and
(b) the grounds stated, or proposed to be
stated, in the disciplinary notice.
(3) The licensing authority may serve on the
person a notice (an immediate suspension
notice) suspending the accreditation.
(4) If an immediate suspension notice is served
on the person, the accreditation is suspended
on that service.
s. 3
-- 39 of 70 --
Part 2—Taxi-cab Accreditation Amendments
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
37
(5) An immediate suspension notice served in
relation to an accreditation ends—
(a) if the accreditation is cancelled or
suspended under section 135B(4)—
when the cancellation or suspension
takes effect; or
(b) if a condition, restriction or other
limitation is imposed on the
accreditation, or a condition, restriction
or other limitation on the accreditation
is amended—when the condition,
restriction or other limitation or
amended condition, restriction or other
limitation, takes effect; or
(c) in any other case—when the person is
notified under section 135B(5) of the
decision made on the disciplinary
notice.
135D. Effect of suspension of accreditation on
licence
(1) This section applies if the licensing authority
suspends a person's accreditation.
(2) During the period of the suspension, the
person is taken not to hold an accreditation
of that kind and to be disqualified from
applying for an accreditation of that kind.
135E. Return of certificate of accreditation
(1) The holder of a cancelled or suspended
accreditation must, not later than 7 days after
the cancellation or suspension takes effect—
(a) return the certificate of accreditation to
the licensing authority; or
s. 3
-- 40 of 70 --
Part 2—Taxi-cab Accreditation Amendments
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
38
(b) if the certificate has been lost, stolen or
destroyed, give the authority a
statement, verified by a statutory
declaration signed by or on behalf of
the holder, that the certificate has been
lost, stolen or destroyed.
Penalty: 20 penalty units.
(2) If a person's accreditation is suspended and it
has not expired when the suspension ends,
the licensing authority must return the
certificate of accreditation to the person.
135F. Improvement notices
(1) If the licensing authority reasonably believes
on reasonable grounds—
(a) that an accredited person is
contravening—
(i) a condition, restriction or other
limitation on the accreditation; or
(ii) an applicable business or service
standard; or
Note: Business and service standards
may be determined under
section 133C.
(b) that an accredited person, or a relevant
person in relation to an accredited
person, is contravening a provision of
this Act or of the regulations; or
(c) that—
(i) an accredited person has
contravened a condition,
restriction or other limitation on
the accreditation or an applicable
business or service standard; or
s. 3
-- 41 of 70 --
Part 2—Taxi-cab Accreditation Amendments
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
39
(ii) an accredited person, or a relevant
person in relation to an accredited
person, has contravened a
provision of this Act or of the
regulations—
in circumstances that make it likely the
contravention will continue or be
repeated—
the licensing authority may serve on the
accredited person an improvement notice
requiring the person to remedy the
contravention or likely contravention, or the
matters or activities causing the
contravention or likely contravention, within
the period specified in the notice.
(2) An improvement notice must—
(a) state the basis for the licensing
authority's belief on which the service
of the notice is based; and
(b) specify the condition, restriction,
limitation, standard or provision that
the licensing authority believes has
been or is likely to be contravened; and
(c) specify a date (with or without a time)
by which the accredited person is
required to remedy the contravention or
likely contravention or the matters or
activities causing the contravention or
likely contravention, that the licensing
authority considers reasonable having
regard to the purpose of the
accreditation and the nature of the
contravention or likely contravention;
and
(d) set out the penalty for contravening the
notice; and
s. 3
-- 42 of 70 --
Part 2—Taxi-cab Accreditation Amendments
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
40
(e) include a statement of the effect of
section 135H (proceedings for offences
not affected by improvement notices);
and
(f) state that the notice is served under this
section; and
(g) state how the accredited person may
seek review of the service of the notice.
(3) An improvement notice may include
directions concerning the measures to be
taken to remedy the contravention or likely
contravention, or the matters or activities
causing the contravention or likely
contravention, to which the notice relates.
(4) Without limiting sub-section (3), an
improvement notice may include—
(a) a direction that if the accredited person
has not remedied the contravention,
likely contravention, matters or
activities (as the case may be) by the
date and time (if any) specified in the
notice, an activity to which the notice
relates is to cease until the licensing
authority has certified in writing that
the contravention or likely
contravention has, or the matters or
activities have, been remedied; and
(b) interim directions, or interim
conditions, restrictions or other
limitations on the carrying out of any
activities to which the notice relates,
that the licensing authority considers
necessary to minimise risks to safety or
the risk of a serious failure to provide a
reliable and efficient taxi-cab service.
s. 3
-- 43 of 70 --
Part 2—Taxi-cab Accreditation Amendments
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
41
(5) An accredited person on whom an
improvement notice is served must comply
with the notice.
Penalty: 20 penalty units.
(6) If an application for review of a decision
under this section has been made under
Subdivision 7, the licensing authority must
not give a certificate under sub-section (4)(a)
in relation to the improvement notice
concerned until after the review ends.
135G. Formal irregularities or defects in notice
An improvement notice is not invalid merely
because of—
(a) a formal defect or irregularity in the
notice unless the defect or irregularity
causes or is likely to cause substantial
injustice; or
(b) a failure to use the correct name of the
accredited person on whom the notice
is served if the notice sufficiently
identifies the person and is served on
the person in accordance with
section 250 or 251, as the case requires.
135H. Proceedings for offences not affected by
improvement notices
The service of an improvement notice does
not affect any proceeding for an offence
against this Act or the regulations in
connection with any matter in respect of
which the notice was served.
s. 3
-- 44 of 70 --
Part 2—Taxi-cab Accreditation Amendments
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
42
Subdivision 7—Review of Decisions
136. Jurisdiction of VCAT in relation to
mandatory refusal or cancellation of
accreditation
(1) A person—
(a) whose application for accreditation is
refused (wholly or partly) on a ground
set out in section 132D(1)(a); or
(b) whose accreditation is cancelled
(wholly or partly) under section
135A(3)—
may apply to VCAT for an order that the
licensing authority approve, or not refuse on
a ground referred to in paragraph (a) or
reinstate, or not cancel in reliance on section
135A(3), the accreditation (as the case
requires).
(2) On an application under sub-section (1)
VCAT may by order direct the licensing
authority to—
(a) accredit the applicant; or
(b) re-consider the application for
accreditation on the basis that a ground
set out in section 132D(1)(a) is not a
ground for refusal; or
(c) reinstate the accreditation of the
applicant; or
(d) re-consider the cancellation on the basis
that cancellation is not required under
section 135A(3).
(3) VCAT must not make an order applied for
under sub-section (1) unless it is satisfied
that the applicant has demonstrated that
holding the accreditation is appropriate
s. 3
-- 45 of 70 --
Part 2—Taxi-cab Accreditation Amendments
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
43
having regard to the purpose of accreditation
set out in section 130.
(4) In making an order under sub-section (2) in a
matter involving a tier 1 offence VCAT may
have regard to—
(a) any matter referred to in section
132F(2)(a) to (j); and
(b) any other matter that VCAT considers
relevant.
(5) The licensing authority must comply with an
order made by VCAT under sub-section (2).
136A. Review of decision by VCAT
(1) An applicant for accreditation, an accredited
person or a relevant person in relation to an
applicant or accredited person whose
interests are affected by a decision to which
this sub-section applies made by the
licensing authority under this Division may
apply to VCAT for review of the decision.
(2) Sub-section (1) applies to a decision—
(a) to refuse an application for
accreditation; or
(b) to impose a condition, restriction or
other limitation on an accreditation; or
(c) to vary or revoke a condition,
restriction or other limitation on an
accreditation; or
(d) to take disciplinary action; or
(e) to serve an improvement notice.
(3) Sub-section (1) does not apply to a decision
to the extent to which an application may be
made by the applicant under section 136(1)
for an order in respect of the decision.
s. 3
-- 46 of 70 --
Part 2—Taxi-cab Accreditation Amendments
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
44
136B. Time period for making application to
VCAT
An application under section 136(1) or for
review under section 136A(1) must be made
within 28 days after the later of—
(a) the day on which the decision of the
licensing authority was made; or
(b) if, under 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 8—Miscellaneous
137. Accreditation cannot be transferred
(1) An accreditation—
(a) is personal to the person who holds it;
(b) is not capable of being transferred or
assigned to any other person or
otherwise dealt with by the person who
holds it;
(c) does not vest by operation of law in any
other person.
(2) A purported transfer, assignment or lease of
an accreditation and any other purported
dealing with an accreditation by the person
who holds it is of no effect.
(3) The holder of an accreditation must not
purport to transfer or assign it to any other
person or otherwise purport to deal with it.
Penalty: 60 penalty units.
s. 3
-- 47 of 70 --
Part 2—Taxi-cab Accreditation Amendments
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
45
(4) This section—
(a) does not apply to the surrender of an
accreditation in accordance with this
Division; and
(b) has effect despite anything in any Act
or rule of law to the contrary.
137A. Holder of accreditation to notify of
relevant change in circumstances
(1) If a relevant change in circumstances occurs
with respect to an accreditation or an
accredited person, the accredited person
must notify the licensing authority of the
change in writing within 7 days after
becoming aware of the change.
(2) For the purposes of sub-section (1) a relevant
change in circumstances is a change in
circumstances—
(a) that has resulted or will result in any
particular set out in—
(i) the application for the
accreditation or in any document
that accompanied that application
or was supplied in connection
with it; or
(ii) the certificate of accreditation—
becoming inaccurate or inapplicable; or
(b) with respect to the manner of carrying
out any activity to which the
accreditation relates that has resulted or
will or may result in the accredited
person not being able to meet the
business and service standards
applicable to that activity; or
s. 3
-- 48 of 70 --
Part 2—Taxi-cab Accreditation Amendments
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
46
(c) that has resulted or will or may result in
a ground for refusal of accreditation
referred to in section 132D, 132E or
132F becoming applicable to the
accredited person or a relevant person
in relation to the accredited person.
(3) If the relevant change in circumstances has
resulted or will result in any particular set
out in the certificate of accreditation
becoming inaccurate or inapplicable, the
accredited person must surrender the
certificate to the licensing authority within
7 days after becoming aware of the change.
(4) An accredited person who contravenes sub-
section (1) or (3) is guilty of an offence and
liable to—
(a) in the case of a person accredited as a
taxi-cab licence holder or as a taxi-cab
operator, a penalty not exceeding
60 penalty units; and
(b) in the case of a person accredited as a
provider of taxi-cab network services, a
penalty not exceeding 240 penalty units
for a natural person and 1200 penalty
units for a body corporate.
(5) If a certificate of accreditation is surrendered
to the licensing authority in accordance with
sub-section (3), the licensing authority may
amend the certificate or issue a replacement
certificate for the remainder of the period of
the accreditation.
(6) The licensing authority may require a person
who is a relevant person in relation to an
accredited person to provide any other
information or comply with any other
requirement (including a criminal records
s. 3
-- 49 of 70 --
Part 2—Taxi-cab Accreditation Amendments
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
47
check) that the licensing authority reasonably
requires to decide whether, because of a
relevant change of circumstances, the
accredited person is no longer a suitable
person to be accredited.
(7) A person must not fail to comply with a
requirement under sub-section (6).
Penalty: 20 penalty units.
Note: A failure to comply with sub-section (6) is also
a ground for taking disciplinary action against
the accredited person under section 135(d).
137B. Surrender of accreditation
(1) An accredited person may apply in writing to
the licensing authority for consent to the
surrender of the accreditation.
(2) An application under sub-section (1) must be
accompanied by the certificate of
accreditation unless—
(a) the certificate has already been returned
to the licensing authority; or
(b) the certificate has been lost, stolen or
destroyed.
(3) If sub-section (2)(b) applies, the application
must be accompanied by a statement,
verified by a statutory declaration signed by
or on behalf of the accredited person, that the
certificate has been lost, stolen or destroyed.
(4) If an application is made in accordance with
this section, the licensing authority must
consent to the surrender unless it is taking, or
proposing to take, action to cancel or
suspend the accreditation.
s. 3
-- 50 of 70 --
Part 2—Taxi-cab Accreditation Amendments
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
48
(5) Despite sub-section (4), the licensing
authority may impose any condition on the
grant of the consent that the licensing
authority reasonably considers necessary to
protect the interests of a third party.
137C. False representation in relation to
accreditation
A person must not falsely represent that the
person is accredited under this Division or
holds an accreditation under this Division of
a specified kind.
Penalty: 30 penalty units.
137D. Communication with responsible person
If an accredited person is not an individual,
the licensing authority is entitled to
communicate at any time in relation to the
accreditation with the person who is the
responsible person in relation to the
accredited person.
137E. Regulations
(1) The Governor in Council may make
regulations for or with respect to—
(a) accreditations under this Division,
including, but not limited to, conditions
to which accreditations, or any class of
accreditation, are subject; and
(b) exempting any provider of taxi-cab
network services or class of provider of
taxi-cab network services from the
requirement to be accredited under this
Division; and
(c) 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.
s. 3
-- 51 of 70 --
Part 2—Taxi-cab Accreditation Amendments
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
49
(2) Without limiting sub-section (1)(a),
conditions prescribed under that sub-section
may include conditions relating to—
(a) the keeping of records, including
records as to gross revenue earned and
complaints received and how dealt
with;
(b) the submission of information
(including copies of records) to the
licensing authority;
(c) the inspection or auditing of records.
(3) Any regulations made under this section—
(a) may be of general or of specially
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. 3
-- 52 of 70 --
Part 2—Taxi-cab Accreditation Amendments
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
50
4. No compensation payable
At the end of section 90 of the Transport Act
1983 insert—
"(2) Without limiting sub-section (1), no
compensation is payable to any person in
respect of, or as a consequence of, a decision
of the licensing authority under Division 4—
(a) to approve or refuse an application for
accreditation; or
(b) to impose a condition, restriction or
other limitation on an accreditation; or
(c) to vary or revoke a condition,
restriction or other limitation on an
accreditation; or
(d) to take disciplinary action; or
(e) to serve an improvement notice.".
5. Vehicles not to be operated unless licensed
In section 139(2) of the Transport Act 1983,
after "this Division" insert "and Division 4".
6. Taxi-cab licences
(1) Section 143(1)(g) of the Transport Act 1983 is
repealed.
(2) After section 143(2) of the Transport Act 1983
insert—
"(2A) The licensing authority must not grant a taxi-
cab licence unless the applicant is accredited
under Division 4 as a taxi-cab licence holder.
(2B) The licensing authority must not grant a taxi-
cab licence to which a condition referred to
in section 143D(1)(b) is to be attached unless
the applicant is accredited under Division 4
as a taxi-cab operator.".
s. 4
-- 53 of 70 --
Part 2—Taxi-cab Accreditation Amendments
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
51
7. Power to make Orders for the granting of taxi-cab
licences in taxi-cab zones
After section 143A(11) of the Transport Act
1983 insert—
"(12) The licensing authority must not grant a taxi-
cab licence to operate in an area proclaimed
as a taxi-cab zone under this section unless
the owner or intending owner is accredited
under Division 4 as a taxi-cab licence holder.
(13) The licensing authority must not grant a taxi-
cab licence (being a licence to operate in an
area proclaimed as a taxi-cab zone under this
section) to which a condition referred to in
section 143D(1)(b) is to be attached unless
the owner or intending owner is accredited
under Division 4 as a taxi-cab operator.".
8. Setting of fees
In section 147B(1)(a) of the Transport Act 1983
after "sections" insert "132(2), 134(3),".
9. Transfer of licences
(1) Before section 149(2)(b) of the Transport Act
1983 insert—
"(a) in the case of a taxi-cab licence that is
suspended by force of section 156A(2)
or (6), the licensing authority agrees to lift
the suspension; and".
(2) In section 149(2)(b) of the Transport Act 1983,
before "the licensing" insert "in any case,".
(3) In section 149(3)(a) and (b) of the Transport Act
1983, at the beginning of the paragraph insert
"other than in the case of a taxi-cab licence,".
s. 7
-- 54 of 70 --
Part 2—Taxi-cab Accreditation Amendments
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
52
(4) After section 149(3) of the Transport Act 1983
insert—
"(3AA) In addition to sub-section (3)(c), the
licensing authority may authorise the transfer
of a taxi-cab licence if satisfied that—
(a) the person to whom it is proposed to
transfer the licence is accredited under
Division 4 as a taxi-cab licence holder;
and
(b) in the case of a licence to which a
condition referred to in section
143D(1)(b) is attached, the person to
whom it is proposed to transfer the
licence is accredited under Division 4
as a taxi-cab operator.".
(5) In section 149(3A) of the Transport Act 1983,
for "sub-section (3)" substitute "sub-sections
(3)(c) and (3AA)".
10. Assignments
(1) After section 150(2) of the Transport Act 1983
insert—
"(2AA) Without limiting sub-section (2), the
licensing authority must refuse an
application unless the assignee is accredited
under Division 4 as a taxi-cab operator.".
(2) In section 150(2A) of the Transport Act 1983—
(a) for "may grant" substitute "must refuse";
and
(b) in paragraph (b) after "is" insert "not".
(3) Section 150(6) of the Transport Act 1983 is
repealed.
s. 10
-- 55 of 70 --
Part 2—Taxi-cab Accreditation Amendments
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
53
11. New section 156A inserted
Before section 157 of the Transport Act 1983
insert—
"156A. Effect on taxi-cab licences of outcomes
under Division 4
(1) If the accreditation under Division 4 of a
person as a taxi-cab licence holder is
cancelled under Subdivision 6 of that
Division or surrendered with the consent of
the licensing authority under section 137B—
(a) any taxi-cab licence held by the person
to which a condition referred to in
section 143D(1)(a) is attached is
revoked by force of this sub-section;
and
(b) any other taxi-cab licence held by the
person is revoked by force of this sub-
section on the expiry of the period of
90 days after that cancellation or
surrender (or any longer period allowed
by the licensing authority) unless the
licence is transferred in accordance
with this Division to another person
before then.
(2) If the accreditation under Division 4 of a
person as a taxi-cab licence holder is
suspended under Subdivision 6 of that
Division, any taxi-cab licence held by the
person (including any licence the right to
operate a vehicle under which has been
assigned by that person under section 150)
is, subject to section 149(2), suspended by
force of this sub-section for the same period
as the accreditation is suspended.
s. 11
-- 56 of 70 --
Part 2—Taxi-cab Accreditation Amendments
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
54
(3) If a taxi-cab licence to which a condition
referred to in section 143D(1)(b) is not
attached is transferred in accordance with
this Division to a person who is accredited as
a taxi-cab licence holder, but not as a taxi-
cab operator, the licence is revoked by force
of this sub-section on the expiry of the
period of 90 days after that transfer (or any
longer period allowed by the licensing
authority) unless before then the transferee in
accordance with this Division—
(a) assigns to another person the right to
operate a vehicle under the licence; or
(b) transfers the licence to another person.
(4) If the operator of a taxi-cab is found guilty of
an offence against section 131—
(a) if the right to operate a vehicle under a
taxi-cab licence has been assigned to
the operator under section 150, the
assignment is revoked by force of this
sub-section; and
(b) if the operator is the holder of a taxi-
cab licence to which conditions under
both section 143D(1)(a) and (b) are
attached, the licence is revoked by
force of this sub-section; and
(c) if the operator is the holder of a taxi-
cab licence to which conditions under
both section 143D(1)(a) and (b) are not
attached, the licence is revoked by
force of this sub-section on the expiry
of the period of 90 days after the
finding (or any longer period allowed
by the licensing authority) unless
before then the operator in accordance
with this Division—
s. 11
-- 57 of 70 --
Part 2—Taxi-cab Accreditation Amendments
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
55
(i) assigns to another person the right
to operate a vehicle under the
licence; or
(ii) transfers the licence to another
person.
(5) If the accreditation under Division 4 of a
person as a taxi-cab operator is cancelled
under Subdivision 6 of that Division or
surrendered with the consent of the licensing
authority under section 137B—
(a) if the right to operate a vehicle under a
taxi-cab licence has been assigned to
the operator under section 150, the
assignment is revoked by force of this
sub-section; and
(b) if the operator is the holder of a taxi-
cab licence to which conditions under
both section 143D(1)(a) and (b) are
attached, the licence is revoked by
force of this sub-section; and
(c) if the operator is the holder of a taxi-
cab licence to which conditions under
both section 143D(1)(a) and (b) are not
attached, the licence is revoked by
force of this sub-section on the expiry
of the period of 90 days after the
cancellation or surrender (or any longer
period allowed by the licensing
authority) unless before then the
operator in accordance with this
Division—
(i) assigns to another person the right
to operate a vehicle under the
licence; or
(ii) transfers the licence to another
person.
s. 11
-- 58 of 70 --
Part 2—Taxi-cab Accreditation Amendments
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
56
(6) If the accreditation under Division 4 of a
person as a taxi-cab operator is suspended
under Subdivision 6 of that Division—
(a) any assignment to the operator under
section 150 of the right to operate a
vehicle under a taxi-cab licence is
suspended by force of this sub-section
for the same period as the accreditation
is suspended; and
(b) any taxi-cab licence held by the
operator (other than any licence the
right to operate a vehicle under which
has been assigned by that person under
section 150) is, subject to section
149(2), suspended by force of this sub-
section for the same period as the
accreditation is suspended.".
12. Regulations
In section 162(1) of the Transport Act 1983,
paragraphs (n), (na) and (nb) are repealed.
__________________
s. 12
-- 59 of 70 --
Part 3—Other Amendments to Transport Act 1983
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
57
PART 3—OTHER AMENDMENTS TO TRANSPORT
ACT 1983
Division 1—Infringements Amendments
13. New section 214A inserted
After section 214 of the Transport Act 1983
insert—
"214A. Differences in penalties
The penalty for a transport infringement or a
ticket infringement may differ according to
whether the notice for the infringement is
served by a member of the police force or by
a person who is an officer who is authorised
to issue a notice for a transport infringement
or ticket infringement.".
14. Regulations
(1) In section 215(2) of the Transport Act 1983, for
"section 213(1)" substitute "Division 5 of Part 2
of the Infringements Act 2006".
(2) After section 215(2)(b) of the Transport Act
1983 insert—
"(ba) allow for a different amount of penalty
according to whether the notice for the
transport infringement or ticket infringement
(or both) is served by a member of the police
force or by an officer who is authorised to
issue the notice; and".
s. 13
-- 60 of 70 --
Part 3—Other Amendments to Transport Act 1983
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
58
Division 2—Assignment Amendments
15. Assignments
(1) In section 150(1) of the Transport Act 1983,
omit "for a specified period or until the expiry of
the licence".
(2) After section 150(4) of the Transport Act 1983
insert—
"(4A) An assignment or purported assignment
under this section is of no effect if—
(a) it is not authorised by the licensing
authority under this section; or
(b) it is not made in writing; or
(c) subject to sub-section (4B), it is not for
a fixed period of 3 years or less.
(4B) An assignment under this section may
provide for the termination of the assignment
in specified circumstances before the expiry
of the period of the assignment.
(4C) An assignment under this section cannot be
renewed and cannot be varied so as to extend
the period of the assignment.
(4D) Nothing in sub-section (4C) prevents a fresh
application being made under sub-section (1)
for authority to assign the right to operate a
vehicle under a licence to operate a taxi-cab
to an assignee or former assignee of that
right.".
(3) After section 150(6) of the Transport Act 1983
insert—
"(7) Unless sooner cancelled under sub-section
(6) or otherwise terminated, an assignment
under this section ends at the expiration of
the period of the assignment.".
s. 15
-- 61 of 70 --
Part 3—Other Amendments to Transport Act 1983
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
59
Division 3—Miscellaneous Amendments
16. Amendment of definitions
In section 86(1) of the Transport Act 1983—
(a) after the definition of "Commission"
insert—
' "company" has the same meaning as in
section 9 of the Corporations Act;';
(b) for the definition of "Corporation"
substitute—
' "corporation" has the same meaning as
that given by section 57A of the
Corporations Act;';
(c) in the definition of "operate"—
(i) in paragraph (a), after "vehicle" insert
"(other than a taxi-cab)";
(ii) after paragraph (a) insert—
"(ab) in the case of a taxi-cab, carry
passengers for hire or reward and
includes to ply or stand for hire or
to use the taxi-cab in any other
way for the purpose of carrying
passengers for hire or reward;
and";
(d) after the definition of "operate" insert—
' "operator" in relation to a taxi-cab,
means—
(a) unless paragraph (b) applies, the
holder of the licence under which
the taxi-cab is operated; or
(b) if the right to operate the taxi-cab
has been assigned to a person
under section 150, that person
s. 16
-- 62 of 70 --
Part 3—Other Amendments to Transport Act 1983
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
60
while the assignment remains in
force;'.
17. New section 227 substituted
For section 227 of the Transport Act 1983
substitute—
"227. Offences by unincorporated bodies,
partnerships etc.
Where this Act provides that a person, being
a partnership or an unincorporated body or
association, is guilty of an offence, that
reference to the person—
(a) in the case of a partnership—is to be
read as a reference to each member of
the partnership; and
(b) in the case of an unincorporated body
or association—is to be read as a
reference to each member of the
committee of management of the body
or association.".
Division 4—Transitional Provisions
18. New Division 6 inserted in Part VIII
After Division 5 of Part VIII of the Transport
Act 1983 insert—
"Division 6—Transitional Provisions—
Transport (Taxi-cab Accreditation and Other
Amendments) Act 2006
272. Taxi-cab accreditation
(1) Subject to this section, a person who holds a
taxi-cab licence immediately before the
commencement of Part 2 of the Transport
(Taxi-cab Accreditation and Other
Amendments) Act 2006 is deemed, for the
s. 17
-- 63 of 70 --
Part 3—Other Amendments to Transport Act 1983
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
61
period of 12 months after that
commencement, to be accredited under
Division 4 of Part VI as a taxi-cab licence
holder.
(2) Subject to this section, a person who
immediately before the commencement of
Part 2 of the Transport (Taxi-cab
Accreditation and Other Amendments)
Act 2006—
(a) holds a licence to operate a taxi-cab the
right to operate a vehicle under which
has not been assigned to another person
under section 150; or
(b) is a person to whom the right to operate
a vehicle under a taxi-cab licence is
assigned under section 150—
is deemed, for the period of 2 years after that
commencement, to be accredited under
Division 4 of Part VI as a taxi-cab operator.
(3) To avoid doubt, Division 4 of Part VI applies
to a deemed accreditation under sub-section
(1) or (2) and that accreditation may be
cancelled, suspended, surrendered or
otherwise dealt with (including by the
variation, revocation or imposition of a
condition, restriction or other limitation) in
accordance with that Division.
(4) The licensing authority may at any time
during the period of a deemed accreditation
of a person under sub-section (1) or (2), by
written notice served on that person, require
that person to apply for accreditation under
Division 4 of Part VI as a taxi-cab licence
holder or taxi-cab operator (as the case
requires) on or before the date specified in
the notice, which must not be earlier than
s. 18
-- 64 of 70 --
Part 3—Other Amendments to Transport Act 1983
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
62
28 days after the day on which the notice is
served.
(5) If a person on whom a notice is served under
sub-section (4) does not apply for
accreditation under Division 4 of Part VI as a
taxi-cab licence holder or taxi-cab operator
(as the case requires) on or before the date
specified in the notice, the licensing
authority may serve on that person a notice
cancelling the deemed accreditation with
effect from the date specified in the notice,
which must not be earlier than 7 days after
the day on which the notice is served.
273. Assignments
The amendments of section 150 of this Act
made by Division 2 of Part 3 of the
Transport (Taxi-cab Accreditation and
Other Amendments) Act 2006 only apply
to—
(a) applications made under sub-section (1)
of that section on or after the
commencement of that Division; and
(b) assignments made under that section on
or after that commencement in reliance
on an authority granted on an
application referred to in
paragraph (a).".
Division 5—Other Amendments
19. Sunset of accreditation exemption for certain
providers of taxi-cab network services
(1) In section 131A(1) of the Transport Act 1983
omit "or is exempted by the regulations from the
requirement to be accredited under this Division".
s. 19
-- 65 of 70 --
Part 3—Other Amendments to Transport Act 1983
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
63
(2) Section 137E(1)(b) of the Transport Act 1983 is
repealed.
__________________
s. 19
-- 66 of 70 --
Part 4—Amendments to Transport Legislation (Further Amendment) Act
2006
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
64
PART 4—AMENDMENTS TO TRANSPORT LEGISLATION
(FURTHER AMENDMENT) ACT 2006
20. Amendment of commencement dates
(1) In section 2(5) of the Transport Legislation
(Further Amendment) Act 2006, for "sub-
sections (6) and (7)" substitute "sub-section (6)".
(2) For sections 2(6) and 2(7) of the Transport
Legislation (Further Amendment) Act 2006
substitute—
"(6) If a provision referred to in sub-section (5)
does not come into operation before 1 July
2007, it comes into operation on that day.".
21. Definitions
In section 8(a) of the Transport Legislation
(Further Amendment) Act 2006—
(a) in the definition of "category 1 offence"
proposed to be inserted in section 86(1) of
the Transport Act 1983—
(i) in paragraph (f) for "Commonwealth;"
substitute "Commonwealth; or";
(ii) after paragraph (f) insert—
"(g) an offence under a law of a
jurisdiction other than Victoria
(including jurisdictions outside
Australia) that, if it had been
committed in Victoria, would
have constituted an offence of a
kind listed in this definition;";
s. 20
-- 67 of 70 --
Part 4—Amendments to Transport Legislation (Further Amendment) Act
2006
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
65
(b) in the definition of "category 2 offence"
proposed to be inserted in section 86(1) of
the Transport Act 1983—
(i) in paragraph (d) for "dishonesty;"
substitute "dishonesty; or";
(ii) after paragraph (d) insert—
"(e) an offence under a law of a
jurisdiction other than Victoria
(including jurisdictions outside
Australia) that, if it had been
committed in Victoria, would
have constituted an offence of a
kind listed in this definition;";
(c) for the definition of "category 3 offence"
proposed to be inserted in section 86(1) of
the Transport Act 1983 substitute—
' "category 3 offence" means—
(a) a criminal offence that is not a
category 1 offence or a category 2
offence; or
(b) an offence under a law of a
jurisdiction other than Victoria
(including jurisdictions outside
Australia) that, if it had been
committed in Victoria, would
have constituted an offence of a
kind listed in this definition;'.
22. Exceptions to offence
(1) In section 14 of the Transport Legislation
(Further Amendment) Act 2006, in the proposed
new section 165(2) of the Transport Act 1983—
(a) in paragraph (b), for "instruction." substitute
"instruction; or";
s. 22
-- 68 of 70 --
Part 4—Amendments to Transport Legislation (Further Amendment) Act
2006
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
66
(b) after paragraph (b) insert—
"(c) in the case of a commercial passenger
vehicle that is not a taxi-cab, solely for
private use.".
(2) In section 14 of the Transport Legislation
(Further Amendment) Act 2006, in the proposed
new section 165(3) of the Transport Act 1983 —
(a) in paragraph (b), for "instruction." substitute
"instruction; or";
(b) after paragraph (b) insert—
"(c) solely for private use.".
23. Requirements for issue and renewal of accreditation
In section 14 of the Transport Legislation
(Further Amendment) Act 2006, in the proposed
new section 169(2)(a) of the Transport Act 1983,
after "does not hold" insert "either".
24. Notification time limit
In section 14 of the Transport Legislation
(Further Amendment) Act 2006, in the proposed
new section 169S of the Transport Act 1983, for
"28 days" substitute "7 days".
═══════════════
s. 23
-- 69 of 70 --
Transport (Taxi-cab Accreditation and Other Amendments) Act
2006
Act No. 71/2006
67
ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 20 July 2006
Legislative Council: 24 August 2006
The long title for the Bill for this Act was "to amend the Transport Act
1983 to provide for the accreditation of certain participants in the taxi-cab
industry, to enable the penalties for transport infringements and ticket
infringements to vary depending on how they are issued and to authorise
certain public transport ticket conditions, to make minor amendments to
the Transport Legislation (Further Amendment) Act 2006 and for
other purposes."
Endnotes
-- 70 of 70 --