Taxi Amendment Act 2007
Taxi Amendment Act 2007
3.The Act amended2
4.Section 3 amended2
5.Section 16 amended2
6.Section 18 amended3
7.Section 21 amended3
8.Section 24 amended5
9.Section 25 amended5
10.Section 30A amended5
11.Part 3 Division 4 inserted6
Division 4 — Exchange of restricted hours taxi plates
30I.Restricted hours taxi plates may be exchanged for conventional taxi plates6
12.Section 41 amended7
Taxi Amendment Act 2007
An Act to amend the Taxi Act 1994.
[Assented to 16 October 2007]
The Parliament of Western Australia enacts as follows:
This is the Taxi Amendment Act 2007.
This Act comes into operation as follows:
(a)sections 1 and 2 — on the day on which this Act receives the Royal Assent (“assent day”);
(b)the rest of the Act — on the day after assent day.
The amendments in this Act are to the Taxi Act 1994*.
[*Reprint 2 as at 4 August 2006.
For subsequent amendments see Act No. 77 of 2006.]
(1)Section 3(1) is amended by inserting in the appropriate alphabetical position —
“conventional taxi plates” means taxi plates used, or to be used, on a taxi except —
(a)a taxi operated subject to conditions restricting the operation of the taxi to specified times or areas; and
(b)a multi‑purpose taxi as defined in section 30A(1);
(2)Section 3(1) is amended in the definition of “taxi plates” by inserting after “section 18” —
“ or 30I(2)(b) ”.
(1)Section 16(3) is amended as follows:
(a)by deleting “Taxi” and inserting instead —
“ Conventional taxi ”;
(b)by deleting “taxi” in both places where it occurs and inserting instead —
“ conventional taxi ”.
(2)Section 16(10) is amended in the definition of “relevant percentage” as follows:
(a)in paragraph (a), by deleting “20%” and inserting instead —
“ 35% ”;
(b)in paragraph (b) —
(i)by deleting “another” and inserting instead —
“ a higher ”;
(ii)by deleting “other”.
Section 18(1)(c) is amended by deleting “operating” and inserting instead —
“ being operated ”.
After section 21(2) the following subsections are inserted —
(3)Where the Director General decides that a plate holder has not, for a period of at least 60 days, used taxi plates owned or leased by him or her on a vehicle being operated as a taxi in accordance with this Act, the Director General may serve notice on that person —
(a)stating the reason the Director General made that decision; and
(b)requiring the plate holder —
(i)in the case of an owner of taxi plates — to divest himself or herself of any interest in the ownership of the taxi plates within 45 days after the day of service of the notice (the “divestment period”); or
(ii)in the case of a lessee of taxi plates — advising him or her of the effect of the relevant provisions of subsections (4) and (5).
(4)Where a person fails to divest himself or herself of his or her interest in the ownership of taxi plates within the divestment period or a person is served with a notice under subsection (3)(b)(ii) in relation to the leasing of taxi plates —
(a)his or her right to the plates is forfeited to the Director General —
(i)if he or she has applied under subsection (5) for a review — on the making of a decision that confirms the Director General’s decision or that otherwise results in the forfeiture of that right; or
(ii)otherwise on the expiry of —
(I)in the case of an owner of taxi plates — the divestment period; or
(II)in the case of a lessee of taxi plates — the period specified in subsection (5);
(b)the plates may then be offered for sale or lease, as the case requires, in accordance with section 16.
(5)Where the Director General serves notice on a person under subsection (3), the person may within 14 days after the day of service of that notice apply to the State Administrative Tribunal for a review of the Director General’s decision that he or she has not, for a period of at least 60 days, used taxi plates owned or leased by him or her on a vehicle being operated as a taxi in accordance with this Act.
(6)In this section —
“plate holder”, in relation to a plate holder that is a partnership, means each member of the partnership.
(1)Section 24(2) is amended by inserting after “divest under section” —
“ 21(3) or ”.
(2)After section 24(5) the following subsection is inserted —
(6)Taxi plates issued under section 30I(2)(b) are not transferable for a period of one year after the day on which they are issued.
Section 25(1)(c) is amended by inserting after “forfeiture under” —
“ subsection (4) of section 21 or ”.
Section 30A(1) is amended in paragraph (a) of the definition of “transferable MPT plates” by deleting “that operates” and inserting instead —
“ operated ”.
After section 30H the following Division is inserted in Part 3 —
(1)In this section —
“restricted hours taxi” means a taxi the operation of which —
(a)is subject to a condition restricting the hours during which the taxi is operated; and
(b)is not subject to a condition restricting the transfer of the relevant RHT plates, except a condition restricting the transfer of those plates within 3 years after they were acquired;
“RHT owner” means a person who is the owner, or has an interest in the ownership, of RHT plates;
“RHT plates” means taxi plates that are used on a restricted hours taxi.
(2)The Director General may enter into an agreement, on such terms and conditions as the Minister approves, with a person who is an RHT owner for —
(a)the surrender and cancellation of the RHT plates in respect of which the person is an RHT owner; and
(b)the issue to the person of conventional taxi plates that are to be owned by that person, or that the person is to have an interest in owning, as the case requires.
(3)Without limiting subsection (2), an agreement under that subsection may provide for an amount to be paid by the RHT owner to the Director General as part of the consideration for the issue to the person of conventional taxi plates.
(4)One set of conventional taxi plates is to be issued under subsection (2)(b) in respect of each set of RHT plates surrendered and cancelled under subsection (2)(a).
(5)If an RHT owner that —
(a)is a party to an agreement under subsection (2); and
(b)would, but for this subsection, be issued with conventional taxi plates under subsection (2)(b),
so agrees, the plates may be issued instead to another person who, in the opinion of the Director General, has an interest in the ownership of the RHT plates that are the subject of the agreement.
(6)Except as otherwise expressly provided in this section, this section does not limit any other provision of this Act in relation to the offering for sale or issuing of taxi plates.
Section 41(2)(c) is amended by deleting “sale or lease” and inserting instead —
“ sale, lease or issue ”.