Western Australia
Taxi Act 1994
Reprinted as at 11 October 2002
What the reprint includes
Endnotes, Compilation table
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2.Validation, transitional, savings, or other provisions identified in the Compilation table
3.A table
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Reprinted under the Reprints Act 1984 as |
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Western Australia
Taxi Act 1994
CONTENTS
Part 1 — Preliminary
1.Short title2
2.Commencement2
3.Interpretation2
4.Operations within control area4
Part 2 — Administration
5.Directions5
6.Delegatory power of Minister and Director General5
7.Director General to advise Minister5
8.Taxi Industry Board5
9.Tenure of office6
10.Chairperson6
11.Meetings6
12.Remuneration and allowances7
13.Funding of Board7
14.Functions of Board7
Part 3 — Operation of taxis
Division 1 — Taxi plates
15.Taxi plates8
16.Taxi plates offered for sale by public tender8
17.Form of tender9
18.Issue of taxi plates9
19.Annual fees for taxi plates10
20.Conditions11
21.Use of taxi plates12
22.Variation of conditions12
23.Divesting and forfeiture of taxi plates13
24.Transfer of taxi plates14
25.Return of taxi plates14
Division 2 — Registration of providers of taxi dispatch services
26.Taxi dispatch service15
27.Application for registration15
28.Registration16
29.Conditions16
30.Cancellation of registration17
Part 4 — General
31.Authorised officers19
32.Powers of authorised officers19
33.Averments21
36.Bonds held by operators21
37.Appeals against certain decisions23
38.Procedure on appeals24
39.Infringement notices24
40.Regulations25
41.Taxi Industry Development Account27
43.Surrender of certain taxi plates28
45.Review of Act29
Part 5 — Repeal and transitional provisions
46.Repeal30
47.Transitional30
Notes
Compilation table33
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Reprinted under the Reprints Act 1984 as |
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Western Australia
Taxi Act 1994
An Act to provide for the effective administration of the Taxi Industry, to repeal the Taxi‑car Control Act 1985, to amend certain other Acts and for related purposes.
Part 1 — Preliminary
This Act may be cited as the Taxi Act 1994 1.
The provisions of this Act
(1)In this Act, unless the contrary intention appears —
“approved” means approved by the Director General;
“authorised officer” means —
(a)an officer designated or appointed under section 31; or
(b)a member of the Police Force;
“Board” means the Taxi Industry Board established under section 8;
“commencement day” means the day on which this Act comes into operation;
“control area” means a part of the State which is prescribed as a control area;
“department” means the department of the Public Service of the State principally assisting the Minister with the administration of this Act
“Director General
“operate” means —
(a)to own and drive;
(b)to be a plate owner and drive; or
(c)to cause, by leasing or otherwise, another person to drive,
a vehicle as a taxi;
“operator” means a person who operates a vehicle as a taxi;
“plate owner” means the owner of taxi plates;
“registration” means registration as the provider of a taxi dispatch service under section 28;
“repealed Act” means the Taxi‑car Control Act 1985;
“taxi” means a vehicle which is used for the purpose of standing or plying for hire, or otherwise for the carrying of passengers for reward, but does not include an omnibus licensed under the Transport Co‑ordination Act 1966 or a vehicle of a class declared by the Director General under subsection (2) not to be a taxi;
“taxi dispatch service” means a service that provides —
(a)radio base, computer or telephone services for taxis or makes arrangements for taxis to be provided with such services; and
(b)controlling, co‑ordinating, administrative and other services to the taxi industry,
for the purpose of arranging for a person who requests a taxi to be provided with one;
“Taxi Industry Development Account
“taxi plates” means a set of taxi number plates issued under section 18;
“use” as applied to taxi plates means to display, or to cause or permit another person to display, taxi plates on or in a vehicle.
(2)The Director General may, by notice published in the Gazette declare vehicles of a specified class not to be taxis and may, by subsequent notice so published, amend or revoke any such declaration.
(3)In this Act —
(a)a reference to a partnership in relation to a tender for taxi plates or an application for registration is a reference to a tender or an application being made jointly by 2 or more persons;
(b)the term “corporation” includes a company within the meaning of the Companies (Co‑operat
(c)a reference to a person that indicates that the person has a gender includes a reference to a corporation unless the context requires otherwise.
[Section 3 amended by No. 7 of 2002 s. 30.]
4.Operations within control area
The carrying of passengers —
(a)into a control area from a place outside a control area; or
(b)from within a control area to a place outside the control area on the return journey by a direct route to the place from which passengers were brought into the control area,
shall not be taken as operating within the control area unless the carrying takes place in circumstances which are authorised in writing by the Director General.
Part 2 — Administration
(1)The Minister may give directions in writing to the Director General with respect to the performance of his
(2)The text of any direction given under subsection (1) shall be included in the annual report submitted by the Director General under section 62 of the Financial Administration and Audit Act 1985.
[Section 5 amended by No. 7 of 2002 s. 31.]
6.Delegatory power of Minister and Director General
(1)The Minister may, in writing and either generally or as otherwise provided by the instrument of delegation, delegate to the Director General, an officer of the department or any other person any of the powers or duties of the Minister under this Act, other than this power of delegation.
(2)The Director General may, in writing and either generally or as otherwise provided by the instrument of delegation, delegate to an officer of the department or any other person any of the powers or duties of the Director General under this Act, other than this power of delegation.
7.Director General to advise Minister
The Director General shall advise the Minister as to the most effective way of ensuring the provision of adequate and efficient taxi services to the public.
There is established by this section a Board, to be known as the Taxi Industry Board, which shall consist of 7 members, appointed by the Minister, who shall be persons with knowledge or experience in the taxi industry or as consumers of taxi services.
A member of the Board —
(a)holds office for such term not exceeding 2 years as is specified in the instrument appointing the member and is eligible for reappointment; and
(b)may resign from office by notice in writing delivered to the Minister.
(1)The Minister shall appoint one of the members of the Board to be the chairperson.
(2)The Board shall appoint one member to be the deputy chairperson.
(3)The deputy chairperson is to perform the functions of the chairperson when the chairperson is unable to do so by reason of illness, absence or other cause, or when the office of chairperson is vacant.
(1)Subject to this section, the Board is to determine the procedure for convening and conducting its meetings.
(2)At a meeting of the Board —
(a)the chairperson, or in his
(b)in the absence of both of those members, a member elected by the members present is to preside.
(3)The Board must keep minutes of its meetings of a standard approved by the Minister and provide the Minister with a copy of the minutes of each meeting.
12.Remuneration and allowances
A member of the Board is entitled to such remuneration and allowances as are determined by the Minister from time to time on the recommendation of the Minister for Public Sector Management.
The funds necessary for the performance of the functions of the Board shall be charged to the Taxi Industry Development Account.
[Section 13 amended by No. 49 of 1996 s. 64; No. 7 of 2002 s. 35.]
The functions of the Board are —
(a)to keep the Minister informed as to the state of the taxi industry;
(b)to develop policies and plans for the improvement of the taxi industry; and
(c)when requested by the Minister, to advise the Minister in relation to applications for grants from moneys standing to the credit of the Taxi Industry Development Account.
[Section 14 amended by No. 49 of 1996 s. 64; No. 7 of 2002 s. 35.]
Part 3 — Operation of taxis
Division 1 — Taxi plates
(1)A vehicle may not be operated as a taxi within a control area unless that vehicle is operated —
(a)using taxi plates; and
(b)in accordance with this Act.
(2)Where a vehicle is operated as a taxi contrary to subsection (1) an offence is committed by —
(a)the owner of the vehicle;
(b)the driver of the vehicle;
(c)the operator of the vehicle as a taxi; and
(d)the provider of the taxi dispatch service involved, if any,
and where the vehicle is owned or operated by more than one person each of those persons commits an offence.
(3)A person who commits an offence against this section is liable to a penalty of $5 000.
16.Taxi plates offered for sale by public tender
Taxi plates shall be offered for sale by public tender, with the invitation to tender specifying —
(a)the criteria to be met by the successful tenderer;
(b)the minimum tender, if any, which will be accepted; and
(c)the conditions to be imposed on the operation of a taxi using the plates which are being offered for sale.
(1)A tender for taxi plates shall be in the approved form and shall —
(a)where the tender is submitted by a partnership, disclose the name and address of each member of the partnership;
(b)where the tender is submitted by a corporation, either solely or as a member of a partnership, disclose the name and address of the directors, the other persons concerned in the management of the corporation, and the shareholders of the corporation; and
(c)disclose the identity of any other person who is to have a financial interest in the ownership of the taxi plates.
(2)The Director General may require the statements in a tender be verified by a statutory declaration.
(3)A person shall not furnish any false or misleading information in a tender for taxi plates.
Penalty: $10 000.
(4)Taxi plates shall not be issued to a tenderer if that tenderer would thereby become the owner of more than 5 sets of taxi plates, either solely or in partnership with another person.
(1)If the Director General is satisfied in respect of a tender for taxi plates —
(a)that —
(i)the tenderer;
(ii)in the case of a joint tender, each of the tenderers; or
(iii)in the case of a tender by a corporation, either solely or as a member of a partnership, each of the directors and other persons concerned in the management of that corporation,
is of good repute and is, or would be if the tender were made by him
(b)that all the criteria specified in the invitation to tender have been met; and
(c)that the issue of taxi plates to the tenderer will not occasion the number of taxis of any particular class operating in a control area, or part of a control area, to exceed the prescribed number,
the Director General may accept the tender and issue the tenderer with a set of taxi number plates, sufficient for one vehicle and of an approved type, which may be used subject to any conditions imposed under section 20(
(2)Taxi plates shall not be issued without the approval of the Minister and payment in full, prior to issue, of —
(a)the amount tendered; and
(b)any charge prescribed to cover the cost of the plates.
(3)Taxi plates are not issued with reference to any particular vehicle.
19.Annual fees for taxi plates
(1)A prescribed annual fee for taxi plates is payable by plate owners at the time and in the manner prescribed.
(2)A plate owner who fails to make a payment in respect of an annual fee within 30 days of the due date for that payment, or such other date as the Director General may allow, forfeits to the Director General his
(3)The annual fee payable by a person deemed to be a plate owner by virtue of section 47(
(4)The Minister may, by order published in the Gazette, fix a day as the appointed day for the purpose of subsection (3).
(1)The Director General may impose conditions on the operation of a taxi using specified taxi plates in relation to —
(a)the area in which, and the hours during which the taxi may be operated and the hours during which the taxi must be operated;
(b)fare schedules;
(c)driver qualifications and standards;
(d)vehicle standards and inspection requirements;
(e)insurance requirements;
(f)record keeping;
(g)complaint resolution;
(h)the transfer of the taxi plates,
and such other matters as may be prescribed by regulation.
(2)A person who is —
(a)a plate owner, shall comply with, or ensure compliance with, conditions imposed under subsection (1);
(b)where the plate owner is not the operator, the operator, shall comply with, or ensure compliance with, conditions imposed under subsection (1)(
(c)where a taxi is operated using a taxi dispatch service, the provider of that taxi dispatch service, shall comply with, or ensure compliance with, conditions imposed under subsection (1)(
Penalty: $5 000.
(3)On or after the appointed day conditions may be imposed under subsection (1) on the operation of a taxi using taxi plates owned by a person who is deemed to be a plate owner by virtue of section 47(
(4)Where a plate owner is aggrieved by the imposition of a condition pursuant to subsection (3) that plate owner may, within 14 days of being notified of the imposition of that condition, appeal to a Local Court against the Director General’s decision to impose such a condition.
(5)A Local Court hearing an appeal under this section may confirm the Director General’s decision or quash that decision and substitute its own decision and may make such other order, including an order as to costs, as it thinks fit.
(6)The Minister may, by order published in the Gazette, fix a day as the appointed day for the purpose of subsection (3).
(1)A plate owner shall ensure that taxi plates owned by him
Penalty: $1 000.
(2)A person shall not use taxi plates on a vehicle, or cause taxi plates to be used on a vehicle, other than a vehicle which is being operated as a taxi in accordance with this Act.
Penalty: $5 000.
(1)If the Director General considers that any of the conditions imposed under section 20(
(2)Where a plate owner is aggrieved by a decision of the Director General under subsection (1) that person may, within 14 days of being served with the relevant notice, appeal to a Local Court against the Director General’s decision.
(3)A Local Court hearing an appeal under this section may confirm the Director General’s decision or quash that decision and substitute its own decision and may make such other order, including an order as to costs, as it thinks fit.
23.Divesting and forfeiture of taxi plates
(1)Where the Director General believes that a plate owner may no longer be fit to be an owner of taxi plates he
(2)Where a plate owner fails to satisfy the Director General in accordance with subsection (1) the Director General may serve notice on that person requiring him
(3)Where a person fails to divest himself
(4)Where the Director General requires a person to divest himself
(5)A Local Court hearing an appeal under this section may confirm the Director General’s decision or quash that decision and substitute its own decision and may make such other order, including an order as to costs, as it thinks fit.
(1)Subject to this section, with the approval of the Director General the ownership, or an interest in the ownership, of taxi plates, may be transferred on such terms, including price, as are agreed between the transferor and the transferee.
(2)An application for approval of a transfer of the ownership, or an interest in the ownership, of taxi plates, including a transfer resulting from a requirement to divest under section 23(
(a)made by the proposed transferee in the approved form; and
(b)accompanied by the prescribed fee, if any.
(3)A transfer of the ownership, or an interest in the ownership, of taxi plates, shall not be approved if the proposed transferee would thereby become the owner of more than 5 sets of taxi plates, either solely or in partnership with another person.
(4)Upon being satisfied, in respect of the proposed transferee, as would be required by section 18(
(1)A plate owner shall return taxi plates or cause them to be returned, to the Director General, within 14 days of —
(a)a failure to pay an annual fee as required by section 19; or
(b)the forfeiture of those plates under section 23.
Penalty: $5 000.
(2)Where a person fails to return taxi plates in accordance with subsection (1) an authorised officer may require that person to deliver the plates to him
Division 2 — Registration of providers of taxi dispatch services
A person shall not —
(a)provide or advertise that he
(b)co‑operat
within a control area unless that person is registered as the provider of a taxi dispatch service.
Penalty: $5 000.
27.Application for registration
An application for registration as the provider of a taxi dispatch service shall be in the approved form and shall —
(a)be made by the person intending to provide the taxi dispatch service;
(b)where the application is made by a partnership, disclose the name and address of each member of the partnership;
(c)where the application is made by a corporation, either solely or as a member of a partnership, disclose the name and address of the directors, the other persons concerned in the management of the corporation, and the shareholders of the corporation; and
(d)disclose the identity of any other person who is to have a financial interest in the taxi dispatch service.
(1)If the Director General is satisfied —
(a)that —
(i)the applicant;
(ii)in the case of a joint application, each of the applicants; or
(iii)in the case of an application by a corporation, either solely or as a member of a partnership, each of the directors and other persons concerned in the management of that corporation,
is of good repute and is, or would be if the application were made by him
(b)that the applicant is capable of providing an efficient and reliable taxi dispatch service and complying with section 29,
the Director General may register that person as the provider of a taxi dispatch service, subject to any conditions imposed under section 29(
(2)No fee is payable for registration.
(1)The Director General may impose conditions on the provider of a taxi dispatch service in relation to —
(a)fare schedules;
(b)customer service standards;
(c)administration and infrastructure standards;
(d)record keeping;
(e)complaint resolution,
and such other matters as may be prescribed by regulation.
(2)The provider of a taxi dispatch service shall comply with the conditions imposed under subsection (1).
Penalty: $5 000.
30.Cancellation of registration
(1)Where the Director General believes that the provider of a taxi dispatch service —
(a)is no longer fit to be registered as such;
(b)is no longer capable of providing an efficient and reliable taxi dispatch service;
(c)has failed in his
(d)obtained registration by fraud or misrepresentation,
the Director General may serve notice on that provider stating the reason he
(2)Where the provider of a taxi dispatch service fails to satisfy the Director General in accordance with subsection (1), the Director General may serve notice on that provider advising him
(a)of the provisions of subsection (3); and
(b)that unless an appeal is lodged under that subsection the registration of that provider will be cancelled 14 days after service of the notice.
(3)The provider of a taxi dispatch service may, within 14 days after service of a notice under subsection (2), appeal to a Local Court against the Director General’s decision to cancel his
(4)A Local Court hearing an appeal under this section may confirm the Director General’s decision or quash that decision and substitute its own decision and may make such other order, including an order as to costs, as it thinks fit.
(5)Where the provider of a taxi dispatch service does not appeal under subsection (3) the registration of that provider is cancelled 7 days after service of the notice under subsection (2).
Part 4 — General
The Director General may designate any officer of the department as an authorised officer, and may otherwise appoint as many authorised officers as he
32.Powers of authorised officers
(1)For the purpose of exercising his
(2)Where an authorised officer has reason to believe that a vehicle is being operated as a taxi he
(a)stop the vehicle;
(b)direct the driver to produce for his
(c)direct any person to alight from, or not to enter, the vehicle;
(d)require information or documentation as to the use of the vehicle from the driver or any hirer or passenger, and require any such person to state his
(e)inspect the vehicle.
(3)An authorised officer may require a plate owner, an operator or the provider of a taxi dispatch service to produce any records, books or documents relating to —
(a)the operation of a vehicle as a taxi;
(b)any bonds referred to in section 36; or
(c)the taxi dispatch service,
and may take copies of, or extracts from, anything so produced.
(4)Where an authorised officer is of the opinion that a taxi is being operated in a physical or mechanical condition or a state of repair or cleanliness which is not in accordance with conditions imposed under section 20(
(a)direct the plate owner concerned, the operator or the person providing the taxi dispatch service involved to remedy such defects as are specified in the notice and to take the taxi, or cause the taxi to be taken, within such time as is specified in the notice, to a nominated place for inspection; and
(b)prohibit the continued operation of the taxi until it has been inspected and found to be in a satisfactory condition.
(5)A person shall not operate a taxi the operation of which has been prohibited under subsection (4).
Penalty: $1 000.
(6)A plate owner, an operator or a person providing a taxi dispatch service shall not fail —
(a)to comply with a notice given; or
(b)to rectify any defect that is found during an inspection directed,
Penalty: $1 000.
(7)Where an authorised officer has reason to believe that a person is operating a vehicle as a taxi other than in accordance with this Act or the regulations or any conditions imposed under section 20(
(8)A person shall not —
(a)disobey or fail to comply with a lawful direction or requirement of; or
(b)furnish false information, or use improper or abusive language to, or wilfully hinder or obstruct, mislead, intimidate or threaten,
an authorised officer exercising the powers conferred by this Act.
Penalty: $1 000.
In any prosecution for an offence under this Act an averment in the complaint that —
(a)a person is or was the owner of a specified vehicle;
(b)a person is, or was, a plate owner;
(c)a person is, or was, registered as the provider of a taxi dispatch service; or
(d)a particular condition was imposed under section 20(
shall, in the absence of proof to the contrary, be taken as proved.
[34-35.Repealed by No. 10 of 1999 s. 9
(1)In this section, unless the contrary intention appears —
“bond” means an amount of money paid or payable by a driver to an operator as security for payment of any amount which is, or may become payable by the driver to the operator;
“operator” means a person who operates a vehicle as a taxi by causing, by leasing or otherwise, another person to drive that vehicle.
(2)Where an operator requires a driver to pay a bond that operator shall, on receipt of the bond —
(a)give to the driver —
(i)a receipt specifying the name of the driver, the amount received and the date on which it was received; and
(ii)a statement specifying the purposes for which the bond may be applied;
and
(b)deposit the bond to the credit of a trust account, whether a general account or an account maintained for that particular driver, and there retain it until it is dealt with in accordance with this section.
(3)A bond is not available for the satisfaction of any debt due to, or any claim or demand made by, a person other than the operator or the driver on whose behalf it is held and shall not be attached or taken in execution at the instance of any other person.
(4)An operator may apply a bond, or part of a bond, for the purposes specified in the statement referred to in subsection (2)(
(5)Within 14 days of the application of a bond or any part of it for any purpose the operator shall provide the driver with a statement in writing setting out the amount of money applied and the purpose for which it was applied.
Penalty: $1 000.
(6)A bank with which an operator maintains a trust account is not obliged to inquire into the application of moneys deposited to the credit of that account and is in no way liable in respect of any misapplication of those moneys and, except as regards the operation of the account, a bank has no right of recourse against money standing to the credit of an account that is designated as, or is evident as being, a trust account.
(7)Every operator shall maintain books of account of all bonds received, deposited in a trust account and dispersed or otherwise dealt with by that operator, in such a manner as to disclose the true position as regards those bonds and to enable the books to be readily and conveniently audited.
Penalty: $1 000.
(8)Within 14 days of a driver ceasing to be contracted, engaged or employed to drive a taxi operated by an operator to whom the driver paid a bond, that operator shall return the bond, or so much of the bond as has not been applied in accordance with this section, to the driver, together with interest at the prescribed rate.
Penalty: $5 000.
37.Appeals against certain decisions
(1)Where the Director General refuses to —
(a)issue taxi plates under section 18;
(b)approve the transfer of taxi plates or an interest in taxi plates under section 24; or
(c)register a person as a provider of a taxi dispatch service under section 28,
on the ground that he
(d)a tenderer;
(e)a proposed transferee; or
(f)an applicant for registration,
is fit to be the owner of taxi plates or the provider of a taxi dispatch service, he
(2)A person aggrieved by a decision of the Director General referred to in subsection (1) may, within 14 days of service of the notice under that subsection, appeal to a Local Court against that decision.
(3)A Local Court hearing an appeal under this section may confirm the Director General’s decision or quash that decision and substitute its own decision and may make such other order, including an order as to costs, as it thinks fit.
(1)An appeal to a Local Court under section 20(
(2)Unless the court otherwise orders an appeal shall be in the nature of a re‑hearing
(1)An authorised person who has reason to believe that a person has committed a prescribed offence against this Act may, within 21 days after the alleged offence is believed to have been committed, give an infringement notice to the alleged offender.
(2)An infringement notice shall be in the prescribed form and shall in every case —
(a)contain a description of the alleged offence; and
(b)advise that if the alleged offender does not wish to have a complaint of the alleged offence heard and determined by a court, the amount of money specified in the notice as being the modified penalty for the offence may be paid to the Director General within a period of 28 days after the giving of the notice.
(3)In an infringement notice the amount specified as being the modified penalty for the offence referred to in the notice shall be the amount that was the prescribed modified penalty at the time the alleged offence is believed to have been committed.
(4)The Director General may, in a particular case, extend the period of 28 days within which the modified penalty may be paid and the extension may be allowed whether or not the period of 28 days has elapsed.
(5)Where the modified penalty specified in an infringement notice has been paid within 28 days or such further time as is allowed and the notice has not been withdrawn, the bringing of proceedings and the imposition of penalties are prevented to the same extent as they would be if the alleged offender had been convicted by a court of, and punished for, the alleged offence.
(6)The Director General may, whether or not the modified penalty has been paid, withdraw an infringement notice by sending to the alleged offender a notice in the prescribed form stating that the infringement notice has been withdrawn.
(7)Where an infringement notice is withdrawn after the modified penalty has been paid, the amount shall be refunded.
(8)An amount paid as a modified penalty shall, subject to subsection (7), be dealt with as if it were a fine imposed by a court as a penalty for an offence.
(9)Payment of a modified penalty shall not be regarded as an admission for the purposes of any proceedings, whether civil or criminal.
(10)The Director General shall issue to each authorised officer a certificate stating that he
[Section 39 amended by No. 78 of 1995 s. 126.]
The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed for giving effect to the purposes of this Act
(a)prescribing parts of the State as control areas for the purposes of this Act
(b)prescribing classes of taxis by reference to restrictions on the manner in which or the purposes for which taxis of those classes may be operated;
(c)prescribing the number of any particular class of taxi plates which may be issued per 1 000 head of population in a control area or part of a control area;
(d)prescribing offences and modified penalties for the purposes of section 39;
(e)prescribing forms for the purposes of this Act
(f)relating to, and prescribing fees for the re‑issue of, taxi plates which have been lost, damaged or stolen;
(g)prescribing matters with respect to which conditions may be imposed under section 20(
(h)regulating the conduct and behaviour of taxi drivers in relation to the provision of taxi services;
(i)regulating the conduct and behaviour of passengers in taxis;
(j)prohibiting taxi drivers from refusing to accept any approved voucher or credit arrangement as payment or part‑payment of a fare;
(k)regulating the circumstances under which a driver may refuse to accept a passenger or may terminate a hiring;
(ka)providing that the hirer of a taxi who is obliged to pay for carriage in the taxi any fare that is in accordance with this Act commits an offence if, in prescribed circumstances, the hirer fails to pay the fare, and prescribing a fine of not more than $1 000 that may be imposed for the commission of the offence;
(kb)providing for —
(i)there to be added to the amount that would otherwise be payable as the modified penalty under an infringement notice given under section 39 for an offence referred to in paragraph (ka), the amount of the fare that the hirer failed to pay;
(ii)the payment to the person entitled to the fare that the hirer failed to pay, towards the discharge of that entitlement, of so much of the amount added as is recovered through payment of the modified penalty;
(l)with respect to the calculation and payment of fares and charges and the operation of fare schedules;
(m)with respect to the equipment, including meters, required to be carried on or installed in a taxi and with respect to the examination or testing of such equipment;
(n)prescribing notices, information and other material which must, and such material which must not, be carried or displayed in taxis.
[Section 40 amended by No. 44 of 1998 s. 4.]
41.
(1)An account called the “Taxi Industry Development Account” is to be established as a trust account under the Financial Administration and Audit Act 1985 section 15B.
(2)There shall be placed to the credit of the Taxi Industry Development Account —
[(a), (b)deleted]
(c)all moneys received from the sale of taxi plates under this Act;
(d)the moneys (if any) appropriated by Parliament to the account; and
[(e)deleted]
(f)income derived from moneys standing to the credit of the account and any other moneys lawfully received by, made available to, or payable to, the account.
[(3)repealed]
(4)With the approval, and at the direction of the Minister, grants may be made from moneys standing to the credit of the Taxi Industry Development Account for the purpose of funding, or partly funding, promotional, research and development projects intended and designed to benefit the taxi industry.
(5)There shall be paid from the moneys from time to time standing to the credit of the Taxi Industry Development Account —
(a)the remuneration and allowances payable to members of the Board;
(b)the funds referred to in section 13;
(c)grants made under subsection (4);
(d)the amounts payable for any taxi plates surrendered to the Minister under section 43; and
(e)repayments of, and interest payable on, any moneys borrowed under the former section 44.
[Section 41 amended by No. 49 of 1996 s. 64; No. 44 of 1998 s. 5; No. 7 of 2002 2 s. 32(1) to (6) and 35.]
[42.Repealed by No. 7 of 2002 s. 33.]
43.Surrender of certain taxi plates
(1)A person who is deemed to be a plate owner by virtue of section 47(
(2)Payments under subsection (1) shall be charged to the Taxi Industry Development Account.
[Section 43 amended by No. 49 of 1996 s. 64; No. 7 of 2002 s. 35.]
[44.Repealed by No. 7 of 2002 s. 34.]
(1)The Minister shall carry out a review of the operations of this Act
(a)the attainment of the objects of this Act
(b)the administration of this Act
(c)the effectiveness of the operation of the department in relation to this Act;
(d)the effectiveness of the operation of, and the need for the continuation of, the Board; and
(e)such other matters as appear to him
(2)The Minister shall prepare a report based on his
Part 5 — Repeal and transitional provisions
The Taxi‑car Control Act 1985 is repealed.
(1)In this section, unless the contrary intention appears “former Board” means the Taxi Control Board preserved and continued by section 6 of the repealed Act.
(2)On the commencement day, by virtue of this section
(a)the holder of a taxi‑car licence, including a private taxi‑car licence, issued under the repealed Act is deemed to be a plate owner under this Act;
(b)on payment of a premium of $10 000 the holder of a temporary taxi‑car licence issued under the repealed Act is deemed to be a plate owner under this Act;
(c)number plates issued under section 37 of the repealed Act are deemed to be taxi plates under this Act;
(d)until conditions are imposed pursuant to section 20(
(e)any moneys payable to the former Board as, or on account of, a premium under section 32 or an increase in premium under section 33(
(f)all assets of the former Board, except the Taxi Control Fund referred to in section 41(
(i)despite anything in the Stamp Act 1921, no duty is payable under that Act in respect of the passing of any of those assets; and
(ii)the Registrar of Titles, the Registrar of Deeds, the Minister administering the Land Act 1933 3, and any other person authorised by a written law to record and give effect to the registration of documents relating to transactions affecting any estate or interest in land or other property, are empowered to record and register in the appropriate manner such of those documents as are necessary to give effect to this section;
(g)all rights and liabilities of the former Board, including contingent liabilities, become rights and liabilities of the Minister;
(h)any agreement, instrument or policy of insurance to which the former Board is a party has effect as if the Minister was substituted for the former Board as a party to the agreement, instrument or policy;
(i)all proceedings commenced before the commencement day by or against the former Board are to be taken to be proceedings pending by or against the Minister;
(j)anything done or omitted to be done in relation to the assets, rights and liabilities referred to in paragraphs (f) and (g) before the commencement day by, to or in respect of the former Board (to the extent that that thing has any force or effect) is to be taken to have been done or omitted to be done by, to or in respect of the Minister; and
(k)the Minister becomes the owner of all registers, documents, books and other records (however compiled, recorded or stored) relating to the former Board and the exercise of its functions under the repealed Act, and of any tape, disc or other device or medium relating to such records.
(3)Any cancellation or suspension of a taxi‑car licence ordered or made under the repealed Act shall continue and have effect for as long as it would have done under the repealed Act and for the purposes of dealing with that licence or registration the Minister has and may exercise the powers of the former Board under the repealed Act.
(4)Subject to subsection (5) the appointment of a person who, immediately before the commencement day, held office as a member of the former Board shall terminate on the commencement day.
(5)Despite section 46, the former Board as constituted immediately before the commencement day shall continue in existence for the purpose of preparing, as soon as practicable after the commencement day, a report on its operations in respect of the period commencing on 1 July 1994 and ending on the commencement day.
(6)A report prepared under subsection (5) shall comply, with any necessary modifications, with the provisions of the Financial Administration and Audit Act 1985 regulating the financial administration, audit and reporting of statutory authorities and shall be deemed to be an annual report for the purposes of section 69 of that Act.
[Part 6 — Consequential amendments, omitted under the Reprints Act 1984 s. 7(4)(e).]
[Schedule 1 — Amendments to certain other Acts, omitted under the Reprints Act 1984 s. 7(4)(e).]
Notes
1This reprint is a compilation as at 11 October 2002 of the Taxi Act 1994 and includes the amendments made by the other written laws referred to in the following table.
2The Machinery of Government (Planning and Infrastructure) Amendment Act 2002 s. 32(7) and (8) read as follows:
“
(7)The balance of the Taxi Industry Development Fund as it was before this section came into operation is to be the opening balance of the Taxi Industry Development Account established under the Taxi Act 1994 section 41(1) as inserted by subsection (1).
(8)The amount of that opening balance is to be reflected by a closing entry in the Taxi Industry Development Fund that was, before this section came into operation, required to be maintained as a part of the Trust Fund referred to in the Financial Administration and Audit Act 1985 section 9.
”.
3Under the Land Administration Act 1997 s. 281(3) a reference in a written law to the Land Act 1933 is, unless the contrary intention appears, to be construed as if it had been amended to be a reference to the Land Administration Act 1997.
By Authority: JOHN A. STRIJK, Government Printer