Taxi Act 1994

 

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 tender12

18.Issue of taxi plates13

19.Annual fees for taxi plates14

19A.Periodic payments for leased taxi plates15

20.Conditions15

21.Use of taxi plates16

22.Variation of conditions17

23.Divesting and forfeiture of taxi plates17

23A.Forfeiture of leased taxi plates19

24.Transfer of taxi plates20

25.Return of taxi plates20

Division 2 — Registration of providers of taxi dispatch services

26.Taxi dispatch service21

27.Application for registration21

28.Registration22

29.Conditions23

30.Cancellation of registration23

Part 4 — General

31.Authorised officers25

32.Powers of authorised officers25

33.Averments27

36.Bonds held by operators27

37.Appeals against certain decisions29

39.Infringement notices30

40.Regulations31

41.Taxi Industry Development Account33

43.Surrender of certain taxi plates34

45.Review of Act35

Part 5 — Repeal and transitional provisions

46.Repeal36

47.Transitional36

Notes

Compilation table39

Provisions that have not come into operation40

 

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

1.Short title

This Act may be cited as the Taxi Act 1994 1.

2.Commencement

The provisions of this Act come into operation on such day as is, or days as are respectively, fixed by proclamation 1.

3.Interpretation

(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 means the chief executive officer of the department;

lease, in relation to taxi plates, means to acquire, by virtue of a successful application under section 16(2), the right to use the plates for a period specified by the Director General;

lessee, in relation to taxi plates, means a person who acquires, by virtue of a successful application under section 16(2), the right to use the plates for a period specified by the Director General;

operate means — 

(a)to own and drive;

(b)to be a plate holder 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 holder means the owner or lessee 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 means the account established as required by section 41(1);

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 or application 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‑operative) Act 1943; and

(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; No. 72 of 2003 s. 4 and 18.]

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

5.Directions

(1)The Minister may give directions in writing to the Director General with respect to the performance of his or her functions, either generally or in relation to a particular matter, and the Director General shall give effect to any such direction.

(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.

8.Taxi Industry Board

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.

9.Tenure of office

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.

10.Chairperson

(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.

11.Meetings

(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 or her absence the deputy chairperson, is to preside; and

(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.

13.Funding of Board

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.]

14.Functions of Board

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

15.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

(1)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.

(2)Taxi plates shall also be offered for lease, with the invitation to apply to lease taxi plates specifying —

(a)the criteria to be met by the successful applicant;

(b)the period for which the plates are offered for lease;

(c)the periodic payments that are payable to lease the plates; and

(d)the conditions to be imposed on the operation of a taxi using the plates which are being offered for lease.

(3)Taxi plates may be offered for lease under subsection (2) only if the issue of those plates under section 18 would not result in the total number of leased taxi plates issued under that section exceeding the relevant percentage of the total number of taxi plates (whether owned or leased) issued under that section.

(4)Without limiting subsection (2)(a), taxi plates may be leased by an individual only if the Director General is satisfied that the individual —

(a)will be the owner and principal driver of the vehicle operated as a taxi using the plates;

(b)subject to subsection (7), is not the owner, and has no interest in the ownership, of taxi plates; and

(c)is not the lessee of taxi plates.

(5)Without limiting subsection (2)(a), taxi plates may be leased by the members of a partnership only if the Director General is satisfied that —

(a)a member of the partnership will be the owner and principal driver of the vehicle operated as a taxi using the plates (the owner‑driver);

(b)each member of the partnership is an individual;

(c)each member of the partnership (other than the owner‑driver) is related to the owner‑driver; and

(d)subject to subsection (7), no member of the partnership —

(i)is the owner, or has an interest in the ownership, of taxi plates; or

(ii)is the lessee of taxi plates.

(6)Without limiting subsection (2)(a), taxi plates may be leased by a corporation only if the Director General is satisfied that —

(a)a director or other person concerned in the management of the corporation, or a shareholder of the corporation, will be the owner and principal driver of the vehicle operated as a taxi using the plates (the owner‑driver);

(b)each shareholder of the corporation is an individual;

(c)each director or other person concerned in the management of the corporation, and each shareholder of the corporation, is related to the owner‑driver;

(d)subject to subsection (7), the corporation —

(i)is not the owner, and has no interest in the ownership, of taxi plates; and

(ii)is not the lessee of taxi plates;

and

(e)subject to subsection (7), no director or other person concerned in the management of the corporation, or shareholder of the corporation —

(i)is the owner, or has an interest in the ownership, of taxi plates; or

(ii)is the lessee of taxi plates.

(7)Unrestricted taxi plates may be leased by an applicant who is not otherwise eligible to lease taxi plates because a person (in this subsection and section 18(1a) called the “relevant person”) is the owner, or has an interest in the ownership, of restricted taxi plates contrary to subsection (4)(b), (5)(d) or (6)(d) or (e) if the Director General is satisfied that, if the application is successful, the relevant person will divest himself or herself of the ownership, or interest in the ownership, of the restricted taxi plates before the unrestricted taxi plates are issued under section 18.

(8)If the number of applicants who meet the criteria specified under subsection (2)(a) and are eligible under subsection (4), (5) or (6) exceeds the number of taxi plates that the Director General determines to be available for lease, the successful applicants are to be selected on the basis of merit by the Director General having regard to —

(a)the extent of an applicant’s experience as a taxi driver;

(b)any conviction of an applicant of an offence under this Act or the Road Traffic Act 1974 or an Act of another State or a Territory corresponding to either of those Acts;

(c)any infringement notice given to an applicant (and not later withdrawn) under this Act or an Act of another State or a Territory corresponding to this Act; and

(d)any other matter relating to an applicant’s character or experience that is relevant to the operation of a taxi.

(9)If the operation of subsection (8) does not enable a number of applicants to be distinguished from each other for the purpose of selecting a lesser number of successful applicants, the successful applicants are to be selected from the first‑mentioned applicants by ballot.

(10)In this section —

owner, in relation to a vehicle, has the same meaning as that given in section 5(1) of the Road Traffic Act 1974;

related”, in relation to an owner‑driver, means related by virtue of being —

(a)the spouse or de facto partner of the owner‑driver;

(b)a parent or child of the owner‑driver; or

(c)a brother or sister of the owner‑driver;

relevant percentage means —

(a)20%; or

(b)if another percentage is prescribed by regulation, that other percentage;

restricted taxi plates means taxi plates used on a taxi that may operate only during specified times or within specified parts of a control area;

unrestricted taxi plates means taxi plates other than restricted taxi plates.

(11)A regulation prescribing the relevant percentage shall not come into effect until such time as the regulation is no longer capable of being disallowed pursuant to section 42 of the Interpretation Act 1984.

[Section 16 amended by No. 72 of 2003 s. 5.]

17.Form of tender

(1)A tender or application for taxi plates shall be in the approved form and shall — 

(a)where the tender or application is submitted by a partnership, disclose the name and address of each member of the partnership;

(b)where the tender or application 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)in the case of a tender, 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 or application be verified by a statutory declaration.

(3)A person shall not furnish any false or misleading information in a tender or application 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.

[Section 17 amended by No. 72 of 2003 s. 6.]

18.Issue of taxi plates

(1)If the Director General is satisfied in respect of a tender or application for taxi plates — 

(a)that — 

(i)the tenderer or applicant;

(ii)in the case of a joint tender or joint application, each of the tenderers or applicants; or

(iii)in the case of a tender or 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 tender or application were made by him or her, a fit person to be the owner or lessee of taxi plates, as the case requires;

(b)that all the criteria specified in the invitation to tender or apply have been met;

(ba)that, in the case of an application for taxi plates, the applicant is eligible under section 16(4), (5) or (6), as the case requires; and

(c)that the issue of taxi plates to the tenderer or applicant 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 or application and, subject to subsection (1a) and section 16(8), issue the tenderer or applicant 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(1).

(1a)If section 16(7) applies and without limiting subsection (2), the Director General may issue a set of taxi plates in respect of the application only if satisfied that the relevant person has divested himself or herself of the ownership, or interest in the ownership, of the restricted taxi plates.

(1b)For the purposes of subsection (1a), the applicant is to provide the Director General with any information or documents that the Director General may require, including information verified by a statutory declaration.

(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 or the first periodic payment for the lease; and

(b)any charge prescribed to cover the cost of the plates.

(3)Taxi plates are not issued with reference to any particular vehicle.

[Section 18 amended by No. 72 of 2003 s. 7.]

19.Annual fees for taxi plates

(1)A prescribed annual fee for taxi plates is payable by plate holders at the time and in the manner prescribed.

(2)If a payment in respect of an annual fee is not made within 30 days of the due date for that payment, or such other date as the Director General may allow, the right of the plate holder, or each plate holder, to those plates is forfeited to the Director General, and those plates may then be offered for sale or lease, as the case requires, in accordance with section 16.

(3)The annual fee payable by a person deemed to be a plate holder by virtue of section 47(2)(a) or (b) becomes due and payable on the appointed day.

(4)The Minister may, by order published in the Gazette, fix a day as the appointed day for the purpose of subsection (3).

[Section 19 amended by No. 72 of 2003 s. 8 and 18.]

19A.Periodic payments for leased taxi plates

(1)The periodic payments for taxi plates that are leased are payable by plate holders at the times and in the manner determined by the Director General.

(2)If a periodic payment is not made on or before the due date for that payment, or such other date as the Director General may allow, the right of the plate holder, or each plate holder, to those plates is forfeited to the Director General, and those plates may then be offered for lease in accordance with section 16.

[Section 19A inserted by No. 72 of 2003 s. 9.]

20.Conditions

(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 holder, shall comply with, or ensure compliance with, conditions imposed under subsection (1);

(b)where the plate holder is not the operator, the operator, shall comply with, or ensure compliance with, conditions imposed under subsection (1)(a), (c), (d), (e), (f) or (h); or

(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)(a), (b), (c) or (d).

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 holder by virtue of section 47(2)(a) or (b).

(4)Where a plate holder is aggrieved by the imposition of a condition pursuant to subsection (3) that plate holder may, apply to the State Administrative Tribunal for a review of the Director General’s decision to impose such a condition.

[(5)repealed]

(6)The Minister may, by order published in the Gazette, fix a day as the appointed day for the purpose of subsection (3).

[Section 20 amended by No. 72 of 2003 s. 18; No. 55 of 2004 s. 1185.]

21.Use of taxi plates

(1)A plate holder shall ensure that taxi plates owned or leased by him or her are used in the manner directed by the Director General and not otherwise.

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.

[Section 21 amended by No. 72 of 2003 s. 10 and 18.]

22.Variation of conditions

(1)If the Director General considers that any of the conditions imposed under section 20(1) should be varied, revoked or added to, he or she shall serve notice on the plate holder specifying the variation, revocation or addition and the variation, revocation or addition shall take effect 30 days after service of the notice.

(2)Where a plate holder is aggrieved by a decision of the Director General under subsection (1) that person may apply to the State Administrative Tribunal for a review of the Director General’s decision.

[(3)repealed]

[Section 22 amended by No. 72 of 2003 s. 18; No. 55 of 2004 s. 1186.]

23.Divesting and forfeiture of taxi plates

(1)Where the Director General believes that a plate holder may no longer be fit to be an owner or lessee of taxi plates he or she may serve notice on that person stating the reason he or she holds that belief and requiring that person to satisfy him or her within 30 days that that person is so fit.

(2)Where a plate holder fails to satisfy the Director General in accordance with subsection (1), the Director General may serve notice on the person —

(a)in the case of an owner of taxi plates — requiring him or her to divest himself or herself of any interest in the ownership of taxi plates within 45 days after the day of service of the notice (the divestment period); or

(b)in the case of a lessee of taxi plates — advising him or her of the effect of the relevant provisions of subsections (3) and (4).

(3)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 (2)(b) 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 (4) 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 (4);

and

(b)if he or she was the sole plate holder, the plates may then be offered for sale or lease, as the case requires, in accordance with section 16.

(4)Where the Director General serves notice on a person under subsection (2), 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 is no longer fit to be an owner or lessee, as the case requires, of taxi plates.

[(5)repealed]

[Section 23 amended by No. 72 of 2003 s. 11 and 18; No. 55 of 2004 s. 1187.]

23A.Forfeiture of leased taxi plates

(1)If this section applies to a lessee of taxi plates the lessee forfeits to the Director General the right to the plates, which may then be offered for lease in accordance with section 16.

(2)This section applies to —

(a)an individual who leases taxi plates if —

(i)the individual becomes the owner, or acquires an interest in the ownership, of taxi plates; or

(ii)the individual ceases to be the owner and principal driver of the vehicle operated as a taxi using the plates;

(b)the members of a partnership who lease taxi plates if —

(i)a member of the partnership becomes the owner, or acquires an interest in the ownership, of taxi plates; or

(ii)no member of the partnership is the owner and principal driver of the vehicle operated as a taxi using the plates;

and

(c)a corporation that leases taxi plates if —

(i)the corporation, or a director or other person concerned in the management of the corporation, or a shareholder of the corporation, becomes the owner, or acquires an interest in the ownership, of taxi plates; or

(ii)no director or other person concerned in the management of the corporation, or shareholder of the corporation, is the owner and principal driver of the vehicle operated as a taxi using the plates.

[Section 23A inserted by No. 72 of 2003 s. 12.]

24.Transfer of taxi plates

(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(2), or an order under section 23(5), shall be — 

(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) in the case of a tender for taxi plates, the Director General may approve the transfer of the ownership, or an interest in the ownership, of the taxi plates.

(5)Taxi plates that are leased are not transferable.

[Section 24 amended by No. 72 of 2003 s. 13.]

25.Return of taxi plates

(1)A plate holder shall return taxi plates or cause them to be returned, to the Director General, within 14 days of — 

(a)if a lessee of taxi plates does not make another successful application under section 16(2) before the expiry of the period for which the plates were leased — the expiry of that period;

(b)the forfeiture of the right to those plates under section 19(2), 19A(2) or 23A; or

(c)if, as a result of forfeiture under subsection (3) of section 23, those plates may be offered for sale or lease in accordance with section 16 — the forfeiture of the right to those plates under that subsection.

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 or her for return to the Director General and where a person fails to do so, or where the person cannot be found, an authorised officer may seize the plates and return them to the Director General.

[Section 25 amended by No. 72 of 2003 s. 14 and 18.]

Division 2 — Registration of providers of taxi dispatch services

26.Taxi dispatch service

A person shall not — 

(a)provide or advertise that he or she provides, or is willing to provide, a taxi dispatch service; or

(b)co‑operate, in any manner which is not approved by the Director General with another person to provide a taxi dispatch service,

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.

28.Registration

(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 or her, a fit person to be the provider of a taxi dispatch service; and

(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(1).

(2)No fee is payable for registration.

29.Conditions

(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 or her obligations under section 29(2) to such an extent that the continued registration of that provider is not in the public interest; or

(d)obtained registration by fraud or misrepresentation,

the Director General may serve notice on that provider stating the reason he or she holds that belief and requiring that provider to satisfy him or her within 30 days that the registration of that provider should not be cancelled.

(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 or her — 

(a)of the provisions of subsection (3); and

(b)that unless an application for review is made 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 the day of service of a notice under subsection (2), apply to the State Administrative Tribunal for a review of the Director General’s decision to cancel his or her registration and where he or she does so that registration is suspended from 14 days after the notice is served until the State Administrative Tribunal disposes of the matter raised in the application.

[(4)repealed]

(5)Where the provider of a taxi dispatch service does not make an application under subsection (3) the registration of that provider is cancelled 14 days after service of the notice under subsection (2).

[Section 30 amended by No. 72 of 2003 s. 15; No. 55 of 2004 s. 1188.]

Part 4  General

31.Authorised officers

The Director General may designate any officer of the department as an authorised officer, and may otherwise appoint as many authorised officers as he or she considers necessary for the purposes of this Act.

32.Powers of authorised officers

(1)For the purpose of exercising his or her powers under this section an authorised officer may enter a taxi.

(2)Where an authorised officer has reason to believe that a vehicle is being operated as a taxi he or she may — 

(a)stop the vehicle;

(b)direct the driver to produce for his or her inspection the appropriate driver’s licence issued under the Road Traffic Act 1974;

(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 or her name and address; and

(e)inspect the vehicle.

(3)An authorised officer may require a plate holder, 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(1), he or she may, by notice in writing — 

(a)direct the plate holder 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 holder, 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,

under subsection (4)(a).

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(1), he or she may require that person to answer any questions or provide any information, and to produce any records, books, documents or vehicles.

(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.

[Section 32 amended by No. 72 of 2003 s. 18.]

33.Averments

In any prosecution for an offence under this Act an averment in the charge that — 

(a)a person is or was the owner of a specified vehicle;

(b)a person is, or was, a plate holder;

(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(1) or 29(1),

shall, in the absence of proof to the contrary, be taken as proved.

[Section 33 amended by No. 72 of 2003 s. 18; No. 84 of 2004 s. 80.]

[34-35.Repealed by No. 10 of 1999 s. 9.]

36.Bonds held by operators

(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)(a)(ii) and not for any other purpose.

(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 or she is not satisfied, as required by those sections, that — 

(d)a tenderer or applicant;

(e)a proposed transferee; or

(f)an applicant for registration,

is fit to be the owner or lessee of taxi plates or the provider of a taxi dispatch service, as the case requires, he or she shall give the person notice in writing stating why he or she is not so satisfied.

(2)A person aggrieved by a decision of the Director General referred to in subsection (1) may apply to the State Administrative Tribunal for a review of that decision.

[(3)repealed]

[Section 37 amended by No. 72 of 2003 s. 16; No. 55 of 2004 s. 1189.]

[38.Repealed by No. 55 of 2004 s. 1190.]

39.Infringement notices

(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 be prosecuted for the alleged offence in 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 or she is authorised to issue infringement notices under this section and the authorised officer shall produce the certificate whenever required to do so by a person to whom he or she has given, or is about to give, an infringement notice.

[Section 39 amended by No. 78 of 1995 s. 126; No. 84 of 2004 s. 80.]

40.Regulations

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 and in particular — 

(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(1) or 29(1);

(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.Taxi Industry Development Account

(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 or lease 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;

(e)repayments of, and interest payable on, any moneys borrowed under the former section 44; and

(f)all expenditure, other than expenditure referred to in paragraphs (a), (b), (c), (d) and (e), lawfully incurred for the purposes of, or in meeting the costs and expenses of the administration of, this Act.

[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; No. 72 of 2003 s. 17.]

[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 holder by virtue of section 47(2)(a) may, if invited to do so by the Minister, surrender his or her taxi plates to the Minister and where he or she does so, the Minister shall pay to that person an amount that the Minister determines to be reasonable having regard to the premium paid by that person under the repealed Act and the market value of those taxi plates.

(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; No. 72 of 2003 s. 18.]

[44.Repealed by No. 7 of 2002 s. 34.]

45.Review of Act

(1)The Minister shall carry out a review of the operations of this Act as soon as practicable after every fifth anniversary of the commencement of this Act and in the course of such review the Minister shall consider and have regard to — 

(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 or her to be relevant.

(2)The Minister shall prepare a report based on his or her review of this Act and shall, as soon as practicable after its preparation, cause the report to be laid before each House of Parliament.

Part 5  Repeal and transitional provisions

46.Repeal

The Taxi‑car Control Act 1985 is repealed.

47.Transitional

(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 holder 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 holder 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(3), any restrictions or conditions to which a licence issued under the repealed Act was subject shall be deemed to be conditions imposed under section 20(1);

(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(4), of the repealed Act, and any fees or charges or other moneys payable to the former Board under the repealed Act and outstanding on the commencement day become payable to the Minister at the time, and in the manner, in which those moneys would have been payable to the former Board under the repealed Act;

(f)all assets of the former Board, except the Taxi Control Fund referred to in section 41(2)(a), shall become assets of the Minister without the need for any conveyance, transfer, assignment or assurance, and — 

(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.

[Section 47 amended by No. 72 of 2003 s. 18.]

[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 is a compilation of the Taxi Act 1994 and includes the amendments made by the other written laws referred to in the following table 1a. The table also contains information about any reprint.

Compilation table

Short title

Number and year

Assent

Commencement

Taxi Act 1994

83 of 1994

20 Dec 1994

Act other than Pt. 3 Div. 2: 10 Jan 1995 (see s. 2 and Gazette 10 Jan 1995 p. 73);
Pt. 3 Div. 2: 1 Apr 1995 (see s. 2 and
Gazette 31 Mar 1995 p. 1150)

Sentencing (Consequential Provisions) Act 1995 Pt. 76

78 of 1995

16 Jan 1996

4 Nov 1996 (see s. 2 and Gazette 25 Oct 1996 p. 5632)

Financial Legislation Amendment Act 1996 s. 64

49 of 1996

25 Oct 1996

25 Oct 1996 (see s. 2(1))

Taxi Amendment Act 1998

44 of 1998

19 Nov 1998

s. 5: 10 Jan 1995 (see s. 2(3) and Gazette 10 Jan 1995 p. 73);
Act other than s. 4 and 5: 19 Nov 1998 (see s. 2(1));

s. 4: 17 Dec 1998 (see s. 2(2))

Acts Amendment (Criminal Procedure) Act 1999 s. 9

10 of 1999

5 May 1999

1 Oct 1999 (see s. 2 and Gazette 17 Sep 1999 p. 4557)

Machinery of Government (Planning and Infrastructure) Amendment Act 2002 Pt. 8 2

7 of 2002

19 Jun 2002

1 Jul 2002 (see s. 2 and Gazette 28 Jun 2002 p. 3037)

Reprint of the Taxi Act 1994 as at 11 Oct 2002 (includes amendments listed above)

Taxi Amendment Act 2003

72 of 2003

15 Dec 2003

15 Dec 2003 (see s. 2)

State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Pt. 2 Div. 125 5

55 of 2004

24 Nov 2004

1 Jan 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7130)

Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 s. 80

84 of 2004

16 Dec 2004

2 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 (correction in Gazette 7 Jan 2005 p. 53))

1aOn the date as at which this compilation was prepared, provisions referred to in the following table had not come into operation and were therefore not included in this compilation. For the text of the provisions see the endnotes referred to in the table.

Provisions that have not come into operation

Short title

Number and year

Assent

Commencement

Courts Legislation Amendment and Repeal Act 2004 s. 142 4

59 of 2004

23 Nov 2004

To be proclaimed (see s. 2)

Financial Administration Legislation Amendment Act 2005 s. 44 6

5 of 2005

27 Jun 2005

To be proclaimed (see s. 2)

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.

4On the date as at which this compilation was prepared, the Courts Legislation Amendment and Repeal Act 2004 s. 142, which gives effect to Sch. 2, had not come into operation. It reads as follows:

142.Other amendments to various Acts

Each Act listed in Schedule 2 is amended as set out in that Schedule immediately below the short title of the Act.

”.

Schedule 2 cl. 49 reads as follows:

Schedule 2Other amendments to Acts

49.Taxi Act 1994

s. 20(4)

s. 22(2)

s. 23(4)

s. 30(3)

s. 37(2)

s. 38(1)

In each provision delete “a Local Court” and insert instead —

“ the Magistrates Court ”.

s. 20(5)

s. 22(3)

s. 23(5)

s. 30(4)

s. 37(3)

In each provision delete “A Local Court” and insert instead —

“ The Magistrates Court ”.

5The State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State Administrative Tribunal Act 2004 s. 167 and 169, and the State Administrative Tribunal Regulations 2004 r. 28 and 42 deal with certain transitional issues some of which may be relevant for this Act.

6On the date as at which this compilation was prepared, the Financial Administration Legislation Amendment Act 2005 s. 44, had not come into operation. It reads as follows:

44.Taxi Act 1994 amended

(1)The amendments in this section are to the Taxi Act 1994.

(2)Section 5(2) is amended by deleting “section 62” and inserting instead —

“ section 66 ”.

”.