Transport (Road Passenger Services) Amendment Regulations (No. 3) 2024 00-00-00 Xml

Western Australia

Transport (Road Passenger Services) Amendment Regulations (No. 3) 2024

Contents

Part 1 — Preliminary

1.Citation1

2.Commencement1

3.Regulations amended1

Part 2 — Amendments commencing on 2 December 2024

4.Regulation 120 amended2

5.Part 8 Division 3 Subdivision 2A inserted2

Subdivision 2A — Passenger Transport Subsidy Scheme (PTSS)

130A.Terms used2

130B.CEO may issue smartcards3

130C.CEO may pay subsidy3

130D.Person must not provide PTSS smartcard as payment or part‑payment unless PTSS passenger3

130E.Driver must not accept PTSS smartcard as payment or part‑payment from person driver knows is not PTSS passenger4

130F.Driver or provider of on‑demand booking service must not enter false or misleading information4

130G.Driver must not cause or permit another person to enter particular information4

130H.Provider of on‑demand booking service must not cause or permit another person to enter particular information5

130I.False claims for payment5

130J.Providers of on‑demand booking services to provide information about PTSS journeys5

130K.CEO may recover subsidies paid7

130L.CEO may approve guidelines7

6.Schedule 6 amended7

Part 3 — Amendments commencing on 1 March 2025

7.Regulations 130DA and 130DB inserted9

130DA.Driver must not refuse payment or part‑payment9

130DB.Certain providers must not direct driver to refuse payment or part‑payment9

8.Regulations 130HA and 130HB inserted10

130HA.Provider of on‑demand booking service must ensure vehicle fitted with PTSS electronic device that is not a mobile phone10

130HB.Driver must ensure vehicle contains PTSS electronic device11

9.Schedule 6 amended11

Part 4 — Amendment commencing on 1 October 2025

10.Regulation 122 amended12

Transport (Road Passenger Services) Act 2018

Transport (Road Passenger Services) Amendment Regulations (No. 3) 2024

Made by the deputy of the Governor in Executive Council.

Part 1 — Preliminary

1.Citation

These regulations are the Transport (Road Passenger Services) Amendment Regulations (No. 3) 2024.

2.Commencement

These regulations come into operation as follows —

(a)Part 1 — on the day on which these regulations are published on the WA legislation website;

(b)Part 2 — on 2 December 2024;

(c)Part 3 — on 1 March 2025;

(d)the rest of the regulations — on 1 October 2025.

3.Regulations amended

These regulations amend the Transport (Road Passenger Services) Regulations 2020.

Part 2 — Amendments commencing on 2 December 2024

4.Regulation 120 amended

In regulation 120(2) after “122(1))” insert:

or a PTSS smartcard (as defined in regulation 130A)

5.Part 8 Division 3 Subdivision 2A inserted

After Part 8 Division 3 Subdivision 2 insert:

Subdivision 2A — Passenger Transport Subsidy Scheme (PTSS)

130A.Terms used

In this Subdivision —

guidelines means guidelines approved and published by the CEO under regulation 130L;

PTSS electronic device means either of the following that is capable of being used to make a claim for payment of a subsidy under regulation 130C —

(a)a mobile phone;

(b)an electronic device fitted into an on‑demand rank or hail vehicle;

PTSS electronic interface means —

(a)a PTSS electronic device; or

(b)the part of the Department’s website that allows for the entry of information about PTSS journeys;

PTSS journey means a journey that —

(a)is made as part of an on‑demand passenger transport service; and

(b)transports a PTSS passenger using an on‑demand rank or hail vehicle; and

(c)is carried out substantially in accordance with the guidelines;

PTSS passenger means a person who holds a current PTSS smartcard that was issued to the person;

PTSS smartcard means an electronic card that may be used, in accordance with the guidelines, for payment or part‑payment of a Schedule 4 fare, a Schedule 5 fare or a contract fare.

130B.CEO may issue smartcards

The CEO may, in accordance with the guidelines, issue a PTSS smartcard to a person.

130C.CEO may pay subsidy

The CEO may, in accordance with the guidelines, pay a subsidy to a person in relation to the fare for a PTSS journey.

130D.Person must not provide PTSS smartcard as payment or part‑payment unless PTSS passenger

A person must not provide a driver of an on‑demand rank or hail vehicle a PTSS smartcard as payment or part‑payment of a Schedule 4 fare, a Schedule 5 fare or a contract fare unless the person is a PTSS passenger and the PTSS smartcard is held by the person.

Penalty: a fine of $9 000.

130E.Driver must not accept PTSS smartcard as payment or part‑payment from person driver knows is not PTSS passenger

A driver of an on‑demand rank or hail vehicle must not accept a PTSS smartcard from a person as payment or part‑payment of a Schedule 4 fare, a Schedule 5 fare or a contract fare if the driver knows, or ought to know, that the person is not a PTSS passenger.

Penalty: a fine of $9 000.

130F.Driver or provider of on‑demand booking service must not enter false or misleading information

A driver of an on‑demand rank or hail vehicle or the provider of an on‑demand booking service must not enter information about a PTSS journey into a PTSS electronic interface that the driver or provider knows, or ought to know, is false or misleading in a material particular.

Penalty:

(a)for an individual, a fine of $9 000;

(b)for a body corporate, a fine of $30 000.

130G.Driver must not cause or permit another person to enter particular information

A driver of an on‑demand rank or hail vehicle must not cause or permit a person, other than the following persons, to enter information about a PTSS journey into a PTSS electronic interface —

(a)the provider of an on‑demand booking service that provided an on‑demand booking service for the PTSS journey;

(b)an employee or agent of the provider.

Penalty: a fine of $9 000.

130H.Provider of on‑demand booking service must not cause or permit another person to enter particular information

A provider of an on‑demand booking service must not cause or permit a person, other than the following persons, to enter information about a PTSS journey into a PTSS electronic interface —

(a)the driver of the on‑demand rank or hail vehicle used for the journey;

(b)an employee or agent of the provider.

Penalty:

(a)for an individual, a fine of $9 000;

(b)for a body corporate, a fine of $30 000.

130I.False claims for payment

A person must not make a claim for payment of a subsidy under regulation 130C other than in relation to a PTSS journey.

Penalty:

(a)for an individual, a fine of $9 000;

(b)for a body corporate, a fine of $30 000.

130J.Providers of on‑demand booking services to provide information about PTSS journeys

(1)In this regulation —

aggregated journey data, for a provider of an on‑demand booking service, for a month, means the following information about each PTSS journey in respect of which the provider provided an on‑demand booking service in the month —

(a)the day and time at which the booking for the journey was taken or facilitated;

(b)the day of the journey and the times it began and ended;

(c)the locations where the journey began and ended;

(d)the driver’s relevant driver authorisation number;

(e)the vehicle licence number of the vehicle used in the journey;

(f)the booking reference number allocated to the journey by the provider that enables the journey to be identified;

(g)the number of passengers carried who were seated in a wheelchair (if any);

(h)the total amount of the fare for the journey;

(i)the amount of the subsidy for the fare for the journey.

(2)The provider of an on‑demand booking service must give the aggregated journey data for the provider for each month to the CEO within 7 business days after the end of the month, in a manner and form approved by the CEO.

Penalty for this subregulation:

(a)for an individual, a fine of $9 000;

(b)for a body corporate, a fine of $30 000.

(3)The CEO may, by written notice given to the provider of an on‑demand booking service, require the provider to give to the CEO, on or before a day specified in the notice, in a manner and form specified in the notice, any other information in relation to PTSS journeys in respect of which the provider provided an on‑demand booking service that is required by the CEO.

(4)The provider of an on‑demand booking service given a notice under subregulation (3) must comply with the notice.

Penalty for this subregulation:

(a)for an individual, a fine of $9 000;

(b)for a body corporate, a fine of $30 000.

130K.CEO may recover subsidies paid

(1)This regulation applies in relation to all or part of a subsidy paid under regulation 130C that should not have been paid.

(2)The CEO may recover the subsidy or part, in a court of competent jurisdiction as a debt due to the Crown, from the person to whom the subsidy or part was paid.

130L.CEO may approve guidelines

(1)The CEO may approve guidelines for the purposes of this Subdivision.

(2)The CEO must publish the approved guidelines on the Department’s website.

6.Schedule 6 amended

After Schedule 6 item 63 insert:

63A.	r. 130D	Falsely providing PTSS smartcard	$900
63B.	r. 130E	Accepting PTSS smartcard from person who is not a PTSS passenger	$1 800
63C.	r. 130F	Entering false or misleading information into PTSS electronic interface	$1 800	$6 000
63D.	r. 130G	Driver causing or permitting another person to enter particular information into PTSS electronic interface	$900
63E.	r. 130H	Provider causing or permitting another person to enter particular information into PTSS electronic interface	$900	$1 800
63F.	r. 130I	False claim for payment	$1 800	$6 000
63G.	r. 130J(2)	Failure to provide aggregated journey data	$1 200	$4 000
63H.	r. 130J(4)	Failure to comply with notice	$1 200	$4 000

Part 3 — Amendments commencing on 1 March 2025

7.Regulations 130DA and 130DB inserted

After regulation 130D insert:

130DA.Driver must not refuse payment or part‑payment

A driver of an on‑demand rank or hail vehicle must not refuse to accept a PTSS smartcard as payment or part‑payment of a Schedule 4 fare, a Schedule 5 fare or a contract fare if the payment or part‑payment is in accordance with the guidelines.

Penalty: a fine of $9 000.

130DB.Certain providers must not direct driver to refuse payment or part‑payment

The following persons must not direct a driver of an on‑demand rank or hail vehicle to refuse to accept a PTSS smartcard as payment or part‑payment of a Schedule 4 fare, a Schedule 5 fare or a contract fare if the payment or part‑payment is in accordance with the guidelines —

(a)the provider of an on‑demand booking service;

(b)the provider of an on‑demand passenger transport service;

(c)the provider of an on‑demand rank or hail vehicle.

Penalty:

(a)for an individual, a fine of $9 000;

(b)for a body corporate, a fine of $30 000.

8.Regulations 130HA and 130HB inserted

After regulation 130H insert:

130HA.Provider of on‑demand booking service must ensure vehicle fitted with PTSS electronic device that is not a mobile phone

(1)The provider of an on‑demand booking service for the use of an on‑demand rank or hail vehicle must ensure the vehicle is fitted with a PTSS electronic device that is not a mobile phone.

Penalty for this subregulation:

(a)for an individual, a fine of $9 000;

(b)for a body corporate, a fine of $30 000.

(2)The provider of the on‑demand booking service does not commit an offence under subregulation (1) if —

(a)the provider has —

(i)informed the Department, in accordance with the guidelines, that when the on‑demand rank or hail vehicle is being driven to provide an on‑demand passenger transport service it will contain a PTSS electronic device that is a mobile phone; and

(ii)informed the driver of the vehicle that the vehicle must contain a PTSS electronic device that is a mobile phone when the vehicle is being driven to provide an on‑demand passenger transport service;

(b)the provider has a reasonable excuse.

130HB.Driver must ensure vehicle contains PTSS electronic device

(1)The driver of an on‑demand rank or hail vehicle must ensure that when the vehicle is being driven to provide an on‑demand passenger transport service it contains or is fitted with a PTSS electronic device.

Penalty for this subregulation: a fine of $9 000.

(2)The driver of an on‑demand rank or hail vehicle does not commit an offence under subregulation (1) if the driver has a reasonable excuse.

9.Schedule 6 amended

(1)After Schedule 6 item 63A insert:

63AA.	r. 130DA	Refusing PTSS smartcard	$900	$1 800
63AB.	r. 130DB	Directing driver to refuse PTSS smartcard	$900	$1 800

(2)After Schedule 6 item 63E insert:

63EA.	r. 130HA	Failure to fit vehicle with PTSS electronic device that is not a mobile phone	$900	$3 000
63EB.	r. 130HB	Failure to ensure vehicle contains or is fitted with PTSS electronic device	$900

Part 4 — Amendment commencing on 1 October 2025

10.Regulation 122 amended

In regulation 122(1) in the definition of voucher after “State” insert:

(other than this State)

N. HAGLEY, Clerk of the Executive Council

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.

By Authority: GEOFF O. LAWN, Government Printer