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Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011

No. 34 of 2011

TABLE OF PROVISIONSSection Page

PART 1—PRELIMINARY 1

1 Purpose 12 Commencement 2

PART 2—INITIAL AMENDMENTS 3

Division 1—Amendment of the Transport Integration Act 2010 3

3 Definitions 34 Corporate Plans 45 Object of Director of Public Transport 46 Functions of the Director of Public Transport 47 New Division 3 of Part 5 inserted 4

Division 3—Taxi Services Commission 4

115A Definitions 4115B Taxi Services Commission 5115C Official seal 5115D Taxi Services Commission represents the Crown 6115E Object of Taxi Services Commission 6115F Function of Taxi Services Commission 7115G Powers of the Taxi Services Commission 9115H Constitution of Commission 11115I Appointment of Commissioners 11115J Acting appointment 12115K Declaration of pecuniary interests 13115L Vacancies, resignation, removal from office 14115M Validity of acts and decisions 15115N Meetings of Commission 15115O Voting at meetings of Commission 16115P Secretary and Director of Public Transport may assist

the Commission 17115Q Extra-territoriality 17115R Staff of the Commission 17115S Personal liability 17115T Delegation 18

1

Division 2—Amendment of the Transport (Compliance and Miscellaneous) Act 1983 19

8 Definitions 199 Part VI—Definitions 1910 Determinations of policy 2011 Time within which licensing authority must deal with

application 2012 Notification and reasons to be given if accreditation refused 2013 Licensing authority may vary, revoke or impose new

conditions, restrictions or other limitations 2014 Offence not to produce certificate when required 2015 Determination of taxi fares or hiring rates 2116 Transfers of licences 2117 Assignments 2118 Touting 2119 Offences relating to security cameras and privacy of

passengers 2120 Agreements in relation to images obtained from security

cameras 2221 Regulations 2222 Director's power to accredit persons 2223 Tests, qualifications and other requirements 2224 Term and renewal of accreditation 2325 Matters to be considered by the Director when issuing or

renewing an accreditation 2326 Imposition of conditions on accreditation 2427 Offence to fail to comply with conditions 2428 Disqualification by Director from ability to apply for

accreditation 2429 Certificate of accreditation 2430 Working with children check exemption notice 2531 When Director must notify that working with children check

exemption notice has ceased to have effect 2532 When working with children check exemption notice must be

returned 2533 Mandatory cancellation in certain circumstances 2534 Mandatory suspension in certain circumstances 2535 Reinstatement of driver accreditation in certain circumstances

where it has been suspended 2536 Person whose driver licence or probationary licence is

suspended or cancelled must notify the Director 2637 Powers of the Director to consider disciplinary action 2638 Notice to holder of accreditation 2639 Submissions to Director 2640 Actions Director may take after consideration 2641 Notice of Director's decision 27

42 Interim suspension of accreditation 2743 Re-instatement of accreditation 2744 Compensation for lost income during suspension 2745 Jurisdiction of VCAT as to category 1 offenders 2846 Review of decision by VCAT 2847 Offence not to notify change of address and give driver

accreditation 2848 Offence not to notify of being charged with, or found guilty

of, a disqualifying offence 2849 Offence to retain illegible certificate 2850 Offence to retain certificate if accreditation suspended or

cancelled 2851 Power of Director to determine fees 2952 Heading to Division 9 of Part VI 2953 Reference by Minister 2954 Conduct of investigation 2955 Objectives not to apply 3056 Powers relating to investigations 3057 Reports 3058 New Division 9A of Part VI inserted 30

Division 9A—Taxi Services Commission inquiry 30

Subdivision 1—Preliminary 30

191A Definitions 30

Subdivision 2—Inquiry 31

191B Matter referred for inquiry 31191C Notice of inquiry 32191D Conduct of inquiry 33191E Hearings 34

Subdivision 3—Obtaining information and documents 35

191F Requiring information and documents 35191G Offences 36191H Privilege against self-incrimination applies 37191I Duty of confidence abrogated 37191J Client legal privilege applies 37

Subdivision 4—Confidential or commercially sensitive information 38

191K Definition 38191L Restriction on disclosure or use of sensitive

information 38191M Use for performance of function or exercise of power

permitted 39

191N Disclosure for performance of function or exercise of power permitted in certain cases 39

191O Disclosure or use permitted if required by Act 41191P Disclosure or use with consent permitted 41191Q Disclosure or use in legal proceedings permitted 41191R Disclosure or use permitted if information in public

domain 42191S Disclosure to consultant permitted 42191T Disclosure in report permitted 42191U Disclosure to law enforcement agencies 42

Subdivision 5—Exempt freedom of information documents 43

191V Restriction on disclosure and use of exempt freedom of information documents 43

191W Use for performance of function permitted 43191X Disclosure to consultant permitted 43191Y Disclosure in report permitted 44

Subdivision 6—Reports 44

191Z Interim report 44191ZA Special report 44191ZB Final report 44191ZC Sensitive information in report 45191ZD Final report to be laid in Parliament and made publicly

available 45191ZE Review of Part following final report 46

59 Definitions 4660 Transport and ticket infringements 4661 Inspection of motor vehicles 4762 Powers of officers authorized by Roads Corporation 4763 Authorisation of Departmental authorised officers 4764 Authorisation of other authorised officers 4765 Application for authorisation 4766 Qualification requirements 4767 Time limits on section 221AB authorisations 4868 Scope of authorisation may be limited 4869 Conditions of authorisation 4870 Change of conditions 4871 Application for renewal of authorisation 4872 Renewal of authorisation 4873 Issue of identity cards 4874 Inquiry into conduct of authorised officer 4975 Revocation of authorisation 4976 Tribunal reviews 4977 Return of identity cards 4978 Lost, stolen or destroyed identity cards to be reported 4979 Replacement of identity cards 49

80 Application by proposed employee 5081 Power of court to require attendance at approved public

transport education program 5082 Application for accreditation 5083 Matters to be considered by Director 5084 Giving or refusal of accreditation 5085 Conditions of accreditation 5186 Change of conditions etc. 5187 Duration of accreditation 5188 Requirement to notify Director about charges, etc. 5189 Notifications 5190 Audit of certain books and records of accredited companies

for compliance purposes 5291 Application for renewal of accreditation 5292 Renewal of accreditation 5293 Nature of accreditation 5294 Director not liable for giving accreditation 5395 Supervision of accredited companies 5396 Procedure and powers 5397 Immediate power of suspension 5398 Tribunal reviews 5499 Prosecutions 54100 Definitions 54101 New Division 9 inserted in Part VIII 54

Division 9—Transitional provisions—Part 2 of the Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011 54


277 Definitions 54

Subdivision 2—Property transfers 57

278 Minister may direct transfer of DPT property etc. to Secretary 57

279 Property etc. transferred in accordance with direction 58280 Allocation of property etc. subject to encumbrances 59281 Substitution of party to agreement 60282 Former DPT instruments and agreements 60283 Proceedings 61284 Interests in land 61285 Action by Registrar of Titles 61286 Taxes 62287 Evidence 62288 Validity of things done under this Subdivision 62

Subdivision 3—Administrative and regulatory function transfers 63

289 General transitional provisions 63290 Regulatory instruments 64291 Pending applications for accreditation 65292 Variations, revocations, or imposition of new

conditions, restrictions or other limitations on accreditations 66

293 Disciplinary action taken against accredited persons 66294 Surrender of accreditations 67295 Application for commercial passenger vehicle licences 67296 Cancellation or alteration of licences 68297 Transfer of licences 68298 Assignments 69299 Substitution of vehicle where licensed vehicle

undergoing repair 69300 Substitution of licensed vehicle 70301 Cancellation of licence for vehicles 70302 Revocation or suspension of licence, permit or

certificate 70303 Application for driver accreditation 71304 Application for renewal of driver accreditation 71305 Actions Director may take in relation to holders of

driver accreditations 72306 Pending applications for authorisations 72307 Pending applications for renewal of authorisations 73308 Identity cards of authorised officers 73309 Inquiries into conduct of authorised officers 73310 Pending applications for a certificate 74311 Pending applications for accreditation 74312 Change of accreditation conditions on application of

accredited company 74313 Change of accreditation conditions on initiative of

Director 75314 Pending applications for renewal of authorisations 75315 Supervision of accredited companies 76316 Proceedings 77317 References to the Director—certain statutory

instruments 77318 Transitional regulations 77

Division 3—Consequential amendments to other Acts 78

102 Public Administration Act 2004 78103 Road Safety Act 1986 78104 Working with Children Act 2005 79

PART 3—POST-INQUIRY AMENDMENTS 80

Division 1—Amendment of the Transport Integration Act 2010 80

105 Corporate Plans 80106 Functions of the Director of Public Transport 80107 Taxi Services Commission represents the Crown 80108 Object of Taxi Services Commission 80

115E Object of Taxi Services Commission 80109 Functions of Taxi Services Commission 82

115F Functions of Taxi Services Commission 82110 Powers of the Taxi Services Commission 84111 Constitution of Commission 84112 Terms and conditions of Commissioners 84113 Acting appointment 84114 Vacancies, resignation, removal from office 85115 Section 115MA inserted 85

115MA Directions 85116 Secretary and Director of Public Transport to assist the

Commission 85117 Extra-territoriality 85118 Staff of the Commission 85119 Section 115SA inserted 86

115SA Annual report 86120 New section 115T substituted 86

115T Delegation 86121 New section 115U inserted 87

115U End of term of Inquiry Commissioners 87

Division 2—Amendment of the Transport (Compliance and Miscellaneous) Act 1983 88

122 Definitions 88123 Tests, qualifications and other requirements 88124 Division 9A of Part VI repealed 88125 New Division 10 of Part VIII inserted 89

Division 10—Transitional provisions—Part 3 of the Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011 89


319 Definitions 89

Subdivision 2—Property transfers 92

320 Minister may direct transfer of property of Secretary etc. to TSC 92

321 Property etc. transferred in accordance with direction 93322 Allocation of property etc. subject to encumbrances 94

323 Substitution of party to agreement 95324 Former Secretary instruments and agreements 95325 Proceedings 95326 Interests in land 96327 Action by Registrar of Titles 96328 Taxes 96329 Evidence 97330 Validity of things done under this Subdivision 97

Subdivision 3—Administrative and regulatory function transfers 98

331 General transitional provisions 98332 Regulatory instruments 98333 Pending applications for accreditation 100334 Variations, revocations, or imposition of new

conditions, restrictions or other limitations on accreditations 100

335 Disciplinary action taken against accredited persons 101336 Surrender of accreditations 102337 Application for commercial passenger vehicle

licences 102338 Cancellation or alteration of licences 102339 Transfer of licences 103340 Assignments 103341 Substitution of vehicle where licensed vehicle

undergoing repair 104342 Substitution of licensed vehicle 104343 Cancellation of licence for vehicles 105344 Revocation or suspension of licence, permit or

certificate 105345 Application for driver accreditation 105346 Application for renewal of driver accreditation 106347 Actions Secretary may take in relation to holders

of driver accreditations 106348 Proceedings 107349 References to the Secretary—certain statutory

instruments 107350 Transitional regulations 108

Division 3—Consequential amendments 108

126 Road Safety Act 1986 108127 Working with Children Act 2005 108

PART 4—REPEAL OF AMENDING ACT 110

128 Repeal of amending Act 110═══════════════

ENDNOTES 111

Transport Legislation Amendment (Taxi Services Reform and Other

Matters) Act 2011†

No. 34 of 2011

[Assented to 5 July 2011]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1 Purpose

The main purpose of this Act is to provide for the reform of the commercial passenger vehicle industry by amending the Transport Integration Act 2010 and the Transport (Compliance and Miscellaneous) Act 1983 to—

Victoria

1

(a) initially—

(i) establish the Taxi Services Commission; and

(ii) require the Taxi Services Commission to inquire into the structure, conduct, performance and regulation of the commercial passenger vehicle industry and report on that inquiry; and

(iii) transfer the responsibility for the regulation of commercial passenger vehicles from the Director of Public Transport to the Secretary; and

(b) after the inquiry is completed, transfer the responsibility for the regulation of commercial passenger vehicles from the Secretary to the Taxi Services Commission.

2 Commencement

(1) Subject to subsections (2) and (3), this Act comes into operation on a day or days to be proclaimed.

(2) If this Part or a provision of Part 2 does not come into operation before 1 January 2012, that Part or provision comes into operation on that day.

(3) If a provision of Part 3 or 4 does not come into operation before 1 July 2013, that provision comes into operation on that day.

__________________

Section Page

2

s. 2

PART 2—INITIAL AMENDMENTS

Division 1—Amendment of the Transport Integration Act 2010

3 Definitionss. 3

See:Act No.6/2010.Reprint No. 1as at1 September 2010and amendingAct Nos13/2009, 6/2010, 54/2010, 65/2010 and 79/2010.LawToday:www.legislation.vic.gov.au

(1) In section 3 of the Transport Integration Act 2010 insert the following definitions—

"hire car has the same meaning as in section 86(1) of the Transport (Compliance and Miscellaneous) Act 1983;

taxi-cab has the same meaning as in section 86(1) of the Transport (Compliance and Miscellaneous) Act 1983;

Taxi Services Commission means the body corporate established under section 115B;".

(2) In section 3 of the Transport Integration Act 2010, in the definition of passenger services, in paragraph (b), for "hire-car" substitute "hire car".

(3) In section 3 of the Transport Integration Act 2010, in the definition of transport body—

(a) paragraph (k) is repealed;

(b) after paragraph (r) insert—

"(ra) the Taxi Services Commission;".

Part 2—Initial Amendments


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(4) In section 3 of the Transport Integration Act 2010, in the definition of transport system, in paragraph (a)(iii), for "taxis, hire-cars" substitute "taxi-cabs, hire cars".

(5) In section 3 of the Transport Integration Act 2010, in the definition of transport system agency—

(a) in paragraph (b), after "Corporation;" insert "or";

(b) after paragraph (b) insert—

"(c) the Taxi Services Commission;".

4 Corporate Plans

In section 64(7) of the Transport Integration Act 2010, in the definition of transport body to which this section applies, in paragraph (c), after "agency" insert "(other than the Taxi Services Commission)".

5 Object of Director of Public Transport

After section 66(1) of the Transport Integration Act 2010 insert—

"(1A) To avoid doubt, the provision, operation or maintenance of the public transport system in accordance with subsection (1) does not include the provision of licensing and accreditation services for the public transport system.".

6 Functions of the Director of Public Transport

Section 67(1)(f) of the Transport Integration Act 2010 is repealed.

7 New Division 3 of Part 5 inserted

After Division 2 of Part 5 of the Transport Integration Act 2010 insert—

s. 4Part 2—Initial Amendments


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"Division 3—Taxi Services Commission

115A Definitions

In this Division—

additional Commissioner means a person appointed as an additional Commissioner under section 115I(2);

Chairperson means the person appointed as Chairperson under section 115I(1);

Commission means the Taxi Services Commission;

Commissioner means—

(a) the Chairperson; or

(b) an additional Commissioner.

115B Taxi Services Commission

(1) The Taxi Services Commission is established.

(2) The Commission—

(a) is a body corporate with perpetual succession;

(b) has an official seal;

(c) may sue and be sued;

(d) may acquire, hold and dispose of real and personal property;

(e) may do and suffer all acts and things that a body corporate may by law do and suffer.

115C Official seal

(1) The official seal of the Commission must—

(a) be kept in such custody as the Commission directs;



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(b) not be used except as authorised by the Commission.

(2) All courts must take judicial notice of the official seal of the Commission affixed to any document.

115D Taxi Services Commission represents the Crown

In performing its function and exercising its powers, the Commission represents the Crown.

115E Object of Taxi Services Commission

The object of the Commission is to, consistently with the vision statement and the transport system objectives—

(a) pursue and promote major and enduring improvements in the following things—

(i) the provision and accessibility of services in the commercial passenger vehicle industry;

(ii) competition in the commercial passenger vehicle industry;

(iii) innovation in the commercial passenger vehicle industry, including in the business structures, service delivery models, policies and procedures in the industry;

(iv) the safety of passengers and drivers of commercial passenger vehicles;



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(b) promote public confidence in the safety of the commercial passenger vehicle industry.

115F Function of Taxi Services Commission

(1) The function of the Commission is to fulfil its object by, in accordance with Division 9A of Part VI of the Transport (Compliance and Miscellaneous) Act 1983—

(a) conducting an inquiry into—

(i) the structure, conduct, performance and regulation of the commercial passenger vehicle industry; and

(ii) ancillary matters related to the provision of commercial passenger vehicle services; andExample

The provision of electronic and other payment systems for the payment of fares and charges is an ancillary matter.

(b) reporting on the outcome of the inquiry, including making recommendations about how the commercial passenger vehicle industry should be structured and regulated.

(2) In performing its function, the Commission must have regard to the desirability of—



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(a) raising the standard of customer service in the commercial passenger vehicle industry;

(b) integrating the commercial passenger vehicle industry with other forms of public transport;

(c) improving efficiency in the commercial passenger vehicle industry;

(d) providing education and training to drivers of commercial passenger vehicles;

(e) ensuring that the commercial passenger vehicle industry is regulated under a performance-based regulatory framework;

(f) improving the financial viability of the commercial passenger vehicle industry;

(g) alternative regulatory frameworks and the potential costs (including externalities) and benefits of those frameworks;

(h) any regulatory framework that is recommended being consistent with relevant health, safety, environmental and social requirements applying to the commercial passenger vehicle industry;

(i) achieving consistency in the regulation of the commercial passenger vehicle industry between States and on a national basis;

(j) reducing obstacles that prevent people from using commercial passenger vehicle services;



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(k) improving the quality of commercial passenger vehicle services at State borders;

(l) promoting environmentally sustainable practices in the commercial passenger vehicle industry.

115G Powers of the Taxi Services Commission

(1) The Commission has power to do all things that are necessary or convenient to be done for or in connection with, or as incidental to, the achievement of the object of the Commission and the performance of its function.

(2) Without limiting the generality of subsection (1), the Commission may—

(a) enter into any agreement or contract;

(b) enter into any lease or licence;

(c) participate in the formation of a corporation, trust, partnership or other body;

(d) subscribe for or otherwise acquire, and hold and dispose of, shares in, or debentures or other securities of, a corporation;

(e) become a member of a company limited by guarantee;

(f) subscribe for or otherwise acquire, and hold and dispose of, units in a trust;

(g) acquire, and hold and dispose of, an interest in a partnership or other body;



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(h) enter into partnership or into any arrangement for sharing of profits, union of interest, co-operation, joint venture, reciprocal concession or otherwise, with any person or body carrying on or engaged in, or about to carry on or engage in, any business or transaction relating to, or connected with, the function of the Commission;

(i) make any land or other property vested or managed by the Commission or any person employed by the Commission available for use or engagement by any other person;

(j) acquire (whether by creation, lease, licence, receiving the assignment or grant of, or otherwise), hold, accept as a security, or otherwise deal with, any intellectual property right (for example, a trademark, patent, design, copyright (including an associated moral right), plant breeder's right, circuit layout right, trade secret, or right arising from confidential information);

(k) assign, grant, lease, license, sell, mortgage, use as a security, or otherwise encumber or dispose of, any intellectual property right;

(l) seek any remedy in relation to, or do anything necessary to enforce, protect, maintain, register or exploit, any intellectual property right;

(m) seek any remedy in relation to, or do anything necessary to enforce, protect, maintain or exploit any Crown copyright;



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(n) engage consultants, contractors or agents;

(o) act as an agent of another person.

(3) Without limiting the generality of subsection (1), the Commission may exercise the powers conferred on the Commission by any other Act or regulations made under any other Act.

(4) The generality of this section is not limited by any other provision of this Act or any other Act which confers a power on the Commission.

115H Constitution of Commission

(1) The Commission consists of—

(a) the Chairperson; and

(b) such number of additional Commissioners as the Minister considers necessary to enable the Commission to perform its function (if any).

(2) The number of additional Commissioners must not exceed 2.

115I Appointment of Commissioners

(1) The Minister may appoint a qualified person as Chairperson on a full-time or part-time basis.

(2) The Minister may appoint a qualified person as an additional Commissioner on a full-time or part-time basis.

(3) A Commissioner is appointed on the terms and conditions (including remuneration and allowances) that are specified in the instrument of appointment.



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(4) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a Commissioner in respect of his or her office as Commissioner.

(5) In this section—

qualified person means a person who is qualified for appointment as Chairperson or as an additional Commissioner (as the case requires) because of his or her knowledge of, or experience in, one or more fields of industry, commerce, economics, the transport sector, law or public administration.

Note

The Commissioners cease to hold office on the day on which section 121 of the Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011 comes into operation.

115J Acting appointment

(1) The Minister may appoint a qualified person to act in the office of Chairperson—

(a) during a vacancy in that office; or

(b) during a period or during all periods when the person holding that office is absent from duty or is, for any reason, unable to perform the duties of that office.

(2) The Minister may specify in the instrument of appointment that the appointment has effect only in certain circumstances.

(3) An appointment under subsection (1) is for the period, not exceeding 6 months, that is specified in the instrument of appointment.



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(4) While a person is acting in the office of Chairperson in accordance with this section, the person—

(a) has, and may exercise, all the powers and must perform all the duties of that office under this Act or any other Act; and

(b) is entitled to be paid the remuneration and allowances that are specified in the instrument of appointment.

(5) If the office of Chairperson becomes vacant while a person is acting in the office of Chairperson in accordance with subsection (1)(b), the person must stop acting in that office on the earliest of the following days—

(a) the day on which the Minister directs the person to stop acting in the office;

(b) the day on which the vacancy is filled;

(c) the day 6 months after the day on which the vacancy occurred.


qualified person means a person who is qualified for appointment as acting Chairperson because of his or her knowledge of, or experience in, one or more fields of industry, commerce, economics, the transport sector, law or public administration.

Note

An appointment made under this section which is still in force on the day on which section 121 of the Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011 comes into operation is terminated on that day.

115K Declaration of pecuniary interests



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(1) This section applies if a Commissioner has a pecuniary interest that is—

(a) an interest in a matter that is the subject of the inquiry referred to in section 115F(1); and

(b) not as a result of the supply of goods or services that are available to members of the public on the same terms and conditions.

(2) The Commissioner must declare the pecuniary interest to the Minister immediately after the Commissioner becomes aware of the interest.

(3) A failure to comply with this section does not affect the validity of any act or decision of the Commission or a Commissioner.

115L Vacancies, resignation, removal from office

(1) The office of a Commissioner becomes vacant if the Commissioner—

(a) becomes an insolvent under administration; or

(b) is convicted of an indictable offence (or an offence that, if committed in Victoria, would be an indictable offence); or

(c) nominates for election as a member of the Parliament of any jurisdiction.

(2) A Commissioner may resign by notice in writing delivered to the Minister.

(3) The Minister may at any time remove a Commissioner or an acting Chairperson from office.

s. 7s. 7Part 2—Initial Amendments


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(4) Without limiting subsection (3), the Minister may remove a Commissioner if the Minister considers that the Commissioner—

(a) is guilty of improper conduct in carrying out the duties of his or her office; or

(b) becomes mentally or physically incapable of satisfactorily carrying out the duties of his or her office; or

(c) has a pecuniary interest to which section 115K applies (whether or not the Commissioner has declared the interest in accordance with that section).

Note

The Commissioners cease to hold office on the day on which section 121 of the Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011 comes into operation.

115M Validity of acts and decisions

(1) An act or decision of the Commission is not invalid merely because of—

(a) a defect or irregularity in, or in connection with, the appointment of a member; or

(b) a vacancy in the membership of the Commission.

(2) Anything done by or in relation to a member purporting to act as Chairperson is not invalid merely because—

(a) there was a defect or irregularity in relation to the acting appointment; or

(b) the occasion for the person to act had not arisen or had ceased.



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115N Meetings of Commission

(1) The Chairperson must convene as many meetings of the Commission as he or she considers is necessary for the efficient conduct of its affairs.

(2) The Chairperson must preside at a meeting of the Commission.

(3) The quorum for a meeting of the Commission is—

(a) a majority of the Commissioners in office for the time being; or

(b) if the Commission consists of the Chairperson and one additional Commissioner—both the Chairperson and the additional Commissioner.

(4) The Chairperson must ensure that accurate minutes are kept of a meeting.

(5) The Chairperson may permit Commissioners to participate in a particular meeting, or all meetings, by telephone, closed-circuit television or other means of communication that does not require the physical presence of each Commissioner in the same room.

(6) Subject to this Act, the Commission may regulate its own procedure.

(7) This section does not apply if the Commission consists only of the Chairperson.

115O Voting at meetings of Commission

(1) A question arising at a meeting of the Commission is determined by a majority of



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the votes of the Commissioners present and voting on the question.

(2) The Chairperson has—

(a) a deliberative vote; and

(b) in the event of an equality of votes on any question, a second or casting vote.

115P Secretary and Director of Public Transport may assist the Commission

The Secretary and the Director of Public Transport may, if requested to by the Commission, give the Commission such reasonable assistance as is necessary to assist the Commission in carrying out its function.

115Q Extra-territoriality

The Commission may also perform its function and exercise its powers outside Victoria and outside Australia.

115R Staff of the Commission

(1) Any employees that are necessary to enable the Commission to perform its function may be employed under Part 3 of the Public Administration Act 2004.

(2) The Commission may enter into agreements or arrangements for the use of the services of any staff of a Department, statutory authority or other public body.

(3) The staff structure of the Commission must be determined by the Chairperson having regard to the Commission's budget.



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115S Personal liability

(1) A Commissioner or any employee is not personally liable for anything done or omitted to be done in good faith—

(a) in the exercise of a power or the performance of a function under, or in connection with, this Act, the regulations, any other Act or regulations made under any other Act; or

(b) in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function under, or in connection with, this Act, the regulations, any other Act or regulations made under any other Act.

(2) Any liability resulting from an act or omission that would but for subsection (1) attach to a person referred to in that subsection attaches instead to the Commission.

115T Delegation

(1) Subject to subsection (3), the Commission by instrument may delegate any power, duty or function of the Commission under any Act or regulations to—

(a) a Commissioner; or

(b) a person engaged to work for the Commission.

(2) A delegation under this section may be made—

(a) in relation to a person or class of persons specified in the instrument of delegation; or



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(b) in relation to the holder, or the holder from time to time, of an office specified, or of each office in a class of offices specified, in the instrument of delegation.

(3) The Commission must not delegate—

(a) the power of delegation provided by subsection (1); or

(b) the preparation of a report in accordance with the Transport (Compliance and Miscellaneous) Act 1983.".

Division 2—Amendment of the Transport (Compliance and Miscellaneous) Act 1983

8 Definitionss. 8

See:Act No.9921.Reprint No. 15as at1 July 2010and amendingAct Nos93/2009, 16/2010, 19/2010, 45/2010, 52/2010, 65/2010 and 75/2010.LawToday:www.legislation.vic.gov.au

In section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983, in the definition of licensing authority, for "Director" substitute "Secretary".



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9 Part VI—Definitions

(1) In section 86(1) of the Transport (Compliance and Miscellaneous) Act 1983, the definition of Commission is repealed.

(2) In section 86(1) of the Transport (Compliance and Miscellaneous) Act 1983 insert the following definition—

"ESC means the Essential Services Commission established under the Essential Services Commission Act 2001;".

10 Determinations of policy

After section 89(2)(b) of the Transport (Compliance and Miscellaneous) Act 1983 insert—

"(ba) the licensing authority; and".

11 Time within which licensing authority must deal with application

(1) In section 132A(2) of the Transport (Compliance and Miscellaneous) Act 1983, for "he or she" substitute "the licensing authority".

(2) In section 132A(3) of the Transport (Compliance and Miscellaneous) Act 1983—

(a) for "he or she" substitute "the licensing authority";

(b) for "his or her" substitute "the".



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12 Notification and reasons to be given if accreditation refused

In section 132G(2)(b) of the Transport (Compliance and Miscellaneous) Act 1983, for "his or her" substitute "the".

13 Licensing authority may vary, revoke or impose new conditions, restrictions or other limitations

In section 133A(1) of the Transport (Compliance and Miscellaneous) Act 1983, for "his or her" substitute "the licensing authority's".

14 Offence not to produce certificate when required

In section 134A(1) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".

15 Determination of taxi fares or hiring rates

(1) In section 144A(2)(a) of the Transport (Compliance and Miscellaneous) Act 1983—

(a) for "Commission" substitute "ESC";

(b) for "Commission's" substitute "ESC's".

(2) In section 144A(2)(b) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".

16 Transfers of licences

In section 149(3A)(a)(i) and (ii) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".

17 Assignments



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In section 150(2A)(a)(i) and (ii) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".

18 Touting

In section 158A(5) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".

19 Offences relating to security cameras and privacy of passengers

(1) In section 158B(1)(b)(i), (2)(c) and (3)(a) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".

(2) In section 158B(3) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director's" substitute "Secretary's".

20 Agreements in relation to images obtained from security cameras

(1) In section 158C(1) and (3) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".

(2) In section 158C(4) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (wherever occurring) substitute "Secretary".

21 Regulations

(1) In section 162(1)(mc) and (md) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (where twice occurring) substitute "licensing authority".



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(2) In section 162(1)(me) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".

22 Director's power to accredit persons

(1) In the heading to section 166 of the Transport (Compliance and Miscellaneous) Act 1983, for "Director's" substitute "Licensing authority's".

(2) In section 166(1) and (2) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".

(3) In section 166(3) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (wherever occurring) substitute "licensing authority".

23 Tests, qualifications and other requirements

(1) In section 167(1) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (where twice occurring) substitute "licensing authority".

(2) In section 167(1A), (1B), (1C), (1D) and (1E) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".


24 Term and renewal of accreditation

(1) In section 168(2) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".

(2) In section 168(3) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director"



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(wherever occurring) substitute "licensing authority".

(3) In section 168(4) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (where twice occurring) substitute "licensing authority".

25 Matters to be considered by the Director when issuing or renewing an accreditation

(1) In section 169(1), (4) and (6) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (where twice occurring) substitute "licensing authority".

(2) In section 169(1A), (5) and (7) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".

(3) In section 169(1B), (2) and (3) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (wherever occurring) substitute "licensing authority".

26 Imposition of conditions on accreditation

(1) In section 169A(1), (2), (2A) and (3) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".

(2) In section 169A(4) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (where twice occurring) substitute "licensing authority".

27 Offence to fail to comply with conditions

In section 169B of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".



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28 Disqualification by Director from ability to apply for accreditation

(1) In the heading to section 169C of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".

(2) In section 169C(1) and (1A) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (wherever occurring) substitute "licensing authority".

(3) In section 169C(2) and (4) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".

(4) In section 169C(3) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (where twice occurring) substitute "licensing authority".

29 Certificate of accreditation

In section 169D of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (where twice occurring) substitute "licensing authority".

30 Working with children check exemption notice

In section 169DA(1) and (3) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".

31 When Director must notify that working with children check exemption notice has ceased to have effect

(1) In the heading to section 169DB of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".

(2) In section 169DB(2) of the Transport (Compliance and Miscellaneous) Act 1983, for



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"Director" (where twice occurring) substitute "licensing authority".

32 When working with children check exemption notice must be returned

In section 169DC of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".

33 Mandatory cancellation in certain circumstances

In section 169E(1) and (2) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".

34 Mandatory suspension in certain circumstances

In section 169EA(2) and (3) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".

35 Reinstatement of driver accreditation in certain circumstances where it has been suspended

In section 169EB of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (wherever occurring) substitute "licensing authority".

36 Person whose driver licence or probationary licence is suspended or cancelled must notify the Director

(1) In the heading to section 169EC of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".

(2) In section 169EC(a) and (b) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".

37 Powers of the Director to consider disciplinary action



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(1) In the heading to section 169F of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".

(2) In section 169F of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (where twice occurring) substitute "licensing authority".

38 Notice to holder of accreditation

In section 169G of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (where twice occurring) substitute "licensing authority".

39 Submissions to Director

(1) In the heading to section 169H of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".

(2) In section 169H(1) and (2) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (wherever occurring) substitute "licensing authority".

40 Actions Director may take after consideration

(1) In the heading to section 169I of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".

(2) In section 169I(1) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (wherever occurring) substitute "licensing authority".

(3) In section 169I(2) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".

41 Notice of Director's decision



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(1) In the heading to section 169J of the Transport (Compliance and Miscellaneous) Act 1983, for "Director's" substitute "licensing authority's".

(2) In section 169J of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".

42 Interim suspension of accreditation

(1) In section 169K(1) and (5) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (where twice occurring) substitute "licensing authority".

(2) In section 169K(2), (3) and (6)(b) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".

43 Re-instatement of accreditation

In section 169L of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (where twice occurring) substitute "licensing authority".

44 Compensation for lost income during suspension

In section 169M(1), (2)(b), (2)(c), (3) and (4) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".

45 Jurisdiction of VCAT as to category 1 offenders

In section 169N(1), (2), (5) and (7) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".

46 Review of decision by VCAT

s. 41s. 45Part 2—Initial Amendments


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(1) In section 169O(1)(a), (1)(b), (1)(c), (1)(d) and (2) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".

(2) In section 169O(1)(e) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (where twice occurring) substitute "licensing authority".

47 Offence not to notify change of address and give driver accreditation

In section 169R(a) and (b) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".

48 Offence not to notify of being charged with, or found guilty of, a disqualifying offence

In section 169T(1) and (2) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".

49 Offence to retain illegible certificate

In section 169U of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".

50 Offence to retain certificate if accreditation suspended or cancelled

In section 169V of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".

51 Power of Director to determine fees

In section 169Y(1), (2) and (4) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".

52 Heading to Division 9 of Part VI



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In the heading to Division 9 of Part VI of the Transport (Compliance and Miscellaneous) Act 1983, for "Commission" substitute "ESC".

53 Reference by Minister

(1) In section 186(1) of the Transport (Compliance and Miscellaneous) Act 1983, for "Commission" (where twice occurring) substitute "ESC".

(2) In section 186(2) and (6) of the Transport (Compliance and Miscellaneous) Act 1983, for "Commission" substitute "ESC".

(3) In section 186(4) and (5) of the Transport (Compliance and Miscellaneous) Act 1983, for "Commission" (wherever occurring) substitute "ESC".

54 Conduct of investigation

(1) In section 187(1) and (2) of the Transport (Compliance and Miscellaneous) Act 1983, for "Commission" (where twice occurring) substitute "ESC".

(2) In section 187(3) and (5) of the Transport (Compliance and Miscellaneous) Act 1983, for "Commission" substitute "ESC".

(3) In section 187(4) of the Transport (Compliance and Miscellaneous) Act 1983, for "Commission" (wherever occurring) substitute "ESC".

55 Objectives not to apply

In section 188 of the Transport (Compliance and Miscellaneous) Act 1983, for "the Commission" (where twice occurring) substitute "the ESC".



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56 Powers relating to investigations


(2) In section 189(2), (3), (5), (6) and (7) of the Transport (Compliance and Miscellaneous) Act 1983, for "Commission" substitute "ESC".

57 Reports

(1) In section 190(1), (3), (4) and (7) of the Transport (Compliance and Miscellaneous) Act 1983, for "Commission" substitute "ESC".


58 New Division 9A of Part VI inserted

After Division 9 of Part VI of the Transport (Compliance and Miscellaneous) Act 1983 insert—

"Division 9A—Taxi Services Commission inquiry

Subdivision 1—Preliminary

191A Definitions

In this Division—

Commission means the Taxi Services Commission within the meaning of the Transport Integration Act 2010;

FOI exempt document means a document that—

(a) was given to the Commission (whether under Subdivision 3 or otherwise) by an agency (as defined in the Freedom of



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Information Act 1982) or a Minister; and

(b) is an exempt document under the Freedom of Information Act 1982 in the hands of the agency or Minister.

Subdivision 2—Inquiry

191B Matter referred for inquiry

(1) On being given written notice by the Minister, the Commission must conduct an inquiry into—

(a) the structure, conduct, performance and regulation of the commercial passenger vehicle industry; and

(b) ancillary matters related to the provision of commercial passenger vehicle services.Example

The provision of electronic and other payment systems for the payment of fares and charges is an ancillary matter.

(2) The Minister must specify the terms of reference for the inquiry in the notice.

(3) The Minister may, in the notice—

(a) specify a period within which the Commission must submit the final report to the Minister;

(b) specify—

(i) whether one or more interim reports are required; and



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(ii) the matter, contained in the terms of reference, that a particular interim report must concern; and

(iii) the period within which the Commission must submit a particular interim report to the Minister;

(c) require the Commission to make a draft report publicly available or available to specified persons or bodies (including the Minister) during the inquiry;

(d) require the Commission to consider specified matters;

(e) give the Commission specific directions in respect of the conduct of the inquiry.

(4) The Minister may amend the terms of reference or extend the period within which a report is to be submitted to the Minister.

191C Notice of inquiry

(1) The Commission must publish notice of the inquiry—

(a) in the Government Gazette; and

(b) in a daily newspaper; and

(c) on the Internet.

(2) The notice must specify—

(a) the period during which the inquiry is to be held;

(b) the period within which, and the form in which, members of the public may make submissions, including details of public hearings;



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(c) the matters that the Commission would like submissions to deal with.

(3) The notice must contain the contents of the notice given under section 191B.

(4) The Commission may specify in the notice that if a submission is not received within the period specified under subsection (2)(b), the Commission may decide not to consider the submission.

(5) The Commission must publish a further notice if the Minister amends the terms of reference or extends the period within which a report is to be submitted to the Minister.

(6) The Commission must send a copy of any notice published under this section to any person that the Commission considers should be notified.

191D Conduct of inquiry

(1) Before commencing the inquiry, the Commission must consult with the following persons—

(a) the Minister;

(b) the Secretary;

(c) the Director;

(d) the Secretary to the Department of Treasury and Finance;

(e) any other person with whom the Commission considers it is appropriate to consult.

(2) Subject to this Act, the Commission may conduct the inquiry in such a manner as the Commission considers appropriate, having regard to the outcome of any consultation under subsection (1).



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(3) In conducting the inquiry, the Commission is not bound by rules or practice as to evidence but may inform itself in relation to any matter in such manner as the Commission considers appropriate.

(4) The Commission may receive written submissions or statements.

(5) In conducting the inquiry the Commission—

(a) must consult with any person that it considers appropriate;

(b) must hold public seminars and conduct workshops;

(c) may establish working groups and task forces.

191E Hearings

(1) In conducting the inquiry the Commission may hold one or more hearings.

(2) The Commission may hold a hearing or a part of a hearing in private if it is satisfied that—

(a) it would be in the public interest; or

(b) the evidence is or may be of a confidential or commercially sensitive nature.

(3) The Commission may determine whether a person may appear before the Commission at a hearing.

(4) The Commission may determine whether a person may represent another person at a hearing.

Subdivision 3—Obtaining information and documents



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191F Requiring information and documents

(1) The Commission may require a person to provide information or a document to the Commission if the Commission believes on reasonable grounds that—

(a) the information or document is relevant to the inquiry; and

(b) the person has the information or document.

(2) The Commission may require the person to appear before the Commission to provide the information or document.

(3) A requirement must be made by giving the person a written notice specifying the following—

(a) the information or document required;

(b) the period within which the person must comply with the requirement;

(c) the form in which the person must give the information or document to the Commission;

(d) if the person is required to provide a document—whether the person must provide the original document;

(e) whether or not the person is required to appear before the Commission;

(f) that the requirement is made under this section.

(4) A person required by the Commission to provide a document may produce a copy of the document unless the notice specifies that the original document is required.



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(5) The notice must include a copy of this Subdivision and Subdivisions 4 and 5.

(6) A person is not liable in any way for any loss, damage or injury suffered by another person because of the giving in good faith of any information or a document to the Commission under this section.

(7) To avoid doubt, in this section a person includes the Secretary of a Department (within the meaning of the Public Administration Act 2004).

191G Offences

(1) A person must comply with a requirement in a notice given to the person under section 191F unless he or she has a lawful excuse.

Penalty: 120 penalty units.

(2) A person must not, in purported compliance with a requirement made under section 191F, give the Commission information that the person knows is false or misleading in a material particular.

Penalty: 120 penalty units or imprisonment for 6 months.

(3) A person must not—

(a) threaten, intimidate or coerce another person; or



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(b) take, threaten to take, incite or be involved in any action that causes another person to suffer any loss, injury or disadvantage—

because that other person complied, or intends to comply, with a requirement made under section 191F.

Penalty: 120 penalty units.

191H Privilege against self-incrimination applies

It is a lawful excuse for a person to refuse to provide information or documents in compliance with a requirement under section 191F if to do so would tend to incriminate the person or make the person liable to a penalty.

191I Duty of confidence abrogated

It is not a lawful excuse for a person to refuse to provide information or documents in compliance with a requirement under section 191F if to do so would constitute a breach of a duty of confidence (whether arising by contract, in equity or by custom).

191J Client legal privilege applies

It is a lawful excuse for a person to refuse to provide information or documents in compliance with a requirement under section 191F if the information or documents are the subject of legal professional privilege or client legal privilege.

Subdivision 4—Confidential or commercially sensitive information

191K Definition

In this Subdivision—



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sensitive information means information—

(a) that is obtained by or on behalf of the Commission in the performance of a function or exercise of a power under, or in connection with, this Act or the Transport Integration Act 2010 or given to the Commission; and

(b) that is—

(i) of a confidential or commercially sensitive nature; or

(ii) stated to be of a confidential or commercially sensitive nature at the time that it is given to the Commission; and

(c) whether obtained or given—

(i) under Subdivision 3 or otherwise; and

(ii) in a document or otherwise.

191L Restriction on disclosure or use of sensitive information

The Commission must not disclose or use sensitive information other than in accordance with this Subdivision.

191M Use for performance of function or exercise of power permitted

The Commission may use sensitive information in the performance of a function or exercise of a power under, or in



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connection with, this Act or the Transport Integration Act 2010.

191N Disclosure for performance of function or exercise of power permitted in certain cases

(1) The Commission may disclose sensitive information in the performance of a function or exercise of a power under, or in connection with, this Act or the Transport Integration Act 2010 if the Commission has—

(a) invited submissions, and considered any made, in accordance with subsection (2); and

(b) formed an opinion referred to in subsection (3); and

(c) given notice in accordance with subsection (4).

(2) For the purposes of subsection (1)(a) the Commission must—

(a) give the person from whom the Commission obtained or who has given the sensitive information (the provider) an opportunity to make a submission to the Commission specifying—

(i) why the information is of a confidential or commercially sensitive nature; and

(ii) the detriment that would be caused by the disclosure of the information; and

(b) give the same opportunity to each person—



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(i) who the Commission knows gave the information to the provider; and

(ii) whose identity and address is known to the Commission; and

(c) consider any submission made.

(3) For the purposes of subsection (1)(b) the Commission must form an opinion that—

(a) the disclosure would not cause detriment to—

(i) the provider; and

(ii) any other person who the Commission knows gave the information to the provider; or

(b) although the disclosure would cause detriment to a person referred to in paragraph (a), the public benefit in disclosing the information outweighs that detriment.

(4) For the purposes of subsection (1)(c) the Commission must give written notice to—

(a) the provider; and

(b) each person—

(i) who the Commission knows gave the information to the provider; and

(ii) whose identity and address is known to the Commission.

(5) The notice must—

(a) state that the Commission wishes to disclose the sensitive information; and



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(b) specify the nature of the intended disclosure; and

(c) set out detailed reasons why the Commission wishes to make the disclosure; and

(d) state the opinion that the Commission has formed in relation to the recipient of the notice under subsection (3); and

(e) set out detailed reasons why the Commission has formed that opinion; and

(f) include a copy of this Subdivision.

191O Disclosure or use permitted if required by Act

The Commission may disclose or use sensitive information if that disclosure or use is expressly required by or under a provision of any Act.

191P Disclosure or use with consent permitted

The Commission may disclose or use sensitive information with the consent of the person who gave the information.

191Q Disclosure or use in legal proceedings permitted

The Commission may disclose or use sensitive information in legal proceedings at the direction of a court or tribunal.

191R Disclosure or use permitted if information in public domain

The Commission may disclose or use sensitive information if the information is in



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the public domain at the time it is disclosed or used.

191S Disclosure to consultant permitted

The Commission may disclose sensitive information to a consultant engaged by the Commission for use by the consultant for the purpose of the inquiry.

191T Disclosure in report permitted

Subject to section 191ZC, the Commission may disclose sensitive information to the Minister in a report prepared under this Division.

Note

Section 191ZC provides that the Commission must prepare the report in a particular way if the report contains sensitive information.

191U Disclosure to law enforcement agencies

(1) This section applies if the Commission considers that sensitive information indicates that a person has—

(a) contravened a provision of this Act; or

(b) abused his or her office; or

(c) acted corruptly; or

(d) committed an indictable offence.

(2) The Commission may disclose the information for the purpose of the investigation or prosecution of an offence to—

(a) the Chief Commissioner of Police; or

(b) the Secretary; or



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(c) the Secretary to the Department of Justice; or

(d) the Roads Corporation; or

(e) an authorised officer (within the meaning of section 208) employed under Part 3 of the Public Administration Act 2004.

Subdivision 5—Exempt freedom of information documents

191V Restriction on disclosure and use of exempt freedom of information documents

The Commission must not disclose or use information from an FOI exempt document other than in accordance with this Subdivision.

191W Use for performance of function permitted

The Commission may use information from an FOI exempt document in the performance of a function or exercise of a power under, or in connection with, this Act or the Transport Integration Act 2010.

191X Disclosure to consultant permitted

The Commission may disclose information from an FOI exempt document to a consultant engaged by the Commission for use by the consultant for the purpose of the inquiry.

191Y Disclosure in report permitted



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Subject to section 191ZC, the Commission may disclose information from an FOI exempt document to the Minister in a report prepared under this Division.

Note

Section 191ZC provides that the Commission must prepare the report in a particular way if the report contains information from an FOI exempt document.

Subdivision 6—Reports

191Z Interim report

(1) This section applies if the Minister specifies in the notice for the inquiry that an interim report is required in accordance with section 191B(3)(b).

(2) The Commission must submit a copy of the interim report to the Minister within the period specified in the notice for the inquiry.

191ZA Special report

(1) This section applies if the Commission considers that it should report to the Minister on a matter other than a matter on which it has reported or will report in an interim report or the final report.

(2) The Commission may submit to the Minister a copy of a special report dealing with the matter.

191ZB Final report

(1) The Commission must submit a copy of its final report on the inquiry to the Minister within the period specified in the notice for the inquiry under section 191B(3)(a) (if any).

(2) The Commission may include a matter in its final report, despite that matter not being



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contained in the terms of reference, if the Commission considers that the matter is a matter on which the Commission should report to the Minister.

191ZC Sensitive information in report

(1) This section applies if the Commission forms the opinion that an interim report, a special report or the final report will contain—

(a) sensitive information (within the meaning of Subdivision 4); or

(b) information from FOI exempt documents.

(2) Before the Commission submits a copy of the report to the Minister, the Commission must divide the report into—

(a) a document containing—

(i) sensitive information (other than sensitive information that the Commission may disclose under section 191N); and

(ii) information from FOI exempt documents; and

(b) another document containing the rest of the information.

191ZD Final report to be laid in Parliament and made publicly available

(1) The Minister must cause a copy of the final report to be laid before each House of the Parliament within 14 sitting days of the House after receiving the final report.

(2) The Minister must ensure that copies of the final report are publicly available after the



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final report has been laid before each House of the Parliament.

(3) After the Minister has made copies of the final report publicly available, the Commission must ensure that copies of the report are made publicly available.


final report means—

(a) if the final report is divided in accordance with section 191ZC, the document referred to in section 191ZC(2)(b); or

(b) in any other case, the final report.

191ZE Review of Part following final report

(1) The Minister must cause a review of the operation of Part VI of the Transport (Compliance and Miscellaneous) Act 1983, having regard to the recommendations contained in the final report.

(2) The review must be completed not more than 12 months after the final report is laid before each House of Parliament in accordance with section 191ZD.".

59 Definitions

In section 208 of the Transport (Compliance and Miscellaneous) Act 1983, in the definition of authorised officer, for "Director" substitute "Secretary".

60 Transport and ticket infringements

In section 212(1A)(b) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".

61 Inspection of motor vehicles



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In section 216(1) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".

62 Powers of officers authorized by Roads Corporation

(1) In section 217(1) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "licensing authority".


63 Authorisation of Departmental authorised officers

In section 221A of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".

64 Authorisation of other authorised officers

In section 221AB(1) and (2) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".

65 Application for authorisation

(1) In section 221B(1) and (2)(a) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".

(2) In section 221B(3) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (where twice occurring) substitute "Secretary".

66 Qualification requirements

In section 221C(1) and (2) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (wherever occurring) substitute "Secretary".

67 Time limits on section 221AB authorisations



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In section 221CA(1) and (2) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".

68 Scope of authorisation may be limited

In section 221CB(1) and (2) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".

69 Conditions of authorisation

In section 221D(1)(b) and (2) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".

70 Change of conditions

In section 221E(1) and (2) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".

71 Application for renewal of authorisation

In section 221G(1), (2)(a), (4), (4A) and (5) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".

72 Renewal of authorisation

(1) In section 221H(1), (2), (3) and (4) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (wherever occurring) substitute "Secretary".

(2) In section 221H(1A) and (5) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (wherever occurring) substitute "Secretary".

73 Issue of identity cards

In section 221I(1), (1A) and (2)(c) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".

74 Inquiry into conduct of authorised officer



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(1) In section 221J(1) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".

(2) In section 221J(2) and (3) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (wherever occurring) substitute "Secretary".

75 Revocation of authorisation

In section 221L of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (wherever occurring) substitute "Secretary".

76 Tribunal reviews

In section 221M(1) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".

77 Return of identity cards

(1) In section 221O(1) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (where twice occurring) substitute "Secretary".

(2) In section 221O(2) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".

78 Lost, stolen or destroyed identity cards to be reported

In section 221P of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".

79 Replacement of identity cards

In section 221Q of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (where twice occurring) substitute "Secretary".

80 Application by proposed employee



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(1) In section 221S(1) and (3) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (where twice occurring) substitute "Secretary".

(2) In section 221S(2)(a) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".

81 Power of court to require attendance at approved public transport education program

In section 227A(2) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (where twice occurring) substitute "Secretary".

82 Application for accreditation

(1) In section 228A(1) and (2)(a) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".

(2) In section 228A(2)(b), (2A) and (3) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (where twice occurring) substitute "Secretary".

83 Matters to be considered by Director

(1) In the heading to section 228B of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".

(2) In section 228B of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".

84 Giving or refusal of accreditation

(1) In section 228C(1) and (3) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".

(2) In section 228C(2) of the Transport (Compliance and Miscellaneous) Act 1983, for



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"Director" (where twice occurring) substitute "Secretary".

85 Conditions of accreditation

In section 228D(1)(b) and (2) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".

86 Change of conditions etc.

(1) In section 228E(1), (2) and (4) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".

(2) In section 228E(3) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (where twice occurring) substitute "Secretary".

87 Duration of accreditation

In section 228F(1), (1A) and (2) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".

88 Requirement to notify Director about charges, etc.

(1) In the heading to section 228G of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".

(2) In section 228G of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (where twice occurring) substitute "Secretary".

89 Notifications

(1) In section 228H(1), (2), (4) and (7) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".

(2) In section 228H(3), (8) and (9) of the Transport (Compliance and Miscellaneous) Act 1983, for



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"Director" (where twice occurring) substitute "Secretary".

(3) In section 228H(5) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (wherever occurring) substitute "Secretary".

90 Audit of certain books and records of accredited companies for compliance purposes

In section 228HA(1)(d), (2), (2A) and (3) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".

91 Application for renewal of accreditation

(1) In section 228I(1), (2), (5), (5A) and (6) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".

(2) In section 228I(3) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (wherever occurring) substitute "Secretary".

92 Renewal of accreditation

(1) In section 228J(1), (2) and (3) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".

(2) In section 228J(1A), (1B) and (5) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (where twice occurring) substitute "Secretary".

93 Nature of accreditation

In section 228K(3) of the of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".

94 Director not liable for giving accreditation



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(1) In the heading to section 228M of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".

(2) In section 228M of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".

95 Supervision of accredited companies

(1) In section 228N(1) and (4) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".

(2) In section 228N(3) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (wherever occurring) substitute "Secretary".

96 Procedure and powers

(1) In section 228O(1) and (3) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".

(2) In section 228O(2) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (where twice occurring) substitute "Secretary".

97 Immediate power of suspension

(1) In section 228P(1) and (3) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" (where twice occurring) substitute "Secretary".

(2) In section 228P(2), (4) and (6) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".

98 Tribunal reviews



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In section 228R(1) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".

99 Prosecutions

In section 229(1AA) of the Transport (Compliance and Miscellaneous) Act 1983, for "Director" substitute "Secretary".

100 Definitions

In section 230AI of the Transport (Compliance and Miscellaneous) Act 1983, in the definition of relevant authorised officer, for "Director" substitute "Secretary".

101 New Division 9 inserted in Part VIII

After section 276 of the Transport (Compliance and Miscellaneous) Act 1983 insert—

"Division 9—Transitional provisions—Part 2 of the Transport Legislation Amendment (Taxi

Services Reform and Other Matters) Act 2011


277 Definitions

In this Division—

commencement day means the day on which section 101 of the Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011 comes into operation;

former DPT property means property, and related rights or related liabilities, of the Director that, under Subdivision 2, have vested in, or become liabilities of, the Secretary;



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former DPT property instrument means an instrument relating to former DPT property subsisting immediately before the relevant date—

(a) to which the Director was a party; or

(b) that was given to, or in favour of, the Director; or

(c) that refers to the Director; or

(d) under which—

(i) money is, or may become, payable to the Director; or

(ii) other property is to be, or may become liable to be, transferred to or by the Director;

former relevant DPT agreement means an agreement subsisting immediately before the relevant date—

(a) to which the Director was a party; and

(b) that was entered into by the Director for the purposes of performing a function or exercising a power under Part VI or in relation to or for the purposes of the provision of commercial passenger vehicle services by the Director or another person;

liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective;



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property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;

relevant agreement liabilities means liabilities of the Director under an agreement subsisting immediately before the relevant date—


(b) that was entered into by the Director for the purposes of performing a function or exercising a power under Part VI or in relation to or for the purposes of the provision of commercial passenger vehicle services by the Director or another person;

relevant agreement rights means rights of the Director under an agreement subsisting immediately before the relevant date—


(b) that was entered into by the Director for the purposes of performing a function or exercising a power under Part VI or in relation to or for the purposes of the provision commercial passenger vehicle services by the Director or another person;



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relevant date, in relation to an allocation statement under section 278 or property, rights or liabilities allocated under such a statement, means the date fixed by the Minister under section 278(7) for the purposes of that statement;

rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective.

Subdivision 2—Property transfers

278 Minister may direct transfer of DPT property etc. to Secretary

(1) The Minister may give a direction in writing to the Director directing the Director to transfer to the Secretary, in accordance with the direction—

(a) property and related rights and related liabilities of the Director of a specified kind;

(b) relevant agreement rights and relevant agreement liabilities of a specified kind.

(2) The Director must give to the Minister a statement containing the information required by the Minister relating to the property and related rights and related liabilities of the Director, and relevant agreement rights and relevant agreement liabilities to which the direction relates, as at the date specified by the Minister for the purposes of this section.

(3) A statement under this section—

(a) must allocate the property and related rights and related liabilities of the Director, relevant agreement rights and



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relevant agreement liabilities shown in the statement in accordance with the directions of the Minister; and

(b) must be signed by the Director.

(4) If a statement under this section is approved by the Minister—

(a) the Minister must sign the statement; and

(b) the statement is an allocation statement for the purposes of this Division.

(5) The Minister may at any time direct the Director to amend a statement given to him or her under this section as specified in the direction.

(6) An allocation statement under this section may be amended by writing signed by the Minister.

(7) The Minister, by notice published in the Government Gazette, may fix a relevant date for the purposes of an allocation statement under this section.

(8) In this section, statement and allocation statement include a statement or allocation statement amended in accordance with this section.

279 Property etc. transferred in accordance with direction

On the relevant date—

(a) all property and related rights of the Director wherever located, that are allocated under an allocation statement in accordance with a direction of the Minister under section 278, vest in the



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Secretary in accordance with the statement;

(b) all liabilities of the Director related to property, wherever located, that are allocated under an allocation statement in accordance with a direction of the Minister under section 278, become liabilities of the Secretary in accordance with the statement;

(c) all relevant agreement rights, wherever located, that are allocated under an allocation statement in accordance with a direction of the Minister under section 278, vest in the Secretary in accordance with the statement;

(d) all relevant agreement liabilities, wherever located, that are allocated under an allocation statement in accordance with a direction of the Minister under section 278, become liabilities of the Secretary in accordance with the statement.

280 Allocation of property etc. subject to encumbrances

Unless an allocation statement under this Subdivision otherwise provides, if, under this Subdivision—

(a) property and related rights and relevant agreement rights vest in; or

(b) liabilities related to property and relevant agreement liabilities become liabilities of—

the Secretary in accordance with a direction under section 278—



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(c) the property and related rights and relevant agreement rights so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and

(d) the rights to which the Director was entitled in respect of those liabilities immediately before they ceased to be liabilities of the Director vest in the Secretary.

281 Substitution of party to agreement

If, under an allocation statement, rights and liabilities related to property of the Director under an agreement and relevant agreement rights and relevant agreement liabilities are allocated to the Secretary in accordance with a direction under section 278—

(a) the Secretary becomes, on the relevant date, a party to the agreement in place of the Director; and

(b) on and after the relevant date, the agreement has effect as if the Secretary had always been a party to the agreement.

282 Former DPT instruments and agreements

(1) Each former DPT instrument relating to former DPT property continues to have effect according to its tenor on and after the relevant date in relation to that property as if a reference in the instrument to the Director were a reference to the Secretary.

(2) Each former relevant DPT agreement continues to have effect according to its tenor on and after the relevant date as if a



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reference in the agreement to the Director were a reference to the Secretary.

283 Proceedings

Unless an allocation statement otherwise provides, if, immediately before the relevant date, proceedings relating to former DPT property or a former relevant DPT agreement (including arbitration proceedings) to which the Director was a party were pending or existing in any court or tribunal, then, on and after that date, the Secretary is substituted for the Director as a party to the proceedings and has the same rights in the proceedings as the Director had.

284 Interests in land

Without prejudice to the generality of this Subdivision and despite anything to the contrary in any other Act (other than the Charter of Human Rights and Responsibilities Act 2006) or law if, immediately before the relevant date, the Director is, in relation to former DPT property, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after that date—

(a) the Secretary, on behalf of the Crown, is to be taken to be the registered proprietor of that interest in land; and

(b) the Secretary, on behalf of the Crown, has the same rights and remedies in respect of that interest as the Director had.

285 Action by Registrar of Titles

The Registrar of Titles, on being requested to do so and on delivery of any relevant



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certificate of title or other instrument, must make any amendments in the Register that are necessary because of the operation of this Subdivision.

286 Taxes

No stamp duty or other tax is chargeable under any Act in respect of anything effected by or done under this Subdivision or in respect of any act or transaction connected with or necessary to be done by reason of this Subdivision, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of the Director.

287 Evidence

Documentary or other evidence that would have been admissible for or against the interests of the Director in relation to former DPT property or a former relevant DPT agreement if this Subdivision had not been enacted is admissible for or against the interests of the Secretary.

288 Validity of things done under this Subdivision

Nothing effected or to be effected by this Subdivision or done or suffered under this Subdivision—

(a) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any person guilty of a civil wrong; or

(b) is to be regarded as placing any person in breach of, or as constituting a default under, any Act (other than the Charter



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of Human Rights and Responsibilities Act 2006) or other law or obligation or any provision in any agreement, arrangement or understanding including, but not limited to, any provision or obligation prohibiting, restricting or regulating the assignment, transfer, sale or disposal of any property or the disclosure of any information; or

(c) is to be regarded as fulfilling any condition that allows a person to exercise a power, right or remedy in respect of or to terminate any agreement or obligation; or

(d) is to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a change in the beneficial or legal ownership of any relevant property; or

(e) is to be regarded as causing any contract or instrument to be void or otherwise unenforceable; or

(f) is to be regarded as frustrating any contract; or

(g) releases any surety or other obligor wholly or in part from any obligation.

Subdivision 3—Administrative and regulatory function transfers

289 General transitional provisions

(1) This Subdivision does not affect or take away from the Interpretation of Legislation Act 1984.



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(2) This Subdivision applies despite anything to the contrary in any other provision of this Act.

290 Regulatory instruments

(1) On the commencement day, every regulatory instrument in force immediately before that day is taken to be a regulatory instrument made, given, granted or issued (as the case may be) by the Secretary.


regulatory instrument means—

(a) a certificate of accreditation under Division 4 of Part VI;

(b) a licence in respect of a public commercial passenger vehicle (within the meaning of section 86(1));

(c) a hire car licence (within the meaning of section 86(1));

(d) a restricted hire vehicle licence (within the meaning of section 86(1));

(e) a special purpose vehicle licence (within the meaning of section 86(1));

(f) a taxi-cab licence (within the meaning of section 86(1));

(g) a notice published in the Government Gazette under section 142(1A) specifying an area for the purposes of section 142(1)(b);

(h) a temporary permit under section 154;



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(i) a notice published in the Government Gazette under section 158A(5) specifying a place for the purposes of section 158A;

(j) a specification under section 167(1A);

(k) a driver accreditation issued under section 169D;

(l) an accreditation under Division 4A of Part VII;

(m) a temporary accreditation under section 228F;

(n) a request under section 228H(2) or (5);

(o) an authorisation under section 134A, 149, 150, 151, 152, 154, 158B, 216, 217, 221A, 221AB or 228HA;

(p) a notice published in the Government Gazette under regulation 5 or 7 of the Transport (Taxi-Cab Licences—Market and Trading) Regulations 2005.

291 Pending applications for accreditation

(1) This section applies to an application for accreditation made under section 132 before the commencement day in respect of which the Director has not made a decision whether to approve or refuse to approve the application before that day.

(2) On and after the commencement day, the Secretary may make the decision, and for that purpose, anything done before that day by the Director for the purpose of making



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that decision is taken to have been done by the Secretary.

292 Variations, revocations, or imposition of new conditions, restrictions or other limitations on accreditations

(1) This section applies if the Director has—

(a) before the commencement day begun the process under section 133A to—

(i) vary or revoke a condition, restriction or other limitation imposed by the Director on an accreditation; or

(ii) impose a new condition, restriction or other limitation on an accreditation; and

(b) not completed that process before that day.

(2) On and after the commencement day, the Secretary may complete that process and for that purpose, anything done before that day by the Director for the purpose of making a decision to—

(a) vary or revoke a condition, restriction or other limitation imposed by the Director on an accreditation; or

(b) impose a new condition, restriction or other limitation on an accreditation—

is taken to have been done by the Secretary.

293 Disciplinary action taken against accredited persons

(1) This section applies if the Director—



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(a) has, before the commencement day, served a notice on an accredited person under section 135B; and

(b) has not decided whether to exercise a power under Subdivision 6 of Division 4 of Part VI in respect of that person before that day.

(2) On and after the commencement day, the Secretary may make that decision and for that purpose, anything done under Subdivision 6 of Division 4 of Part VI before that day by the Director for the purpose of making that decision is taken to have been done by the Secretary.

294 Surrender of accreditations

(1) This section applies to an application made under section 137B before the commencement day in respect of which the Director has not made a decision as to whether to consent to the surrender before that day.

(2) On and after the commencement day, the Secretary may make the decision, and for that purpose, anything done before that day by the Director for the purpose of deciding whether to consent to the surrender is taken to have been done by the Secretary.

295 Application for commercial passenger vehicle licences

(1) This section applies to an application made under section 139(2) for the grant of a commercial passenger vehicle licence before the commencement day in respect of which the Director has not made a decision whether to approve or refuse to approve the application before that day.



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(2) On and after the commencement day, the Secretary may make the decision under section 139(2) in respect of the application, and for that purpose, anything done before that day by the Director for the purpose of making that decision is taken to have been done by the Secretary.

296 Cancellation or alteration of licences

(1) This section applies to an application made under section 146 before the commencement day by a licence holder for—

(a) the cancellation of the licence; or

(b) the alteration to the conditions attached to the licence; or

(c) the alteration to the route or area in respect of which the licence was granted—

and in respect of which the Director has not made a decision whether to approve or refuse to approve the application before that day.

(2) On and after the commencement day, the Secretary may make the decision, and for that purpose, anything done before that day by the Director for the purpose of making that decision is taken to have been done by the Secretary.

297 Transfer of licences

(1) This section applies to an application made under section 149 for the transfer of a commercial passenger vehicle licence before the commencement day in respect of which the Director has not made a decision whether



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to authorise the transfer of the licence before that day.

(2) On and after the commencement day, the Secretary may make the decision to authorise or not authorise that transfer, and for that purpose, anything done before that day by the Director for the purpose of making that decision is taken to have been done by the Secretary.

298 Assignments

(1) This section applies to an application made under section 150 for authority to assign the right to operate a taxi-cab under a licence before the commencement day in respect of which the Director has not made a decision whether to grant or refuse to grant the application before that day.


299 Substitution of vehicle where licensed vehicle undergoing repair

(1) This section applies to an application made under section 151 by an owner of a licensed vehicle to use a substitute vehicle before the commencement day in respect of which the Director has not made a decision whether to authorise that use before that day.

(2) On and after the commencement day, the Secretary may make the decision, and for that purpose, anything done before that day by the Director for the purpose of making



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that decision is taken to have been done by the Secretary.

300 Substitution of licensed vehicle

(1) This section applies to an application made under section 152 by an owner of a licensed vehicle to substitute a vehicle for the licensed vehicle before the commencement day in respect of which the Director has not made a decision whether to authorise that substitution before that day.


301 Cancellation of licence for vehicles

(1) This section applies if the Director has, before the commencement day, notified, under section 153, the owner of a licensed vehicle that the Director proposes to cancel the licence issued in respect of the vehicle but has not done so before that day.

(2) On and after the commencement day, the Secretary may cancel that licence in accordance with that notice, and for that purpose, anything done before that day by the Director for the purpose of making that decision is taken to have been done by the Secretary.

302 Revocation or suspension of licence, permit or certificate

(1) This section applies if the Director has, before the commencement day, notified,



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under section 157, the holder of a licence or permit granted under Division 5 of Part VI that the authority proposes to suspend or revoke the licence or permit but has not done so before that day.

(2) On and after the commencement day, the Secretary may suspend or revoke the licence or permit in accordance with section 157, and for that purpose, anything done before that day by the Director for the purpose of making that decision is taken to have been done by the Secretary.

303 Application for driver accreditation

(1) This section applies to an application made by a person under section 166 for the issue of a driver accreditation before the commencement day in respect of which the Director has not made a decision whether to accredit the person before that day.


304 Application for renewal of driver accreditation

(1) This section applies to an application made by a holder of a driver accreditation under section 168 for the renewal of the driver accreditation before the commencement day in respect of which the Director has not made a decision whether to renew the accreditation before that day.

(2) On and after the commencement day, the Secretary may make the decision, and for



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that purpose, anything done before that day by the Director for the purpose of making that decision is taken to have been done by the Secretary.

305 Actions Director may take in relation to holders of driver accreditations

(1) This section applies if the Director—

(a) has, in accordance with section 169F, considered taking action in relation to a holder of a driver accreditation under section 169I(1) and given the holder a notice in accordance with section 169G before the commencement day; and

(b) has not taken action under section 169I in relation to the holder before that day.

(2) On and after the commencement day, the Secretary may take that action and complete the process specified in Division 6 of Part VI in respect of that action, and for that purpose, anything done before that day by the Director for the purpose of taking that action is taken to have been done by the Secretary.

306 Pending applications for authorisations

(1) This section applies to an application for authorisation made under section 221B before the commencement day in respect of which the Director has not made a decision whether to give the authorisation before that day.

(2) On and after the commencement day, the Secretary may make the decision under Division 4AA of Part VII, and for that purpose, anything done before that day by the Director for the purpose of making that



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decision is taken to have been done by the Secretary.

307 Pending applications for renewal of authorisations

(1) This section applies to an application for the renewal of an authorisation made under section 221G before the commencement day in respect of which the Director has not made a decision whether to renew the authorisation before that day.

(2) On and after the commencement day, the Secretary may make the decision under Division 4AA of Part VII, and for that purpose, anything done before that day by the Director for the purpose of making that decision is taken to have been done by the Secretary.

308 Identity cards of authorised officers

On the commencement day, every identity card issued to an authorised officer under section 221I before that day and who is an authorised officer immediately before that day is taken to be an identity card issued by the Secretary.

309 Inquiries into conduct of authorised officers

(1) This section applies if the Director has—

(a) before the commencement day commenced an inquiry under section 221J; and

(b) not taken completed that inquiry before that day.

(2) On and after the commencement day, the Secretary may continue with the inquiry and for that purpose, anything done under by the



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Director under section 221J before that day, is taken to have been done by the Secretary.

310 Pending applications for a certificate

(1) This section applies to an application for a certificate made under section 221S before the commencement day in respect of which the Director has not made a decision whether to give that certificate before that day.

(2) On and after the commencement day, the Secretary may make the decision under section 221S, and for that purpose, anything done before that day by the Director for the purpose of making that decision is taken to have been done by the Secretary.


(1) This section applies to an application for accreditation made under section 228A before the commencement day in respect of which the Director has not made a decision whether to give the accreditation before that day.

(2) On and after the commencement day, the Secretary may make the decision under section 228C, and for that purpose, anything done before that day by the Director for the purpose of making that decision is taken to have been done by the Secretary.

312 Change of accreditation conditions on application of accredited company

(1) This section applies if an accredited company has made an application under section 228E before the commencement day for the Director to vary or revoke a condition of accreditation, or impose a new condition,



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and the Director has not made a decision on that application before that day.


313 Change of accreditation conditions on initiative of Director

(1) This section applies if—

(a) before the commencement day the Director forms an intention to vary or revoke a condition of accreditation, or impose a new condition, under section 228E; and

(b) the Director has not made that decision to do so before that day.


314 Pending applications for renewal of authorisations

(1) This section applies to an application for the renewal of an accreditation made under section 228I before the commencement day in respect of which the Director has not made a decision whether to renew or refuse to renew the accreditation before that day.

(2) On and after the commencement day, the Secretary may make the decision under



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section 228J, and for that purpose, anything done before that day by the Director for the purpose of making that decision is taken to have been done by the Secretary.

315 Supervision of accredited companies

(1) This section applies if—

(a) the Director has, before the commencement day, commenced an inquiry under section 228N for the purpose of determining whether proper cause exists for taking action against a passenger transport or bus company or the Bus Association of Victoria that is or has been an accredited company (the relevant entity); and

(b) has not completed that inquiry before that day.

(2) Despite anything to the contrary in this Act, on and after the commencement day, the Director may complete that inquiry and exercise the powers conferred on the Secretary—

(a) under section 228O for the purpose of that inquiry; and

(b) under section 228N(3) following the inquiry in relation to the relevant entity.

(3) For the purposes of subsection (2), every reference in sections 228N and 228O to the Secretary is to be read as a reference to the Director.

(4) Anything done by the Director under section 228N(3) is, on the day after it is done, taken to be done by the Secretary.



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316 Proceedings

(1) On the commencement day, the Secretary is, by force of this section, substituted as a party to any proceeding pending in any court or tribunal in respect of a matter arising under Part VI or Division 4AA or 4A of Part VII to which the Director was a party immediately before that day.

(2) On the commencement day, every order made by a court or tribunal in a proceeding (whether pending or otherwise) in respect of a matter arising under Part VI or Division 4AA or 4A of Part VII before that day applying to the Director that has not been abided by or complied with by the Director before that day is taken to be an order applying to the Secretary.

317 References to the Director—certain statutory instruments

On and after the commencement day, every reference to the Director in any Ministerial Order, licence, permit, accreditation, authorisation, certificate, notice, direction or other document (however described) given, made, issued, granted, served or published under Part VI or Division 4AA or Division 4A of Part VII must be, unless the context otherwise requires, construed as a reference to the Secretary.

318 Transitional regulations

(1) The Governor in Council may make regulations in relation to matters of a



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savings or transitional nature consequent on the enactment of Part 2 of the Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011.

(2) A provision of regulations under this section may be retrospective in operation to the commencement day or a day after the commencement day.

(3) Regulations under this clause have effect despite anything to the contrary in any Act other than this Act or in any subordinate instrument.".

Division 3—Consequential amendments to other Acts

102 Public Administration Act 2004

After section 16(1)(b) of the Public Administration Act 2004 insert—

"(ba) the Chairperson within the meaning of Division 3 of Part 5 of the Transport Integration Act 2010 in relation to the office of the Taxi Services Commission;".

103 Road Safety Act 1986

In section 92(1) of the Road Safety Act 1986, in the definition of public transport regulator, after paragraph (b) insert—

"(c) the Secretary within the meaning of section 3 of the Transport Integration Act 2010;".

See:Act No.108/2004.Reprint No. 2as at20 August 2009and amendingAct Nos77/2008 and 69/2009.LawToday:www.legislation.vic.gov.au

s. 102

See:Act No.127/1986.Reprint No. 2as at5 April 2010and amendingAct Nos19/1991, 13/2009, 93/2009, 6/2010, 13/2010, 19/2010, 29/2010, 30/2010, 45/2010, 75/2010 and 77/2010.LawToday:www.legislation.vic.gov.au



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104 Working with Children Act 2005

(1) In section 32A(2) of the Working with Children Act 2005, for "Director of Public Transport (within the meaning of the Transport Integration Act 2010)" substitute "relevant transport administrative entity".

(2) In section 32A(2)(c) of the Working with Children Act 2005, for "Director" substitute "relevant transport administrative entity".

(3) After section 32A(3) of the Working with Children Act 2005 insert—

"(4) In this section—

relevant transport administrative entity means the Secretary (within the meaning of the Transport (Compliance and Miscellaneous) Act 1983).".

(4) In section 32B(1) of the Working with Children Act 2005, in the definition of exemption notice—

(a) for "Director of Public Transport" substitute "Secretary (within the meaning of the Transport (Compliance and Miscellaneous) Act 1983)";

(b) for "the Transport (Compliance and Miscellaneous) Act 1983" substitute "that Act".

__________________

See:Act No.57/2005.Reprint No. 2as at22 May 2008and amendingAct Nos21/2008, 52/2008, 85/2008, 55/2009, 58/2009, 69/2009, 74/2009, 91/2009, 6/2010, 13/2010, 26/2010 and 51/2010.LawToday:www.legislation.vic.gov.au



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PART 3—POST-INQUIRY AMENDMENTS

Division 1—Amendment of the Transport Integration Act 2010

105 Corporate Plans

In section 64(7) of the Transport Integration Act 2010, in the definition of transport body to which this section applies, in paragraph (c), omit "(other than the Taxi Services Commission)".

106 Functions of the Director of Public Transport

Before section 67(2)(a) of the Transport Integration Act 2010 insert—

"(aa) collaborate and cooperate with the Taxi Services Commission;".

107 Taxi Services Commission represents the Crown

In section 115D of the Transport Integration Act 2010, for "function" substitute "functions".

108 Object of Taxi Services Commission

For section 115E of the Transport Integration Act 2010 substitute—

"115E Object of Taxi Services Commission

(1) The primary object of the Commission is to regulate the commercial passenger vehicle industry as part of the public transport system in a manner that is consistent with the vision statement and the transport system objectives.

(2) Without limiting the generality of subsection (1), the primary object includes the following—



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(a) to pursue and promote major and enduring improvements in the provision of services in the commercial passenger vehicle industry;

(b) to regulate the commercial passenger vehicle industry in a way that—

(i) facilitates competition and innovation in the industry;

(ii) increases the use of public transport and minimises the adverse environmental impacts of the commercial passenger vehicle industry;

(iii) contributes to social wellbeing by providing access to opportunities and supporting liveable communities;

(iv) promotes economic prosperity through the efficient and reliable movement of persons;

(v) in collaboration with the following entities, improves the safety of drivers and passengers of commercial passenger vehicles—

(A) the Secretary;

(B) the Secretary to the Department of Justice;

(C) the Chief Commissioner of Police;

(D) the Roads Corporation;

(E) the Director of Public Transport;



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(F) municipal councils;

(c) to promote public confidence in the safety of the commercial passenger vehicle industry.".

109 Functions of Taxi Services Commission

For section 115F of the Transport Integration Act 2010 substitute—

"115F Functions of Taxi Services Commission

(1) The functions of the Commission are—

(a) to develop and implement policies, strategies and performance measures—

(i) to improve the safety and security of the commercial passenger vehicle industry;

(ii) to promote competition and innovation in the commercial passenger vehicle industry;

(iii) to minimise any adverse environmental effects from the commercial passenger vehicle industry;

(iv) for the operation of commercial passenger vehicles;

(b) to provide licensing and accreditation services for the commercial passenger vehicle industry and related matters;

(c) to assist with monitoring and reporting to the Minister on whether the commercial passenger vehicle industry meets Government, contractual and community expectations and performance measures;



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(d) to provide, or arrange for the provision and dissemination of, information to Victorians about the commercial passenger vehicle industry;

(e) to advise the Secretary in order to assist the Secretary in developing strategic policy and legislation in relation to the commercial passenger vehicle industry;

(f) to perform any other functions or duties conferred or imposed on the Commission by or under this Act or any other Act.

(2) The function conferred on the Commission by subsection (1)(e) does not include a function to develop strategic policy and legislation in relation to the commercial passenger vehicle industry.

(3) In performing the functions conferred on the Commission, the Commission must—

(a) collaborate and cooperate with the Secretary, the Secretary to the Department of Justice, the Chief Commissioner of Police, the Roads Corporation, the Director of Public Transport and municipal councils; and

(b) where relevant, engage with stakeholders so as to ensure better outcomes for all Victorians; and

(c) conduct research and collect information relating to the performance of the functions and operation of the commercial passenger vehicle industry so as to enable the Commission to meet the primary object of the Commission; and



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(d) efficiently deal with, or make arrangements for dealing with, any complaints relating to the performance of its functions.".

110 Powers of the Taxi Services Commission

(1) In section 115G(1) of the Transport Integration Act 2010, for "function" substitute "functions".

(2) In section 115G(2)(h) of the Transport Integration Act 2010, for "the function" substitute "any function".

111 Constitution of Commission

In section 115H(1)(b) of the Transport Integration Act 2010, for "function" substitute "functions".

112 Terms and conditions of Commissioners

(1) In section 115I(1) of the Transport Integration Act 2010 omit "or part-time".

(2) After section 115I(3) of the Transport Integration Act 2010 insert—

"(3A) A Commissioner holds office for the period (not more than 3 years) that is specified in his or her instrument of appointment and is eligible to be re-appointed.".

(3) The note at the foot of section 115I of the Transport Integration Act 2010 is repealed.

113 Acting appointment

The note at the foot of section 115J of the Transport Integration Act 2010 is repealed.



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114 Vacancies, resignation, removal from office

The note at the foot of section 115L of the Transport Integration Act 2010 is repealed.

115 Section 115MA inserted

After section 115M of the Transport Integration Act 2010 insert—

"115MA Directions

(1) The Commission—

(a) is subject to the general direction and control of the Minister; and

(b) must comply with any specific direction given by the Minister.

(2) Any specific directions given under subsection (1)(b) may be published in the Government Gazette.".

116 Secretary and Director of Public Transport to assist the Commission

In section 115P of the Transport Integration Act 2010, for "function" substitute "functions".

117 Extra-territoriality

In section 115Q of the Transport Integration Act 2010, for "function" substitute "functions".

118 Staff of the Commission

In section 115R(1) of the Transport Integration Act 2010, for "function" substitute "functions".



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119 Section 115SA inserted

After section 115S of the Transport Integration Act 2010 insert—

"115SA Annual report

The Commission, in its annual report for a financial year under Part 7 of the Financial Management Act 1994, must include a copy of each direction given to it under section 115MA(1)(b) together with a statement of its response to that direction.".

120 New section 115T substituted

For section 115T of the Transport Integration Act 2010 substitute—

"115T Delegation

(1) The Commission by instrument may delegate any power, duty or function of the Commission under any Act or regulations including, subject to subsection (3), this power of delegation, to—

(a) a Commissioner; or

(b) a person engaged to work for the Commission.

(2) A delegation under this section may be made—

(a) in relation to a person or class of persons specified in the instrument of delegation; or

(b) in relation to the holder, or the holder from time to time, of an office specified, or of each office in a class of offices specified, in the instrument of delegation.



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(3) A person to whom a power, duty or function has been delegated under subsection (1) may, subject to and in accordance with the instrument of delegation under subsection (1), by instrument delegate to another person that power, duty or function.

(4) Sections 42 and 42A of the Interpretation of Legislation Act 1984 apply to a sub-delegation under subsection (3) as if it were a delegation.".

121 New section 115U inserted

After section 115T of the Transport Integration Act 2010 insert—

"115U End of term of Inquiry Commissioners

(1) The Inquiry Commissioners cease to hold office on the commencement day.

(2) However, an Inquiry Commissioner is eligible for appointment under section 115I on and after the commencement day.

(3) An appointment made under section 115J that is in force immediately before the commencement day terminates on the commencement day.



Inquiry Commissioner means a person who was a Commissioner immediately before the commencement day.".



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Division 2—Amendment of the Transport (Compliance and Miscellaneous) Act 1983

122 Definitions

(1) In section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983, in the definition of licensing authority, for "Secretary" substitute "Taxi Services Commission".

(2) In section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983 insert the following definition—

"Taxi Services Commission has the same meaning as it has in the Transport Integration Act 2010;".

123 Tests, qualifications and other requirements

For section 167(1E) of the Transport (Compliance and Miscellaneous) Act 1983 substitute—

"(1E) The licensing authority must—

(a) publish the name and provider of any course of training specified under this section on the licensing authority's Internet site; or

(b) if the licensing authority does not have an Internet site—make arrangements with the Secretary to publish the name and provider of any course of training specified under this section on the Department's Internet site.".

124 Division 9A of Part VI repealed

Division 9A of Part VI of the Transport (Compliance and Miscellaneous) Act 1983 is repealed.



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125 New Division 10 of Part VIII inserted

After Division 9 of the Part VIII of the Transport (Compliance and Miscellaneous) Act 1983 insert—

"Division 10—Transitional provisions—Part 3 of the Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011


319 Definitions

In this Division—


former property means property, and related rights or related liabilities, of the Secretary that, under Subdivision 2, have vested in, or become liabilities of, the TSC;

former property instrument means an instrument relating to former property subsisting immediately before the relevant date—

(a) to which the Secretary was a party; or

(b) that was given to, or in favour of, the Secretary; or

(c) that refers to the Secretary; or



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(d) under which—

(i) money is, or may become, payable to the Secretary; or

(ii) other property is to be, or may become liable to be, transferred to or by the Secretary;

former relevant agreement means an agreement subsisting immediately before the relevant date—

(a) to which the Secretary was a party; and

(b) that was entered into by the Secretary for the purposes of performing a function or exercising a power under Part VI or in relation to or for the purposes of the provision of commercial passenger vehicle services by the Secretary or another person;

liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective;

property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;

relevant agreement liabilities means liabilities of the Secretary under an agreement subsisting immediately before the relevant date—




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relevant agreement rights means rights of the Secretary under an agreement subsisting immediately before the relevant date—



relevant date, in relation to an allocation statement under section 320 or property, rights or liabilities allocated under such a statement, means the date fixed by the Minister under section 320(7) for the purposes of that statement;

rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective;

TSC means the Taxi Services Commission.



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Subdivision 2—Property transfers

320 Minister may direct transfer of property of Secretary etc. to TSC

(1) The Minister may give a direction in writing to the Secretary directing the Secretary to transfer to the TSC, in accordance with the direction—

(a) property and related rights and related liabilities of the Secretary of a specified kind;

(b) relevant agreement rights and relevant agreement liabilities of a specified kind.

(2) The Secretary must give to the Minister a statement containing the information required by the Minister relating to the property and related rights and related liabilities of the Secretary, relevant agreement rights and relevant agreement liabilities to which the direction relates, as at the date specified by the Minister for the purposes of this section.

(3) A statement under this section—

(a) must allocate the property and related rights and related liabilities of the Secretary, relevant agreement rights and relevant agreement liabilities shown in the statement in accordance with the directions of the Minister; and

(b) must be signed by the Secretary.

(4) If a statement under this section is approved by the Minister—

(a) the Minister must sign the statement; and



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(b) the statement is an allocation statement for the purposes of this Division.

(5) The Minister may at any time direct the Secretary to amend a statement given to him or her under this section as specified in the direction.

(6) An allocation statement under this section may be amended by writing signed by the Minister.

(7) The Minister, by notice published in the Government Gazette, may fix a relevant date for the purposes of an allocation statement under this section.

(8) In this section, statement and allocation statement include a statement or allocation statement amended in accordance with this section.

321 Property etc. transferred in accordance with direction

On the relevant date—

(a) all property and related rights of the Secretary wherever located, that are allocated under an allocation statement in accordance with a direction of the Minister under section 320, vest in the TSC in accordance with the statement;

(b) all liabilities of the Secretary related to property, wherever located, that are allocated under an allocation statement in accordance with a direction of the Minister under section 320, become liabilities of the TSC in accordance with the statement;



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(c) all relevant agreement rights, wherever located, that are allocated under an allocation statement in accordance with a direction of the Minister under section 320, vest in the TSC in accordance with the statement;

(d) all relevant agreement liabilities, wherever located, that are allocated under an allocation statement in accordance with a direction of the Minister under section 320, become liabilities of the TSC in accordance with the statement.

322 Allocation of property etc. subject to encumbrances

Unless an allocation statement under this Subdivision otherwise provides, if, under this Subdivision—

(a) property and related rights and relevant agreement rights vest in; or

(b) liabilities related to property and relevant agreement liabilities become liabilities of—

the TSC in accordance with a direction under section 320—

(c) the property and related rights and relevant agreement rights so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and

(d) the rights to which the Secretary was entitled in respect of those liabilities immediately before they ceased to be liabilities of the Secretary vest in the TSC.



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323 Substitution of party to agreement

If, under an allocation statement, rights and liabilities related to property of the Secretary under an agreement and relevant agreement rights and relevant agreement liabilities are allocated to the TSC in accordance with a direction under section 320—

(a) the TSC becomes, on the relevant date, a party to the agreement in place of the Secretary; and

(b) on and after the relevant date, the agreement has effect as if the TSC had always been a party to the agreement.

324 Former Secretary instruments and agreements

(1) Each former instrument relating to former property continues to have effect according to its tenor on and after the relevant date in relation to that property as if a reference in the instrument to the Secretary were a reference to the TSC.

(2) Each former relevant agreement continues to have effect according to its tenor on and after the relevant date as if a reference in the agreement to the Secretary were a reference to the TSC.

325 Proceedings

Unless an allocation statement otherwise provides, if, immediately before the relevant date, proceedings relating to former property or a former relevant agreement (including arbitration proceedings) to which the Secretary was a party were pending or existing in any court or tribunal, then, on and after that date, the TSC is substituted for the



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Secretary as a party to the proceedings and has the same rights in the proceedings as the Secretary had.

326 Interests in land

Without prejudice to the generality of this Subdivision and despite anything to the contrary in any other Act (other than the Charter of Human Rights and Responsibilities Act 2006) or law if, immediately before the relevant date, the Secretary is, in relation to former property, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after that date—

(a) the TSC is to be taken to be the registered proprietor of that interest in land; and

(b) the TSC has the same rights and remedies in respect of that interest as the Secretary had.

327 Action by Registrar of Titles

The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or other instrument, must make any amendments in the Register that are necessary because of the operation of this Subdivision.

328 Taxes

No stamp duty or other tax is chargeable under any Act in respect of anything effected by or done under this Subdivision or in respect of any act or transaction connected with or necessary to be done by reason of this Subdivision, including a transaction entered into or an instrument made,



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executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of the Secretary.

329 Evidence

Documentary or other evidence that would have been admissible for or against the interests of the Secretary in relation to former property or a former relevant agreement if this Subdivision had not been enacted is admissible for or against the interests of the TSC.

330 Validity of things done under this Subdivision

Nothing effected or to be effected by this Subdivision or done or suffered under this Subdivision—

(a) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any person guilty of a civil wrong; or

(b) is to be regarded as placing any person in breach of, or as constituting a default under, any Act (other than the Charter of Human Rights and Responsibilities Act 2006) or other law or obligation or any provision in any agreement, arrangement or understanding including, but not limited to, any provision or obligation prohibiting, restricting or regulating the assignment, transfer, sale or disposal of any property or the disclosure of any information; or

(c) is to be regarded as fulfilling any condition that allows a person to exercise a power, right or remedy in



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respect of or to terminate any agreement or obligation; or

(d) is to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a change in the beneficial or legal ownership of any relevant property; or

(e) is to be regarded as causing any contract or instrument to be void or otherwise unenforceable; or

(f) is to be regarded as frustrating any contract; or

(g) releases any surety or other obligor wholly or in part from any obligation.

Subdivision 3—Administrative and regulatory function transfers

331 General transitional provisions

(1) This Subdivision does not affect or take away from the Interpretation of Legislation Act 1984.

(2) This Subdivision applies despite anything to the contrary in any other provision of this Act.

332 Regulatory instruments

(1) On the commencement day, every regulatory instrument in force immediately before that day is taken to be a regulatory instrument made, given, granted or issued (as the case may be) by the TSC as the licensing authority.



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regulatory instrument means—

(a) a certificate of accreditation under Division 4 of Part VI;

(b) a licence in respect of a public commercial passenger vehicle (within the meaning of section 86(1));

(c) a hire car licence (within the meaning of section 86(1));

(d) a restricted hire vehicle licence (within the meaning of section 86(1));

(e) a special purpose vehicle licence (within the meaning of section 86(1));

(f) a taxi-cab licence (within the meaning of section 86(1));

(g) a notice published in the Government Gazette under section 142(1A) specifying an area for the purposes of section 140(1)(b);

(h) a temporary permit under section 154;

(i) a notice published in the Government Gazette under section 158A(5) specifying a place for the purposes of section 158A;

(j) a specification under section 167(1A);

(k) a driver accreditation issued under section 169D;



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(l) an authorisation under section 134A, 149, 150, 151, 152, 154 or 158B;

(m) a notice published in the Government Gazette under regulation 5 or 7 of the Transport (Taxi-Cab Licences—Market and Trading) Regulations 2005.


(1) This section applies to an application for accreditation made under section 132 before the commencement day in respect of which the Secretary has not made a decision whether to approve or refuse to approve the application before that day.

(2) On and after the commencement day, the TSC may make the decision, and for that purpose, anything done before that day by the Secretary for the purpose of making that decision is taken to have been done by the TSC.

334 Variations, revocations, or imposition of new conditions, restrictions or other limitations on accreditations

(1) This section applies if the Secretary has—

(a) before the commencement day begun the process under section 133A to—

(i) vary or revoke a condition, restriction or other limitation imposed by the Secretary on an accreditation; or

(ii) impose a new condition, restriction or other limitation on an accreditation; and



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(b) not completed that process before that day.

(2) On and after the commencement day, the TSC may complete that process and for that purpose, anything done before that day by the Secretary for the purpose of making a decision to—

(a) vary or revoke a condition, restriction or other limitation imposed by the Secretary on an accreditation; or

(b) impose a new condition, restriction or other limitation on an accreditation—

is taken to have been done by the TSC.

335 Disciplinary action taken against accredited persons

(1) This section applies if the Secretary—

(a) has, before the commencement day, served a notice on an accredited person under section 135B; and

(b) has not decided whether to exercise a power under Subdivision 6 of Division 4 of Part VI in respect of that person before that day.

(2) On and after the commencement day, the TSC may make that decision and for that purpose, anything done under Subdivision 6 of Division 4 of Part VI before that day by the Secretary for the purpose of making that decision is taken to have been done by the TSC.



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336 Surrender of accreditations

(1) This section applies to an application made under section 137B before the commencement day in respect of which the Secretary has not made a decision as to whether to consent to the surrender before that day.

(2) On and after the commencement day, the TSC may make the decision, and for that purpose, anything done before that day by the Secretary for the purpose of deciding whether to consent to the surrender is taken to have been done by the TSC.

337 Application for commercial passenger vehicle licences

(1) This section applies to an application made under section 139(2) for the grant of a commercial passenger vehicle licence before the commencement day in respect of which the Secretary has not made a decision whether to approve or refuse to approve the application before that day.

(2) On and after the commencement day, the TSC may make the decision under section 139(2) in respect of the application, and for that purpose, anything done before that day by the Secretary for the purpose of making that decision is taken to have been done by the TSC.

338 Cancellation or alteration of licences

(1) This section applies to an application made under section 146 before the commencement day by a licence holder for—

(a) the cancellation of the licence; or



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(b) the alteration to the conditions attached to the licence; or

(c) the alteration to the route or area in respect of which the licence was granted—

and in respect of which the Secretary has not made a decision whether to approve or refuse to approve the application before that day.


339 Transfer of licences

(1) This section applies to an application made under section 149 for the transfer of a commercial passenger vehicle licence before the commencement day in respect of which the Secretary has not made a decision whether to authorise the transfer of the licence before that day.

(2) On and after the commencement day, the TSC may make the decision to authorise or not authorise that transfer, and for that purpose, anything done before that day by the Secretary for the purpose of making that decision is taken to have been done by the TSC.

340 Assignments

(1) This section applies to an application made under section 150 for authority to assign the right to operate a taxi-cab under a licence before the commencement day in respect of which the Secretary has not made a decision



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whether to grant or refuse to grant the application before that day.


341 Substitution of vehicle where licensed vehicle undergoing repair

(1) This section applies to an application made under section 151 by an owner of a licensed vehicle to use a substitute vehicle before the commencement day in respect of which the Secretary has not made a decision whether to authorise that use before that day.


342 Substitution of licensed vehicle

(1) This section applies to an application made under section 152 by an owner of a licensed vehicle to substitute a vehicle for the licensed vehicle before the commencement day in respect of which the Secretary has not made a decision whether to authorise that substitution before that day.




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343 Cancellation of licence for vehicles

(1) This section applies if the Secretary has, before the commencement day, notified, under section 153, the owner of a licensed vehicle that the Secretary proposes to cancel the licence issued in respect of the vehicle but has not done so before that day.

(2) On and after the commencement day, the TSC may cancel that licence in accordance with that notice, and for that purpose, anything done before that day by the Secretary for the purpose of making that decision is taken to have been done by the TSC.

344 Revocation or suspension of licence, permit or certificate

(1) This section applies if the Secretary has, before the commencement day, notified, under section 157, the holder of a licence or permit granted under Division 5 of Part VI that the authority proposes to suspend or revoke the licence or permit but has not done so before that day.

(2) On and after the commencement day, the TSC may suspend or revoke the licence or permit in accordance with section 157, and for that purpose, anything done before that day by the Secretary for the purpose of making that decision is taken to have been done by the TSC.

345 Application for driver accreditation

(1) This section applies to an application made by a person under section 166 for the issue of a driver accreditation before the commencement day in respect of which the



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Secretary has not made a decision whether to accredit the person before that day.


346 Application for renewal of driver accreditation

(1) This section applies to an application made by a holder of a driver accreditation under section 168 for the renewal of the driver accreditation before the commencement day in respect of which the Secretary has not made a decision whether to renew the accreditation before that day.


347 Actions Secretary may take in relation to holders of driver accreditations

(1) This section applies if the Secretary—

(a) has, in accordance with section 169F, considered taking action in relation to a holder of a driver accreditation under section 169I(1) and given the holder a notice in accordance with section 169G before the commencement day; and

(b) has not taken action under section 169I in relation to the holder before that day.



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(2) On and after the commencement day, the TSC may take that action and complete the process specified in Division 6 of Part VI in respect of that action, and for that purpose, anything done before that day by the Secretary for the purpose of taking that action is taken to have been done by the TSC.

348 Proceedings

(1) On the commencement day, the TSC is, by force of this section, substituted as a party to any proceeding pending in any court or tribunal in respect of a matter arising under Part VI to which the Secretary was a party immediately before that day.

(2) On the commencement day, every order made by a court or tribunal in a proceeding (whether pending or otherwise) in respect of a matter arising under Part VI before that day applying to the Secretary that has not been abided by or complied with by the Secretary before that day is taken to be an order applying to the TSC.

349 References to the Secretary—certain statutory instruments

On and after the commencement day, every reference to the Secretary in any Ministerial Order, licence, permit, accreditation, authorisation, certificate, notice, direction or other document (however described) given, made, issued, granted, served or published under Part VI must be, unless the context otherwise requires, construed as a reference to the TSC.



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350 Transitional regulations

(1) The Governor in Council may make regulations in relation to matters of a savings or transitional nature consequent on the enactment of Part 3 of the Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011.

(2) A provision of regulations under this section may be retrospective in operation to the commencement day or a day after the commencement day.

(3) Regulations under this clause have effect despite anything to the contrary in any Act other than this Act or in any subordinate instrument.".

Division 3—Consequential amendments

126 Road Safety Act 1986

In section 92(1) of the Road Safety Act 1986, in the definition of public transport regulator, after paragraph (c) insert—

"(d) the Taxi Services Commission within the meaning of section 3 of the Transport Integration Act 2010;".

127 Working with Children Act 2005

(1) In section 32A(2) of the Working with Children Act 2005, for "relevant transport administrative entity" substitute "Taxi Services Commission (within the meaning of the Transport Integration Act 2010)".

(2) In section 32A(2)(c) of the Working with Children Act 2005, for "relevant transport administrative entity" substitute "Commission".



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(3) Section 32A(4) of the Working with Children Act 2005 is repealed.

(4) In section 32B(1) of the Working with Children Act 2005, in the definition of exemption notice—

(a) for "Secretary (within the meaning of the Transport (Compliance and Miscellaneous) Act 1983)" substitute "Taxi Services Commission (within the meaning of the Transport Integration Act 2010)";

(b) for "that Act" substitute "the Transport (Compliance and Miscellaneous) Act 1983".

__________________



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PART 4—REPEAL OF AMENDING ACT

128 Repeal of amending Act

This Act is repealed on 1 July 2014.Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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ENDNOTES

Endnotes


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† Minister's second reading speech—

Legislative Assembly: 2 June 2011

Legislative Council: 16 June 2011

The long title for the Bill for this Act was "A Bill for an Act to amend the Transport Integration Act 2010 to establish the Taxi Services Commission and to amend the Transport (Compliance and Miscellaneous) Act 1983 and other Acts to make consequential and related amendments and for other purposes."

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Transport Legislation Amendment (Taxi Services Reform …FILE/11-034a.docx · Web viewTransport...

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