taxi drivers licensing bill 2013 (31-3)
TRANSCRIPT
31—3 page i
Western Australia
Taxi Drivers Licensing Bill 2013
Contents
Part 1 — Preliminary
1. Short title 2
2. Commencement 2
3. Terms used 3
4. Driving vehicle as taxi 7
5. Approved medical reports 8
6. Fit and proper person to hold a licence 8
7. Designated areas 9
Part 2 — Unlicensed persons driving
taxis and related offences
8. Driving taxi while not authorised by licence 10
9. Causing or permitting unlicensed driver to drive taxi 12
10. Forgery and improper use of identifying details 13
Part 3 — Licensing of taxi drivers
11. Application for licence 14
12. Grant of licence 14
13. Application for renewal of licence 15
14. Renewal of licence 16
15. Duration of licence 16
16. Conditions of licence 16
17. Application for variation of licence conditions 17
18. Variation of licence conditions 17
19. Notice of decisions on licences to be given 18
20. Licence document to be issued to licensee 18
Taxi Drivers Licensing Bill 2013
Contents
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Part 4 — Obligations of taxi drivers
Division 1 — Requirements relating to medical
reports and training
21. Requirement to give approved medical report 19
22. Requirement to complete applicable training course or test 20
Division 2 — Offences
23. Requirement to comply with licence conditions 20
24. Requirements to display and produce documents 21
25. Requirements to surrender documents 21
26. Requirement to notify CEO of change of address 22
27. Requirements to notify CEO of certain mental or physical conditions 22
Division 3 — Regulations and code of conduct
28. Regulations about conduct of licensees 22
29. Code of conduct 23
Part 5 — Suspension, cancellation
and disqualification
Division 1 — Suspension
30. Suspension order 24
31. Revocation of suspension order 25
Division 2 — Cancellation: by order
32. Cancellation order 26
Division 3 — Cancellation and disqualification:
conviction of certain offences
33. Cancellation and disqualification when convicted of offence 27
Division 4 — Cancellation and disqualification:
penalty points
Subdivision 1 — Penalty points register
34. Penalty points offences 29
35. Recording, expiry and cancellation of penalty points 30
36. Removal of penalty points from register 30
37. Penalty points register 31
Taxi Drivers Licensing Bill 2013
Contents
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Subdivision 2 — Cancellation and disqualification
due to excessive penalty points
38. Excessive penalty points notice 32
Division 5 — General provisions
39. Cumulative effect of disqualification 34
40. Effect of permanent disqualification 35
Part 6 — Enforcement
41. Authorised officers 36
42. Powers of authorised officers 36
43. Application for entry warrant 39
44. Issue and content of entry warrant 41
45. Effect of entry warrant 41
46. Obstructing authorised officer or not complying
with direction 42
Part 7 — Exchange of information
47. Terms used 43
48. Use of and access to information 45
49. Use of photographs 46
50. Disclosure of information by CEO to
Commissioner of Police or other authorities 46
51. Disclosure of information to CEO by
Commissioner of Police or other authorities 47
52. Exchange of information between CEO and interstate taxi authorities 48
53. Disclosures under this Part free of charge 49
54. Regulations may exempt information 49
Part 8 — Miscellaneous
55. Reviewable decisions 50
56. Training courses and tests 51
57. Delegation 52
58. Agreements for performance of functions 52
59. Protection from personal liability 53
60. Protection of people testing or examining or giving certain information 53
61. Publication of certain approvals 54
62. Regulations 54
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Part 9 — Transitional provisions
63. Terms used 57
64. Grant of licences during pre-commencement period to persons holding drivers’ licences endorsed with extension T 57
65. Section 64 licence taken to be taxi driver licence 59
66. Section 64 licence of no effect unless driver’s
licence endorsed with extension T at commencement day 59
67. Special provisions about pre-commencement licences 59
68. Driver’s licence may be endorsed with extension T
if pre-commencement licence granted 60
69. Application for extension T endorsement made
before proclamation day 60
Part 10 — Consequential
amendments
Division 1 — Road Traffic Act 1974 amended
70. Act amended 61
71. Section 42E amended 61
72. Section 44AA amended 61
73. Section 44AD inserted 61
44AD. Disclosure to CEO (taxi drivers licensing) 61
Division 2 — Road Traffic (Authorisation to
Drive) Act 2008 amended
74. Act amended 62
75. Section 9 amended 62
76. Section 11B amended 62
77. Section 11E inserted 63
11E. Disclosure to CEO (taxi drivers licensing) 63
Division 3 — Road Traffic Legislation
Amendment Act 2012 amended
78. Act amended 63
79. Section 191 deleted 63
Division 4 — State Administrative Tribunal
Act 2004 amended
80. Act amended 63
81. Schedule 1 amended 63
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Division 5 — Taxi Act 1994 amended
82. Act amended 64
83. Section 16 amended 64
84. Section 29 amended 64
85. Section 40 amended 64
Division 6 — Transport Co-ordination Act 1966
amended
86. Act amended 65
87. Section 47ZE deleted 65
88. Section 47ZF amended 65
Part 11 — Repeals
89. Part 10 Division 1 repealed if not commenced 66
90. Part 10 Division 3 repealed if not commenced 66
Defined terms
page 1
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Taxi Drivers Licensing Bill 2013
A Bill for
An Act to —
� provide for the licensing and regulation of taxi drivers; and
� make consequential amendments to various Acts,
and for related purposes.
The Parliament of Western Australia enacts as follows:
Taxi Drivers Licensing Bill 2013
Part 1 Preliminary
s. 1
page 2
Part 1 — Preliminary 1
1. Short title 2
This is the Taxi Drivers Licensing Act 2013. 3
2. Commencement 4
This Act comes into operation as follows — 5
(a) Part 1 comes into operation on the day on which this Act 6
receives the Royal Assent; 7
(b) Parts 3, 7, 8 and 9, Part 10 (other than Divisions 1, 2, 3, 8
5 and 6) and Part 11 come into operation on a day fixed 9
by proclamation (proclamation day); 10
(c) Part 10 Division 1 — 11
(i) if the Road Traffic Legislation Amendment 12
Act 2012 section 8 does not come into operation 13
on or before proclamation day — comes into 14
operation on proclamation day; or 15
(ii) otherwise — does not come into operation; 16
(d) Part 10 Division 2 comes into operation — 17
(i) if the Road Traffic Legislation Amendment 18
(Information) Act 2011 Part 4 (Part 4) comes 19
into operation before proclamation day — on 20
proclamation day; or 21
(ii) otherwise — immediately after Part 4 comes into 22
operation; 23
(e) Part 10 Division 3 — 24
(i) if the Road Traffic Legislation Amendment 25
Act 2012 section 191 does not come into 26
operation on or before the day on which 27
section 87 comes into operation under 28
paragraph (f) — comes into operation on that 29
day; or 30
(ii) otherwise — does not come into operation; 31
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(f) the rest of the Act comes into operation on the day after 1
the expiry of the period of 6 months beginning on 2
proclamation day. 3
3. Terms used 4
(1) In this Act, unless the contrary intention appears — 5
additional identification document means a document referred 6
to in section 24(1)(b); 7
applicable training course or test, in relation to a person, means 8
a training course or test that — 9
(a) is approved under section 56(1) for the purposes of the 10
provision in which the term is used; and 11
(b) under that approval, applies to the person; 12
approved means approved in writing by the CEO; 13
approved medical report has the meaning given in section 5; 14
authorised officer has the meaning given in section 41(1); 15
cancellation order means an order made under section 32; 16
CEO means the chief executive officer of the Department; 17
class, in relation to a vehicle, means a class of vehicle 18
prescribed by regulations under section 62(2)(a); 19
Commissioner of Police means the person holding or acting in 20
the office of Commissioner of Police under the Police Act 1892; 21
conviction includes a finding of guilty, or the acceptance of a 22
guilty plea, whether or not a conviction is recorded; 23
criminal record check means a document issued by the Police 24
Force of Western Australia, the Australian Federal Police or 25
another body or agency approved by the CEO that sets out, or 26
summarises in a manner acceptable to the CEO, the convictions 27
of an individual for offences under the law of this State, the 28
Commonwealth, another State or a Territory; 29
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Part 1 Preliminary
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current penalty points means penalty points recorded in the 1
penalty points register that have not — 2
(a) expired; or 3
(b) been cancelled; or 4
(c) been removed from the penalty points register; 5
dealt with by infringement notice, in relation to an alleged 6
penalty points offence, means that — 7
(a) an infringement notice has been issued for the alleged 8
offence; and 9
(b) the matter has been dealt with by the payment of an 10
amount in accordance with the infringement notice; 11
Department means the department of the Public Service 12
principally assisting the Minister in the administration of this 13
Act; 14
designated area has the meaning given in section 7; 15
disqualification offence has the meaning given in section 33(1); 16
disqualified, in relation to a person, means — 17
(a) disqualified from holding or obtaining a licence under 18
section 33(2)(b); or 19
(b) disqualified from holding or obtaining a licence under 20
section 38(3)(b); 21
drive a vehicle as a taxi has the meaning given in section 4; 22
driver’s licence — 23
(a) before the coming into operation of the Road Traffic 24
(Administration) Act 2008 section 4 — has the meaning 25
given in the Road Traffic Act 1974 section 5(1); or 26
(b) after the coming into operation of the Road Traffic 27
(Administration) Act 2008 section 4 — has the meaning 28
given in that section; 29
driving authorisation means — 30
(a) a driver’s licence; or 31
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Preliminary Part 1
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(b) a licence or other authorisation granted to a person 1
under a law of another State or a Territory authorising 2
the person to drive a motor vehicle on a road other than 3
solely for the purpose of learning to drive the vehicle; or 4
(c) a foreign driving authorisation authorising a person to 5
drive a motor vehicle on a road other than solely for the 6
purpose of learning to drive the vehicle, 7
and has a meaning affected by subsection (2); 8
driving authorisation law — 9
(a) before the coming into operation of the Road Traffic 10
(Authorisation to Drive) Act 2008 section 3 — means 11
the Road Traffic Act 1974; or 12
(b) after the coming into operation of the Road Traffic 13
(Authorisation to Drive) Act 2008 section 3 — means 14
the Road Traffic (Authorisation to Drive) Act 2008; 15
excessive penalty points notice means a notice given under 16
section 38; 17
foreign driving authorisation means an authorisation that — 18
(a) was granted to a person under a law of an external 19
Territory (as defined in the Acts Interpretation Act 1901 20
(Commonwealth)) or a law of another country; and 21
(b) under a driving authorisation law, authorises the holder 22
of that authorisation to drive in this State; 23
infringement notice means a notice issued to a person under a 24
written law — 25
(a) alleging the commission of an offence; and 26
(b) offering the person an opportunity, by paying an amount 27
of money prescribed under the written law and specified 28
in the notice, to have that matter dealt with out of court; 29
learner’s permit — 30
(a) before the coming into operation of the Road Traffic 31
(Administration) Act 2008 section 4 — has the meaning 32
given in the Road Traffic Act 1974 section 5(1); or 33
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(b) after the coming into operation of the Road Traffic 1
(Administration) Act 2008 section 4 — has the meaning 2
given in that section; 3
licence or taxi driver licence means a licence granted under 4
Part 3; 5
licence document means a licence document issued to a 6
licensee under section 20; 7
licensee means a person who holds a licence (whether or not the 8
licence is suspended); 9
medical practitioner means a person registered under the 10
Health Practitioner Regulation National Law (Western 11
Australia) in the medical profession; 12
notifiable condition, in relation to a person, means any 13
permanent or long-term mental or physical condition that is 14
likely to, or treatment for which is likely to, impair a person’s 15
mental or physical fitness to drive a vehicle as a taxi; 16
penalty points offence has the meaning given in section 34(1); 17
penalty points register means the register maintained under 18
section 37; 19
provider, of a taxi dispatch service, means — 20
(a) a person who is registered as the provider of a taxi 21
dispatch service under the Taxi Act 1994; or 22
(b) a person who provides a taxi dispatch service in respect 23
of vehicles operated (as defined in the Transport 24
Co-ordination Act 1966 section 47Z) under taxi-car 25
licences issued under the Transport Co-ordination 26
Act 1966; 27
qualification period, in relation to a training course or test 28
approved under section 56(1), means the qualification period 29
specified in the approval in relation to the training course or test 30
in accordance with section 56(2)(c); 31
suspended means suspended under section 30(4); 32
suspension order means an order made under section 30; 33
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Preliminary Part 1
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taxi dispatch service means a service that provides — 1
(a) radio base, computer or telephone services for vehicles 2
driven as taxis or makes arrangements for such vehicles 3
to be provided with such services; and 4
(b) controlling, coordinating, administrative and other 5
services to the taxi industry, 6
for the purpose of arranging for a person who requests such a 7
vehicle to be provided with one; 8
test means a written test, an oral test, a practical assessment or 9
any combination of those things; 10
traffic record check means a document issued by the Police 11
Force of Western Australia or another body or agency approved 12
by the CEO that sets out, or summarises in a manner acceptable 13
to the CEO, either or both of the following — 14
(a) the convictions of an individual for driving-related 15
offences under the law of this State, another State or a 16
Territory; 17
(b) the infringement notices issued to an individual in 18
relation to alleged driving-related offences under the law 19
of this State, another State or a Territory. 20
(2) For the purposes of this Act, a person is to be taken not to hold a 21
driving authorisation during any period during which the person 22
was excluded by law from driving under that authorisation. 23
4. Driving vehicle as taxi 24
(1) For the purposes of this Act, a person drives a vehicle as a taxi 25
if — 26
(a) the person uses the vehicle for the purpose of standing 27
or plying for hire or otherwise for the purposes of 28
carrying passengers for reward; and 29
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(b) the vehicle is — 1
(i) operated (as defined in the Taxi Act 1994 2
section 3(1)) using taxi plates issued under that 3
Act; or 4
(ii) operated (as defined in the Transport 5
Co-ordination Act 1966 section 47Z) under a 6
taxi-car licence issued under that Act. 7
(2) For the purposes of subsection (1), passengers are not carried 8
for reward in a vehicle if the amount received for carrying those 9
passengers is not intended to exceed the running costs of the 10
vehicle. 11
(3) An amount referred to in subsection (2) is to be taken not to be 12
intended to exceed the running costs of the vehicle if it does not 13
exceed an amount calculated in accordance with the regulations. 14
5. Approved medical reports 15
For the purposes of this Act, an approved medical report about a 16
person is a report that — 17
(a) is in the approved form; and 18
(b) is prepared by a medical practitioner; and 19
(c) is based on an examination of the person by the medical 20
practitioner that was conducted — 21
(i) for the purpose of assessing the person’s mental 22
and physical fitness to drive a vehicle as a taxi; 23
and 24
(ii) no earlier than 3 months before the report is 25
given to the CEO. 26
6. Fit and proper person to hold a licence 27
(1) Without limiting the matters to which the CEO may have regard 28
in determining, for the purposes of this Act, whether the CEO is 29
satisfied that a person is a fit and proper person to hold a 30
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Preliminary Part 1
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licence, the CEO may have regard to whether the CEO suspects 1
on reasonable grounds that the person has contravened — 2
(a) this Act; or 3
(b) the regulations; or 4
(c) the code of conduct approved under section 29. 5
(2) A person who has applied for a taxi driver licence is to be taken 6
not to be a fit and proper person to hold a licence if — 7
(a) the person has been convicted of a disqualification 8
offence; and 9
(b) the conviction has not been quashed or set aside; and 10
(c) the period of disqualification prescribed for the purposes 11
of section 33(5) in relation to the disqualification 12
offence has not passed since the conviction. 13
7. Designated areas 14
(1) For the purposes of this Act, a designated area is — 15
(a) a control area (as defined in the Taxi Act 1994 16
section 3(1)); or 17
(b) another area in the State that is prescribed by regulations 18
for the purposes of this paragraph. 19
(2) For the purposes of this Act, a vehicle is to be taken not to be 20
driven as a taxi in a designated area if the vehicle is being 21
driven — 22
(a) to carry passengers to a place in the designated area 23
from a place outside the designated area; or 24
(b) in other circumstances prescribed by the regulations. 25
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Part 2 Unlicensed persons driving taxis and related offences
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Part 2 — Unlicensed persons driving taxis and related 1
offences 2
8. Driving taxi while not authorised by licence 3
(1) A person commits an offence if — 4
(a) the person drives a vehicle as a taxi; and 5
(b) the person does not hold a licence that is in force. 6
Penalty: 7
(a) for a first offence, a fine of $10 000; 8
(b) for a subsequent offence, a fine of $10 000, but the 9
minimum penalty is a fine of $2 000. 10
(2) A person commits an offence if — 11
(a) the person drives a vehicle as a taxi; and 12
(b) the person — 13
(i) is disqualified; or 14
(ii) holds a licence that is suspended. 15
Penalty: a fine of $10 000, but the minimum penalty is a fine of 16
$2 000. 17
(3) A person charged with an offence under subsection (2) may be 18
convicted of an offence under subsection (1) if that offence is 19
established by the evidence. 20
(4) A person commits an offence if — 21
(a) the person drives a vehicle as a taxi; and 22
(b) under a driving authorisation law, the person is not 23
authorised to drive the vehicle. 24
Penalty: a fine of $10 000, but the minimum penalty is a fine of 25
$2 000. 26
Taxi Drivers Licensing Bill 2013
Unlicensed persons driving taxis and related offences
Part 2
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(5) It is a defence to a charge of an offence under subsection (4) to 1
prove that — 2
(a) the person charged was not authorised to drive the 3
vehicle because the person — 4
(i) was disqualified from holding or obtaining a 5
driver’s licence under the Fines, Penalties and 6
Infringement Notices Enforcement Act 1994 7
section 19 or 43; or 8
(ii) was the subject of any disqualification or 9
suspension under a law of another jurisdiction 10
that is prescribed for the purposes of the Road 11
Traffic Act 1974 section 49(9)(b); 12
and 13
(b) the person did not know of the circumstance mentioned 14
in paragraph (a). 15
(6) A person commits an offence if — 16
(a) the person drives a vehicle of a particular class as a taxi 17
in a designated area; and 18
(b) the person holds a licence that is in force, but the licence 19
does not authorise either or both of the following — 20
(i) the person to drive a vehicle of that class as a 21
taxi; 22
(ii) the person to drive a vehicle as a taxi in that 23
designated area. 24
Penalty: a fine of $2 500. 25
(7) For the purposes of this Act, an offence under subsection (1) is 26
to be taken to be a subsequent offence if the person has 27
previously been convicted of an offence under 28
subsection (1), (2) or (4). 29
(8) This section does not limit or affect — 30
(a) any requirement for a person to hold a driving 31
authorisation; or 32
Taxi Drivers Licensing Bill 2013
Part 2 Unlicensed persons driving taxis and related offences
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(b) any requirement under the Taxi Act 1994 relating to taxi 1
plates; or 2
(c) any requirement under the Transport Co-ordination 3
Act 1966 relating to taxi-car licences; or 4
(d) any other requirement under a written law for a person 5
to hold any licence or authorisation in relation to the 6
operation of a vehicle. 7
9. Causing or permitting unlicensed driver to drive taxi 8
(1) A person commits an offence if — 9
(a) the person — 10
(i) causes or permits another person (the driver) to 11
drive a vehicle as a taxi; or 12
(ii) is the provider of a taxi dispatch service that is 13
used by another person (the driver) for the 14
purpose of the driver driving a vehicle as a taxi; 15
and 16
(b) the driver — 17
(i) is not authorised under a licence to drive the 18
vehicle as a taxi; or 19
(ii) is not authorised under a driving authorisation 20
law to drive the vehicle. 21
Penalty: 22
(a) for a first offence, a fine of $10 000; 23
(b) for a subsequent offence, a fine of $10 000, but the 24
minimum penalty is a fine of $2 000. 25
(2) It is a defence to a charge for an offence under subsection (1) to 26
prove that the person charged took reasonable steps to ensure 27
that the driver — 28
(a) was authorised under a licence to drive the vehicle as a 29
taxi; and 30
Taxi Drivers Licensing Bill 2013
Unlicensed persons driving taxis and related offences
Part 2
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(b) was authorised under a driving authorisation law to 1
drive the vehicle. 2
10. Forgery and improper use of identifying details 3
(1) In this section — 4
identifying details, of a licensee, means any or all of the 5
following — 6
(a) the licence document issued to the licensee; 7
(b) any additional identification document issued to the 8
licensee; 9
(c) information that identifies the licensee in 10
communications with the provider of a taxi dispatch 11
service. 12
(2) A person commits an offence if the person — 13
(a) forges or fraudulently alters a licence document; or 14
(b) uses a licence document that has been forged or 15
fraudulently altered. 16
Penalty: a fine of $2 500. 17
(3) A licensee commits an offence if — 18
(a) the licensee causes or permits another person to use the 19
licensee’s identifying details; and 20
(b) the other person uses the identifying details for the 21
purposes of impersonating the licensee or holding out 22
that the person is authorised to drive a vehicle as a taxi. 23
Penalty: a fine of $2 500. 24
(4) A person commits an offence if the person uses a licensee’s 25
identifying details for the purposes of impersonating the 26
licensee or holding out that the person is authorised to drive a 27
vehicle as a taxi. 28
Penalty: a fine of $2 500. 29
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Part 3 Licensing of taxi drivers
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Part 3 — Licensing of taxi drivers 1
11. Application for licence 2
(1) An individual may apply to the CEO for a taxi driver licence. 3
(2) An individual who is disqualified cannot apply for a taxi driver 4
licence. 5
(3) The application must — 6
(a) be in the approved form; and 7
(b) specify — 8
(i) each class of vehicle that the applicant wants to 9
be authorised to drive as a taxi; and 10
(ii) each designated area in which the applicant 11
wants to be authorised to drive a vehicle as a 12
taxi; 13
and 14
(c) be accompanied by an approved medical report about 15
the applicant; and 16
(d) be accompanied by any documents or information 17
specified in the approved form; and 18
(e) be accompanied by the prescribed application fee. 19
12. Grant of licence 20
(1) The CEO may, on application under section 11, grant the 21
applicant a taxi driver licence if the CEO is satisfied that — 22
(a) the applicant holds a driver’s licence; and 23
(b) the applicant has, for a period of at least 3 years or 24
periods adding up to at least 3 years, held a driving 25
authorisation; and 26
(c) the applicant has reached 20 years of age; and 27
(d) the applicant is a fit and proper person to hold a licence; 28
and 29
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Licensing of taxi drivers Part 3
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(e) the applicant is mentally and physically fit to drive a 1
vehicle as a taxi; and 2
(f) for each applicable training course or test (if any) — 3
(i) the applicant has successfully completed the 4
training course or test; and 5
(ii) the qualification period has not expired since the 6
applicant completed the training course or test; 7
and 8
(g) the applicant meets any other criteria prescribed by the 9
regulations. 10
(2) The CEO may, by written notice given to an applicant, waive 11
the requirement in subsection (1)(f) in relation to an applicable 12
training course or test if the CEO is satisfied, on any basis and 13
in any circumstances, that the applicant holds the competency 14
that was to be demonstrated by the successful completion of the 15
training course or test. 16
13. Application for renewal of licence 17
(1) A licensee may, within 6 months before the expiry day specified 18
on the licence document, apply to the CEO for the grant of a 19
licence by way of renewal. 20
(2) The application must — 21
(a) be in the approved form; and 22
(b) be accompanied by any documents or information 23
specified in the approved form; and 24
(c) be accompanied by the prescribed application fee. 25
(3) A person whose licence is suspended cannot apply for the grant 26
of a licence by way of renewal. 27
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Part 3 Licensing of taxi drivers
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14. Renewal of licence 1
The CEO may, on application under section 13, grant the 2
applicant a taxi driver licence by way of renewal if the CEO is 3
satisfied that the applicant — 4
(a) meets the criteria set out in section 12(1)(a) to (e); and 5
(b) meets any other criteria prescribed by the regulations. 6
15. Duration of licence 7
(1) A licence comes into force — 8
(a) for a licence granted under section 12 — on the day on 9
which it is granted; or 10
(b) for a licence granted under section 14 — on the day 11
after the expiry day for the licensee’s previous licence. 12
(2) A licence expires at the end of the day (the expiry day) that is 13
2 years after the day on which it comes into force. 14
(3) The expiry day for a licence must be specified on the licence 15
document. 16
(4) A licence remains in force until whichever of the following 17
occurs first — 18
(a) it expires; 19
(b) it is cancelled. 20
(5) A licence is not in force during any period for which it is 21
suspended. 22
16. Conditions of licence 23
(1) A licence must be granted subject to the following conditions — 24
(a) a condition specifying each class of vehicle that the 25
licensee is authorised to drive as a taxi; 26
(b) a condition specifying each designated area in which the 27
licensee is authorised to drive a vehicle as a taxi. 28
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Licensing of taxi drivers Part 3
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(2) A licence may be granted subject to such other conditions as the 1
CEO thinks fit and specifies on the licence document. 2
(3) The regulations may provide for conditions of licences. 3
17. Application for variation of licence conditions 4
(1) A licensee may apply to the CEO for the variation of the 5
conditions of the licence. 6
(2) The application must — 7
(a) be in the approved form; and 8
(b) be accompanied by any documents or other information 9
specified in the approved form; and 10
(c) be accompanied by the prescribed application fee. 11
18. Variation of licence conditions 12
(1) The CEO may vary the conditions of a licence if the CEO is 13
satisfied that — 14
(a) the variation is appropriate in the circumstances; and 15
(b) for each applicable training course or test (if any) — 16
(i) the applicant has successfully completed the 17
applicable training course or test; and 18
(ii) the qualification period has not expired since the 19
applicant completed the applicable training 20
course or test. 21
(2) A variation under subsection (1) may be made on application 22
under section 17 or on the CEO’s own initiative. 23
(3) Without limiting subsection (1), the CEO may vary the 24
conditions of a licence by varying existing conditions, removing 25
conditions or specifying additional conditions. 26
(4) The CEO may, by written notice given to a licensee, waive the 27
requirement in subsection (1)(b) in relation to an applicable 28
training course or test if the CEO is satisfied, on any basis and 29
Taxi Drivers Licensing Bill 2013
Part 3 Licensing of taxi drivers
s. 19
page 18
in any circumstances, that the licensee holds the competency 1
that was to be demonstrated by the successful completion of the 2
training course or test. 3
19. Notice of decisions on licences to be given 4
(1) The CEO must give an applicant written notice of a decision to 5
grant, or refuse to grant, a licence under section 12 or 14. 6
(2) The CEO must give a licensee written notice of a decision — 7
(a) to refuse an application under section 17 for the 8
variation of the conditions of a licence; or 9
(b) to vary the conditions of a licence under section 18. 10
(3) If the decision is a decision to refuse to grant a licence, a 11
decision to vary the conditions of a licence on the CEO’s own 12
initiative, or a decision to refuse an application for the variation 13
of the conditions of a licence, the notice must state — 14
(a) the reasons for the decision; and 15
(b) that the person has a right to a review under section 55. 16
20. Licence document to be issued to licensee 17
(1) The CEO must issue a licence document to a licensee. 18
(2) A licence document must be in the approved form. 19
(3) The CEO may at any time — 20
(a) issue a new licence document to a licensee; and 21
(b) give the licensee a written notice requiring the licensee 22
to surrender to the CEO any previous licence document 23
issued to the licensee. 24
Taxi Drivers Licensing Bill 2013
Obligations of taxi drivers
Part 4
Requirements relating to medical reports and training Division 1
s. 21
page 19
Part 4 — Obligations of taxi drivers 1
Division 1 — Requirements relating to medical reports and 2
training 3
21. Requirement to give approved medical report 4
(1) A licensee must give the CEO an approved medical report about 5
the licensee — 6
(a) if a notice given under subsection (2) is in force — in 7
accordance with that notice; or 8
(b) otherwise — on or before each day that ends 5 years 9
after the day on which the licensee last gave an 10
approved medical report to the CEO under this Act. 11
(2) If the CEO suspects on reasonable grounds that a licensee is 12
affected by a notifiable condition, the CEO may give the 13
licensee a written notice requiring the licensee to give the CEO 14
an approved medical report about the licensee — 15
(a) on or before a day stated in the notice; and 16
(b) subsequently, at intervals of a period stated in the notice. 17
(3) If the CEO considers it appropriate in the circumstances, the 18
CEO may, by written notice given to the licensee — 19
(a) cancel a notice given under subsection (2); or 20
(b) vary a notice given under subsection (2). 21
(4) The CEO must, by written notice given to the licensee, cancel a 22
notice given under subsection (2) if the CEO becomes satisfied 23
that the licensee is no longer affected by a notifiable condition. 24
(5) A notice given under subsection (2) or (3)(b) must state that the 25
licensee has a right to a review under section 55. 26
Taxi Drivers Licensing Bill 2013
Part 4 Obligations of taxi drivers
Division 2 Offences
s. 22
page 20
22. Requirement to complete applicable training course or test 1
(1) The CEO may, from time to time, give a licensee a written 2
notice stating — 3
(a) that the licensee is required to complete an applicable 4
training course or test; and 5
(b) the day by which the licensee is required to successfully 6
complete the training course or test; and 7
(c) that the licensee has a right to a review under section 55; 8
and 9
(d) that a suspension order may be made if the licensee does 10
not comply with the requirement. 11
(2) The CEO may, by written notice given to the licensee, waive the 12
requirement for the licensee to complete an applicable training 13
course or test under this section if the CEO — 14
(a) is satisfied, on any basis and in any circumstances, that 15
the licensee holds the competency that was to be 16
demonstrated by the successful completion of the 17
training course or test; or 18
(b) otherwise considers it appropriate in the circumstances. 19
(3) The CEO may extend the day stated in a notice given under 20
subsection (1). 21
(4) If a notice has been given to a licensee under subsection (1) and 22
the requirement under the notice has not been waived, the 23
licensee must complete the training course or test in compliance 24
with the notice. 25
Division 2 — Offences 26
23. Requirement to comply with licence conditions 27
A licensee commits an offence if the licensee contravenes a 28
condition to which the licence is subject under section 16(2) or 29
the regulations. 30
Penalty: a fine of $1 000. 31
Taxi Drivers Licensing Bill 2013
Obligations of taxi drivers
Part 4
Offences Division 2
s. 24
page 21
24. Requirements to display and produce documents 1
(1) A licensee must, at all times when driving a vehicle as a taxi, 2
display in the vehicle, in a prominent position and in the 3
approved manner — 4
(a) the licensee’s licence document; and 5
(b) any additional document issued to the licensee by the 6
CEO and prescribed by the regulations as a document 7
that must be displayed in vehicles of that class that are 8
driven as taxis. 9
Penalty: a fine of $1 000. 10
(2) A licensee must produce the licensee’s licence document at the 11
request of an authorised officer. 12
Penalty: a fine of $1 000. 13
25. Requirements to surrender documents 14
(1) A person whose licence is suspended under section 30(4), or has 15
been cancelled under section 32(3), 33(2)(a) or 38(3)(a), 16
must — 17
(a) if an authorised officer requests the person to surrender 18
the licence document and the licence document is in the 19
person’s physical possession when the request is 20
made — surrender the licence document to the 21
authorised officer; or 22
(b) otherwise — surrender the licence document to the 23
CEO, in the approved manner, within 14 days after the 24
suspension or cancellation takes effect. 25
Penalty: a fine of $1 000. 26
(2) A licensee who has been given a notice under section 20(3)(b) 27
must surrender the licensee’s licence document, in the approved 28
manner, within 14 days after the notice is given. 29
Penalty: a fine of $1 000. 30
Taxi Drivers Licensing Bill 2013
Part 4 Obligations of taxi drivers
Division 3 Regulations and code of conduct
s. 26
page 22
(3) A person who is required to surrender a licence document under 1
subsection (1) or (2) must surrender with the licence document 2
any additional identification document issued to the person. 3
Penalty: a fine of $1 000. 4
26. Requirement to notify CEO of change of address 5
A licensee must, in the approved manner, give the CEO notice 6
of any change to the licensee’s residential address within 7
21 days after the change occurs. 8
Penalty: a fine of $1 000. 9
27. Requirements to notify CEO of certain mental or physical 10
conditions 11
(1) A licensee who becomes affected by a notifiable condition must 12
give the CEO notice of the condition in the approved manner as 13
soon as is reasonably practicable after becoming aware of the 14
condition. 15
Penalty: a fine of $1 000. 16
(2) A licensee who has given the CEO notice of a condition under 17
subsection (1) must give the CEO notice in the approved 18
manner of any substantial increase in the degree to which the 19
licensee is affected by the condition as soon as is reasonably 20
practicable after becoming aware of the increase. 21
Penalty: a fine of $1 000. 22
Division 3 — Regulations and code of conduct 23
28. Regulations about conduct of licensees 24
(1) The regulations may regulate the conduct and behaviour of 25
licensees in relation to the driving of vehicles as taxis. 26
Taxi Drivers Licensing Bill 2013
Obligations of taxi drivers
Part 4
Regulations and code of conduct Division 3
s. 29
page 23
(2) Without limiting subsection (1), the regulations may make 1
provision in relation to the following — 2
(a) circumstances under which a licensee may, must or must 3
not — 4
(i) refuse to accept a prospective passenger; or 5
(ii) terminate a hiring; or 6
(iii) carry any thing; 7
(b) the conduct and behaviour of licensees towards 8
passengers and prospective passengers; 9
(c) the route that a licensee must drive to reach any 10
destination; 11
(d) the standard of dress, or uniforms, to be worn by 12
licensees. 13
29. Code of conduct 14
(1) The CEO may approve in writing a code of conduct for 15
licensees. 16
(2) A code of conduct approved under subsection (1) is subsidiary 17
legislation for the purposes of the Interpretation Act 1984 and 18
section 42 of that Act applies to and in relation to the code of 19
conduct as if it were a regulation. 20
(3) The CEO must ensure that the code of conduct approved under 21
subsection (1), as in force from time to time, is published on a 22
website maintained by the Department. 23
Taxi Drivers Licensing Bill 2013
Part 5 Suspension, cancellation and disqualification
Division 1 Suspension
s. 30
page 24
Part 5 — Suspension, cancellation and disqualification 1
Division 1 — Suspension 2
30. Suspension order 3
(1) The CEO may make an order (a suspension order) suspending a 4
licence if — 5
(a) the licensee is charged with a disqualification offence; 6
or 7
(b) the CEO suspects on reasonable grounds that the 8
licensee — 9
(i) has committed a disqualification offence; or 10
(ii) is not a fit and proper person to hold a licence; or 11
(iii) is mentally or physically unfit to drive a vehicle 12
as a taxi; 13
or 14
(c) the licensee has contravened — 15
(i) a requirement under section 21(1) to give the 16
CEO an approved medical report; or 17
(ii) a requirement under section 22(4) to complete a 18
training course or test. 19
(2) A suspension order made under subsection (1)(a) or (b) may 20
include a requirement that the licensee undertake remedial 21
action. 22
(3) The CEO must give written notice of a suspension order to the 23
licensee stating the following — 24
(a) that the licence is suspended; 25
(b) the day on which the period of suspension commences; 26
(c) the grounds on which the order is made; 27
(d) any remedial action that the licensee is required to take 28
under subsection (2); 29
Taxi Drivers Licensing Bill 2013
Suspension, cancellation and disqualification Part 5
Suspension Division 1
s. 31
page 25
(e) if the order is made under subsection (1)(b) or (c) — 1
that the licensee has a right to a review under section 55. 2
(4) A licence subject to a suspension order is suspended under the 3
order for a period — 4
(a) commencing on the day stated in the notice under 5
subsection (3)(b); and 6
(b) ending on whichever of the following occurs first — 7
(i) the day stated in a notice of revocation of the 8
suspension order under section 31(5)(b); 9
(ii) the day on which the licence expires or is 10
cancelled. 11
(5) A suspension order may be made even if the licence is already 12
suspended when the order is made. 13
(6) The CEO may, by written notice given to the licensee, vary or 14
waive a requirement imposed under subsection (2). 15
31. Revocation of suspension order 16
(1) The CEO may at any time revoke a suspension order. 17
(2) The CEO must revoke a suspension order made under 18
section 30(1)(a) or (b) as soon as is reasonably practicable after 19
the CEO becomes satisfied that — 20
(a) if the suspension order includes a requirement under 21
section 30(2) that the licensee undertake any remedial 22
action — that action has been undertaken; and 23
(b) the grounds for making the suspension order no longer 24
exist. 25
(3) The CEO must revoke a suspension order made under 26
section 30(1)(c)(i) as soon as is reasonably practicable after the 27
licensee gives the CEO an approved medical report about the 28
licensee. 29
Taxi Drivers Licensing Bill 2013
Part 5 Suspension, cancellation and disqualification
Division 2 Cancellation: by order
s. 32
page 26
(4) The CEO must revoke a suspension order made under 1
section 30(1)(c)(ii) as soon as is reasonably practicable after — 2
(a) the CEO becomes satisfied that the licensee has 3
successfully completed a training course or test that is 4
the same as, or substantially equivalent to, the training 5
course or test that the licensee was required to complete 6
under section 22(4); or 7
(b) the CEO becomes satisfied, on any basis and in any 8
circumstances, that the licensee holds the competency 9
that was to be demonstrated by the successful 10
completion of the training course or test that the licensee 11
was required to complete under section 22(4). 12
(5) The CEO must give a written notice of a revocation of a 13
suspension order to the licensee stating the following — 14
(a) that the suspension of the licensee’s licence has been 15
revoked; 16
(b) the day on which the suspension of the person’s licence 17
under the order ends; 18
(c) the reasons for the revocation. 19
Division 2 — Cancellation: by order 20
32. Cancellation order 21
(1) The CEO may make an order (a cancellation order) cancelling 22
a licence if the CEO is satisfied that — 23
(a) the licensee is not a fit and proper person to hold a 24
licence; or 25
(b) the licensee is mentally or physically unfit to drive a 26
vehicle as a taxi. 27
(2) The CEO must give written notice of a cancellation order to the 28
licensee stating the following — 29
(a) that the licence is cancelled; 30
(b) the day on which the cancellation takes effect; 31
Taxi Drivers Licensing Bill 2013
Suspension, cancellation and disqualification Part 5
Cancellation and disqualification: conviction of certain offences Division 3
s. 33
page 27
(c) the grounds on which the order is made; 1
(d) that the licensee has a right to a review under section 55. 2
(3) A licence subject to a cancellation order is cancelled on the day 3
stated in the order. 4
(4) A cancellation order may be made even if the licence is 5
suspended when the order is made. 6
Division 3 — Cancellation and disqualification: conviction of 7
certain offences 8
33. Cancellation and disqualification when convicted of offence 9
(1) For the purposes of this Act, a disqualification offence is — 10
(a) an offence under section 8(1), (2) or (4); or 11
(b) an offence under — 12
(i) this Act or another written law; or 13
(ii) a law of the Commonwealth; or 14
(iii) a law of another State or a Territory, 15
that is prescribed by the regulations as a disqualification 16
offence. 17
(2) If a licensee is convicted of a disqualification offence then, by 18
force of this section — 19
(a) the licence is cancelled; and 20
(b) the licensee is disqualified from holding or obtaining a 21
licence for the period prescribed by the regulations. 22
(3) The CEO must give a person written notice of the cancellation 23
of the person’s licence under subsection (2) stating the 24
following — 25
(a) that the licence is cancelled; 26
(b) that the person is disqualified from holding or obtaining 27
a licence; 28
Taxi Drivers Licensing Bill 2013
Part 5 Suspension, cancellation and disqualification
Division 3 Cancellation and disqualification: conviction of certain offences
s. 33
page 28
(c) the period prescribed by the regulations for which the 1
person is disqualified; 2
(d) that the cancellation took effect and the period of 3
disqualification commenced when the person was 4
convicted of the disqualification offence; 5
(e) the grounds for the cancellation and disqualification. 6
(4) A period of disqualification under subsection (2)(b) — 7
(a) commences when the licensee is convicted of the 8
disqualification offence; and 9
(b) ends when the period of disqualification prescribed by 10
the regulations has expired. 11
(5) A period of disqualification (which may be permanent) must be 12
prescribed by the regulations in relation to each disqualification 13
offence. 14
(6) Different periods of disqualification may be prescribed in 15
relation to a disqualification offence depending on any of the 16
following — 17
(a) whether the offence is a first or subsequent offence; 18
(b) the circumstances in which the offence is committed; 19
(c) the length of time that the licensee has continuously held 20
a licence that is in force when the offence is committed; 21
(d) whether or not the licensee has previously been 22
disqualified under subsection (2)(b). 23
(7) Despite subsection (4)(b), if a person’s conviction for a 24
disqualification offence is quashed or set aside, then the period 25
of disqualification ends when the conviction is quashed or set 26
aside. 27
(8) For the purposes of determining when a period of 28
disqualification under this section ends, the period is to be taken 29
to have commenced at the start of the day on which the person 30
was convicted of the disqualification offence. 31
Taxi Drivers Licensing Bill 2013
Suspension, cancellation and disqualification Part 5
Cancellation and disqualification: penalty points Division 4
s. 34
page 29
(9) The cancellation of a licence under subsection (2)(a) has effect 1
even if the licence is suspended when the licensee is convicted 2
of the disqualification offence. 3
(10) Nothing in this section prevents the commencement of a period 4
of disqualification from being postponed under section 39. 5
(11) The regulations may provide for the reinstatement of licences, 6
or make any other provision necessary or convenient to be 7
made, to deal with consequences of a conviction for a 8
disqualification offence being quashed or set aside in a case in 9
which a licence has been cancelled under subsection (2)(a) 10
because of the conviction. 11
Division 4 — Cancellation and disqualification: penalty points 12
Subdivision 1 — Penalty points register 13
34. Penalty points offences 14
(1) For the purposes of this Act, a penalty points offence is an 15
offence (other than a disqualification offence) — 16
(a) under this Act, the Taxi Act 1994 or the Transport 17
Co-ordination Act 1966 that is prescribed by the 18
regulations as a penalty points offence; or 19
(b) under the Tobacco Products Control Act 2006 that 20
relates to smoking in an enclosed place and is prescribed 21
by the regulations as a penalty points offence. 22
(2) A number of penalty points must be prescribed by the 23
regulations to apply in relation to each penalty points offence. 24
(3) Different numbers of penalty points may be prescribed that 25
apply in relation to a penalty points offence depending on any of 26
the following — 27
(a) whether the offence is a first or subsequent offence; 28
(b) the circumstances in which the offence is committed. 29
Taxi Drivers Licensing Bill 2013
Part 5 Suspension, cancellation and disqualification
Division 4 Cancellation and disqualification: penalty points
s. 35
page 30
35. Recording, expiry and cancellation of penalty points 1
(1) If the CEO becomes aware that a licensee, or a person who has 2
held a licence within the previous 3 years — 3
(a) has been convicted of a penalty points offence; or 4
(b) has been dealt with by infringement notice for an 5
alleged offence that is a penalty points offence, 6
the CEO must cause the penalty points offence, and the number 7
of penalty points that apply in relation to that offence, to be 8
recorded against that person in the penalty points register. 9
(2) Penalty points recorded against a person in the penalty points 10
register in relation to a penalty points offence or alleged penalty 11
points offence expire at the end of the period of 3 years after the 12
day on which the penalty points offence was committed or 13
allegedly committed. 14
(3) Penalty points recorded against a person in the penalty points 15
register on or before the day on which an excessive penalty 16
points notice is given to the person under section 38 are 17
cancelled when the notice is given. 18
36. Removal of penalty points from register 19
(1) The CEO must cause any penalty points recorded against a 20
person in the penalty points register to be removed from the 21
register — 22
(a) in the case of penalty points recorded under 23
section 35(1)(a) because a person has been convicted of 24
a penalty points offence — if the conviction is quashed 25
or set aside; or 26
(b) in the case of penalty points recorded under 27
section 35(1)(b) because an alleged penalty points 28
offence has been dealt with by infringement notice — if 29
the CEO is satisfied that — 30
(i) the infringement notice has been withdrawn; or 31
Taxi Drivers Licensing Bill 2013
Suspension, cancellation and disqualification Part 5
Cancellation and disqualification: penalty points Division 4
s. 37
page 31
(ii) proceedings under the Fines, Penalties and 1
Infringement Notices Enforcement Act 1994 2
Part 3 in relation to the infringement notice have 3
been withdrawn; or 4
(iii) the matter has come before a court for 5
determination. 6
(2) Penalty points removed from the penalty points register under 7
subsection (1) are to be taken never to have been recorded. 8
(3) Subsection (1)(b) does not prevent the penalty points removed 9
from being again recorded if the alleged offender is convicted of 10
the alleged offence. 11
(4) The regulations may provide for the adjustment of the penalty 12
points register, or make any other provision necessary or 13
convenient to be made, to deal with consequences of 14
subsection (1) in a case in which, before the penalty points are 15
removed from the penalty points register, anything has been 16
done on the basis that the penalty points were recorded. 17
(5) Regulations referred to in subsection (4) may provide for 18
penalty points cancelled under section 35(3) to be again 19
recorded against a person. 20
37. Penalty points register 21
(1) The CEO is to ensure that a penalty points register is maintained 22
in accordance with this section. 23
(2) There is to be recorded in the penalty points register — 24
(a) the name of each person against whom penalty points 25
are recorded under this Subdivision; and 26
(b) against the name of each person recorded in the penalty 27
points register — 28
(i) each offence or alleged offence for which 29
penalty points are recorded against the person 30
under section 35(1); and 31
Taxi Drivers Licensing Bill 2013
Part 5 Suspension, cancellation and disqualification
Division 4 Cancellation and disqualification: penalty points
s. 38
page 32
(ii) the day on which each offence or alleged offence 1
mentioned in subparagraph (i) was committed or 2
allegedly committed; and 3
(iii) the number of penalty points recorded against the 4
person for each offence or alleged offence 5
mentioned in subparagraph (i); and 6
(iv) if an excessive penalty points notice has been 7
given to the person under section 38 — the day 8
on which the notice was given, the number of 9
penalty points stated in the notice and the period 10
of disqualification stated in the notice; and 11
(v) if any penalty points recorded against the person 12
have expired under section 35(2) — the number 13
of penalty points that expired and the day on 14
which this occurred; and 15
(vi) if any penalty points recorded against the person 16
have been cancelled under section 35(3) — the 17
number of penalty points that were cancelled and 18
the day on which this occurred; and 19
(vii) if any penalty points recorded against the person 20
have been removed under section 36 — the 21
number of penalty points that have been 22
removed; 23
and 24
(c) anything else prescribed by the regulations. 25
Subdivision 2 — Cancellation and disqualification due to excessive 26
penalty points 27
38. Excessive penalty points notice 28
(1) The CEO must give a person a notice (an excessive penalty 29
points notice) as soon as is reasonably practicable after — 30
(a) the day on which the number of current penalty points 31
recorded against the person in the penalty points register 32
reaches at least 12, if the person, on that day, has 33
Taxi Drivers Licensing Bill 2013
Suspension, cancellation and disqualification Part 5
Cancellation and disqualification: penalty points Division 4
s. 38
page 33
continuously for at least the previous 12 months held a 1
licence that is in force; or 2
(b) the day on which the number of current penalty points 3
recorded against the person in the penalty points register 4
reaches at least 6, if the person, on that day — 5
(i) holds a licence, but has not continuously for at 6
least the previous 12 months held a licence that 7
is in force; or 8
(ii) does not hold a licence. 9
(2) An excessive penalty points notice given to a person must state 10
the following — 11
(a) if the person holds a licence — that the licence is 12
cancelled; 13
(b) that the person is disqualified from holding or obtaining 14
a licence; 15
(c) the period prescribed by the regulations for which the 16
person is disqualified; 17
(d) the day on which the notice is given; 18
(e) the number of current penalty points reached on that 19
day; 20
(f) the day on which the cancellation (if any) takes effect 21
and the period of disqualification commences. 22
(3) If the CEO gives a person an excessive penalty points notice — 23
(a) any licence held by the person is cancelled on the day 24
stated in the notice; and 25
(b) the person is disqualified from holding or obtaining a 26
licence for the period prescribed by the regulations. 27
(4) The regulations may prescribe periods of disqualification 28
(which may be permanent) for the purposes of subsection (3)(b). 29
Taxi Drivers Licensing Bill 2013
Part 5 Suspension, cancellation and disqualification
Division 5 General provisions
s. 39
page 34
(5) Different periods of disqualification may be prescribed 1
depending on any of the following — 2
(a) the number of current penalty points reached on the day 3
the notice is given; 4
(b) whether or not the person holds a licence that is in force, 5
or the length of time that the person has continuously 6
held a licence that is in force, when the notice is given; 7
(c) whether or not the person has previously been 8
disqualified under subsection (3)(b). 9
(6) The cancellation of a licence under subsection (3)(a) has effect 10
even if the licence is suspended when the notice is given. 11
(7) Nothing in this section prevents the commencement of a period 12
of disqualification from being postponed under section 39. 13
Division 5 — General provisions 14
39. Cumulative effect of disqualification 15
(1) This section applies if, when the period for which a person is 16
disqualified (the new disqualification period) under 17
section 33(2)(b) or 38(3)(b) would otherwise commence, the 18
person is already disqualified under either of those sections. 19
(2) The commencement of the new disqualification period is 20
postponed, and the disqualification does not have effect, until 21
the existing period of disqualification, and any period of 22
disqualification that commences subsequently, has ended. 23
(3) Postponing the commencement of the new disqualification 24
period does not reduce the new disqualification period. 25
Taxi Drivers Licensing Bill 2013
Suspension, cancellation and disqualification Part 5
General provisions Division 5
s. 40
page 35
40. Effect of permanent disqualification 1
If a person is permanently disqualified under section 33(2)(b) 2
or 38(3)(b), then despite any other provision of this Act, the 3
CEO is not required — 4
(a) to record penalty points against the person in the penalty 5
points register; or 6
(b) to give the person an excessive penalty points notice. 7
Taxi Drivers Licensing Bill 2013
Part 6 Enforcement
s. 41
page 36
Part 6 — Enforcement 1
41. Authorised officers 2
(1) For the purposes of this Act, an authorised officer is — 3
(a) a police officer; or 4
(b) a person designated by the CEO under subsection (2). 5
(2) The CEO may designate as an authorised officer a person 6
employed in, or engaged for the purposes of, the Department. 7
(3) The CEO must ensure that each authorised officer designated 8
under subsection (2) is issued with an identity card in the 9
approved form. 10
(4) An authorised officer designated under subsection (2) must — 11
(a) carry the officer’s identity card when performing 12
functions under this Act; and 13
(b) if it is practicable to do so, produce the officer’s identity 14
card before exercising a power under this Act. 15
(5) In any proceedings, the production of an identity card is 16
evidence of the designation under subsection (2) of the 17
authorised officer to whom the card relates. 18
42. Powers of authorised officers 19
(1) An authorised officer may exercise the powers set out in this 20
Part for the following purposes — 21
(a) to monitor compliance with this Act, the regulations or a 22
code of conduct approved under section 29; 23
(b) to investigate a suspected contravention of this Act or 24
the regulations; 25
(c) to investigate whether there are grounds for making a 26
suspension order or cancellation order. 27
Taxi Drivers Licensing Bill 2013
Enforcement Part 6
s. 42
page 37
(2) For purposes mentioned in subsection (1), an authorised officer 1
may do any or all of the following in relation to a vehicle — 2
(a) stop and detain the vehicle for as long as is reasonably 3
necessary; 4
(b) direct the person driving the vehicle to produce for 5
inspection either or both of the following — 6
(i) the person’s licence document; 7
(ii) the person’s driver’s licence; 8
(c) direct any person to alight from, or not to enter, the 9
vehicle; 10
(d) direct the person driving the vehicle, or any passenger, 11
to — 12
(i) give such information as is required; or 13
(ii) answer a question put to the person; or 14
(iii) state the person’s name and address; or 15
(iv) produce a document or record that is in the 16
person’s possession or under the person’s 17
control; 18
(e) inspect the vehicle; 19
(f) inspect, retain or make copies of any document or record 20
produced under paragraph (d)(iv). 21
(3) For purposes mentioned in subsection (1), an authorised officer 22
may do any or all of the following — 23
(a) direct a person mentioned in subsection (5) — 24
(i) to give such information as is required; or 25
(ii) to answer a question put to the person; 26
(b) direct a person mentioned in subsection (5) to produce a 27
document or record that is in the person’s possession or 28
under the person’s control; 29
(c) inspect, retain or make copies of any document or record 30
produced under paragraph (b). 31
Taxi Drivers Licensing Bill 2013
Part 6 Enforcement
s. 42
page 38
(4) For purposes mentioned in subsection (1), an authorised officer 1
may, in accordance with subsection (6), enter premises occupied 2
by a person mentioned in subsection (5) and do any or all of the 3
following at the premises — 4
(a) search the premises; 5
(b) operate a computer or other thing at the premises; 6
(c) make a copy of, take an extract from, download or print 7
out any document or record; 8
(d) seize a document or record and retain it for as long as is 9
reasonably necessary; 10
(e) direct the occupier of the place, or a person at the place, 11
to give the authorised officer such assistance as the 12
officer reasonably requires for purposes mentioned in 13
subsection (1). 14
(5) The powers in subsections (3) and (4) may be exercised in 15
relation to — 16
(a) a person who holds or has held a licence; or 17
(b) a person whom an authorised officer suspects on 18
reasonable grounds has driven a vehicle as a taxi; or 19
(c) a provider of a taxi dispatch service; or 20
(d) an owner or lessee of taxi plates issued under the Taxi 21
Act 1994 or a holder of a taxi-car licence issued under 22
the Transport Co-ordination Act 1966 Part IIIB; or 23
(e) a person who acts as an agent for a person referred to in 24
paragraph (d). 25
(6) The power to enter premises under subsection (4) must be 26
exercised — 27
(a) with the consent of the occupier; or 28
(b) under an entry warrant issued under section 44. 29
Taxi Drivers Licensing Bill 2013
Enforcement Part 6
s. 43
page 39
(7) Where under this section a person is directed to give any 1
information, answer any question or produce any document or 2
record — 3
(a) that person cannot refuse to comply with that direction 4
on the ground that the information, answer, document or 5
record may tend to incriminate the person or render the 6
person liable to any penalty; but 7
(b) the information or answer given, or document or record 8
produced, by the person is not admissible in evidence in 9
any criminal proceedings against the person other than 10
proceedings for perjury. 11
43. Application for entry warrant 12
(1) In this section — 13
remote communication means any way of communicating at a 14
distance including by telephone, fax, email and radio. 15
(2) A reference in this section to making an application includes a 16
reference to giving information in support of the application. 17
(3) An authorised officer may apply to a JP for an entry warrant 18
authorising the entry of a place for purposes mentioned in 19
section 42(1). 20
(4) The application must be made in accordance with this section 21
and must include the prescribed information (if any). 22
(5) An application must be made in person before a JP unless — 23
(a) the warrant is needed urgently; and 24
(b) the applicant reasonably suspects that a JP is not 25
available within a reasonable distance of the applicant, 26
in which case — 27
(c) the application may be made to the JP by remote 28
communication; and 29
(d) the JP must not grant it unless satisfied about the matters 30
in paragraphs (a) and (b). 31
Taxi Drivers Licensing Bill 2013
Part 6 Enforcement
s. 43
page 40
(6) An application must be made in writing unless — 1
(a) the application is made by remote communication; and 2
(b) it is not practicable to send the JP written material, 3
in which case — 4
(c) the application may be made orally; and 5
(d) the JP must make a written record of the application and 6
any information given in support of it. 7
(7) An application must be made on oath unless — 8
(a) the application is made by remote communication; and 9
(b) it is not practicable for the JP to administer an oath to 10
the applicant, 11
in which case — 12
(c) the application may be made in an unsworn form; and 13
(d) if the JP issues an entry warrant, the applicant must as 14
soon as is reasonably practicable send the JP an affidavit 15
verifying the application and any information given in 16
support of it. 17
(8) If on application made by remote communication a JP issues an 18
entry warrant, the JP must if practicable send a copy of the 19
original warrant to the applicant by remote communication, but 20
otherwise — 21
(a) the JP must send the applicant by remote 22
communication any information that must be set out in 23
the warrant; and 24
(b) the applicant must complete a form of warrant with the 25
information received and give the JP a copy of the form 26
as soon as is practicable after doing so; and 27
(c) the JP must attach a copy of the form to the original 28
warrant and any affidavit received from the applicant 29
and make them available for collection by the applicant. 30
Taxi Drivers Licensing Bill 2013
Enforcement Part 6
s. 44
page 41
(9) The copy of the original warrant sent, or the form of the warrant 1
completed, as the case may be, under subsection (8) has the 2
same force and effect as the original warrant. 3
(10) If an applicant contravenes subsection (7)(d) or (8)(b), any 4
evidence obtained under the entry warrant is not admissible in 5
proceedings in court or in the State Administrative Tribunal. 6
44. Issue and content of entry warrant 7
(1) On application under section 43, a JP may issue an entry 8
warrant if satisfied that it is necessary for an authorised officer 9
to enter a place for purposes mentioned in section 42(1). 10
(2) An entry warrant must contain the following information — 11
(a) a reasonably particular description of the place to which 12
it relates; 13
(b) a reasonably particular description of the purposes for 14
which entry is required; 15
(c) if a contravention of this Act or the regulations is 16
suspected — the provision concerned; 17
(d) the period during which it may be executed, which must 18
not be longer than 14 days; 19
(e) the name of the JP who issued it; 20
(f) the date and time when it was issued. 21
(3) An entry warrant must be in the prescribed form. 22
(4) If a JP refuses to issue an entry warrant, the JP must record on 23
the application the fact of, the date and time of, and the reasons 24
for, the refusal. 25
45. Effect of entry warrant 26
(1) An entry warrant has effect according to its content and this 27
section. 28
(2) An entry warrant comes into force when it is issued by a JP. 29
(3) An entry warrant may be executed by any authorised officer. 30
Taxi Drivers Licensing Bill 2013
Part 6 Enforcement
s. 46
page 42
46. Obstructing authorised officer or not complying with 1
direction 2
(1) A person must comply with a direction given by an authorised 3
officer under this Part. 4
Penalty: a fine of $2 500. 5
(2) A person must not hinder or obstruct an authorised officer in the 6
exercise of a function under this Part. 7
Penalty: a fine of $2 500. 8
Taxi Drivers Licensing Bill 2013
Exchange of information
Part 7
s. 47
page 43
Part 7 — Exchange of information 1
47. Terms used 2
In this Part — 3
disclose includes to provide, to release and to give access to; 4
driver’s licence information means — 5
(a) information about drivers’ licences including — 6
(i) details of the persons who have made 7
applications for or in relation to those licences; 8
and 9
(ii) details of the persons who hold or have held 10
those licences; and 11
(iii) information contained in a driver’s licence 12
register maintained under a driving authorisation 13
law; 14
or 15
(b) information about driving authorisations (other than 16
drivers’ licences) obtained by the road traffic Director 17
General from an authority of another State, a Territory, 18
or another country under a road law, 19
but does not include photographs or signatures provided in 20
connection with the grant of drivers’ licences or driving 21
authorisations; 22
infringement notice information means information about 23
infringement notices including information about the 24
following — 25
(a) the giving of an infringement notice to a person; 26
(b) the payment of an amount of money in accordance with 27
an infringement notice; 28
(c) the withdrawal of an infringement notice; 29
(d) a matter in relation to which an infringement notice was 30
issued coming before a court for determination; 31
Taxi Drivers Licensing Bill 2013
Part 7 Exchange of information
s. 47
page 44
(e) the registration of an infringement notice under the 1
Fines, Penalties and Infringement Notices Enforcement 2
Act 1994 Part 3; 3
(f) any withdrawal of proceedings under the Fines, 4
Penalties and Infringement Notices Enforcement 5
Act 1994 Part 3 in relation to the infringement notice; 6
interstate taxi authority means a person, agency or authority of 7
another State or a Territory that administers or performs 8
functions under an interstate taxi law; 9
interstate taxi law means a law of another State or a Territory 10
that deals with taxis or the authorisation of persons to drive 11
taxis; 12
law enforcement official means a person prescribed, or a person 13
of a class prescribed, by the regulations; 14
offence information means the following — 15
(a) details of the following — 16
(i) any offence with which a person has been 17
charged, or of which a person has been 18
convicted, in the State; 19
(ii) any penalty, suspension, cancellation or 20
disqualification resulting from such a conviction; 21
(b) any details the Commissioner of Police has of the 22
following — 23
(i) any offence with which a person has been 24
charged, or of which a person has been 25
convicted, elsewhere than in the State; 26
(ii) any penalty, suspension, cancellation or 27
disqualification resulting from such a conviction; 28
relevant person means a person who has applied for a licence, 29
holds a licence or has held a licence; 30
road law means — 31
(a) the Road Traffic Act 1974; 32
(b) the Road Traffic (Administration) Act 2008; 33
Taxi Drivers Licensing Bill 2013
Exchange of information
Part 7
s. 48
page 45
(c) the Road Traffic (Authorisation to Drive) Act 2008; 1
(d) the Road Traffic (Vehicles) Act 2012; 2
road traffic Director General — 3
(a) before the coming into operation of the Road Traffic 4
(Administration) Act 2008 section 4 — means the 5
Director General as defined in the Road Traffic Act 1974 6
section 5(1); or 7
(b) after the coming into operation of the Road Traffic 8
(Administration) Act 2008 section 4 — means the CEO 9
as defined in that section; 10
taxi driver licence information means information about 11
licences, including — 12
(a) details of the persons who have made applications under 13
this Act for or in relation to those licences; and 14
(b) details of the persons who hold or have held those 15
licences; and 16
(c) details of suspensions and cancellations of, and 17
disqualifications from holding or obtaining, those 18
licences; and 19
(d) details of charges and convictions for offences under 20
this Act; 21
traffic infringement notice information means details of the 22
instances in which a person has paid a penalty under an 23
infringement notice under a road law, obtained by the road 24
traffic Director General from the Commissioner of Police under 25
a road law. 26
48. Use of and access to information 27
The CEO may have access to and make use of the following for 28
the purposes of the performance of the CEO’s functions under 29
this Act but not for any other purpose — 30
(a) information disclosed to the CEO under this Part; 31
Taxi Drivers Licensing Bill 2013
Part 7 Exchange of information
s. 49
page 46
(b) photographs disclosed to the CEO under a driving 1
authorisation law. 2
49. Use of photographs 3
The CEO is authorised, for the purposes of producing a licence 4
document or an additional identification document in relation to 5
a licence (the taxi driver licence), to use any photograph that 6
was provided by the licensee — 7
(a) under a driving authorisation law in connection with the 8
grant of a driver’s licence or learner’s permit to the 9
licensee; and 10
(b) within 10 years before the taxi driver licence is granted. 11
50. Disclosure of information by CEO to Commissioner of 12
Police or other authorities 13
(1) The CEO must disclose the following information to the 14
Commissioner of Police — 15
(a) taxi driver licence information; 16
(b) any other information prescribed by the regulations. 17
(2) Information disclosed under subsection (1) — 18
(a) may be used in the performance of the Commissioner of 19
Police’s functions under a written law but not for any 20
other purpose; and 21
(b) may be disclosed by the Commissioner of Police to a 22
police officer for use in the performance of the functions 23
of that officer under this Act or another written law but 24
not for any other purpose. 25
(3) The CEO may disclose the following information to a body or 26
person with whom an agreement has been made under 27
section 58 if the CEO considers that the information is required 28
for the purposes of the performance of a function under the 29
agreement — 30
(a) taxi driver licence information; 31
Taxi Drivers Licensing Bill 2013
Exchange of information
Part 7
s. 51
page 47
(b) infringement notice information relating to any 1
infringement notice given for an alleged offence under 2
this Act; 3
(c) any information disclosed to the CEO under section 51 4
or by an interstate taxi authority; 5
(d) any other information prescribed by the regulations. 6
(4) The CEO may disclose the following information to a law 7
enforcement official if the CEO considers that the information is 8
required by the official for the purposes of the performance of 9
the official’s functions — 10
(a) taxi driver licence information; 11
(b) any other information prescribed by the regulations. 12
51. Disclosure of information to CEO by Commissioner of 13
Police or other authorities 14
(1) The Commissioner of Police must disclose the following 15
information to the CEO — 16
(a) offence information about a relevant person; 17
(b) any other information prescribed by the regulations. 18
(2) The road traffic Director General must disclose the following 19
information to the CEO — 20
(a) driver’s licence information about a relevant person; 21
(b) traffic infringement notice information about a relevant 22
person; 23
(c) any other information prescribed by the regulations. 24
(3) The Director General (as defined by the Taxi Act 1994 25
section 3(1)) must disclose the following information to the 26
CEO — 27
(a) information about any offence with which a relevant 28
person has been charged under the Taxi Act 1994; 29
Taxi Drivers Licensing Bill 2013
Part 7 Exchange of information
s. 52
page 48
(b) infringement notice information relating to any 1
infringement notice given to a relevant person for an 2
alleged offence under the Taxi Act 1994; 3
(c) any other information prescribed by the regulations. 4
(4) The Director General (as defined by the Transport 5
Co-ordination Act 1966 section 4(1)) must disclose the 6
following information to the CEO — 7
(a) information about any offence with which a relevant 8
person has been charged under the Transport 9
Co-ordination Act 1966; 10
(b) infringement notice information relating to any 11
infringement notice given to a relevant person for an 12
alleged offence under the Transport Co-ordination 13
Act 1966; 14
(c) any other information prescribed by the regulations. 15
52. Exchange of information between CEO and interstate taxi 16
authorities 17
(1) The CEO may disclose the following information to an 18
interstate taxi authority if the CEO considers that the 19
information is required by the authority for the purposes of the 20
performance of its functions — 21
(a) taxi driver licence information; 22
(b) infringement notice information relating to any 23
infringement notice given for an alleged offence under 24
this Act. 25
(2) If information disclosed under subsection (1) includes 26
information about an offence of which a person has been 27
convicted or an alleged offence for which a person has been 28
given an infringement notice, the CEO must also disclose to the 29
relevant authority — 30
(a) any quashing or setting aside of the conviction; or 31
Taxi Drivers Licensing Bill 2013
Exchange of information
Part 7
s. 53
page 49
(b) any withdrawal of the infringement notice or the matter 1
coming before a court for determination; or 2
(c) any withdrawal of proceedings under the Fines, 3
Penalties and Infringement Notices Enforcement 4
Act 1994 Part 3 in respect of the infringement notice; or 5
(d) anything else known to the CEO concerning the offence 6
or alleged offence the disclosure of which is likely to be 7
favourable to that person. 8
(3) The CEO may seek from an interstate taxi authority any 9
information that the CEO considers is required for the purposes 10
of the performance of the CEO’s functions under this Act. 11
53. Disclosures under this Part free of charge 12
A disclosure of information under this Part must be free of 13
charge. 14
54. Regulations may exempt information 15
The regulations may exempt specified information from any 16
requirement to disclose information under this Part. 17
Taxi Drivers Licensing Bill 2013
Part 8 Miscellaneous
s. 55
page 50
Part 8 — Miscellaneous 1
55. Reviewable decisions 2
(1) In this section — 3
reviewable decision means a decision of the CEO to — 4
(a) refuse to grant a licence under section 12 or 14; or 5
(b) impose conditions on a licence under section 16(1) 6
or (2); or 7
(c) refuse an application under section 17 for the variation 8
of the conditions of a licence; or 9
(d) vary the conditions of a licence under section 18 on the 10
CEO’s own initiative; or 11
(e) give a licensee a notice under section 21(2); or 12
(f) vary a notice under section 21(3)(b); or 13
(g) give a licensee a notice under section 22; or 14
(h) make a suspension order under section 30(1)(b) or (c); 15
or 16
(i) make a cancellation order under section 32. 17
(2) A person aggrieved by a reviewable decision may request the 18
CEO in writing to reconsider the decision. 19
(3) A request under subsection (2) must be made within 28 days 20
after the CEO gives the person notice under this Act of the 21
reviewable decision. 22
(4) On request under subsection (2), the CEO must reconsider the 23
decision and may confirm, alter or revoke the decision. 24
(5) A person aggrieved by a reviewable decision, or the decision 25
made by the CEO under subsection (4) on reconsidering a 26
reviewable decision, may apply to the State Administrative 27
Tribunal for a review of the decision by which the person is 28
aggrieved. 29
Taxi Drivers Licensing Bill 2013
Miscellaneous Part 8
s. 56
page 51
56. Training courses and tests 1
(1) The CEO may, for the purposes of each of 2
sections 12(1)(f), 18(1)(b) and 22(1), approve in writing either 3
or both of the following — 4
(a) one or more training courses; 5
(b) one or more tests. 6
(2) An approval under subsection (1) must — 7
(a) describe the training course or test; and 8
(b) specify the classes of person to whom the training 9
course or test applies; and 10
(c) if the approval is for the purposes of section 12(1)(f) 11
or 18(1)(b) — specify a period of time (the qualification 12
period) commencing on the successful completion of the 13
training course or test during which a person will be 14
considered to hold the competency demonstrated by the 15
successful completion of the training course or test. 16
(3) Without limiting subsection (1), the CEO may approve different 17
training courses or tests that apply to different classes of person 18
depending on any or all of the following — 19
(a) the conditions that apply, or the conditions that the 20
person wants to apply, to a licence that the person holds 21
or for which the person has applied; 22
(b) whether or not, and under what circumstances, the 23
person has previously been disqualified; 24
(c) whether or not the person holds a licence that is in force, 25
or the length of time that the person has continuously 26
held a licence that is in force. 27
(4) The CEO may approve a training course or test under 28
subsection (1) whether that training course or test is 29
administered by the CEO or by another person or body. 30
(5) The CEO may revoke an approval under subsection (1). 31
Taxi Drivers Licensing Bill 2013
Part 8 Miscellaneous
s. 57
page 52
(6) The CEO is authorised to administer, or cause to be 1
administered, any training course or test approved by the CEO 2
under subsection (1). 3
57. Delegation 4
(1) The CEO may delegate to a person any power or duty of the 5
CEO under another provision of this Act. 6
(2) The delegation must be in writing signed by the CEO. 7
(3) A person to whom a power or duty is delegated cannot delegate 8
that power or duty. 9
(4) A person exercising or performing a power or duty that has been 10
delegated to the person under this section is to be taken to do so 11
in accordance with the terms of the delegation unless the 12
contrary is shown. 13
(5) Nothing in this section limits the ability of the CEO to perform 14
a function through an officer or agent. 15
58. Agreements for performance of functions 16
(1) The CEO may enter into an agreement providing for the CEO’s 17
functions under this Act that are described in the agreement to 18
be performed on behalf of the CEO. 19
(2) The agreement may be with the Commissioner of Police, a local 20
government, or any other person or body, whether or not the 21
person or body has itself functions of a public nature. 22
(3) A function described in the agreement may be performed — 23
(a) in accordance with the agreement; and 24
(b) on and subject to the terms and conditions of the 25
agreement. 26
(4) If the performance of a function is dependent upon the opinion, 27
belief or state of mind of the CEO it may be performed under 28
the agreement upon the opinion, belief or state of mind of the 29
Taxi Drivers Licensing Bill 2013
Miscellaneous Part 8
s. 59
page 53
body or person with whom the agreement is made or another 1
person provided for in the agreement. 2
(5) For the purposes of this Act or any other written law, an act or 3
thing done by, to, by reference to, or in relation to, a body or 4
person in connection with the performance by that body or 5
person under the agreement of a function of the CEO is as 6
effectual as if it had been done by, to, by reference to, or in 7
relation to, the CEO. 8
59. Protection from personal liability 9
(1) An action in tort does not lie against a person for anything that 10
the person has done, in good faith, in the performance or 11
purported performance of a function under this Act. 12
(2) The Minister and the State are also relieved of any liability that 13
either of them might otherwise have had for another person 14
having done anything as described in subsection (1). 15
(3) The protection given by this section applies even though the 16
thing done as described in subsection (1) may have been 17
capable of being done whether or not this Act had been enacted. 18
(4) In this section, a reference to the doing of anything includes a 19
reference to an omission to do anything. 20
(5) To avoid doubt, subsection (1) applies to a function performed 21
pursuant to an agreement referred to in section 58. 22
60. Protection of people testing or examining or giving certain 23
information 24
(1) The protection given by this section is in addition to any 25
protection given by section 59. 26
(2) Proceedings for an offence are not to be brought against a 27
person for giving or reporting to the CEO, in good faith, an 28
opinion formed as a result of having administered a training 29
course or test for the purposes of this Act. 30
Taxi Drivers Licensing Bill 2013
Part 8 Miscellaneous
s. 61
page 54
(3) An action in tort does not lie against a person, and proceedings 1
for an offence are not to be brought against a person, for giving 2
or reporting to the CEO, in good faith, information that 3
discloses or suggests that — 4
(a) another person may be mentally or physically unfit to 5
drive a vehicle as a taxi; or 6
(b) another person may not be a fit and proper person to 7
hold a licence; or 8
(c) it may be dangerous to — 9
(i) grant a licence to another person; or 10
(ii) allow another person to hold a licence; or 11
(iii) vary, or not to vary, the conditions of a licence. 12
61. Publication of certain approvals 13
The CEO must ensure that an approval in force under any of the 14
following provisions is published on a website maintained by 15
the Department — 16
(a) section 24(1); 17
(b) section 25(1)(b) and (2); 18
(c) section 26; 19
(d) section 27(1) and (2); 20
(e) section 56(1). 21
62. Regulations 22
(1) The Governor may make regulations prescribing all matters that 23
are required or permitted by this Act to be prescribed, or are 24
necessary or convenient to be prescribed for giving effect to the 25
purposes of this Act. 26
(2) Without limiting subsection (1), regulations may be made as to 27
the following — 28
(a) the classes of vehicle that persons may be authorised to 29
drive as a taxi; 30
Taxi Drivers Licensing Bill 2013
Miscellaneous Part 8
s. 62
page 55
(b) applications under this Act; 1
(c) conferring power on the CEO to conduct any check 2
(including a criminal record check or traffic record 3
check) that the CEO considers appropriate as to the 4
character and background of a person for the purpose of 5
determining whether the person is a fit and proper 6
person to hold a licence; 7
(d) requiring an applicant for a licence to provide any 8
document (including a criminal record check or traffic 9
record check) or information relevant to whether the 10
applicant is a fit and proper person to hold a licence; 11
(e) requiring a licensee who has applied for the variation of 12
the conditions of the licence to provide any document 13
(including a criminal record check or traffic record 14
check) or information relevant to whether the variation 15
is appropriate in the circumstances; 16
(f) requiring a licensee from time to time to provide any 17
document (including a criminal record check or traffic 18
record check) or information relevant to whether the 19
licensee is a fit and proper person to hold a licence or to 20
whether the conditions of the licence are appropriate; 21
(g) the replacement of lost or stolen licence documents or 22
additional identification documents; 23
(h) requiring a licensee to surrender any document issued to 24
the licensee in connection with the licence; 25
(i) the grant of exemptions, with or without conditions, 26
from any requirement under this Act (including a 27
requirement to pay a fee or charge); 28
(j) records to be kept in relation to matters under this Act; 29
(k) the giving of notices or other documents under this Act 30
or the circumstances in which notices or other 31
documents under this Act are to be taken to have been 32
given; 33
Taxi Drivers Licensing Bill 2013
Part 8 Miscellaneous
s. 62
page 56
(l) fees and charges payable in relation to any matter under 1
this Act, including but not limited to — 2
(i) applications; 3
(ii) the grant of licences (including by way of 4
renewal); 5
(iii) the administration of any training course or test 6
by or on behalf of the CEO for the purposes of 7
this Act (including for failure to attend a training 8
course or test); 9
(iv) the variation of conditions of licences; 10
(v) the issue or replacement of licence documents or 11
additional identification documents; 12
(m) providing that a contravention of a regulation is an 13
offence and providing for a penalty not exceeding a fine 14
of $2 500. 15
Taxi Drivers Licensing Bill 2013
Transitional provisions Part 9
s. 63
page 57
Part 9 — Transitional provisions 1
63. Terms used 2
In this Part — 3
commencement day means the day on which Part 2 comes 4
operation under section 2(f); 5
endorsed with extension T, in relation to a driver’s licence, 6
means that the driver’s licence has been endorsed with 7
extension T in accordance with regulations made under a 8
driving authorisation law; 9
pre-commencement licence means a licence granted under 10
section 12 or 64 during the pre-commencement period; 11
pre-commencement period means the period beginning on 12
proclamation day and ending immediately before 13
commencement day; 14
proclamation day means the day fixed under section 2(b). 15
64. Grant of licences during pre-commencement period to 16
persons holding drivers’ licences endorsed with extension T 17
(1) An individual who holds a driver’s licence that is endorsed with 18
extension T may apply to the CEO for the grant of a taxi driver 19
licence under subsection (3). 20
(2) An application under subsection (1) must — 21
(a) be made on or before the day that is 5 months after 22
proclamation day; and 23
(b) be in the approved form; and 24
(c) specify — 25
(i) each class of vehicle that the applicant wants to 26
be authorised to drive as a taxi; and 27
(ii) each designated area in which the applicant 28
wants to be authorised to drive a vehicle as a 29
taxi; 30
Taxi Drivers Licensing Bill 2013
Part 9 Transitional provisions
s. 64
page 58
and 1
(d) be accompanied by the prescribed application fee (if 2
any). 3
(3) The CEO must, on application under subsection (1), grant the 4
applicant a licence during the pre-commencement period if the 5
CEO is satisfied that — 6
(a) the applicant holds a driver’s licence endorsed with 7
extension T; and 8
(b) the extension T endorsement has not lapsed because of a 9
failure to comply with a requirement under regulations 10
made under a driving authorisation law to provide a 11
written report of a medical examination; and 12
(c) for each applicable training course or test (if any) — 13
(i) the applicant has successfully completed the 14
training course or test; and 15
(ii) the qualification period has not expired since the 16
applicant completed the training course or test; 17
and 18
(d) the applicant meets any other criteria prescribed by the 19
regulations. 20
(4) Sections 19 and 55 apply to a decision made under 21
subsection (3) as if that decision were a decision made under 22
section 12. 23
(5) Section 56 applies to the approval of a training course or test for 24
the purposes of subsection (3)(c) — 25
(a) as if that approval were for the purposes of 26
section 12(1)(f); and 27
(b) as if the reference in section 56(3)(c) to the length of 28
time that the person has continuously held a licence that 29
is in force were a reference to the length of time that the 30
person has continuously held a driver’s licence that is in 31
force and is endorsed with extension T. 32
Taxi Drivers Licensing Bill 2013
Transitional provisions Part 9
s. 65
page 59
65. Section 64 licence taken to be taxi driver licence 1
On and after commencement day, a licence granted under 2
section 64 is to be taken, for the purposes of this Act (other than 3
this Part), to be a taxi driver licence granted under section 12. 4
66. Section 64 licence of no effect unless driver’s licence 5
endorsed with extension T at commencement day 6
A licence granted under section 64 is, by force of this section, of 7
no effect if, immediately before commencement day, the person 8
to whom the licence is granted no longer holds a driver’s licence 9
endorsed with extension T. 10
67. Special provisions about pre-commencement licences 11
Despite section 65 — 12
(a) section 15 applies in respect of a pre-commencement 13
licence as if — 14
(i) section 15(1) provided that the licence comes 15
into force on commencement day; and 16
(ii) section 15(2) provided that the expiry day was a 17
day specified by the CEO that is at least one 18
year, but no more than 2 years, after 19
commencement day; 20
and 21
(b) sections 17 and 18 apply during the pre-commencement 22
period in respect of a pre-commencement licence; and 23
(c) section 21(1)(b) applies in respect of a person to whom a 24
licence is granted under section 64 as if a written report 25
of a medical examination provided to the CEO before 26
commencement day in accordance with a requirement 27
under a driving authorisation law were an approved 28
medical report given to the CEO by the person in 29
accordance with a requirement under this Act; and 30
Taxi Drivers Licensing Bill 2013
Part 9 Transitional provisions
s. 68
page 60
(d) sections 33(6)(c) and 38(1) and (5)(b) apply in respect 1
of a person to whom a pre-commencement licence is 2
granted as if the person had continuously held a licence 3
that is in force during the total period that the person has 4
continuously held one of the following — 5
(i) a driver’s licence that is in force and is endorsed 6
with extension T; 7
(ii) a licence that is in force. 8
68. Driver’s licence may be endorsed with extension T if 9
pre-commencement licence granted 10
The Director General (as defined in the Road Traffic Act 1974) 11
may, during the pre-commencement period, make an 12
extension T endorsement on a person’s driver’s licence under a 13
driving authorisation law, despite the person not applying for 14
the endorsement, if — 15
(a) a pre-commencement licence is granted to the person 16
under section 12; and 17
(b) when the licence is granted, the person does not hold a 18
driver’s licence that is endorsed with extension T. 19
69. Application for extension T endorsement made before 20
proclamation day 21
On and after proclamation day, an application made under a 22
driving authorisation law for a driver’s licence to be endorsed 23
with extension T that was made but not decided before 24
proclamation day is to be taken, for the purposes of this Act, to 25
be an application for a taxi driver licence made under 26
section 11. 27
Taxi Drivers Licensing Bill 2013
Consequential amendments Part 10
Road Traffic Act 1974 amended Division 1
s. 70
page 61
Part 10 — Consequential amendments 1
Division 1 — Road Traffic Act 1974 amended 2
70. Act amended 3
This Division amends the Road Traffic Act 1974. 4
71. Section 42E amended 5
After section 42E(6) insert: 6
7
(7A) Subsection (6) does not apply to a person who 8
reproduces a photograph provided under this section — 9
(a) as a result of its disclosure under section 44AD; 10
and 11
(b) in the administration of the Taxi Drivers 12
Licensing Act 2013. 13
14
72. Section 44AA amended 15
In section 44AA insert in alphabetical order: 16
17
CEO (taxi drivers licensing) means the CEO as 18
defined in the Taxi Drivers Licensing Act 2013 19
section 3(1); 20
21
73. Section 44AD inserted 22
At the end of Part IVA Division 4A insert: 23
24
44AD. Disclosure to CEO (taxi drivers licensing) 25
The Director General may disclose photographs to the 26
CEO (taxi drivers licensing) for the purposes of the 27
Taxi Drivers Licensing Bill 2013
Part 10 Consequential amendments
Division 2 Road Traffic (Authorisation to Drive) Act 2008 amended
s. 74
page 62
performance of the functions of the CEO (taxi drivers 1
licensing) under the Taxi Drivers Licensing Act 2013. 2
3
Division 2 — Road Traffic (Authorisation to Drive) 4
Act 2008 amended 5
74. Act amended 6
This Division amends the Road Traffic (Authorisation to Drive) 7
Act 2008. 8
75. Section 9 amended 9
After section 9(7) insert: 10
11
(8) Subsection (7) does not apply to a person who 12
reproduces a photograph provided under this section — 13
(a) as a result of its disclosure under section 11E; 14
and 15
(b) in the administration of the Taxi Drivers 16
Licensing Act 2013. 17
18
76. Section 11B amended 19
In section 11B insert in alphabetical order: 20
21
CEO (taxi drivers licensing) means the CEO as 22
defined in the Taxi Drivers Licensing Act 2013 23
section 3(1); 24
25
Taxi Drivers Licensing Bill 2013
Consequential amendments Part 10
Road Traffic Legislation Amendment Act 2012 amended Division 3
s. 77
page 63
77. Section 11E inserted 1
At the end of Part 2 Division 3A insert: 2
3
11E. Disclosure to CEO (taxi drivers licensing) 4
The CEO may disclose photographs to the CEO (taxi 5
drivers licensing) for the purposes of the performance 6
of the functions of the CEO (taxi drivers licensing) 7
under the Taxi Drivers Licensing Act 2013. 8
9
Division 3 — Road Traffic Legislation Amendment 10
Act 2012 amended 11
78. Act amended 12
This Division amends the Road Traffic Legislation Amendment 13
Act 2012. 14
79. Section 191 deleted 15
Delete section 191. 16
Division 4 — State Administrative Tribunal Act 2004 amended 17
80. Act amended 18
This Division amends the State Administrative Tribunal 19
Act 2004. 20
81. Schedule 1 amended 21
In Schedule 1 insert in alphabetical order: 22
23
Taxi Drivers Licensing Act 2013 24
25
Taxi Drivers Licensing Bill 2013
Part 10 Consequential amendments
Division 5 Taxi Act 1994 amended
s. 82
page 64
Division 5 — Taxi Act 1994 amended 1
82. Act amended 2
This Division amends the Taxi Act 1994. 3
83. Section 16 amended 4
After section 16(8)(c) insert: 5
6
(da) any conviction of an applicant of an offence, or 7
any infringement notice given to an applicant 8
(and not later withdrawn) in respect of an 9
alleged offence, under the Taxi Drivers 10
Licensing Act 2013 or an Act of another State 11
or a Territory corresponding to that Act; and 12
13
84. Section 29 amended 14
Delete section 29(1)(e) and insert: 15
16
(e) complaint resolution; 17
(f) steps to be taken by the provider to ensure that 18
the taxi dispatch services that it provides are 19
not used by taxi drivers who do not hold 20
licences granted under the Taxi Drivers 21
Licensing Act 2013, 22
23
85. Section 40 amended 24
In section 40: 25
(a) delete: 26
27
(h) regulating the conduct and behaviour of taxi 28
drivers in relation to the provision of taxi 29
services; 30
31
Taxi Drivers Licensing Bill 2013
Consequential amendments Part 10
Transport Co-ordination Act 1966 amended Division 6
s. 86
page 65
(b) delete: 1
2
(k) regulating the circumstances under which a driver 3
may refuse to accept a passenger or may 4
terminate a hiring; 5
6
Division 6 — Transport Co-ordination Act 1966 amended 7
86. Act amended 8
This Division amends the Transport Co-ordination Act 1966. 9
87. Section 47ZE deleted 10
Delete section 47ZE. 11
88. Section 47ZF amended 12
In section 47ZF(1): 13
(a) delete paragraph (q); 14
(b) in paragraph (u) delete “and holders of taxi-car drivers’ 15
licences”. 16
Taxi Drivers Licensing Bill 2013
Part 11 Repeals
s. 89
page 66
Part 11 — Repeals 1
89. Part 10 Division 1 repealed if not commenced 2
If Part 10 Division 1 of this Act does not come into operation 3
under section 2(c)(ii) of this Act, delete Part 10 Division 1 on 4
the day fixed under section 2(b). 5
90. Part 10 Division 3 repealed if not commenced 6
If Part 10 Division 3 of this Act does not come into operation 7
under section 2(e)(ii) of this Act, delete Part 10 Division 3 on 8
the day on which section 87 comes into operation under 9
section 2(f). 10
11
Taxi Drivers Licensing Bill 2013
Defined terms
page 67
Defined terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined term Provision(s)
additional identification document................................................................... 3(1)
applicable training course or test ..................................................................... 3(1)
approved .......................................................................................................... 3(1)
approved medical report .................................................................................. 3(1)
authorised officer ............................................................................................. 3(1)
cancellation order .................................................................................. 3(1), 32(1)
CEO ................................................................................................................. 3(1)
class ................................................................................................................. 3(1)
commencement day ........................................................................................... 63
Commissioner of Police ................................................................................... 3(1)
conviction ........................................................................................................ 3(1)
criminal record check ....................................................................................... 3(1)
current penalty points ....................................................................................... 3(1)
dealt with by infringement notice .................................................................... 3(1)
Department ...................................................................................................... 3(1)
designated area ................................................................................................. 3(1)
disclose ............................................................................................................... 47
disqualification offence .................................................................................... 3(1)
disqualified ...................................................................................................... 3(1)
drive a vehicle as a taxi .................................................................................... 3(1)
driver ................................................................................................................ 9(1)
driver’s licence ................................................................................................. 3(1)
driver’s licence information ................................................................................ 47
driving authorisation ........................................................................................ 3(1)
driving authorisation law ................................................................................. 3(1)
endorsed with extension T .................................................................................. 63
excessive penalty points notice ............................................................. 3(1), 38(1)
expiry day ...................................................................................................... 15(2)
foreign driving authorisation ............................................................................ 3(1)
identifying details .......................................................................................... 10(1)
infringement notice .......................................................................................... 3(1)
infringement notice information ......................................................................... 47
interstate taxi authority ....................................................................................... 47
interstate taxi law ................................................................................................ 47
law enforcement official ..................................................................................... 47
learner’s permit ................................................................................................ 3(1)
licence .............................................................................................................. 3(1)
licence document ............................................................................................. 3(1)
licensee ............................................................................................................ 3(1)
Taxi Drivers Licensing Bill 2013
Defined terms
page 68
medical practitioner ......................................................................................... 3(1)
new disqualification period ............................................................................ 39(1)
notifiable condition .......................................................................................... 3(1)
offence information ............................................................................................. 47
Part 4 ..................................................................................................................... 2
penalty points offence ...................................................................................... 3(1)
penalty points register ...................................................................................... 3(1)
pre-commencement licence ................................................................................ 63
pre-commencement period .................................................................................. 63
proclamation day............................................................................................. 2, 63
provider ............................................................................................................ 3(1)
qualification period ............................................................................... 3(1), 56(2)
relevant person .................................................................................................... 47
remote communication .................................................................................. 43(1)
reviewable decision ........................................................................................ 55(1)
road law .............................................................................................................. 47
road traffic Director General ............................................................................... 47
suspended ......................................................................................................... 3(1)
suspension order ................................................................................... 3(1), 30(1)
taxi dispatch service ......................................................................................... 3(1)
taxi driver licence....................................................................................... 3(1), 49
taxi driver licence information ............................................................................ 47
test .................................................................................................................... 3(1)
traffic infringement notice information ............................................................... 47
traffic record check .......................................................................................... 3(1)