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This is a Bill, not an Act. For current law, see the Acts databases.
COMMERCIAL PASSENGER VEHICLES LEGISLATION AMENDMENT ACT 2006
Serial 32
Commercial Passenger
Vehicles Legislation Amendment Bill 2006
Dr
Burns
AN ACT
to
amend legislation relating to commercial passenger vehicles
NORTHERN TERRITORY OF
AUSTRALIA
COMMERCIAL PASSENGER VEHICLES LEGISLATION
AMENDMENT ACT 2006
____________________
Act No. [ ] of 2006
____________________
TABLE OF PROVISIONS
Section
NORTHERN TERRITORY
OF AUSTRALIA
____________________
Act No. [ ] of 2006
____________________
AN ACT
[Assented to 2006]
[Second reading 2006]
The Legislative Assembly of the Northern Territory enacts
as follows:
PART
1 – PRELIMINARY MATTERS
Short title
This Act may be cited as the Commercial Passenger
Vehicles Legislation Amendment Act 2006.
PART
2 – AMENDMENT OF COMMERCIAL PASSENGER
(ROAD) TRANSPORT ACT
Principal Act amended
This Part amends the Commercial Passenger (Road)
Transport Act.
Amendment of section 3 (Interpretation)
Section 3(1) –
insert (in alphabetical order)
"disqualifying offence" means –
(a) an offence against a law of the Territory prescribed by
the Regulations; or
(b) an offence against a law, or a repealed law, of the
Territory or another jurisdiction (including a jurisdiction outside Australia)
that substantially corresponds to an offence referred to in
paragraph (a);
Amendment of section 9 (Consideration of
application)
(1) Section 9(3)(b), (c) and (d) –
omit, substitute
(b) has been convicted of a disqualifying offence;
or
(c) is otherwise considered by the Director not a fit and
proper person to hold, or continue to hold, an accreditation.
(2) After section 9(3) –
insert
(3A) Subsection (3)(b) –
(a) applies regardless of when the offence was committed;
but
(b) does not apply if –
(i) the person's criminal record for the conviction is a
spent record within the meaning of the Criminal Records (Spent Convictions)
Act; or
(ii) the person was discharged without any penalty being
imposed for the conviction.
(3B) Subsection (3)(b) does not apply to the renewal of a
person's accreditation in relation to the person's conviction of a disqualifying
offence if –
(a) the Chief Executive Officer has previously decided
under
this Act the person may hold, or continue to
hold, the accreditation despite the conviction; or
(b) the Local Court has, after the commencement of this
subsection, decided under this Act the person may hold, or continue to hold, the
accreditation despite the conviction.
(3C) The Director must have regard to the following in
considering whether the person is fit and proper for subsection
(3)(c):
(a) whether or not the person has shown a pattern of
committing offences;
(b) any other circumstances concerning the person that the
Director considers relevant.
(3) Section 9(5) –
omit, substitute
(5) The Director must give written notice of a decision
under this section to the applicant for the accreditation or renewal of
accreditation.
Amendment of section 75 (Cancellation or suspension of
accreditation or licence)
(1) After section 75(3) –
insert
(3A) In addition, the Director must have regard to the
following in considering whether the accredited person or holder of a licence is
fit and proper for subsection (2):
(a) whether or not the accredited person or holder has
shown a pattern of committing offences;
(b) any other circumstances concerning the accredited
person or holder that the Director considers relevant.
(2) After section 75(5) –
insert
(6) A cancellation or suspension under this section takes
effect 7 days after the day of the decision of the cancellation or
suspension.
(7) The Director must give written notice of a decision
under this section to the person for whom the decision is made.
(8) The Territory is not liable for any loss or damage
suffered by a person because of a decision under this section.
New sections 75A to 75D
After section 75, in Part 10 –
insert
75A. Cancellation
of accreditation for disqualifying offence
(1) The Director must cancel the accreditation of an
accredited operator on becoming aware the operator was convicted of a
disqualifying offence (whether or not the conviction occurred after the
commencement of this section).
(2) Subsection (1) does not apply if
–
(a) the operator's criminal record for the conviction is a
spent record within the meaning of the Criminal Records (Spent Convictions)
Act; or
(b) the operator was discharged without any penalty being
imposed for the conviction.
(3) If the conviction occurs on or after the commencement
of this section, subsection (1) does not apply if –
(a) the Chief Executive Officer has previously decided under
this Act the operator may hold, or continue to hold, the accreditation despite
the conviction; or
(b) the Local Court has previously decided under this Act
the operator may hold, or continue to hold, the accreditation despite the
conviction.
(4) If the conviction occurred before the commencement of
this section, subsection (1) applies –
(a) whether or not the Director or a person designated by
the Director had previously decided under this Act the operator may hold, or
continue to hold, the accreditation despite the conviction; and
(b) whether or not the Local Court had previously decided
under this Act the operator may hold, or continue to hold, the accreditation
despite the conviction; and
(c) whether or not the conviction had been taken into
account in any decision under this Act to accredit the operator or renew the
operator's accreditation.
(5) The Director must give written notice to the operator
of the decision.
(6) The cancellation takes effect 7 days after the day of
the decision.
(7) The lodging of an appeal against the conviction does
not affect the operation of this section.
(8) However, if the appeal is successful, the operator's
accreditation is taken to be in force again on the decision on the
appeal.
(9) The Territory is not liable for any loss or damage
suffered by the operator because of the decision.
(10) This section applies despite section
75.
75B. Suspension
of accreditation for disqualifying offence
(1) If an accredited operator is charged with a
disqualifying offence, the Director may suspend the accreditation for the period
the Director considers appropriate.
(2) The Director must give written notice to the operator
of the decision.
(3) The suspension takes effect 7 days after the day of the
decision.
(4) If the operator is not convicted of the disqualifying
offence, the operator's accreditation is taken to be in force again on the
decision on the charge.
(5) The Territory is not liable for any loss or damage
suffered by the operator because of the decision.
(6) This section applies despite section
75.
75C. Accredited
operator to notify Director about charge for disqualifying
offence
(1) An accredited operator must immediately give written
notice to the Director if the operator is charged with a disqualifying
offence.
Penalty: 100 penalty units.
(2) Immediately after a court has dealt with the charge,
the operator must give written notice to the Director of the outcome of the
charge.
Penalty: 100 penalty units.
75D. Inquiries
about fitness to hold accreditation
(1) The Director may make inquiries about a person for
deciding whether the person is fit and proper to hold, or continue to hold, an
accreditation.
(2) For subsection (1), the Director may request the
Commissioner of Police to provide the Director with the
following:
(a) a written report of the criminal history for the
person;
(b) other evidence in relation to the character of the
person.
(3) Subject to other laws in force in the Territory, the
Commissioner of Police must comply with the request.
(4) For subsection (2)(a), the criminal history of a person
is that which is –
(a) in the possession of the Commissioner of Police;
or
(b) ordinarily accessible to the Commissioner through
arrangements with the police service of another jurisdiction, including a
jurisdiction outside Australia.
Repeal and substitution of section 76
Section 76 –
repeal, substitute
76. Reviews
by Chief Executive Officer for disqualifying offences
(1) This section applies to a person if
–
(a) under section 9, the Director refuses the person's
application for an accreditation or the renewal of an accreditation because the
person has been convicted of a disqualifying offence; or
(b) under section 75A, the Director cancels the person's
accreditation because the person has been convicted of a disqualifying offence;
or
(c) under section 75B, the Director suspends the person's
accreditation because the person has been charged with a disqualifying
offence.
(2) The person may request the Chief Executive Officer to
review the decision to decide whether there are any exceptional circumstances
that warrant the person holding, or continuing to hold, an accreditation despite
the conviction or charge.
(3) The request must –
(a) be made within 28 days after the person receives notice
of the Director's decision; and
(b) state the circumstances the person considers to be
exceptional as referred to in subsection (2).
(4) On the review, the Chief Executive Officer must confirm
or revoke the Director's decision.
(5) The Chief Executive Officer must give the person
written notice of the Chief Executive Officer's decision and the reasons for
it.
(6) Section 77 applies (with the necessary changes) to the
Chief Executive Officer's decision.
(7) Without limiting subsection (6), section 77 applies as
if a reference to the Director were a reference to the Chief Executive
Officer.
(8) On and after the revocation of the cancellation or
suspension by the Chief Executive Officer, the person's accreditation is taken
to be in force again.
(9) If the Chief Executive Officer acts with reasonable
timeliness in relation to the review of the cancellation or suspension of a
person's accreditation, the Territory is not liable for any loss or damage
suffered by the person because of the cancellation or
suspension.
(10) If –
(a) the Chief Executive Officer revokes the Director's
decision to refuse an application referred to in subsection (1)(a);
and
(b) the Director did not refuse the application under
section 9(3)(a)
or (c) (or both),
the Chief Executive Officer must substitute the Director's
decision for the application and direct the Director to accredit the person or
renew the person's accreditation (as the case requires).
(11) The Director must comply with the request as soon as
possible.
(12) The Chief Executive Officer may make procedural
guidelines for reviews under this section.
Amendment of section 77 (Appeal to Local
Court)
(1) Section 77(3) and (4) –
omit, substitute
(3) If a person is entitled to have a decision reviewed
under
section 76, the person must first exhaust the
remedy under that section before applying under subsection (1) in relation to
the decision.
(4) Without limiting subsection (3), the person must first
exhaust the remedy under section 76 before applying under subsection (1) if
–
(a) the person may seek a review under section 76 of a
decision arising from a particular provision in this Act (for example, a refusal
to accredit the person because of section 9(3)(b)); and
(b) the person may also apply under subsection (1) in
relation to the decision because it also arose from another provision in this
Act (for example, if the refusal is also based on section
9(3)(c)).
(4A) The application for the appeal must be made
–
(a) within 28 days after –
(i) if subsection (3) does not apply – notice of the
decision is given to the person; or
(ii) if subsection (3) applies – notice of the
decision under section 76 is given to the person; or
(b) as otherwise decided by the Court if satisfied it is
just and reasonable to do so in the circumstances.
(2) Section 77(8) –
omit, substitute
(8) An appeal must be by way of hearing de
novo.
PART
3 – AMENDMENT OF MOTOR VEHICLES
ACT
Principal Act amended
This Part amends the Motor Vehicles
Act.
Amendment of section 5 (Interpretation)
Section 5(1) –
insert (in alphabetical order)
"disqualifying offence" has the same meaning as in the
Commercial Passenger (Road) Transport Act;
New section 11AA
After section 11 –
insert
11AA. Inquiries
about fitness to hold commercial passenger vehicle licence
(1) The Registrar may make inquiries about a person for
deciding whether the person is fit and proper to hold, or continue to hold, a
licence to drive a commercial passenger vehicle.
(2) For subsection (1), the Registrar may request the
Commissioner of Police to provide the Registrar with the
following:
(a) a written report of the criminal history for the
person;
(b) other evidence in relation to the character of the
person.
(3) Subject to other laws in force in the Territory, the
Commissioner of Police must comply with the request.
(4) For subsection (2)(a), the criminal history of a person
is that which is –
(a) in the possession of the Commissioner of Police;
or
(b) ordinarily accessible to the Commissioner through
arrangements with the police service of another jurisdiction, including a
jurisdiction outside Australia.
Amendment of section 102 (Refusal, cancellation or suspension
of authorities)
(1) After section 102(2) –
insert
(2AA) The Registrar must not grant or renew a
licence to drive a commercial passenger vehicle if the applicant has been
convicted of a disqualifying offence.
(2AB) Subsection (2AA) –
(a) applies regardless of when the offence was committed and
despite subsection (2); but
(b) does not apply if –
(i) the applicant's criminal record for the conviction is a
spent record within the meaning of the Criminal Records (Spent Convictions)
Act; or
(ii) the applicant was discharged without any penalty being
imposed for the conviction.
(2AC) Subsection (2AA) does not apply to the
renewal of a person's licence in relation to the person's conviction of a
disqualifying offence if –
(a) the Chief Executive Officer has previously decided
under
this Act the person may hold, or continue to
hold, the licence despite the conviction; or
(b) the Local Court has, after the commencement of this
subsection, decided under this Act the person may hold, or continue to hold, the
licence despite the conviction.
(2) Section 102(6) –
omit, substitute
(6) A cancellation or suspension of a licence to drive a
commercial passenger vehicle takes effect 7 days after the day of the decision
of the cancellation or suspension.
(7) The Registrar must give written notice of a decision
under this section to the person for whom the decision is made.
(8) The Territory is not liable for any loss or damage
suffered by a person because of a decision under this section.
New sections 102AAA to 102AAD
After section 102 –
insert
102AAA. Cancellation
of licence to drive commercial passenger vehicle for
disqualifying
offence
(1) The Registrar must cancel the licence of a licensee to
drive a commercial passenger vehicle on becoming aware the licensee was
convicted of a disqualifying offence (whether or not the conviction occurred
after the commencement of this section).
(2) Subsection (1) does not apply if
–
(a) the licensee's criminal record for the conviction is a
spent record within the meaning of the Criminal Records (Spent Convictions)
Act; or
(b) the licensee was discharged without any penalty being
imposed for the conviction.
(3) If the conviction occurs on or after the commencement
of this section, subsection (1) does not apply if –
(a) the Chief Executive Officer has previously decided under
this Act the licensee may hold, or continue to hold, the licence despite the
conviction; or
(b) the Local Court has previously decided under this Act
the licensee may hold, or continue to hold, the licence despite the
conviction.
(4) If the conviction occurred before the commencement of
this section, subsection (1) applies –
(a) whether or not the Registrar had previously decided
under this Act the licensee may hold, or continue to hold, the licence despite
the conviction; and
(b) whether or not the Local Court had previously decided
under this Act the licensee may hold, or continue to hold, the licence despite
the conviction; and
(c) whether or not the conviction had otherwise been taken
into account in any decision under this Act to grant the licence to the licensee
or renew the licence.
(5) The Registrar must give written notice to the licensee
of the decision.
(6) The cancellation takes effect 7 days after the day of
the decision.
(7) The lodging of an appeal against the conviction does
not affect the operation of this section.
(8) However, if the appeal is successful, the licence is
taken to be in force again on the decision on the appeal.
(9) The Territory is not liable for any loss or damage
suffered by the licensee because of the decision.
(10) This section applies despite section
102.
102AAB. Suspension
of licence to drive commercial passenger vehicle for
disqualifying offence
(1) If a licensee under a licence to drive a commercial
passenger vehicle is charged with a disqualifying offence, the Registrar may
suspend the licence for the period the Registrar considers
appropriate.
(2) The Registrar must give written notice to the licensee
of the decision.
(3) The suspension takes effect 7 days after the day of the
decision.
(4) If the licensee is not convicted of the disqualifying
offence, the licence is taken to be in force again on the decision on the
charge.
(5) The Territory is not liable for any loss or damage
suffered by the licensee because of the decision.
(6) This section applies despite section
102.
102AAC. Reviews
by Chief Executive Officer for disqualifying offences
(1) This section applies to a person if
–
(a) under section 102(2AA), the Registrar refuses the
person's application for a licence or the renewal of a licence to drive a
commercial passenger vehicle because the person has been convicted of a
disqualifying offence; or
(b) under section 102AAA, the Registrar cancels the person's
licence to drive a commercial passenger vehicle because the person has been
convicted of a disqualifying offence; or
(c) under section 102AAB, the Registrar suspends the
person's licence to drive a commercial passenger vehicle because the person has
been charged with a disqualifying offence.
(2) The person may request the Chief Executive Officer to
review the decision to decide whether there are any exceptional circumstances
that warrant the person holding, or continuing to hold, a licence to drive a
commercial passenger vehicle despite the conviction or charge.
(3) The request must –
(a) be made within 28 days after the person receives notice
of the Registrar's decision; and
(b) state the circumstances the person considers to be
exceptional as referred to in subsection (2).
(4) On the review, the Chief Executive Officer must decide
to confirm or revoke the Registrar's decision.
(5) The Chief Executive Officer must give the person
written notice of the Chief Executive Officer's decision and the reasons for
it.
(6) On and after the revocation of the cancellation or
suspension by the Chief Executive Officer, the person's licence is taken to be
in force again.
(7) If the Chief Executive Officer acts with reasonable
timeliness in relation to the review of the cancellation or suspension of a
person's licence, the Territory is not liable for any loss or damage suffered by
the person because of the cancellation or suspension.
(8) If –
(a) the Chief Executive Officer revokes the Registrar's
decision to refuse an application referred to in subsection (1)(a);
and
(b) the Registrar did not refuse the application because of
one or more provisions in this Act (other than section 102(2AA)) or the
Regulations,
the Chief Executive Officer must substitute the Registrar's
decision for the application and direct the Registrar to grant the licence to
the person or renew the person's licence (as the case
requires).
(9) The Registrar must comply with the request as soon as
possible.
(10) The Chief Executive Officer may make procedural
guidelines for reviews under this section.
102AAD. Appeal
to Local Court
(1) This section applies to a person (the "aggrieved
person") who is aggrieved by –
(a) a decision under section 102 to refuse to grant,
transfer or renew a licence, permit or registration other than a refusal
under
section 102(2AA); or
(b) a decision under section 102 to cancel, suspend or
restrict the use of a licence to drive a commercial passenger vehicle;
or
(c) a decision under section 102 to impose a condition on a
licence granted or renewed under section 10; or
(d) a decision under section 102AAC confirming
–
(i) the Registrar's decision to refuse to grant or renew a
licence to drive a commercial passenger vehicle; or
(ii) the Registrar's decision to suspend a licence to drive
a commercial passenger vehicle; or
(iii) the cancellation of a licence to drive a commercial
passenger vehicle; or
(e) a decision under regulation 9A(1) of the Motor
Vehicles Regulations to refuse to grant or renew a licence to drive a
commercial passenger vehicle.
(2) The aggrieved person may appeal to the Local Court
against the decision.
(3) If a person is entitled to have a decision reviewed
under
section 102AAC, the person must first exhaust the
remedy under that section before applying under subsection (1) in relation to
the decision.
(4) Without limiting subsection (3), the person must first
exhaust the remedy under section 102AAC before applying under subsection (1) if
–
(a) the person may seek a review under section 102AAC of a
decision arising from a particular provision in this Act (for example, a refusal
to grant a licence to the person because of
section
102(2AA)); and
(b) the person may also apply under subsection (1) in
relation to the decision because it also arose from another provision in this
Act (for example, if the refusal is also based on regulation 9A(a)(i) of the
Motor Vehicles Regulations).
(5) The application for the appeal must be made
–
(a) within 28 days after –
(i) if subsection (3) does not apply – notice of the
decision is given to the person; or
(ii) if subsection (3) applies – notice of the
decision under section 102AAC is given to the person; or
(b) as otherwise decided by the Court if satisfied it is
just and reasonable to do so in the circumstances.
(6) The appeal must be by way of hearing de
novo.
(7) The Court must confirm the decision, or revoke it and
substitute its own decision.
(8) At the hearing of the appeal, the Court may make an
order about costs it considers appropriate.
New section 114
After section 113 –
insert
114. Commercial
passenger vehicle licensee to notify Registrar about charge
for disqualifying
offence
(1) A licensee under a licence to drive a commercial
passenger vehicle must immediately give written notice to the Registrar if the
licensee is charged with a disqualifying offence.
Penalty: 100 penalty units.
(2) Immediately after a court has dealt with the charge,
the licensee must give written notice to the Registrar of the outcome of the
charge.
Penalty: 100 penalty units.
New section 137C
After section 137B –
insert
137C. Acquisition
on just terms
If, but for this section, property is acquired under this
Act other than on just terms –
(a) the person from whom the property is acquired is
entitled to receive the compensation necessary to ensure the acquisition is on
just terms; and
(b) a court of competent jurisdiction may determine the
amount of compensation or make the orders it considers necessary to ensure the
acquisition is on just terms.
PART
4 – AMENDMENT OF Commercial Passenger
(Miscellaneous) Regulations
Principal Regulations amended
This Part amends the Commercial Passenger
(Miscellaneous) Regulations.
New regulation 7
After regulation 6 –
insert
7. Disqualifying
offences
For paragraph (a) of the definition of "disqualifying
offence" in section 3(1) of the Act, the offences stated in Schedule 3 are
prescribed.
New Schedule 3
After Schedule 2 –
insert
Regulation 7
DISQUALIFYING
OFFENCES
An offence against any of the following provisions of the
Criminal Code:
1. Section 125B (Possession of child abuse
material)
2. Section 125C (Publishing indecent articles) if the
article is indecent because it portrays a child who is under, or who looks like
he or she is under, 16 years of age
3. Section 125E (Using child for production of child abuse
material or pornographic or abusive performance)
4. Section 127 (Sexual intercourse or gross indecency
involving child under 16 years)
5. Section 128 (Sexual intercourse or gross indecency
involving child over 16 years under special care)
6. Section 130 (Sexual intercourse or gross indecency by
provider of services to mentally ill or handicapped person)
7. Section 131 (Attempts to procure child under 16
years)
8. Section 131A (Sexual relationship with
child)
9. Section 132 (Indecent dealing with child under 16
years)
10. Section 134(2) or (3) (Incest)
11. Section 162 (Murder)
12. Section 165 (Attempt to murder)
13. Section 177 (Acts intended to cause grievous harm or
prevent apprehension)
14. Section 181 (Grievous harm)
15. Section 182 (Attempting to injure by explosive
substances)
16. Section 188(1) (Common assault) if
section 188(2)(k) applies
17. Section 192 (Sexual intercourse and gross indecency
without consent)
18. Section 192B (Coerced sexual
self-manipulation)
19. Section 194 (Kidnapping for ransom)
20. Section 201 (Abduction, enticement or detention of child
under 16 years for immoral purpose)
21. Section 202B (Sexual servitude)
22. Section 202C (Conducting business involving sexual
servitude)
23. Section 202D (Deceptive recruiting for sexual
services)
24. Section 211 (Robbery)
An offence against any of the following provisions of the
Prostitution Regulation Act:
1. Section 13 (Causing or inducing infant to take part in
prostitution)
2. Section 14 (Allowing infant to take part in
prostitution)
3. Section 15 (Obtaining payment in respect of prostitution
services provided by infant)
4. Section 16 (Entering into agreement for provision of
prostitution services by infant)
PART
5 – AMENDMENT OF motor vehicles
Regulations
Principal Regulations amended
This Part amends the Motor Vehicles
Regulations.
Amendment of regulation 9A (Fitness to hold
licence)
(1) Regulation 9A –
omit
The Registrar
substitute
(1) The Registrar
(2) Regulation 9A, at the end –
insert
(2) The Registrar must have regard to the following in
considering whether a person is fit and proper for subregulation (1)(a)(i) or
(b)(i):
(a) whether or not the person has shown a pattern of
committing offences;
(b) any other circumstances concerning the person that the
Registrar considers relevant.
____________________________
___________________
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