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TASMANIA
__________
PASSENGER TRANSPORT AMENDMENT
BILL (No. 2) 2002
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 4A inserted
4A. Application of Act
6. Section 15A amended (Using taxis for limited passenger
services)
7. Section 16D amended (Application for accreditation)
8. Section 16J amended (Accreditation Register)
9. Section 16P amended (Suspension and cancellation)
10. Section 16R repealed
11. Section 20 amended (Applications to provide regular
passenger transport services)
12. Section 24 amended (Regulations)
13. Vehicle and Traffic Act 1999 amended
[Bill 56]-III
2
PASSENGER TRANSPORT AMENDMENT
BILL (No. 2) 2002
(Brought in by the Minister for Infrastructure, the
Honourable James Glennister Cox)
A BILL FOR
An Act to amend the Passenger Transport Act 1997
and make a related amendment to the Vehicle and
Traffic Act 1999
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
Short title
1. This Act may be cited as the Passenger Transport
Amendment Act 2002.
Commencement
2. This Act commences on the day on which this Act
receives the Royal Assent.
Principal Act
3. In this Act, the Passenger Transport Act 1997* is
referred to as the Principal Act.
*No. 52 of 1997
[Bill 56] 3
s. 4 No. Passenger Transport Amendment (No. 2002
2)
Section 3 amended (Interpretation)
4. Section 3 of the Principal Act is amended as follows:
(a) by omitting "hiring out" from paragraph (b) of
the definition of "public passenger service" and
substituting "the hiring out of";
(b) by inserting the following paragraph after
paragraph (b) in the definition of "public
passenger service":
(ba) any transport service that involves
the provision of a large passenger
vehicle, together with a driver, to
carry passengers; or
(c) by omitting the definition of "public passenger
vehicle" and substituting the following
definition:
"public passenger vehicle" means
(a) a motor vehicle that is used
or intended to be used for
the purpose of carrying
passengers for reward; or
(b) a large passenger vehicle
that does not have an
exemption under section 8;
(d) by omitting ", that is designed and constructed
primarily for the carriage of passengers" from
the definition of "small passenger vehicle".
Section 4A inserted
5. After section 4 of the Principal Act, the following
section is inserted in Part 1:
4
2002 Passenger Transport Amendment (No. No. s. 6
2)
Application of Act
4A. This Act does not apply to an ambulance, or
ambulance service, within the meaning of the
Ambulance Service Act 1982.
Section 15A amended (Using taxis for limited
passenger services)
6. Section 15A(1) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (b) "over; and" and
substituting "over.";
(b) by omitting paragraph (c).
Section 16D amended (Application for
accreditation)
7. Section 16D(5) of the Principal Act is amended by
omitting paragraph (g) and substituting the following
paragraphs:
(g) taxi service;
(h) limited passenger service;
(i) prescribed transport service.
Section 16J amended (Accreditation Register)
8. Section 16J(4) of the Principal Act is amended by
omitting "Registrar" and substituting "Commission or a
delegate of the Commission".
5
s. 9 No. Passenger Transport Amendment (No. 2002
2)
Section 16P amended (Suspension and cancellation)
9. Section 16P of the Principal Act is amended as follows:
(a) by omitting subsection (1) and substituting the
following subsection:
(1) The Commission may impose
probationary status on a person's
accreditation, suspend the accreditation for a
period not exceeding 6 months or cancel the
accreditation, if
(a) the person or, if applicable, the
person's responsible officer has
been found guilty of a
disqualifying offence; or
(b) the Commission is satisfied on
reasonable grounds that
(i) the person, being required to
have a responsible officer for
the purposes of the
accreditation, no longer has
such an officer; or
(ii) the person is not a fit and
proper person to hold the
accreditation or, if
applicable, the person's
responsible officer is not a fit
and proper person to be such
an officer; or
(iii) the person or, if applicable,
the person's responsible
officer has failed to comply
with the conditions of the
accreditation; or
6
2002 Passenger Transport Amendment (No. No. s. 9
2)
(iv) the continued provision of
the accredited service poses
a risk to public safety; or
(v) in the case of public
passenger service
accreditation, the person has
provided a category of
service not authorised under
the accreditation; or
(vi) in the case of probation, the
Commission has grounds
under another provision of
this Act for imposing that
status on the accreditation.
(b) by inserting the following subsection after
subsection (2):
(2A) Accreditation remains valid while it
has probationary status but the Commission,
in its absolute discretion, may impose
restrictions on the accreditation by varying or
adding to its conditions.
(c) by omitting from subsection (4) "cancellation
or suspension" and substituting "cancellation,
suspension or imposition of probationary
status";
(d) by omitting subsection (5) and substituting the
following subsections:
(5) The Commission may at any time
revoke the imposition of probationary status
on an accreditation if it is satisfied that the
status is no longer merited and, on the
revocation, may remove or ameliorate any
7
s. 10 No. Passenger Transport Amendment (No. 2002
2)
restrictions imposed on the accreditation
under subsection (2A).
(5A) The Commission may at any time
revoke the suspension of an accreditation if it
is satisfied that the suspension is no longer
merited.
Section 16R repealed
10. Section 16R of the Principal Act is repealed.
Section 20 amended (Applications to provide regular
passenger transport services)
11. Section 20 of the Principal Act is amended as follows:
(a) by omitting from subsection (2) "by contract
under section 18." and substituting "under
government contract.";
(b) by omitting from subsection (3)(b) "by contract
under section 18" and substituting "under
government contract";
(c) by inserting the following subsection after
subsection (4):
(5) In this section, "government
contract" means a contract entered into with
the Commission, the Minister or another agent
of the Crown.
Section 24 amended (Regulations)
12. Section 24 of the Principal Act is amended as follows:
8
2002 Passenger Transport Amendment (No. No. s. 13
2)
(a) by omitting from subsection (2)(i) "regulation"
and substituting "review, regulation";
(b) by omitting paragraph (m) from subsection (2)
and substituting the following paragraphs:
(m) the regulation, control and
termination of regular passenger
service contracts;
(n) the conditions of regular passenger
transport contracts, including the
prescription of conditions
providing for their termination
and other matters that are to be
taken to be contained in such
contracts;
(o) the payment of compensation to
persons who may be
disadvantaged or otherwise
affected by this Act or actions
taken pursuant to this Act, and
the arbitration and resolution of
disputes concerning such
compensation;
(p) the service of documents.
(c) by omitting subsection (7).
Vehicle and Traffic Act 1999 amended
13. Section 7(1) of the Vehicle and Traffic Act 1999 is
amended by omitting "this Act." and substituting "this or
any other Act.".
Government Printer, Tasmania 9