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TASMANIA
__________
TAXI AND LUXURY HIRE CAR INDUSTRIES
(CONSEQUENTIAL AMENDMENTS) BILL 2008
__________
CONTENTS
1. Short title
2. Commencement
3. Consequential amendments
4. Effect of certain amendments
Schedule 1 Consequential Amendments
[Bill 45]-I
2
TAXI AND LUXURY HIRE CAR INDUSTRIES
(CONSEQUENTIAL AMENDMENTS) BILL 2008
(Brought in by the Minister for Infrastructure, the Honourable
Graeme Lindsay Sturges)
A BILL FOR
An Act to amend certain Acts and statutory rules
consequential on the enactment of the Taxi and Luxury
Hire Car Industries Act 2008
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:
1. Short title
This Act may be cited as the Taxi and Luxury
Hire Car Industries (Consequential
Amendments) Act 2008.
2. Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
3. Consequential amendments
The legislation specified in Schedule 1 is
amended as specified in that Schedule.
[Bill 45] 3
Taxi and Luxury Hire Car Industries (Consequential
Amendments) Act 2008
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4. Effect of certain amendments
The amendment by this Act of a provision of any
regulations, rules or by-laws made under any Act
does not prevent that provision or any other
provision of those regulations, rules or by-laws
from being amended or rescinded by any
subsequent regulations, rules or by-laws.
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Taxi and Luxury Hire Car Industries (Consequential
Amendments) Act 2008
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SCHEDULE 1 CONSEQUENTIAL AMENDMENTS
Section 3
Annulled Convictions Act 2003
1. Section 7(1) is amended by omitting "Taxi and
Luxury Hire Car Industries Act 1995" from
paragraph (b) of the definition of "traffic
offence" and substituting "Taxi and Luxury Hire
Car Industries Act 2008".
Litter Act 2007
1. Section 3 is amended as follows:
(a) by omitting the definition of "luxury hire
car" and substituting the following
definition:
"luxury hire car" means a vehicle in
respect of which a luxury hire car
licence is in force under the Taxi
and Luxury Hire Car Industries
Act 2008;
(b) by omitting the definition of "taxi" and
substituting the following definition:
"taxi" has the same meaning as in the
Taxi and Luxury Hire Car
Industries Act 2008;
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Taxi and Luxury Hire Car Industries (Consequential
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Passenger Transport Act 1997
1. Section 3 is amended as follows:
(a) by omitting the definition of "luxury hire
car" and substituting the following
definition:
"luxury hire car" means a luxury hire
car in respect of which a luxury
hire car licence is in force under
the Taxi and Luxury Hire Car
Industries Act 2008;
(b) by omitting the definition of "taxi" and
substituting the following definitions:
"taxi" has the same meaning as in the
Taxi and Luxury Hire Car
Industries Act 2008;
"taxi licence" means a licence in force
under Part 3 of the Taxi and
Luxury Hire Car Industries Act
2008;
"taxi licence number plate" means a
licence number plate issued in
respect of a taxi licence.
2. Section 4 is amended by omitting "Taxi and
Luxury Hire Car Industries Act 1995" and
substituting "Taxi and Luxury Hire Car
Industries Act 2008".
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Taxi and Luxury Hire Car Industries (Consequential
Amendments) Act 2008
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3. Section 11(3) is amended as follows:
(a) by omitting from paragraph (a) "licensed
and operated in accordance with the Taxi
and Luxury Hire Car Industries Act
1995" and substituting "operated under
the authority of a taxi licence in
accordance with the Taxi and Luxury
Hire Car Industries Act 2008";
(b) by omitting from paragraph (ab)
"licensed and operated as a luxury hire
car in accordance with the Taxi and
Luxury Hire Car Industries Act 1995"
and substituting "operated under the
authority of a luxury hire car licence in
accordance with the Taxi and Luxury
Hire Car Industries Act 2008".
4. Section 15A(1) is amended as follows:
(a) by omitting from paragraph (b) "over."
and substituting "over; and";
(b) by inserting the following paragraph after
paragraph (b):
(c) if the vehicle has a taxi licence
number plate affixed, the taxi
licence number plate is covered.
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Taxi and Luxury Hire Car Industries (Consequential
Amendments) Act 2008
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sch. 1
5. Section 16 is amended as follows:
(a) by omitting subsection (1) and
substituting the following subsection:
(1) In this section
"taxi zone" has the same
meaning as in the Taxi
and Luxury Hire Car
Industries Act 2008.
(b) by omitting from subsection (2) "public
passenger vehicle that is not a taxi" and
substituting "vehicle that is not a taxi";
(c) by omitting from subsection (2)(a) "on a
taxi rank" and substituting "in a taxi
zone";
(d) by inserting the following subsections
after subsection (2):
(3) Without limiting the matters that
may constitute describing a
vehicle as a taxi, taxi-cab or cab,
the following may be taken as
describing a vehicle as a taxi,
taxi-cab or cab:
(a) the fitting of a top-light
sign bearing the word
"taxi", "cab" or similar;
(b) the fitting of a taximeter
in the vehicle;
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Taxi and Luxury Hire Car Industries (Consequential
Amendments) Act 2008
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(c) the display of the words
"taxi", "cab" or similar on
the exterior of the vehicle.
(4) It is a defence in proceedings
under subsection (2)(b) for the
defendant to show that the
vehicle was approved for use as a
taxi but was not operating as a
taxi under the authority of a taxi
licence at that time.
6. Clause 1(ab) of Schedule 2 is amended by
omitting "would be classifiable as a luxury
vehicle for the purposes of Part 4A of the Taxi
and Luxury Hire Car Industries Reform Act
1999" and substituting "would be classified as a
luxury hire car for the purposes of the Taxi and
Luxury Hire Car Industries Act 2008".
Passenger Transport Regulations 2000
1. Regulation 7 is amended by omitting paragraphs
(c) and (d) and substituting the following
paragraph:
(c) sections 12, 26, 43, 61, 71, 95 and 96 of
the Taxi and Luxury Hire Car Industries
Act 2008.
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Taxi and Luxury Hire Car Industries (Consequential
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Traffic (Road Rules) Regulations 1999
1. Regulation 352(1) is amended as follows:
(a) by omitting from paragraph (a) "Taxi and
Luxury Hire Car Industries Act 1995"
and substituting "Taxi and Luxury Hire
Car Industries Act 2008";
(b) by omitting from paragraph (b) "Taxi
and Luxury Hire Car Industries Act
1995" and substituting "Taxi and Luxury
Hire Car Industries Act 2008".
2. Schedule 6 is amended by omitting clause 10
from Division 1 of Part 2 and substituting:
10. Taxi
A vehicle is declared to be a taxi for the
Road Rules if it is operating as a taxi
under the authority of a taxi licence in
force under the Taxi and Luxury Hire
Car Industries Act 2008.
Transport Act 1981
1. Section 6(1)(c) is amended by omitting "Taxi
and Luxury Hire Car Industries Act 1995" and
substituting "Taxi and Luxury Hire Car
Industries Act 2008".
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Taxi and Luxury Hire Car Industries (Consequential
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2. Section 22(1)(a) is amended by omitting "Taxi
and Luxury Hire Car Industries Act 1995" and
substituting "Taxi and Luxury Hire Car
Industries Act 2008".
3. Section 28A is repealed.
Vehicle and Traffic (Driver Licensing and Vehicle
Registration) Regulations 2000
1. Regulation 3(1) is amended as follows:
(a) by inserting the following definition after
the definition of "loss assessor":
"luxury hire car" has the same
meaning as in the Taxi and
Luxury Hire Car Industries Act
2008;
(b) by inserting the following definition after
the definition of "small passenger
vehicle":
"taxi" has the same meaning as in the
Taxi and Luxury Hire Car
Industries Act 2008;
2. Regulation 85(3)(a) is amended by omitting
subparagraphs (ii) and (iii) and substituting the
following subparagraphs:
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Taxi and Luxury Hire Car Industries (Consequential
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(ii) a public passenger vehicle that is used or
intended to be used as a taxi in
accordance with the Taxi and Luxury
Hire Car Industries Act 2008; or
(iii) a public passenger vehicle in respect of
which a luxury hire car licence is in force
under the Taxi and Luxury Hire Car
Industries Act 2008; or
Vehicle and Traffic Act 1999
1. Section 49(7) is amended by omitting "Taxi and
Luxury Hire Car Industries Act 1995" from
paragraph (b) of the definition of "related Act"
and substituting "Taxi and Luxury Hire Car
Industries Act 2008".
Workers Rehabilitation and Compensation Act 1988
1. Section 3(2) is amended by omitting "Subject to
section 26A(1) of the Taxi and Luxury Hire Car
Industries Act 1995 and for" and substituting
"For".
2. Section 4DA is amended as follows:
(a) by omitting from subsection (2) "where"
and substituting "if";
(b) by omitting "Taxi and Luxury Hire Car
Industries Act 1995" from the definition
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Taxi and Luxury Hire Car Industries (Consequential
Amendments) Act 2008
Act No. of
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of "licensee" in subsection (3) and
substituting "Taxi and Luxury Hire Car
Industries Act 2008";
(c) by omitting the definition of "luxury hire
car" from subsection (3) and substituting
the following definition:
"luxury hire car" means a vehicle in
respect of which a luxury hire car
licence is in force under the Taxi
and Luxury Hire Car Industries
Act 2008.
3. Section 4DB is amended as follows:
(a) by omitting from subsection (1) "the taxi
is, while driving the vehicle" and
substituting "a taxi service provided
under the authority of a taxi licence is,
while driving the taxi";
(b) by omitting from subsection (2) "where"
and substituting "if";
(c) by omitting subsection (3) and
substituting the following subsection:
(3) In this section
"responsible operator"
means
(a) in respect of a
perpetual taxi
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Taxi and Luxury Hire Car Industries (Consequential
Amendments) Act 2008
Act No. of
sch. 1
licence within the
meaning of the
Taxi and Luxury
Hire Car
Industries Act
2008
(i) if an
assignment
or leasing
arrangement
is in force
under
section 11
of that Act,
the person
who, by
virtue of
that section,
is the
responsible
operator; or
(ii) if no such
assignment
or leasing
arrangement
is in force,
the owner of
the
perpetual
taxi licence;
or
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Taxi and Luxury Hire Car Industries (Consequential
Amendments) Act 2008
Act No. of
sch. 1
(b) in respect of an
owner-operator
taxi licence,
wheelchair-
accessible taxi
licence or
temporary taxi
licence within the
meaning of the
Taxi and Luxury
Hire Car
Industries Act
2008, the holder
of that licence;
"taxi" has the same meaning
as in the Taxi and Luxury
Hire Car Industries Act
2008;
"taxi licence" means a licence
in force under Part 3 of
the Taxi and Luxury Hire
Car Industries Act 2008.
Government Printer, Tasmania 15