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TASMANIA
__________
TAXI AND LUXURY HIRE CAR INDUSTRIES
AMENDMENT BILL 2003
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 4 substituted
4. Intent and objects of Act
6. Part 2, Division 3 substituted
Division 3 Establishing assessed market value
11. Valuer-General to determine and review
assessed market value
7. Section 13 amended (Funds for taxi areas)
8. Section 17 amended (Administration of funds for buy
back of licences)
9. Section 19 amended (Issue of perpetual taxi licences)
10. Section 20 substituted
20. Requirements for issue of perpetual taxi licences
11. Section 21 amended (Effect of perpetual taxi licences)
12. Part 4B inserted
PART 4B Wheelchair-Accessible Taxi Licences
23L. Interpretation of Part 4B
23M. Wheelchair-accessible taxi licences
[Bill 85]-IX
23N. Number of WAT licences to be made available
23O. Application for wheelchair-accessible taxi licence
23P. Issue and commencement of licences
23Q. Variation of WAT licence conditions
23R. Passenger quotas
23S. Transfer of WAT licences
23T. Cancellation and suspension of WAT licences
23U. Delivering up of WAT licences
23V. General offences
13. Section 27 amended (Regulations)
14. Schedule 4 repealed
15. Schedules 6 and 7 inserted
Schedule 6 Requirements for Wheelchair-accessible
Taxis
Schedule 7 Number of wheelchair-accessible taxi
licences
2
TAXI AND LUXURY HIRE CAR INDUSTRIES
AMENDMENT BILL 2003
(Brought in by the Minister for Infrastructure, the
Honourable James Glennister Cox)
A BILL FOR
An Act to amend the Taxi and Luxury Hire Car
Industries Act 1995
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 Taxi and Luxury Hire Car
Industries Amendment Act 2003.
Commencement
2. This Act commences on a day to be proclaimed.
Principal Act
3. In this Act, the Taxi and Luxury Hire Car Industries
Act 1995* is referred to as the Principal Act.
*No. 27 of 1995
[Bill 85] 3
s. 4 No. Taxi and Luxury Hire Car Industries 2003
Amendment
Section 3 amended (Interpretation)
4. Section 3 of the Principal Act is amended as follows:
(a) by inserting the following definition after the
definition of "application date":
"assessed market value" means the
assessed market value of a
perpetual taxi licence determined
in accordance with section 11;
(b) by omitting the definition of "capped value";
(c) by inserting the following definition after the
definition of "perpetual taxi licence":
"radio room" means a room or other
area used for
(a) accepting bookings for taxis
from members of the public;
and
(b) transmitting messages by
telecommunication to taxis;
Section 4 substituted
5. Section 4 of the Principal Act is repealed and the
following section is substituted:
Intent and objects of Act
4. (1) The intent of this Act is, in respect of taxi
services, to ensure the provision of a safe, demand-
responsive, taxi transport system in Tasmania that
adequately meets the needs of various groups in the
4
2003 Taxi and Luxury Hire Car Industries No. s. 5
Amendment
community in an orderly and commercially viable
manner.
(2) The objects of this Act are as follows, in
respect of each taxi area:
(a) to ensure safe operating conditions for
passengers and drivers;
(b) to ensure appropriate minimum quality
standards in the taxi industry;
(c) to ensure the availability of adequate
standard taxi services at reasonable
prices;
(d) to enable variation in taxi services to
meet community demands at prices
determined by market forces.
(3) The intent of this Act is, in respect of
luxury hire car services, to ensure the provision of a
safe, high-quality, personal hire transport system.
(4) The objects of this Act are as follows, in
respect of luxury hire car services:
(a) to ensure safe operating conditions for
passengers and drivers;
(b) to ensure appropriate minimum quality
standards in the luxury hire car
industry at a premium to standard taxis;
(c) to clarify the respective roles of taxis
and luxury hire cars.
5
s. 6 No. Taxi and Luxury Hire Car Industries 2003
Amendment
Part 2, Division 3 substituted
6. Division 3 of Part 2 of the Principal Act is repealed and
the following Division is substituted:
Division 3 Establishing assessed market value
Valuer-General to determine and review
assessed market value
11. (1) The Valuer-General is to determine the
assessed market value, as at 1 July 2003, of a
perpetual taxi licence in each taxi area, excluding
any goodwill associated with membership of a radio
room.
(2) As at 1 July in every third year after
1 July 2003, the Valuer-General is to
(a) review the assessed market value in
each taxi area; and
(b) adjust each assessed market value in
accordance with that review.
(3) The assessed market value in each taxi
area is to be set out in the regulations.
Section 13 amended (Funds for taxi areas)
7. Section 13(1) of the Principal Act is amended by
omitting paragraph (a).
6
2003 Taxi and Luxury Hire Car Industries No. s. 8
Amendment
Section 17 amended (Administration of funds for
buy back of licences)
8. Section 17 of the Principal Act is amended by omitting
subsection (4) and substituting the following subsection:
(4) In seeking tenders, the Commission must
state that the maximum price to be paid for buy
back will be the assessed market value.
Section 19 amended (Issue of perpetual taxi
licences)
9. Section 19 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "may" and
substituting "must";
(b) by omitting subsections (2) and (3) and
substituting the following subsections:
(2) Before 31 March in each year, the
Commission must make available for issue in
each taxi area an additional number of
perpetual taxi licences equivalent to
(a) 5% of the number of perpetual taxi
licences in force in that area,
rounded to the nearest whole
number; or
(b) one perpetual taxi licence
whichever is the greater.
(3) A perpetual taxi licence made
available under subsection (2) is to be offered
for sale by tender.
7
s. 9 No. Taxi and Luxury Hire Car Industries 2003
Amendment
(4) The Commission must not accept a
tender that is less than the assessed market
value in a particular taxi area.
(5) If, in any taxi area
(a) the average tender price for those
perpetual taxi licences sold
exceeds the assessed market value
for that licence by more than 10%;
and
(b) all available licences for that area
are sold
the Commission must make available a
number of licences, calculated in accordance
with subsection (2), for sale by further tender
as soon as practicable.
(6) If a licence made available under
this section is not sold by tender, the licence
may be sold for the assessed market value at
any time before the next year's tender.
(7) Subject to subsection (8), this section
commences 2 years after the day on which the
Taxi and Luxury Hire Car Industries
Amendment Act 2003 commences.
(8) The Minister, by notice, may
suspend the application of this section once for
a maximum of one year after the expiration of
the 2-year period referred to in subsection (7)
in respect of a taxi area, if the Minister is
satisfied that the requirements of Part 1, 1.2
of Schedule 1 to the Disability Standards for
Accessible Public Transport 2002, formulated
under section 31(1) of the Disability
Discrimination Act 1992 of the
8
2003 Taxi and Luxury Hire Car Industries No. s. 10
Amendment
Commonwealth, have not been met in respect
of that area.
Section 20 substituted
10. Section 20 of the Principal Act is repealed and the
following section is substituted:
Requirements for issue of perpetual taxi
licences
20. The Commission must not issue a new
perpetual taxi licence for a taxi area unless the
applicant has been given information on the
operation of a taxi business as mentioned in section
26.
Section 21 amended (Effect of perpetual taxi
licences)
11. Section 21(a) of the Principal Act is amended by
omitting "or carrying parcels not exceeding 50 kg in the
aggregate in that area".
Part 4B inserted
12. After section 23K of the Principal Act, the following
Part is inserted:
PART 4B WHEELCHAIR-ACCESSIBLE TAXI
LICENCES
Interpretation of Part 4B
23L. In this Part
9
s. 12 No. Taxi and Luxury Hire Car Industries 2003
Amendment
"motor vehicle" means a motor vehicle
within the meaning of the Vehicle and
Traffic Act 1999;
"registered" means registered under the
Vehicle and Traffic Act 1999;
"small passenger vehicle" means a motor
vehicle with a seating capacity of less
than 13 adults, including the driver,
that is designed and constructed
primarily for the carriage of passengers;
"WAT licence" means a wheelchair-
accessible taxi licence;
"wheelchair-accessible taxi" means a small
passenger vehicle
(a) in respect of which a licence issued
under this Part is in force; and
(b) which is in accordance with
Schedule 6.
Wheelchair-accessible taxi licences
23M. (1) The Commission may issue persons with
licences, called wheelchair-accessible taxi licences,
in respect of small passenger vehicles.
(2) A WAT licence authorises the small
passenger vehicle specified in the licence to ply or
stand for hire within, to or from a public street in
the taxi area to which the licence relates for the
purpose of carrying passengers or parcels in that
area.
10
2003 Taxi and Luxury Hire Car Industries No. s. 12
Amendment
(3) A WAT licence does not prevent the vehicle
specified in the licence from being used for private
purposes and any other purposes authorised by
virtue of its registration under the Vehicle and
Traffic Act 1999.
(4) The holder of a WAT licence must not lease
that licence to another person.
Penalty: Fine not exceeding 10 penalty units.
Number of WAT licences to be made available
23N. (1) The initial numbers of WAT licences to be
made available are specified in Schedule 7.
(2) The Commission is to make available WAT
licences in addition to those shown in Schedule 7 if
(a) after the initial release of WAT licences
the Commission is satisfied that the
response times for wheelchair-accessible
taxis are not at least equivalent to the
response times for perpetual taxis in a
particular taxi area; or
(b) application is made to the Commission
for a WAT licence to be issued in a taxi
area not specified in Schedule 7.
(3) If not all the licences specified in
Schedule 7 are allocated within the period specified
in that Schedule, the Commission is to make the
unallocated licences available again after the
expiration of the period.
11
s. 12 No. Taxi and Luxury Hire Car Industries 2003
Amendment
Application for wheelchair-accessible taxi
licence
23O. (1) A person may apply to the Commission for
a WAT licence.
(2) An application is to be
(a) lodged with the Commission; and
(b) made on a form that the Commission
has provided or approved for the
purpose; and
(c) accompanied by the prescribed fee; and
(d) supported by such information or
evidence as the Commission requires.
Issue and commencement of licences
23P. (1) The Commission is to issue an applicant
with a WAT licence in respect of a motor vehicle if
the Commission
(a) is satisfied that the vehicle is a
registered small passenger vehicle; and
(b) determines that the vehicle meets
prescribed specifications as a suitable
motor vehicle for operation as a
wheelchair-accessible taxi.
(2) The licence may be issued on such
conditions as the Commission determines, having
regard to the objects of this Act in respect of
wheelchair-accessible taxi services, including
conditions relating to
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2003 Taxi and Luxury Hire Car Industries No. s. 12
Amendment
(a) the area in which the vehicle may
operate as a wheelchair-accessible taxi;
and
(b) the availability of the vehicle to
wheelchair-reliant persons; and
(c) the condition or standard of the vehicle.
(3) A WAT licence takes effect on the day on
which it is issued and, unless forfeited or
surrendered in accordance with this Part, it
(a) remains in force for a period of 10 years
from that day; and
(b) is renewable, at the discretion of the
Commission.
(4) A new or renewed WAT licence is to be
issued for a prescribed fee determined by the
Commission.
(5) A WAT licence may be surrendered to the
Commission at any time.
(6) The Commission may, on payment of a
prescribed fee, issue a licensee with a replacement
for a WAT licence that has been lost or destroyed or
been damaged to an extent that renders it
unsuitable for the purposes of this Part.
Variation of WAT licence conditions
23Q. (1) The Commission may vary the conditions
of a WAT licence in accordance with this section.
(2) The Commission must
13
s. 12 No. Taxi and Luxury Hire Car Industries 2003
Amendment
(a) give the licensee notice in writing of its
intention to vary the licence conditions;
and
(b) give the licensee a reasonable
opportunity to make representations to
the Commission regarding the proposed
variations; and
(c) take any such representations into
account in exercising its power under
this section.
Passenger quotas
23R. The Commission may impose such conditions
on a WAT licence, in respect of the minimum
number of wheelchair-reliant passengers carried
under that licence, as the Commission considers
necessary or desirable to improve the response times
for wheelchair-accessible taxis.
Transfer of WAT licences
23S. (1) The holder of a WAT licence may at any
time apply as prescribed to the Commission to do
either or both of the following:
(a) have the licence transferred, temporarily
or for the remaining life of that licence,
to another person;
(b) have the licence apply, temporarily or
for the remaining life of that licence, to
another motor vehicle.
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2003 Taxi and Luxury Hire Car Industries No. s. 12
Amendment
(2) The Commission is to approve the
application if the Commission
(a) is satisfied that the motor vehicle to
which the licence is to relate is a
registered small passenger vehicle; and
(b) determines, in accordance with
Schedule 6, that the vehicle meets the
requirements for a wheelchair-accessible
taxi; and
(c) is satisfied, in a case to which
subsection (1)(b) applies where the
applicant is not the registered operator
of the other vehicle, that the application
is authorised by the registered operator
of that vehicle.
Cancellation and suspension of WAT licences
23T. (1) The Commission, in prescribed
circumstances, may suspend a WAT licence for a
period not exceeding 3 months.
(2) The Commission, in prescribed
circumstances, may cancel a WAT licence.
Delivering up of WAT licences
23U. A person who holds a WAT licence must, if
given notice to do so by the Commission, deliver up
that licence to the Commission at such time and
place as the Commission by the notice specifies.
Penalty: Fine not exceeding 10 penalty units.
15
s. 13 No. Taxi and Luxury Hire Car Industries 2003
Amendment
General offences
23V. (1) A person who holds a WAT licence must
not contravene or fail to comply with the conditions
of the licence.
Penalty: Fine not exceeding 20 penalty units.
(2) A person who does not hold a WAT licence
must not hold himself or herself out to be the holder
of such a licence.
Penalty: Fine not exceeding 20 penalty units.
(3) A person must not make a false or
misleading statement to the Commission, or produce
a false or misleading document to the Commission,
in connection with an application or any other
matter under this Part.
Penalty: Fine not exceeding 20 penalty units.
Section 27 amended (Regulations)
13. Section 27 of the Principal Act is amended as follows:
(a) by omitting subsection (3);
(b) by omitting from subsection (4) "capped price"
and substituting "assessed market value";
(c) by omitting from subsection (5) "capped value"
and substituting "assessed market value".
Schedule 4 repealed
14. Schedule 4 to the Principal Act is repealed.
16
2003 Taxi and Luxury Hire Car Industries No. s. 15
Amendment
Schedules 6 and 7 inserted
15. After Schedule 5 to the Principal Act, the following
Schedules are inserted:
SCHEDULE 6 REQUIREMENTS FOR
WHEELCHAIR-ACCESSIBLE TAXIS
Section 23L
1. The Commission is to determine that a public
passenger vehicle is a wheelchair-accessible taxi for
the purposes of Part 4B if the vehicle meets the
following criteria:
(a) the vehicle must meet the standards for
wheelchair-accessible taxis specified
under the Disability Standards for
Accessible Public Transport 2002,
formulated under section 31(1) of the
Disability Discrimination Act 1992 of
the Commonwealth;
(b) the vehicle must have ramp entry and
provide for a wheelchair-reliant
passenger to sit centrally in the vehicle
whilst seated in their wheelchair;
(c) the vehicle at the time of introduction as
a wheelchair-accessible taxi is to be
(i) a new vehicle; or
(ii) any age up to 10 years if
previously used as a wheelchair-
accessible taxi in Tasmania;
(d) the vehicle is to operate as a wheelchair-
accessible taxi for a period not exceeding
10 years, commencing on the first day of
registration;
17
s. 15 No. Taxi and Luxury Hire Car Industries 2003
Amendment
(e) any modifications to make the vehicle
wheelchair-accessible must not
significantly alter the original external
appearance of the vehicle.
SCHEDULE 7 NUMBER OF WHEELCHAIR-
ACCESSIBLE TAXI LICENCES
Section 23N
1. The initial number of wheelchair-accessible taxi
licences to be made available in the first 2 years of
licence issue is to be in accordance with the
following table:
Taxi area No. of No. of Total no. of
licences to licences to licences
be made be made made
available available available
in first during after 2 years
year of second year
issue of issue
Hobart 10 10 20
Launceston 4 5 9
Devonport 1 1 2
Burnie 1 1 2
18 Government Printer, Tasmania