COMMERCIAL PASSENGER VEHICLE INDUSTRY ACT 2017
Table of Provisions
PART 1--PRELIMINARY
- 1 Purposes
- 2 Commencement
- 3 Definitions
- 4 Meaning of commercial passenger vehicle service
- 5 Meaning of industry premises
- 6 Meaning of affiliation agreement
- 7 Meaning of booking service
- 8 References in this Act to persons charged with an offence
- 9 References in this Act to charges not finally disposed of
- 10 Objectives
- 11 Taxation Administration Act 1997
- 12 Transport Integration Act 2010
- 13 Interaction with the Occupational Health and Safety Act 2004
- 14 Act binds the Crown
- 15 Extraterritorial operation
Division 1--Principles of commercial passenger vehicle safety
- 16 Principle of shared responsibility
- 17 Principle of accountability for managing safety risks
- 18 Principle of enforcement
- 19 Principle of timeliness and transparency
- 20 Principle of participation, consultation and involvement of all affected persons
- 21 Effect of principles under this Division
Division 2--The concept of ensuring safety
- 22 The concept of ensuring safety
Division 3--Safety duties
- 23 Duties of owners of motor vehicles used to provide commercial passenger vehicle services
- 24 Duties of booking service providers
- 25 Duties of persons who have control over the provision of commercial passenger vehicle services
- 26 Duties of suppliers of services or equipment
- 27 Duties of drivers providing commercial passenger vehicle services
Division 4--Codes of practice
- 28 Codes of practice
- 29 Revisions to approved codes of practice
- 30 Revocation of approvals of codes of practice
- 31 Availability of approved codes of practice
- 32 Minister must consult before approving code of practice or revision to code of practice
- 33 Effect of approved code of practice
- 34 Effect of compliance with regulations or approved codes of practice
- 35 Tabling and disallowance of approved codes of practice
PART 3--REGISTRATION OF COMMERCIAL PASSENGER VEHICLES
Division 1--Preliminary
- 36 Purpose of registration
Division 2--Commercial passenger vehicle registration offences
- 37 Offence to drive unregistered vehicle for commercial passenger vehicle service
- 38 Offence to drive unregistered vehicle for commercial passenger vehicle service as employee
- 38A Offence to drive unregistered vehicle for commercial passenger vehicle service other than as employee
- 39 Offence to provide booking service involving unregistered vehicle
Division 3--Commercial passenger vehicle registration
- 40 Application for registration
- 41 Regulator may require further things or information
- 42 Decision on application for registration
- 43 Conditions on registration
- 44 Registration as a commercial passenger vehicle lasts until cancelled or surrendered
- 45 Annual registration fees
- 46 Regulator may vary or revoke conditions or impose new conditions
- 47 Offence to fail to comply with conditions of registration
- 48 Cancellation of registration
- 49 Surrender of registration
Division 4--Miscellaneous
- 50 False representation in relation to registration
- 51 Indication that a vehicle is a commercial passenger vehicle
PART 4--REGISTRATION OF BOOKING SERVICE PROVIDERS
Division 1--Preliminary
- 52 Purpose of registration
Division 2--Booking service offences
- 53 Offence if provider of booking service is not registered
- 54 Offence to advertise booking services unless registered
- 55 Offence to accept request from unregistered booking service provider
- 56 False representation in relation to registration
Division 3--Booking service provider registration
- 57 Application for registration
- 58 Decision on application for registration
- 59 Notification and reasons to be given if application refused
- 60 Conditions on registration
- 61 Registration lasts until cancelled or surrendered
- 62 Annual registration fees
- 63 Regulator may vary or revoke conditions or impose new conditions
- 64 Offence to fail to comply with conditions of registration
- 65 Registered booking service provider must notify change to information
- 66 Surrender of registration
Division 4--Miscellaneous
- 67 Offence to provide booking service that results in commercial passenger vehicle service being provided by non-accredited drivers
PART 5--COMMERCIAL PASSENGER VEHICLE DRIVER ACCREDITATION
Division 1--Preliminary
- 68 References in this Part to persons found guilty of an offence
- 69 Public care objective
Division 2--Non-accreditation offence
Division 3--Driver accreditations
- 71 Application for driver accreditation
- 72 Tests, qualifications and other requirements
- 73 Matters to which regulator may have regard in considering application
- 74 Time within which regulator must deal with application
- 75 Decision on application for driver accreditation
- 76 Regulator must notify applicant of decision
- 77 Conditions on driver accreditation
- 78 Certificate of accreditation
- 79 Driver accreditation lasts until cancelled or surrendered
- 80 Annual accreditation fees
- 81 Regulator may vary or revoke conditions or impose new conditions
- 82 Offence to fail to comply with conditions of driver accreditation
- 83 Driver accreditation cannot be transferred
- 84 Surrender of driver accreditation
Division 4--Disqualification from holding driver accreditation
- 85 Disqualification from applying for driver accreditation
- 86 Disqualification ceases if there has been a relevant change of circumstances
Division 5--Driver accreditation offences
- 87 Offence not to sign certificate of accreditation on receipt
- 88 Offence not to notify change of address and return certificate of accreditation
- 89 Offence not to notify of suspension or cancellation of driver accreditation
- 90 Offence not to notify of being charged with, or found guilty of, a disqualifying offence
- 91 Offence to retain illegible certificate of accreditation
- 92 Offence to retain certificate if accreditation suspended or cancelled
- 93 Offence not to carry certificate of accreditation when driving
- 94 Offence not to produce certificate of accreditation when asked
PART 6--CONSUMER AND DRIVER PROTECTIONS
Division 1--Driver agreements
- 95 Definition
- 96 Application of Division
- 97 Implied conditions of driver agreement
- 98 Offence if implied condition breached
- 99 Referral of disputes to the regulator
- 100 Minister may refer dispute directly to VCAT
- 101 Unresolved disputes may be referred to Small Business Commission or VCAT
- 102 Function of Small Business Commission
- 103 Mediation or other alternative dispute resolution
- 104 Small Business Commission may issue certificates
- 105 Parties may apply to VCAT
- 106 Jurisdiction of VCAT
- 107 Time limits for certain complaints
- 108 Orders VCAT can make
- 109 Each party to pay own costs
- 110 Statements made during alternative dispute resolution not admissible
Division 1A--Protections for unbooked commercial passenger vehicle services
- 110A Definitions
- 110B Application of Essential Services Commission Act 2001
- 110C Objective of the ESC
- 110D Powers in relation to fares regulation
- 110E Price determinations
- 110F Exercise of regulatory functions
- 110G Offence to charge or ask for a fare for an unbooked service in excess of the maximum fare
Division 2--Fare monitoring
- 111 Regulator to monitor fares for commercial passenger vehicle services
Division 3--Non-cash payment surcharge
- 112 Meaning of non-cash payment surcharge
- 113 Cap on non-cash payment surcharges
- 114 Offence to enter into certain contracts etc.
- 115 Civil penalties
- 116 Preference must be given to compensation
- 117 Interplay between civil penalties and criminal proceedings
- 118 Non-cash payment surcharge may be recovered as a debt
- 119 Proceeding for damages
- 120 Compensation orders
- 121 Application of Essential Services Commission Act 2001
- 122 Objective of the ESC
- 123 Powers in relation to non-cash payment service regulation
- 124 Exercise of regulatory functions
PART 7--INVESTIGATION POWERS
Division 1--Authorised officers
- 125 Appointment
- 126 Identity card
- 127 Authorised officer must produce identity card
- 128 Regulator may direct authorised officer
- 129 Person must return identity card on ceasing to be an authorised officer
- 130 Person must not impersonate authorised officer
Division 2--Power of entry without consent or search warrant
- 131 Limited power for authorised officer to enter premises or vehicle without consent or search warrant
- 132 Purposes for which authorised officer may enter without consent or search warrant
- 133 Circumstances in which authorised officer may enter without consent or search warrant
- 134 Power to enter includes power to search and inspect
Division 5--confers further powers on the authorised officer.
- 135 Notice of entry if prior notice not given—commercial passenger vehicle not on industry premises
- 136 Notice of entry to be left if certain persons not present
- 137 Notice of entry if prior notice not given—industry premises
Division 3--Power of entry without warrant but with consent
- 138 Authorised officer may enter premises or vehicle for compliance and investigative purposes with consent
- 139 Procedure for entry with consent
- 140 Power to enter includes power to search and inspect
Division 5--confers further powers on the authorised officer.
Division 4--Search warrants
- 141 Issue of search warrant
- 142 Seizure of things not mentioned in search warrant
- 143 Announcement before entry under search warrant
- 144 Copy of search warrant to be given
- 145 Use of evidence obtained under search warrant in civil penalty proceedings
Division 5--Additional powers relating to search and entry
- 146 Definitions
- 147 Application of Division
- 148 General investigation powers relating to entry of industry premises or other place
- 149 General investigation powers relating to entry of motor vehicle
- 150 Use or seizure of electronic equipment
- 151 Equipment for examining or processing
- 152 Use of equipment already at premises, place or vehicle
- 153 Admissibility of recording
Division 6--Additional power to remove material from motor vehicle
- 154 Removal of material from motor vehicle
Division 7--Seized things
- 155 Receipt for seized thing
- 156 Copies of certain seized things to be given
- 157 Return of seized things
- 158 Magistrates' Court may extend retention period
- 159 Forfeiture of seized thing
Division 8--Directions, defect notices, removal of material
- 160 Direction to require production of information, documents and related items
- 161 Manner of giving direction under section 160
- 162 Directions to driver of commercial passenger vehicle
- 163 Regulator may direct that vehicle be inspected
- 164 Authorised officer or police officer may issue defect notice
- 165 Direction to provide evidence of an inspection
Division 9--Miscellaneous
- 166 Use of force
- 167 Authorised officer or assistant must cause as little inconvenience as possible
- 168 Compensation for damage caused during exercise of powers under this Part
- 169 Abrogation of privilege against self‑incrimination
- 170 Client legal privilege not abrogated
Division 1--Improvement notices
- 171 Service of improvement notices
- 172 Contents of improvement notices
- 173 Directions in improvement notices
- 174 Compliance with improvement notice
- 175 Amendment of improvement notice
- 176 Cancellation of improvement notices
- 177 Clearance certificates for improvement notices
- 178 Proceedings for offences not affected by improvement notices or clearance certificates
- 179 Extension of time for compliance with improvement notices
Division 2--Prohibition notices
- 180 Service of prohibition notice
- 181 Contents of prohibition notice
- 182 Directions in prohibition notices
- 183 Compliance with prohibition notice
- 184 Amendment of prohibition notice
- 185 Withdrawal of prohibition notices
- 186 Certificates that matters that give rise to immediate risks to safety remedied
- 187 Proceedings for offences not affected by prohibition notices or certificates
- 188 When regulator may carry out action
- 189 Power of regulator to take other remedial action
- 190 Costs of remedial or other action
Division 3--General requirements applying to notices
- 191 Definition
- 192 Notice must be in writing
- 193 Minor variations of notices
- 194 Formal irregularities or defects in notice
- 195 Serving notices
Division 4--Injunctions
- 196 Injunctions for contravention of specified provisions
- 197 Injunctions for non-compliance with improvement notice or prohibition notice
Division 5--Enforceable voluntary undertakings
- 198 Enforceable voluntary undertaking by registered booking service providers
- 199 Notice of decisions and reasons for decision
- 200 When an undertaking is enforceable
- 201 Compliance with undertaking
- 202 Contravention of undertaking
- 203 Withdrawal or variation of undertaking
- 204 Proceedings for alleged contravention
Division 6--Infringement offences
- 205 Infringement notices
Division 7--Specific court orders
- 206 Commercial benefits penalty order
- 207 Supervisory intervention order
- 208 Contravention of supervisory intervention order
- 209 Exclusion orders
- 210 Contravention of exclusion order
- 211 Release on the giving of a safety undertaking
- 212 Variation or contravention of orders under section 211
- 213 Adverse publicity order
PART 9--DISCIPLINARY ACTION
- 214 When the regulator may take disciplinary action
- 215 Disciplinary actions that may be taken in relation to permissions
- 216 Procedure for taking disciplinary action
- 217 Regulator may extend time for making submissions in relation to disciplinary notices
- 218 Decision on taking disciplinary action
- 219 Mandatory cancellation of driver accreditations in certain cases
- 220 Immediate suspension of permission at the discretion of the regulator
- 221 Mandatory immediate suspension of driver accreditation
- 222 Mandatory suspension of driver accreditation if driver licence suspended or cancelled
- 223 Reinstatement of driver accreditation following reinstatement of driver licence
- 224 Person whose driver licence or probationary licence is suspended or cancelled must notify the regulator
- 225 Effect of suspension of permission
- 226 Re-instatement of driver accreditation
PART 10--REGISTER OF PERMISSION HOLDERS
Division 1--Establishment of register
- 227 Register of permission holders
- 228 Public version of register
- 229 Corrections of register
Division 2--Restriction of public access to information
- 230 What happens when information is included on the register?
- 231 Notification that information to be made publicly available
- 232 Application to restrict public access to information
- 233 Determination of application
- 234 Notification of determination
PART 11--COMMERCIAL PASSENGER VEHICLE SERVICE LEVY
- 235 Levy imposed
- 236 Who is liable for the levy?
- 237 Who collects the levy?
- 238 Amount of levy
- 239 Return period
- 240 Persons liable for levy must be registered
- 241 Returns
- 242 Additional information to be provided to the Commissioner
- 243 Cancellation of registration by Commissioner
- 244 Cancellation of registration by registered levy payer
- 245 When is a levy due for payment?
- 246 Recovery of levy by provider of affiliated service
PART 12--INTERNAL REVIEW AND VCAT DECISIONS
Division 1--Interpretation
- 247 Reviewable decisions
Division 2--Internal review
- 248 Application for internal review
Division 3--provides for the review by VCAT of a reviewable decision.
- 249 Regulator may stay operation of decision subject to application for internal review
- 250 Determination of application for internal review
Division 3--VCAT review
- 251 Review of regulator decisions by VCAT
- 252 VCAT review in relation to decision not to restrict public access to information
Division 4--VCAT orders in relation tocategory 1 offenders
- 253 VCAT orders in relation to category 1 offenders
PART 13--INFORMATION GATHERING AND HANDLING
Division 1--Confidential or commercially sensitive information
- 254 Definition
- 255 Restriction on disclosure or use of sensitive information
- 256 Use for performance of function or exercise of power permitted
- 257 Disclosure for performance of function or exercise of power permitted in certain cases
- 258 Disclosure or use permitted if required by Act
- 259 Disclosure or use with consent permitted
- 260 Disclosure or use in legal proceedings permitted
- 260A Disclosure to Secretary in accordance with agreement
- 261 Disclosure or use permitted if information in public domain
Division 2--Exempt freedom of information documents
- 262 Restriction on disclosure and use of exempt freedom of information documents
- 263 Use for performance of function permitted
Division 3--Power of regulator to obtain and share information
- 264 Power to obtain information and documents
- 265 Complaints
- 266 Information sharing
- 267 Duty on Chief Commissioner of Police to notify regulator of certain matters relating to offences
PART 14--GENERAL
Division 1--Offences
- 267A Advertising offers for the provision of commercial passenger vehicle services in certain cases prohibited
- 267B Making offers in a certain way, or displaying offers on one's person, for the provision of commercial passenger vehicle services prohibited
- 268 Offence to assault or obstruct officer
- 269 Giving false or misleading information
- 270 Offences relating to security cameras and privacy of passengers
- 271 Agreements in relation to images obtained from security cameras
- 272 Notification of incidents
Division 2--Regulator inquiries
Division 3--Monitoring, compliance and enforcement policy
- 275 Regulator to develop policy
- 276 Regulator must consult when developing or reviewing policy
- 277 Content of policy
- 278 Regulator must coordinate and support implementation of policy
- 279 Certain persons to have regard to policy
Division 4--Proceedings and evidentiary provisions
- 280 Who may commence proceedings for offences against an industry law
- 281 Evidentiary certificates
Division 5--Other
- 282 Regulatory fees
- 283 Regulatory exemptions
- 284 Criminal liability of officers of bodies corporate—failure to exercise due diligence
- 285 Criminal liability of officers of bodies corporate—failure to exercise due diligence (evidential burden of proof)
- 286 Corporations Act displacement
- 287 Offences by partnerships or unincorporated association
- 288 Service of documents
- 289 Regulations
- 290 Transitional provisions