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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Taxi Amendment Bill 2005
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. The Act amended 2
Part 2 -- Amendments about
multi-purpose taxi plates
4. Part 3 Division 3 inserted 3
Division 3 -- Multi-purpose taxi plates
buy-back
30A. Interpretation and application 3
30B. Buy-back agreements 4
30C. Operation of sections 30D to 30G to be
subject to conditions 4
30D. Certain MPT owner-drivers and eligible
operators to be offered leases of taxi
plates for multi-purpose taxis 5
30E. Leases by eligible operators of taxi plates
for multi-purpose taxis 7
30F. Leases by certain MPT owner-drivers and
others of taxi plates for multi-purpose taxis 7
30G. Payment of compensation to certain
parties to buy-back agreements 8
30H. Consolidated Fund charged with payment
for plates 10
5. Amendments consequential to Part 3 Division 3 10
Part 3 -- Other amendments
6. Section 3 amended 12
7. Section 16 amended 12
8. Section 18 amended 13
9. Section 36 amended 13
093--2 page i
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Taxi Amendment Bill 2005
A Bill for
An Act to amend the Taxi Act 1994.
The Parliament of Western Australia enacts as follows:
page 1
Taxi Amendment Bill 2005
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This is the Taxi Amendment Act 2005.
2. Commencement
5 (1) Subject to subsection (2), this Act comes into operation on the
day on which it receives the Royal Assent.
(2) Subject to subsection (3), Part 2 comes into operation on a day
fixed by proclamation.
(3) If Part 2 has not come into operation before the expiry of
10 3 years after the day on which this Act receives the Royal
Assent, Part 2 is repealed on the expiry of that period.
3. The Act amended
The amendments in this Act are to the Taxi Act 1994*.
[* Reprinted as at 11 October 2002.
15 For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 449.]
page 2
Taxi Amendment Bill 2005
Amendments about multi-purpose taxi plates Part 2
s. 4
Part 2 -- Amendments about multi-purpose taxi plates
4. Part 3 Division 3 inserted
After section 30 the following Division is inserted in Part 3 --
"
5 Division 3 -- Multi-purpose taxi plates buy-back
30A. Interpretation and application
(1) In this Division --
"buy-back agreement" means an agreement under
section 30B;
10 "eligible operator" means an operator who operates
10 or more multi-purpose taxis that use
transferable MPT plates owned by an MPT
investor-owner who --
(a) is not the operator; and
15 (b) is a party to a buy-back agreement;
"MPT investor-owner" means a person who --
(a) is the owner, or has an interest in the
ownership, of transferable MPT plates; and
(b) is not a driver of the vehicle operated as a
20 multi-purpose taxi using the plates;
"MPT owner-driver" means a person who --
(a) is the owner, or has an interest in the
ownership, of transferable MPT plates; and
(b) is a driver of the vehicle operated as a
25 multi-purpose taxi using the plates;
"multi-purpose taxi" or "MPT" means a taxi that is
intended principally for the transport of persons
who have a disability and any wheelchairs or other
aids required by those persons;
page 3
Taxi Amendment Bill 2005
Part 2 Amendments about multi-purpose taxi plates
s. 4
"transferable MPT plates" means taxi plates that
are --
(a) used on a taxi that operates as a
multi-purpose taxi; and
5 (b) owned, or an interest in which is owned, by
an MPT investor-owner or an MPT
owner-driver.
(2) Except as otherwise expressly provided in this
Division, this Division does not limit any other
10 provision of this Act in relation to the offering for lease
or issuing of taxi plates for multi-purpose taxis.
30B. Buy-back agreements
(1) The Director General may enter into an agreement, on
such terms and conditions as the Minister approves,
15 with a person who is an MPT investor-owner or an
MPT owner-driver for the payment to the person of an
amount of compensation for the surrender and
cancellation of the transferable MPT plates that are the
subject of the agreement.
20 (2) A buy-back agreement has effect only if the Minister
has published a notice under section 30C(2).
30C. Operation of sections 30D to 30G to be subject to
conditions
(1) Sections 30D, 30E, 30F and 30G have effect --
25 (a) only if the Minister publishes a notice under
subsection (2); and
(b) on and after the date of publication of the
notice, or any later date specified in the notice.
(2) If the Minister is satisfied that, for the effective
30 operation of this Division, a sufficient number of MPT
investor-owners and MPT owner-drivers have accepted
an offer to enter into a buy-back agreement within the
page 4
Taxi Amendment Bill 2005
Amendments about multi-purpose taxi plates Part 2
s. 4
time approved by the Minister, the Minister is to
publish a notice in the Gazette accordingly.
30D. Certain MPT owner-drivers and eligible operators
to be offered leases of taxi plates for multi-purpose
5 taxis
(1) Taxi plates to be used on a multi-purpose taxi shall,
subject to this section, be offered for lease to --
(a) each MPT owner-driver who is a party to a
buy-back agreement; and
10 (b) each eligible operator.
(2) One set of taxi plates is to be offered for lease under
subsection (1) in respect of each set of transferable
MPT plates surrendered and cancelled under this
Division.
15 (3) If an MPT owner-driver who is a party to a buy-back
agreement and who, but for this subsection, would be
offered a lease under subsection (1) so agrees, the offer
may be made instead to another person who, in the
opinion of the Director General, has an interest in the
20 ownership of the same set of transferable taxi plates the
subject of the buy-back agreement.
(4) An offer to lease under this section lapses if it is not
accepted within the time specified in the offer.
(5) An offer to lease under this section is to specify that --
25 (a) the term of the lease is to be for --
(i) if the offer is made to an MPT
owner-driver or a person referred to in
subsection (3) -- subject to
section 30F(3), the period of 10 years;
30 or
page 5
Taxi Amendment Bill 2005
Part 2 Amendments about multi-purpose taxi plates
s. 4
(ii) if the offer is made to an eligible
operator -- the period referred to in
section 30E(2);
and
5 (b) it is to be a condition of the lease that the
lessee --
(i) is to operate a vehicle as a
multi-purpose taxi using the leased taxi
plates for the period of 3 years; and
10 (ii) is to provide a bond or other security in
a form and of an amount as is approved
by the Minister for the due observance
of the condition referred to in
subparagraph (i).
15 (6) The provision by a lessee of a bond or other security
referred to in subsection (5)(b)(ii) does not affect --
(a) the liability of the lessee to any penalty for an
offence for a contravention of this Act; or
(b) any other action that might be taken or is
20 required to be taken in relation to any
contravention of this Act.
(7) Subject to sections 30E(1) and 30F(1) and (2),
section 16(4), (5) and (6) apply in respect of taxi plates
offered for lease under this section.
25 (8) Despite anything to the contrary in a buy-back
agreement, until a set of leased taxi plates for a
multi-purpose taxi are issued to an MPT owner-driver
who is a party to the agreement, to a person to whom
an offer is made under subsection (3) or to an eligible
30 operator --
(a) the amount of compensation payable under the
agreement is not to be paid; and
page 6
Taxi Amendment Bill 2005
Amendments about multi-purpose taxi plates Part 2
s. 4
(b) the person who is the owner, or each person
who has an interest in the ownership, of the
transferable MPT plates the subject of the
agreement continues --
5 (i) to be the owner, or to have an interest in
the ownership, of those transferable
MPT plates; and
(ii) to be subject to all of the rights and
obligations of such a person under
10 this Act.
(9) Subject to sections 30E(1) and 30F(1) and (2),
sections 16(2a) and 18(1a), (1b), (2) and (3) apply in
respect of taxi plates offered for lease under this
section as if --
15 (a) the acceptance of the offer was an application
for the lease of taxi plates; and
(b) the person who accepts the offer was the
applicant.
30E. Leases by eligible operators of taxi plates for
20 multi-purpose taxis
(1) Section 16(4), (5) and (6) do not apply in relation to
taxi plates offered for lease under section 30D(1) to an
eligible operator.
(2) The term of a lease of taxi plates offered under
25 section 30D(1) to an eligible operator is to be for a
period of between 3 and 5 years.
30F. Leases by certain MPT owner-drivers and others of
taxi plates for multi-purpose taxis
(1) If an MPT owner-driver --
30 (a) is a party to a buy-back agreement;
(b) accepts an offer under section 30D(1) to lease
taxi plates; and
page 7
Taxi Amendment Bill 2005
Part 2 Amendments about multi-purpose taxi plates
s. 4
(c) is the owner, or has an interest in the
ownership, of taxi plates that are not
transferable MPT plates,
section 16(4)(b), (5)(d)(i) and (6)(d)(i) and (e)(i) do not
5 apply in relation to the ownership, or interest in the
ownership, of the taxi plates referred to in
paragraph (c).
(2) If a person to whom an offer to lease taxi plates is
made under section 30D(3) --
10 (a) accepts the offer; and
(b) is the owner, or has an interest in the
ownership, of taxi plates that are not
transferable MPT plates,
section 16(4)(b), (5)(d)(i) and (6)(d)(i) and (e)(i) do not
15 apply in relation to the ownership, or interest in the
ownership, of the taxi plates referred to in
paragraph (b).
(3) The term of a lease of taxi plates offered --
(a) under section 30D(1) to an MPT owner-driver
20 referred to in subsection (1); or
(b) under section 30D(3) to a person referred to in
subsection (2),
is to be for a period of between 3 and 5 years.
30G. Payment of compensation to certain parties to
25 buy-back agreements
(1) In this section --
"member of the pool" means a person who is a party
to a buy-back agreement and who forms part of a
notional group comprising --
30 (a) subject to subsection (2), each MPT
owner-driver who has not accepted an offer
page 8
Taxi Amendment Bill 2005
Amendments about multi-purpose taxi plates Part 2
s. 4
under section 30D(1) within the time
specified in the offer; and
(b) subject to subsection (3), each MPT
investor-owner.
5 (2) An MPT owner-driver is not a member of the pool in
respect of transferable MPT plates if the MPT
owner-driver has been paid under a buy-back
agreement for the surrender and cancellation of those
plates as the result of a person having accepted an offer
10 under section 30D(3) within the time specified in the
offer.
(3) An MPT investor-owner is not a member of the pool in
respect of transferable MPT plates if the MPT
investor-owner has been paid under a buy-back
15 agreement for the surrender and cancellation of those
plates as the result of an eligible operator having
accepted an offer under section 30D(1) within the time
specified in the offer.
(4) Despite anything to the contrary in a buy-back
20 agreement --
(a) the amount of compensation payable under the
agreement to a member of the pool is not to be
paid; and
(b) a member of the pool continues --
25 (i) to be the owner, or to have an interest in
the ownership, of the transferable MPT
plates the subject of the agreement; and
(ii) to be subject to all of the rights and
obligations of such an owner under
30 this Act,
until --
(c) a set of taxi plates for a multi-purpose taxi is
issued on lease under section 18; and
(d) the member is selected under subsection (5).
page 9
Taxi Amendment Bill 2005
Part 2 Amendments about multi-purpose taxi plates
s. 5
(5) On each occasion that a set of taxi plates for a
multi-purpose taxi is issued on lease under section 18,
a member of the pool is to be selected by ballot and
paid the amount due as compensation under the
5 buy-back agreement to which the member is a party.
(6) A reference in subsections (4)(c) and (5) to the issue of
taxi plates on lease does not include a reference to the
issue of taxi plates on lease resulting from the
acceptance of an offer under section 30D within the
10 time specified in the offer.
(7) Despite section 16(3), taxi plates for multi-purpose
taxis are to be offered for lease under section 16(2)
until each member of the pool has been paid, in
accordance with this section, the amount due as
15 compensation under the buy-back agreement to which
the member is a party.
30H. Consolidated Fund charged with payment for plates
Money payable under a buy-back agreement is to be
charged to the Consolidated Fund, which is, to the
20 necessary extent, appropriated accordingly.
".
5. Amendments consequential to Part 3 Division 3
(1) Section 3(1) is amended in the definition of "lease" by deleting
"acquire, by virtue of a successful application under
25 section 16(2), the right to use the plates for a period specified by
the Director General;" and inserting instead --
"
acquire --
(a) by virtue of a successful application under
30 section 16(2), the right to use the plates for a
period specified by the Director General; or
page 10
Taxi Amendment Bill 2005
Amendments about multi-purpose taxi plates Part 2
s. 5
(b) the right to use the plates for a period under
Part 3 Division 3;
".
(2) Section 3(1) is amended in the definition of "lessee" by deleting
5 "acquires, by virtue of a successful application under
section 16(2), the right to use the plates for a period specified by
the Director General;" and inserting instead --
"
acquires --
10 (a) by virtue of a successful application under
section 16(2), the right to use the plates for a
period specified by the Director General; or
(b) the right to use the plates for a period under
Part 3 Division 3;
15 ".
(3) After section 25(1)(a) the following paragraph is inserted --
"
(aa) if the plate holder is a party to a buy-back
agreement within the meaning of
20 section 30A -- entering into an agreement to
lease taxi plates under section 30D or being
selected by ballot under section 30G(5), as is
relevant;
".
page 11
Taxi Amendment Bill 2005
Part 3 Other amendments
s. 6
Part 3 -- Other amendments
6. Section 3 amended
(1) Section 3(1) is amended by deleting the definition of "operate"
and inserting instead --
5 "
"operate" means --
(a) to drive a vehicle as a taxi;
(b) to own or lease taxi plates; or
(c) to cause another person to drive a vehicle as
10 a taxi by providing to the person --
(i) the vehicle, under a lease or otherwise;
and
(ii) taxi plates for use on or in the vehicle,
under a plate owner's lease or
15 otherwise;
".
(2) Section 3(1) is amended by inserting after the definition of
"plate holder" --
"
20 "plate owner's lease" means the right acquired from
the owner of taxi plates to use the plates for a
specified period of time;
".
7. Section 16 amended
25 (1) After section 16(2) the following subsection is inserted --
"
(2a) If an application for the lease of taxi plates is made by
an applicant who is not eligible to lease the plates
under subsection (4)(b) or (c), (5)(d) or (6)(d) or (e),
30 the application is subject to the condition that, if the
application is successful, the taxi plates will not be
page 12
Taxi Amendment Bill 2005
Other amendments Part 3
s. 8
issued unless the relevant provision has been complied
with.
".
(2) Section 16(5)(d) and (6)(d) and (e) are amended by deleting
5 "subject to subsection (7),".
(3) Section 16(7) is repealed.
(4) Section 16(10) is amended as follows:
(a) at the end of the definition of "relevant percentage" by
deleting the semicolon and inserting instead a full stop;
10 (b) by deleting the definitions of "restricted taxi plates" and
"unrestricted taxi plates".
8. Section 18 amended
Section 18(1a) is repealed and the following subsection is
inserted instead --
15 "
(1a) If an application for taxi plates was subject to the
condition referred to in section 16(2a), a set of taxi
plates may be issued under subsection (1) in respect of
the application only if the Director General is satisfied
20 that the condition has been complied with.
".
9. Section 36 amended
Section 36(1) is amended in the definition of "operator" by
deleting ", by leasing or otherwise, another person to drive that
25 vehicle." and inserting instead --
"
another person to drive the vehicle as a taxi by
providing to the person --
(a) the vehicle, under a lease or otherwise; and
page 13
Taxi Amendment Bill 2005
Part 3 Other amendments
s. 9
(b) taxi plates for use on or in the vehicle, under
a plate owner's lease or otherwise.
".
page 14
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