Western Australian Consolidated Acts

TAXI ACT 1994 - SECT 23

23 .         Divesting and forfeiture of taxi plates

        (1)         Where the Director General believes that a plate holder may no longer be fit to be an owner or lessee of taxi plates he or she may serve notice on that person stating the reason he or she holds that belief and requiring that person to satisfy him or her within 30 days that that person is so fit.

        (2)         Where a plate holder fails to satisfy the Director General in accordance with subsection (1), the Director General may serve notice on the person —

            (a)         in the case of an owner of taxi plates — requiring him or her to divest himself or herself of any interest in the ownership of taxi plates within 45 days after the day of service of the notice (the divestment period ); or

            (b)         in the case of a lessee of taxi plates — advising him or her of the effect of the relevant provisions of subsections (3) and (4).

        (3)         Where a person fails to divest himself or herself of his or her interest in the ownership of taxi plates within the divestment period or a person is served with a notice under subsection (2)(b) in relation to the leasing of taxi plates —

            (a)         his or her right to the plates is forfeited to the Director General —

                  (i)         if he or she has applied under subsection (4) for a review — on the making of a decision that confirms the Director General’s decision or that otherwise results in the forfeiture of that right; or

                  (ii)         otherwise on the expiry of —

                        (I)         in the case of an owner of taxi plates — the divestment period; or

        (II)         in the case of a lessee of taxi plates — the period specified in subsection (4);

                and

            (b)         if he or she was the sole plate holder, the plates may then be offered for sale or lease, as the case requires, in accordance with section 16.

        (4)         Where the Director General serves notice on a person under subsection (2), the person may within 14 days after the day of service of that notice apply to the State Administrative Tribunal for a review of the Director General’s decision that he or she is no longer fit to be an owner or lessee, as the case requires, of taxi plates.

        [Section 23 amended by No. 72 of 2003 s. 11 and 18; No. 55 of 2004 s. 1187.]