Western Australian Consolidated Acts Western Australian Consolidated Acts (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
(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.
(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 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 —
(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; or
(ii)
if the offer is made to an eligible operator —
the period referred to in section 30E(2);
and
(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
(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).
(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 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.
(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 operator —
(a) the
amount of compensation payable under the agreement is not to be paid; and
(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 —
(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 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 —
(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.
[Section 30D inserted by No. 4 of 2006
s. 4.]