Western Australian Consolidated Acts

TAXI ACT 1994 - SECT 30G

30G .         Payment of compensation to certain parties to 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 —

            (a)         subject to subsection (2), each MPT owner-driver who has not accepted an offer under section 30D(1) within the time specified in the offer; and

            (b)         subject to subsection (3), each MPT investor-owner.

        (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 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 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 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 —

                  (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 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).

        (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 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 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 compensation under the buy-back agreement to which the member is a party.

        [Section 30G inserted by No. 4 of 2006 s. 4.]