Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Without limiting
the generality of section 60 the Governor may make
regulations —
(a) with
respect to the issue, renewal and transfer of, licences and the manner of
applying therefor;
(b)
fixing the term of licences;
(c)
prescribing the conditions under which licences of any kind may be issued,
renewed or transferred under this Part; prohibiting, controlling or regulating
dealings of any kind whatsoever with licences; and prescribing the
qualifications of licensees;
(d)
providing that the Minister may attach such conditions as he thinks fit to the
transfer of any licence under this Part;
(e) with
respect to the types of vehicles that may be licensed as taxi-cars, the
prerequisites for licensing and the construction of, minimum seating
accommodation requirements, and equipment, including internal fittings and
decorations, required or permitted to be carried on vehicles that may be
licensed as taxi-cars;
(f) with
respect to the considerations to be taken into account by the Minister upon
the issue, renewal or transfer of a licence under this Part;
(g) with
respect to the duties and obligations of holders of licences under this Part;
(h)
prescribing fees to be paid on the application for, issue, renewal or transfer
of, or other dealing with, licences, or the examination or testing of any
motor vehicle or any equipment carried on a motor vehicle, or any other matter
under this Part;
(i)
prescribing the characteristics of a private taxi-car;
providing for the issue of licences for private taxi-cars and prescribing the
conditions under which such licences may be issued and the qualifications of
licensees of private taxi-cars;
(j)
providing the conditions upon which private taxi-cars may be operated;
(k)
providing for the cancellation or suspension of licences; and providing that
the Minister may cancel or suspend any licence or may refuse to renew any
licence under the circumstances prescribed by the regulations after such
disciplinary procedures as are prescribed by the regulations;
(l)
providing for an application to the State Administrative Tribunal for a review
of a decision of the Minister suspending, cancelling or refusing to renew a
licence;
(m)
fixing fares and other charges to be taken or made for the hire of taxi-cars,
including the occasions and conditions upon which the carriage of passengers
at separate fares may be required or authorised and the method of calculation
of such separate fares;
[(n) deleted]
(o)
providing for registers of taxi-cars to be kept and prescribing the
particulars to be included in such registers;
(p)
regulating the nature of engagement of taxi-cars;
(q)
regulating the conduct, behaviour and dress of drivers of taxi-cars in
relation to the provision of taxi-car services;
(r)
prescribing the records to be kept and documents to be carried by owners,
operators and drivers of taxi-cars;
(s)
providing for the condition of taxi-cars, the fitness, cleanliness,
roadworthiness and mechanical standard to be observed in relation to taxi-cars
and the examination of taxi-cars by an officer to ascertain the fitness of the
vehicle or to check the equipment fitted to the taxi-car; and prohibiting the
operation of a taxi-car which is unroadworthy;
(t)
providing that no alterations or modifications to a vehicle licensed as a
taxi-car shall be made without the approval of the Minister;
(u)
prescribing means of identifying licensed taxi-cars and holders of taxi-car
drivers’ licences and the issue, use and withdrawal of number plates;
(v)
providing for the substitution of a vehicle for a
taxi-car which is under repair and the conditions of such substitution;
(w)
prescribing specifications for taxi-meters; providing for the use and
operation of taxi-meters; providing for the testing by officers or persons
authorised by the Director General of taxi-meters; providing that the operator
of a taxi-car shall maintain a taxi-meter; and prescribing offences relating
to tampering with taxi-meters;
(x)
providing for the registration of radio facilities with
the Minister and providing for the imposition of conditions on such
registration by the Minister; providing for the application for the
registration or renewal of registration of radio facilities and the
information to be supplied on such an application; fixing the term of
registration of radio facilities; prescribing offences relating to radio
facilities; and providing for the suspension or cancellation of, or the
refusal to renew, the registration of radio facilities by the Minister;
(y)
providing for the registration and the cancellation of registration of
taxi-meter mechanics and base radio operators with the Minister;
(z)
regulating the conduct of passengers in taxi-cars and for punishing persons
evading or attempting to evade the payment of fares or charges therefor;
(za)
with respect to the establishment, in conjunction with the Main Roads
Department or the appropriate local government of stands for taxi-cars,
providing for and controlling taxi-stands;
(zb)
providing for the delivering over and disposal of articles left in taxi-cars;
(zc)
with respect to —
(i)
the powers of officers; and
(ii)
the duties of members of the Police Force,
in relation to
taxi-cars, taxi-car drivers, operators, passengers and taxi-meters; requiring
persons to comply with directions given by officers or members of the Police
Force;
(zd)
providing for disciplinary powers of the Director General over owners,
operators and drivers of taxi-cars and owners and operators of radio
facilities and the procedure relating to the exercise of such disciplinary
powers;
(ze)
providing that a person who contravenes or fails to comply with any regulation
commits an offence;
(zf)
providing that a person shall, if required by the Director General, attend at
a place nominated by the Director General;
(zg)
providing for the procedure to be adopted on the recovery of penalties imposed
under this Part or the regulations made under this Part;
(zh)
prescribing forms for use under this Part;
(zi)
prescribing a requirement for the furnishing of statutory declarations; and
(zj)
notwithstanding section 60(3)(b), prescribing penalties not exceeding
$200 for the breach of any regulation.
(2) Regulations may be
made under this section —
(a) so
as to require a matter affected by them to be —
(i)
in accordance with a specified standard or specified
requirement; or
(ii)
as approved by, or to the satisfaction of, a specified
person or body or a specified class of person or body;
(b) so
as to confer on a specified person or body or a specified class of person or
body a discretionary authority; and
(c) so
as to provide that, in specified cases or a specified class of case or
specified classes of cases whether on specified conditions or unconditionally,
persons or things of a class or classes of persons or things may be exempted
from the provisions of the regulations, either wholly or to such extent as is
specified.
(3) In
subsection (2) specified means specified in the regulations.
[Section 47ZF inserted by No. 70 of 1981
s. 3; amended by No. 106 of 1981 s. 27; No. 54 of 1985
s. 43 and 52; No. 115 of 1987 s. 7; No. 83 of 1994
s. 49; No. 14 of 1996 s. 4; No. 76 of 1996 s. 50; No.
55 of 2004 s. 1231.]