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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Passenger Transport Amendment
(Taxi Licensing) Bill 2009
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Passenger Transport Act 1990 No 39 3
b2009-139-07.d10
New South Wales
Passenger Transport Amendment
(Taxi Licensing) Bill 2009
No , 2009
A Bill for
An Act to amend the Passenger Transport Act 1990 with respect to taxi-cab licences;
and for other purposes.
Clause 1 Passenger Transport Amendment (Taxi Licensing) Bill 2009
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Passenger Transport Amendment (Taxi Licensing) 3
Act 2009. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
Passenger Transport Amendment (Taxi Licensing) Bill 2009
Amendment of Passenger Transport Act 1990 No 39 Schedule 1
Schedule 1 Amendment of Passenger Transport Act 1
1990 No 39 2
[1] Section 3 Definitions 3
Insert in alphabetical order in section 3 (1): 4
annual licence for a taxi-cab--see section 32B (3). 5
Metropolitan transport district means the Metropolitan transport 6
district established under section 108 of the Transport 7
Administration Act 1988. 8
ordinary licence for a taxi-cab--see section 32B (4) (a). 9
short-term licence for a taxi-cab--see section 32B (4) (b). 10
[2] Section 3 (1) 11
Omit the definitions of Department and Director-General. Insert instead: 12
Department means the Department of Transport and 13
Infrastructure. 14
Director-General means the Director-General of the Department 15
of Transport and Infrastructure. 16
[3] Section 3 (1) 17
Omit "(including a short-term licence)" from the definition of licence. 18
[4] Section 32B Grant or refusal of application 19
Insert after section 32B (2): 20
(3) A licence issued by the Director-General must have a term of 21
12 months (an annual licence), if: 22
(a) the licence is for a taxi-cab operated wholly or partly 23
within the Metropolitan transport district, or 24
(b) the licence is a licence, or a licence of a class, prescribed 25
by order of the Director-General published in the Gazette. 26
(4) In any other case, the Director-General may issue a licence: 27
(a) designated as an ordinary licence, having a term, 28
determined by the Director-General and specified in the 29
licence (an ordinary licence), or 30
(b) designated as a short-term licence, having a term, not 31
exceeding 6 years, determined by the Director-General 32
and specified in the licence (a short-term licence). 33
(5) A licence remains in force for the period of the term of the licence 34
unless sooner suspended or cancelled. 35
Page 3
Passenger Transport Amendment (Taxi Licensing) Bill 2009
Schedule 1 Amendment of Passenger Transport Act 1990 No 39
(6) Without limiting subsection (3), an order under that subsection 1
may apply that subsection to all licences issued after a specified 2
date or may apply that subsection to licences for taxi-cabs 3
operated wholly or partly within a specified area or areas of the 4
State. 5
[5] Sections 32C-32DA 6
Omit sections 32C and 32D. Insert instead: 7
32C Renewal of licences 8
(1) A licence (other than a short-term licence) is renewable from 9
time to time on payment of the administrative fee prescribed by 10
the regulations. 11
(2) The Director-General may determine the procedures for renewal, 12
subject to any provisions of the regulations. 13
Note. A licence fee is also payable under section 32H on renewal of an 14
annual licence. 15
32D Transfer of licences 16
(1) An ordinary licence may be transferred. 17
(2) Any other licence may be transferred only on the application of 18
the holder's legal personal representative or of a trustee of the 19
holder's estate. 20
(3) This section is subject to any condition imposed on a licence 21
under this Act. 22
32DA Letting and subletting of licences 23
(1) A licence may be let or sublet without the approval of the 24
Director-General. 25
(2) This section is subject to any condition imposed on a licence 26
under this Act. 27
Note. See section 30 for licensing and accreditation requirements to 28
operate taxi-cabs. 29
[6] Section 32H Licence fees 30
Insert "(in the case of an ordinary licence or a short-term licence) or when a 31
licence is first issued or renewed (in the case of an annual licence)" after 32
"issued" in section 32H (1). 33
Page 4
Passenger Transport Amendment (Taxi Licensing) Bill 2009
Amendment of Passenger Transport Act 1990 No 39 Schedule 1
[7] Section 32H (3) 1
Insert after section 32H (2): 2
(3) The Director-General may determine a licence fee under this Act 3
that exceeds the amount required to cover the administrative or 4
other costs of the taxi-cab licensing scheme. 5
[8] Section 32I Licence fee for ordinary licence 6
Omit "a licence" from section 32I (1). Insert instead "an ordinary licence". 7
[9] Section 32I (3) 8
Omit the subsection. 9
[10] Section 32JA 10
Insert after section 32J: 11
32JA Licence fee for annual licences 12
(1) The amount of the licence fee for an annual licence is an amount 13
determined by the Director-General. 14
(2) The Director-General may determine a licence fee for an annual 15
licence or a class of annual licences. 16
[11] Schedule 3 Savings and transitional provisions 17
Insert at the end of clause 2 (1): 18
Passenger Transport Amendment (Taxi Licensing) Act 2009 19
[12] Schedule 3, Part 12 20
Insert after Part 11: 21
Part 12 Provisions consequent on enactment of 22
Passenger Transport Amendment (Taxi 23
Licensing) Act 2009 24
Division 1 Preliminary 25
56 Definitions 26
In this Part: 27
2009 Act means the Passenger Transport Amendment (Taxi 28
Licensing) Act 2009. 29
licence means a licence for a taxi-cab. 30
Page 5
Passenger Transport Amendment (Taxi Licensing) Bill 2009
Schedule 1 Amendment of Passenger Transport Act 1990 No 39
nexus licence means a licence identified as a nexus licence by 1
order of the Director-General under clause 64. 2
operative pre-1990 licence means a licence to which Division 3 3
applies. 4
paired licence means a licence identified as a paired licence by 5
order of the Director-General under clause 64. 6
57 Application of Part 7
(1) This Part prevails to the extent of any inconsistency with any 8
other provision of this Schedule. 9
(2) Regulations made under clause 2 of this Schedule may have 10
effect despite any provision of this Part. 11
Division 2 Existing licences and new licensing scheme 12
58 Application of Division 13
This Division is subject to Divisions 3 and 4. 14
59 Continuation of ordinary and short-term licences 15
(1) This clause applies to an ordinary or short-term licence that was 16
in force immediately before the commencement of the 2009 Act. 17
(2) Any such licence continues in force for the remainder of its term 18
subject to Division 4 of Part 4 of this Act. 19
(3) Any such licence, and any subsequent renewed licence (in the 20
case of an ordinary licence), may be renewed and transferred in 21
accordance with the provisions of Division 4 of Part 4 of this Act 22
that are applicable to the type of licence concerned. 23
60 Effect of application of annual licence scheme 24
(1) The continuation of an ordinary or short-term licence (whenever 25
issued), or the granting of an application for the renewal of an 26
ordinary licence, is not affected by the application of section 27
32B (3) of this Act to the issue of a licence of that kind (however 28
applied). 29
(2) Any applications for ordinary or short-term licences pending 30
immediately before the application of section 32B (3) of this Act 31
to the issue of a licence of that kind (however applied) are to 32
continue to be dealt with, and may be issued, as ordinary or 33
short-term licences, as the case requires. 34
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Passenger Transport Amendment (Taxi Licensing) Bill 2009
Amendment of Passenger Transport Act 1990 No 39 Schedule 1
Division 3 Licences issued before 1990 1
61 Application of Division to certain operative licences 2
(1) This Division applies to a licence that was first granted or 3
purported to be granted under the Transport Licensing Act 1931 4
if the Director-General is of the opinion that: 5
(a) the licence was used for the purpose of operating a taxi-cab 6
immediately before the commencement of the 2009 Act, or 7
(b) the licence was a licence under which a taxi-cab would 8
have been permitted to be operated but was not being 9
operated, or the licence was suspended, immediately 10
before that commencement. 11
(2) This Division so applies whether or not the licence was validly in 12
force immediately before the commencement of the 2009 Act. 13
(3) However, this Division does not apply to a licence that was 14
surrendered or cancelled or purported to be cancelled before the 15
commencement of the 2009 Act. 16
(4) The Director-General may, at the request of the holder of a 17
licence, notify the holder in writing as to whether or not the 18
Director-General is of the opinion that the licence is a licence 19
referred to in subclause (1). 20
(5) This Division is subject to Division 4. 21
62 Validation of licences and provisions applying to licences 22
(1) An operative pre-1990 licence is taken to have been (and always 23
to have been) validly issued and in force. 24
(2) Any transfer, lease or sublease of, or other transaction relating to, 25
an operative pre-1990 licence before the commencement of the 26
2009 Act is taken to have been valid (and always to have been 27
valid), to the extent to which that transaction could validly have 28
been done after the commencement of the 2009 Act. 29
63 Provisions applying to operative pre-1990 licences 30
(1) An operative pre-1990 licence is subject to the following 31
provisions: 32
(a) the licence remains in force until surrendered or cancelled 33
under this Act and may be transferred, 34
(b) the area of operation, if any, of the taxi-cab concerned is 35
(subject to section 32F) the same as it was immediately 36
before the commencement of the 2009 Act, 37
Page 7
Passenger Transport Amendment (Taxi Licensing) Bill 2009
Schedule 1 Amendment of Passenger Transport Act 1990 No 39
(c) any condition imposed on the licence before the 1
commencement of the 2009 Act, and not revoked before 2
that commencement, is taken to have been validly imposed 3
and may be amended or revoked under this Act. 4
Note. If the licence is a nexus licence or a paired licence, the 5
conditions are revoked under Division 4 and new conditions are 6
imposed under clause 66. 7
(2) Division 4 of Part 4 of this Act (other than sections 32B (3)-(6), 8
32C and 32H-32JA) and Part 4B of this Act apply to an operative 9
pre-1990 licence as if the licence were a licence issued under this 10
Act. 11
Division 4 Nexus and paired licences 12
Note. The object of this Division is to recognise, and standardise provisions and 13
conditions applying to, the category of licences for taxi-cabs (nexus licences) 14
associated with licences for wheelchair accessible taxis (paired licences). 15
64 Identification of nexus licences and paired licences 16
(1) The Director-General may, by order published in the Gazette: 17
(a) identify a licence, or a class of licences, as nexus licences, 18
and 19
(b) identify a licence, or a class of licences, as paired licences 20
and identify the nexus licence, or class of nexus licences, 21
with which they are associated. 22
(2) In determining whether to identify a licence or class of licences 23
as nexus licences, the Director-General may have regard to the 24
following: 25
(a) whether the issue or continuing operation of the licence or 26
class of licences is or was regarded as being part of a 27
scheme to subsidise the provision of wheelchair accessible 28
taxi-cab services, 29
(b) whether the licence or class of licences was issued, or is or 30
was regarded as being issued, subject to the issue of a 31
licence for a wheelchair accessible taxi-cab, 32
(c) whether the licence or class of licences is or was when 33
issued, or at any time afterwards, regarded as being subject 34
to a limitation on transfer relating to the transfer of a 35
licence for a wheelchair accessible taxi-cab, 36
(d) whether no licence fee or a reduced licence fee was paid 37
for the licence, 38
(e) any other matter the Director-General thinks fit. 39
Page 8
Passenger Transport Amendment (Taxi Licensing) Bill 2009
Amendment of Passenger Transport Act 1990 No 39 Schedule 1
(3) An order may identify a licence as a paired licence only if the 1
Director-General is of the opinion that the licence is, or is 2
regarded as, a licence for a wheelchair accessible taxi-cab. 3
(4) An order under this clause may also identify a nexus or paired 4
licence, or class of nexus or paired licences, (other than operative 5
pre-1990 licences) as ordinary or short-term licences. 6
(5) An order may identify a licence as an ordinary or short-term 7
licence only if the Director-General is of the opinion that the 8
licence was an ordinary or short-term licence when issued under 9
this Act. 10
(6) The Director-General may identify an operative pre-1990 licence 11
or a licence issued after the commencement of this Act as a nexus 12
licence or a paired licence. 13
(7) This clause does not apply to a licence first issued after the 14
commencement of the 2009 Act. 15
65 Validation of, and provisions applicable to, nexus licences and 16
paired licences 17
(1) A nexus licence or a paired licence (other than an operative 18
pre-1990 licence) is taken to have been (and always to have been) 19
validly issued and in force and this Act applies accordingly. 20
Note. Operative pre-1990 licences are validated under clause 62. 21
(2) To avoid doubt, Division 4 of Part 4 of this Act applies, subject 22
to this Division, to a nexus licence or paired licence that is an 23
ordinary or short-term licence. 24
Note. For provisions applying to nexus licences or paired licences that 25
are operative pre-1990 licences, see Division 3. 26
66 Conditions of nexus licences or paired licences 27
(1) The area of operation, if any, of a taxi-cab for which there is a 28
nexus or paired licence is (subject to section 32F) the same as it 29
was immediately before the commencement of the 2009 Act. 30
(2) Any other condition imposed on a nexus licence or a paired 31
licence before the commencement of the 2009 Act, and not 32
revoked before that commencement, is revoked. 33
(3) A nexus licence is subject to the following conditions: 34
(a) the taxi-cab for the licence must not be operated unless the 35
taxi-cab for the associated paired licence is also operated 36
in accordance with the conditions of the paired licence, 37
(b) the licence may be transferred only to an authorised 38
taxi-cab network that is an accredited taxi-cab operator, 39
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Passenger Transport Amendment (Taxi Licensing) Bill 2009
Schedule 1 Amendment of Passenger Transport Act 1990 No 39
(c) the licence may be transferred only in conjunction with the 1
transfer of the associated paired licence, 2
(d) the holder of the licence must ensure that there is a 3
registered taxi-cab for the licence. 4
(4) A paired licence is subject to the following conditions: 5
(a) the taxi-cab for the licence must be available for hire for 6
not less than 35 hours a week and must meet any other 7
minimum service level conditions for such a taxi-cab set 8
out in the regulations or imposed under section 32F, 9
(b) the licence may be transferred only to an authorised 10
taxi-cab network that is an accredited taxi-cab operator, 11
(c) the licence may be transferred only in conjunction with the 12
transfer of the associated nexus licence, 13
(d) the holder of the licence must ensure that there is a 14
registered taxi-cab for the licence and that it complies with 15
the measurement standards approved by the 16
Director-General for wheelchair accessible taxi-cabs. 17
(5) Section 32F applies to a condition imposed by this clause as if it 18
were a condition imposed under that section. 19
(6) Words and expressions used in this clause have the same 20
meaning as they have in Part 4 of this Act. 21
67 Terms of nexus and paired licences (other than operative pre-1990 22
licences) 23
(1) This clause does not apply to operative pre-1990 licences. 24
(2) A nexus licence or a paired licence is taken to have a term, 25
commencing on the day on which an order is made identifying it 26
as a nexus licence or a paired licence: 27
(a) of a period equivalent to the original term of the licence 28
when first issued, or 29
(b) if the Director-General cannot ascertain that term, of 30
3 years. 31
(3) The Director-General must notify the holder of a nexus or paired 32
licence in writing of the term of the licence. 33
(4) This clause has effect despite section 32B. 34
Note. An ordinary licence may be renewed (see clause 65 (2) and 35
section 32C). 36
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Passenger Transport Amendment (Taxi Licensing) Bill 2009
Amendment of Passenger Transport Act 1990 No 39 Schedule 1
68 Issue of new licence documents 1
(1) The Director-General may issue new licence documents for 2
licences identified as nexus or paired licences. 3
(2) One licence document may be, but is not required to be, issued 4
for a nexus licence and any other licence that is an associated 5
paired licence for that licence. 6
(3) The issue of the new licence documents does not affect the 7
continuity of such licences under this Part or result in the creation 8
of a new licence. 9
(4) The holder of a nexus or paired licence must, on the issue of the 10
new licence document: 11
(a) surrender any former licence document relating to the 12
licence to the Director-General, or 13
(b) provide the Director-General with such information or 14
other evidence as the Director-General may require as to 15
why the holder is unable to surrender the document. 16
Page 11
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