Australian Capital Territory Bills
[Index]
[Search]
[Download]
[Related Items]
[Help]
This is a Bill, not an Act. For current law, see the Acts databases.
ROAD TRANSPORT LEGISLATION AMENDMENT BILL 2006
2006
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Urban Services)
Road
Transport Legislation Amendment Bill 2006
Contents
Page
2006
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Urban Services)
Road Transport
Legislation Amendment Bill 2006
A Bill for
An Act to amend the
Road Transport (Public
Passenger Services) Act 2001, the
Road Transport (Public Passenger
Services) Regulation 2002, the
Road Transport (Vehicle Registration) Act
1999 and the
Road Transport (Vehicle Registration) Regulation
2000
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Road Transport Legislation Amendment Act
2006.
This Act commences on a day fixed by the Minister by written
notice.
Note 1 The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
Note 2 A single day or time may be fixed, or different days or times
may be fixed, for the commencement of different provisions (see Legislation Act,
s 77 (1)).
Note 3 If a provision has not commenced within 6 months beginning on
the notification day, it automatically commences on the first day after that
period (see Legislation Act, s 79).
Part
2 Road Transport (Public Passenger
Services) Act 2001
3 Legislation
amended—pt 2
This part amends the Road Transport (Public Passenger Services) Act
2001.
4 Offences
against Act—application of Criminal Code
etcSection 4A, note 1, new dot
points
insert
• s 33 (Operating taxi network without entitlement)
• s 54 (Taxi service operators to be affiliated with taxi
network)
• a provision of pt 9 (Enforcement)
5 Taxi
network providers—regulations about accreditation
systemSection 31 (1)
(a)
omit
6 Section
31 (1) (b) to (d)
renumber as paragraphs 31 (1) (a) to (c)
substitute
32 Entitlement to operate taxi
networks
A person is entitled to operate a taxi network, in or partly in the ACT, if
the person is accredited under the regulations to operate a taxi
network.
33 Operating taxi network without
entitlement
(1) A person commits an offence if—
(a) the person operates, in or partly in the ACT, a taxi network; and
(b) the person is not accredited under the regulation to operate a taxi
network.
Maximum penalty: 50 penalty units.
(2) An offence against this section is a strict liability
offence.
8 Pretending
to be an accredited taxi network
providerSection 34 (2)
omit
substitute
41 Transferability of taxi
licences
(1) A taxi licence (other than a restricted taxi licence) issued before
the commencement of the Road Transport Legislation Amendment
Act 2006 (the amendment Act) is transferable.
(2) A taxi licence (other than a restricted taxi licence) issued after the
commencement of the amendment Act may be issued as a transferable or
non-transferable taxi licence.
(3) If the holder of a taxi licence mentioned in subsection (1), or of a
taxi licence issued as a transferable taxi licence, asks the road transport
authority to transfer the licence to someone else, the authority must transfer
the licence to the person.
(4) The following taxi licences are not transferable:
(a) a taxi licence issued as a non-transferable taxi licence;
(b) a restricted taxi licence.
(5) A taxi licence mentioned in subsection (4) that is issued after the
commencement of the amendment Act is issued subject to the condition that the
licence-holder must not transfer the licence to anyone else.
Example of transfer of licence
The licence-holder hiring the licence to someone else.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
10 Regulations
about taxi licencesSection 44 (1)
(b)
substitute
(b) the term (if any) of taxi licences; and
11 Entitlement
to operate taxi servicesSection 51
(c)
substitute
(c) the person is affiliated with an accredited taxi network
provider.
substitute
54 Taxi service operators to be affiliated with taxi
network
(1) The accredited operator of a taxi service commits an offence
if—
(a) the operator operates a taxi service; and
(b) the operator is not affiliated with an accredited taxi network
provider.
Maximum penalty: 50 penalty units.
(2) An offence against this section is a strict liability
offence.
renumber as part 10
insert
Part 9 Enforcement
15 Dictionary,
new definitions
insert
fittings, of a vehicle, includes the seats, seat covers and
floor coverings of the vehicle.
inspect a vehicle includes observe the performance of the
vehicle or any of its equipment, with or without the use of
instruments.
noncompliance notice—see section 120 (1).
time of effect, for a noncompliance notice—see
section 120 (2) (b).
Part
3 Road Transport (Public Passenger
Services) Regulation 2002
16 Legislation
amended—pt 3
This part amends the Road Transport (Public Passenger Services)
Regulation 2002.
17 Accreditations
that may be approvedSection 5
(2)
substitute
(2) The road transport authority may accredit people to operate taxi
networks.
18 EnforcementChapter
7 heading
omit
19 Purpose
of powers under ch 7Section 229
heading
omit
ch 7
substitute
pt 9
omit
chapter
substitute
part
substitute
(a) there has been compliance with, or a contravention of, this Act
(including, for example, the conditions of an accreditation, taxi licence or
hire car licence); or
22 Power
to inspect maintenance facilitiesSection
231 (1)
omit
chapter
substitute
part
23 Section
231 (4) (b) and (c)
substitute
(b) require the person apparently in charge of the premises to give the
police officer or authorised person any information the police officer or
authorised person reasonably needs to inspect or test any equipment in the
premises;
(c) require the person apparently in charge of the premises to do anything
else the police officer or authorised person reasonably needs to inspect or test
any equipment in the premises.
omit
request
substitute
requirement
after
identity card
insert
for inspection
26 Power
to inspect and test vehiclesSection 232 (2)
(b)
substitute
(b) get into or onto the vehicle and remain in or on the
vehicle;
27 Attachment
and removal of noncompliance noticesSection
234 (1)
omit
chapter
substitute
part
omit
this regulation
substitute
this Act
29 Police
officer or authorised person—power to require name and address
etcSection 235 (1)
omit
this regulation
substitute
this Act
30 Section
235 (1), new note
insert
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any regulation (see
Legislation Act, s 104).
31 Sections
229 to 235 (as amended)
relocate to Road Transport (Public Passenger Services) Act 2001, part 9
as sections 115 to 121
insert
Part 8.7 Taxi network
accreditations
521 Accreditations to operate taxi
network
(1) This section applies in relation to an accreditation to operate a taxi
network that was in force immediately before the commencement of this
section.
(2) Despite section 5 (2) (Accreditations that may be approved), the
accreditation continues in force for the remainder of its term unless it is
sooner ended under this regulation.
522 Expiry of pt 8.7
This part expires on 11 August 2011.
33 Dictionary,
definitions of inspect, noncompliance notice and time of
effect
omit
Part
4 Road Transport (Vehicle
Registration) Act 1999
34 Legislation
amended—pt 4
This part amends the Road Transport (Vehicle Registration)
Act 1999.
renumber as sections 2, 3 and 4
in part 1, insert
5 Offences against Act—application of Criminal
Code etc
Other legislation applies in relation to offences against this Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to the following offence against this Act
(see Code, pt 2.1):
• s 17B (5) (Power to inspect approved premises, records and
equipment).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used for
offences to which the Code applies (eg conduct,
intention, recklessness and strict
liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that
are expressed in penalty units.
insert
Division 2.3 Enforcement—approved
premises
17A Purpose of powers under div
2.3
The powers under this division may be exercised by a police officer or
authorised person to decide whether—
(a) there has been compliance with, or a contravention of, this Act in
relation to the inspection and testing of registrable vehicles; or
(b) approved premises and any equipment in the premises used or proposed
to be used in, or in relation to, the inspection and testing of vehicles comply
with this Act.
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any regulation (see
Legislation Act, s 104).
17B Power to inspect approved premises, records and
equipment
(1) For this division, a police officer or authorised person may, at any
reasonable time, enter approved premises.
(2) The police officer or authorised person may—
(a) inspect records in the premises relating to inspections and tests of
vehicles carried out at the premises for this Act; and
(b) inspect the premises; and
(c) inspect or test any equipment in the premises used or proposed to be
used in, or in relation to, the inspection and testing of vehicles for this
Act.
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any regulation (see
Legislation Act, s 104).
(3) For subsection (2) (a), the police officer or authorised person
may—
(a) require the person apparently in charge of the premises, or anyone
else who has the custody or control of the records, to produce them to the
police officer or authorised person for inspection; and
(b) make copies of, or take extracts from, a record and, for that purpose,
may take possession of the record and, if necessary, keep it for not longer than
7 days.
(4) For subsection (2) (c), the police officer or authorised person may do
any 1 or more of the following:
(a) operate any equipment in the premises;
(b) require the person apparently in charge of the premises to give the
police officer or authorised person any information the police officer or
authorised person reasonably needs to inspect or test any equipment in the
premises;
(c) require the person apparently in charge of the premises to do anything
else the police officer or authorised person reasonably needs to inspect or test
any equipment in the premises.
(5) A person must take all reasonable steps to comply with a requirement
made of the person by a police officer or authorised person under this
section.
Maximum penalty: 20 penalty units.
(6) An offence against this section is a strict liability
offence.
(7) An authorised person who enters approved premises under this section
is not authorised to remain on the premises if, when asked by the person in
charge of the premises, the authorised person does not produce his or her
identity card for inspection.
omit
(see s 4)
substitute
(see s 3)
39 Dictionary,
new definition of approved premises
insert
approved premises—see section 15 (3) (b).
Part
5 Road Transport (Vehicle
Registration) Regulation 2000
40 Legislation
amended—pt 5
This part amends the Road Transport (Vehicle Registration) Regulation
2000.
41 InspectionsSection
151
omit
42 Inspection
of approved premises and equipmentSection
151A
omit
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2006.
2 Notification
Notified under the Legislation Act on 2006.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2006
[Index]
[Search]
[Download]
[Related Items]
[Help]