Taxi Drivers Licensing Bill 2013 (31-3)

31—3 page i

Western Australia

Taxi Drivers Licensing Bill 2013

Contents

Part 1 — Preliminary

1. Short title 2

2. Commencement 2

3. Terms used 3

4. Driving vehicle as taxi 7

5. Approved medical reports 8

6. Fit and proper person to hold a licence 8

7. Designated areas 9

Part 2 — Unlicensed persons driving

taxis and related offences

8. Driving taxi while not authorised by licence 10

9. Causing or permitting unlicensed driver to drive taxi 12

10. Forgery and improper use of identifying details 13

Part 3 — Licensing of taxi drivers

11. Application for licence 14

12. Grant of licence 14

13. Application for renewal of licence 15

14. Renewal of licence 16

15. Duration of licence 16

16. Conditions of licence 16

17. Application for variation of licence conditions 17

18. Variation of licence conditions 17

19. Notice of decisions on licences to be given 18

20. Licence document to be issued to licensee 18


Contents

page ii

Part 4 — Obligations of taxi drivers

Division 1 — Requirements relating to medical

reports and training

21. Requirement to give approved medical report 19

22. Requirement to complete applicable training course or test 20

Division 2 — Offences

23. Requirement to comply with licence conditions 20

24. Requirements to display and produce documents 21

25. Requirements to surrender documents 21

26. Requirement to notify CEO of change of address 22

27. Requirements to notify CEO of certain mental or physical conditions 22

Division 3 — Regulations and code of conduct

28. Regulations about conduct of licensees 22

29. Code of conduct 23

Part 5 — Suspension, cancellation

and disqualification

Division 1 — Suspension

30. Suspension order 24

31. Revocation of suspension order 25

Division 2 — Cancellation: by order

32. Cancellation order 26

Division 3 — Cancellation and disqualification:

conviction of certain offences

33. Cancellation and disqualification when convicted of offence 27

Division 4 — Cancellation and disqualification:

penalty points

Subdivision 1 — Penalty points register

34. Penalty points offences 29

35. Recording, expiry and cancellation of penalty points 30

36. Removal of penalty points from register 30

37. Penalty points register 31


Contents

page iii

Subdivision 2 — Cancellation and disqualification

due to excessive penalty points

38. Excessive penalty points notice 32

Division 5 — General provisions

39. Cumulative effect of disqualification 34

40. Effect of permanent disqualification 35

Part 6 — Enforcement

41. Authorised officers 36

42. Powers of authorised officers 36

43. Application for entry warrant 39

44. Issue and content of entry warrant 41

45. Effect of entry warrant 41

46. Obstructing authorised officer or not complying

with direction 42

Part 7 — Exchange of information

47. Terms used 43

48. Use of and access to information 45

49. Use of photographs 46

50. Disclosure of information by CEO to

Commissioner of Police or other authorities 46

51. Disclosure of information to CEO by

Commissioner of Police or other authorities 47

52. Exchange of information between CEO and interstate taxi authorities 48

53. Disclosures under this Part free of charge 49

54. Regulations may exempt information 49

Part 8 — Miscellaneous

55. Reviewable decisions 50

56. Training courses and tests 51

57. Delegation 52

58. Agreements for performance of functions 52

59. Protection from personal liability 53

60. Protection of people testing or examining or giving certain information 53

61. Publication of certain approvals 54

62. Regulations 54


Contents

page iv

Part 9 — Transitional provisions

63. Terms used 57

64. Grant of licences during pre-commencement period to persons holding drivers’ licences endorsed with extension T 57

65. Section 64 licence taken to be taxi driver licence 59

66. Section 64 licence of no effect unless driver’s

licence endorsed with extension T at commencement day 59

67. Special provisions about pre-commencement licences 59

68. Driver’s licence may be endorsed with extension T

if pre-commencement licence granted 60

69. Application for extension T endorsement made

before proclamation day 60

Part 10 — Consequential

amendments

Division 1 — Road Traffic Act 1974 amended

70. Act amended 61

71. Section 42E amended 61

72. Section 44AA amended 61

73. Section 44AD inserted 61

44AD. Disclosure to CEO (taxi drivers licensing) 61

Division 2 — Road Traffic (Authorisation to

Drive) Act 2008 amended

74. Act amended 62

75. Section 9 amended 62

76. Section 11B amended 62

77. Section 11E inserted 63

11E. Disclosure to CEO (taxi drivers licensing) 63

Division 3 — Road Traffic Legislation

Amendment Act 2012 amended

78. Act amended 63

79. Section 191 deleted 63

Division 4 — State Administrative Tribunal

Act 2004 amended

80. Act amended 63

81. Schedule 1 amended 63


Contents

page v

Division 5 — Taxi Act 1994 amended

82. Act amended 64




Division 6 — Transport Co-ordination Act 1966

amended

86. Act amended 65

87. Section 47ZE deleted 65

88. Section 47ZF amended 65

Part 11 — Repeals

89. Part 10 Division 1 repealed if not commenced 66


Defined terms

page 1

Western Australia

LEGISLATIVE ASSEMBLY

(As amended in Committee)


A Bill for

An Act to —

� provide for the licensing and regulation of taxi drivers; and

� make consequential amendments to various Acts,

and for related purposes.

The Parliament of Western Australia enacts as follows:


Part 1 Preliminary

s. 1

page 2

Part 1 — Preliminary 1

1. Short title 2

This is the Taxi Drivers Licensing Act 2013. 3

2. Commencement 4

This Act comes into operation as follows — 5

(a) Part 1 comes into operation on the day on which this Act 6

receives the Royal Assent; 7

(b) Parts 3, 7, 8 and 9, Part 10 (other than Divisions 1, 2, 3, 8

5 and 6) and Part 11 come into operation on a day fixed 9

by proclamation (proclamation day); 10

(c) Part 10 Division 1 — 11

(i) if the Road Traffic Legislation Amendment 12

Act 2012 section 8 does not come into operation 13

on or before proclamation day — comes into 14

operation on proclamation day; or 15

(ii) otherwise — does not come into operation; 16

(d) Part 10 Division 2 comes into operation — 17


(Information) Act 2011 Part 4 (Part 4) comes 19

into operation before proclamation day — on 20

proclamation day; or 21

(ii) otherwise — immediately after Part 4 comes into 22

operation; 23

(e) Part 10 Division 3 — 24


Act 2012 section 191 does not come into 26

operation on or before the day on which 27

section 87 comes into operation under 28

paragraph (f) — comes into operation on that 29

day; or 30

(ii) otherwise — does not come into operation; 31


Preliminary Part 1

s. 3

page 3

(f) the rest of the Act comes into operation on the day after 1

the expiry of the period of 6 months beginning on 2

proclamation day. 3

3. Terms used 4

(1) In this Act, unless the contrary intention appears — 5

additional identification document means a document referred 6

to in section 24(1)(b); 7

applicable training course or test, in relation to a person, means 8

a training course or test that — 9

(a) is approved under section 56(1) for the purposes of the 10

provision in which the term is used; and 11

(b) under that approval, applies to the person; 12

approved means approved in writing by the CEO; 13

approved medical report has the meaning given in section 5; 14

authorised officer has the meaning given in section 41(1); 15

cancellation order means an order made under section 32; 16

CEO means the chief executive officer of the Department; 17

class, in relation to a vehicle, means a class of vehicle 18

prescribed by regulations under section 62(2)(a); 19

Commissioner of Police means the person holding or acting in 20

the office of Commissioner of Police under the Police Act 1892; 21

conviction includes a finding of guilty, or the acceptance of a 22

guilty plea, whether or not a conviction is recorded; 23

criminal record check means a document issued by the Police 24

Force of Western Australia, the Australian Federal Police or 25

another body or agency approved by the CEO that sets out, or 26

summarises in a manner acceptable to the CEO, the convictions 27

of an individual for offences under the law of this State, the 28

Commonwealth, another State or a Territory; 29


Part 1 Preliminary

s. 3

page 4

current penalty points means penalty points recorded in the 1

penalty points register that have not — 2

(a) expired; or 3

(b) been cancelled; or 4

(c) been removed from the penalty points register; 5

dealt with by infringement notice, in relation to an alleged 6

penalty points offence, means that — 7

(a) an infringement notice has been issued for the alleged 8

offence; and 9

(b) the matter has been dealt with by the payment of an 10

amount in accordance with the infringement notice; 11

Department means the department of the Public Service 12

principally assisting the Minister in the administration of this 13

Act; 14

designated area has the meaning given in section 7; 15

disqualification offence has the meaning given in section 33(1); 16

disqualified, in relation to a person, means — 17

(a) disqualified from holding or obtaining a licence under 18

section 33(2)(b); or 19

(b) disqualified from holding or obtaining a licence under 20

section 38(3)(b); 21

drive a vehicle as a taxi has the meaning given in section 4; 22

driver’s licence — 23

(a) before the coming into operation of the Road Traffic 24

(Administration) Act 2008 section 4 — has the meaning 25

given in the Road Traffic Act 1974 section 5(1); or 26

(b) after the coming into operation of the Road Traffic 27


given in that section; 29

driving authorisation means — 30

(a) a driver’s licence; or 31


Preliminary Part 1

s. 3

page 5

(b) a licence or other authorisation granted to a person 1

under a law of another State or a Territory authorising 2

the person to drive a motor vehicle on a road other than 3

solely for the purpose of learning to drive the vehicle; or 4

(c) a foreign driving authorisation authorising a person to 5

drive a motor vehicle on a road other than solely for the 6

purpose of learning to drive the vehicle, 7

and has a meaning affected by subsection (2); 8

driving authorisation law — 9


(Authorisation to Drive) Act 2008 section 3 — means 11

the Road Traffic Act 1974; or 12


(Authorisation to Drive) Act 2008 section 3 — means 14

the Road Traffic (Authorisation to Drive) Act 2008; 15

excessive penalty points notice means a notice given under 16

section 38; 17

foreign driving authorisation means an authorisation that — 18

(a) was granted to a person under a law of an external 19

Territory (as defined in the Acts Interpretation Act 1901 20

(Commonwealth)) or a law of another country; and 21

(b) under a driving authorisation law, authorises the holder 22

of that authorisation to drive in this State; 23

infringement notice means a notice issued to a person under a 24

written law — 25

(a) alleging the commission of an offence; and 26

(b) offering the person an opportunity, by paying an amount 27

of money prescribed under the written law and specified 28

in the notice, to have that matter dealt with out of court; 29

learner’s permit — 30



given in the Road Traffic Act 1974 section 5(1); or 33


Part 1 Preliminary

s. 3

page 6



given in that section; 3

licence or taxi driver licence means a licence granted under 4

Part 3; 5

licence document means a licence document issued to a 6

licensee under section 20; 7

licensee means a person who holds a licence (whether or not the 8

licence is suspended); 9

medical practitioner means a person registered under the 10

Health Practitioner Regulation National Law (Western 11

Australia) in the medical profession; 12

notifiable condition, in relation to a person, means any 13

permanent or long-term mental or physical condition that is 14

likely to, or treatment for which is likely to, impair a person’s 15

mental or physical fitness to drive a vehicle as a taxi; 16

penalty points offence has the meaning given in section 34(1); 17

penalty points register means the register maintained under 18

section 37; 19

provider, of a taxi dispatch service, means — 20

(a) a person who is registered as the provider of a taxi 21

dispatch service under the Taxi Act 1994; or 22

(b) a person who provides a taxi dispatch service in respect 23

of vehicles operated (as defined in the Transport 24

Co-ordination Act 1966 section 47Z) under taxi-car 25

licences issued under the Transport Co-ordination 26

Act 1966; 27

qualification period, in relation to a training course or test 28

approved under section 56(1), means the qualification period 29

specified in the approval in relation to the training course or test 30

in accordance with section 56(2)(c); 31

suspended means suspended under section 30(4); 32

suspension order means an order made under section 30; 33


Preliminary Part 1

s. 4

page 7

taxi dispatch service means a service that provides — 1

(a) radio base, computer or telephone services for vehicles 2

driven as taxis or makes arrangements for such vehicles 3

to be provided with such services; and 4

(b) controlling, coordinating, administrative and other 5

services to the taxi industry, 6

for the purpose of arranging for a person who requests such a 7

vehicle to be provided with one; 8

test means a written test, an oral test, a practical assessment or 9

any combination of those things; 10

traffic record check means a document issued by the Police 11

Force of Western Australia or another body or agency approved 12

by the CEO that sets out, or summarises in a manner acceptable 13

to the CEO, either or both of the following — 14

(a) the convictions of an individual for driving-related 15

offences under the law of this State, another State or a 16

Territory; 17

(b) the infringement notices issued to an individual in 18

relation to alleged driving-related offences under the law 19

of this State, another State or a Territory. 20

(2) For the purposes of this Act, a person is to be taken not to hold a 21

driving authorisation during any period during which the person 22

was excluded by law from driving under that authorisation. 23

4. Driving vehicle as taxi 24

(1) For the purposes of this Act, a person drives a vehicle as a taxi 25

if — 26

(a) the person uses the vehicle for the purpose of standing 27

or plying for hire or otherwise for the purposes of 28

carrying passengers for reward; and 29


Part 1 Preliminary

s. 5

page 8

(b) the vehicle is — 1

(i) operated (as defined in the Taxi Act 1994 2

section 3(1)) using taxi plates issued under that 3

Act; or 4

(ii) operated (as defined in the Transport 5

Co-ordination Act 1966 section 47Z) under a 6

taxi-car licence issued under that Act. 7

(2) For the purposes of subsection (1), passengers are not carried 8

for reward in a vehicle if the amount received for carrying those 9

passengers is not intended to exceed the running costs of the 10

vehicle. 11

(3) An amount referred to in subsection (2) is to be taken not to be 12

intended to exceed the running costs of the vehicle if it does not 13

exceed an amount calculated in accordance with the regulations. 14

5. Approved medical reports 15

For the purposes of this Act, an approved medical report about a 16

person is a report that — 17

(a) is in the approved form; and 18

(b) is prepared by a medical practitioner; and 19

(c) is based on an examination of the person by the medical 20

practitioner that was conducted — 21

(i) for the purpose of assessing the person’s mental 22

and physical fitness to drive a vehicle as a taxi; 23

and 24

(ii) no earlier than 3 months before the report is 25

given to the CEO. 26

6. Fit and proper person to hold a licence 27

(1) Without limiting the matters to which the CEO may have regard 28

in determining, for the purposes of this Act, whether the CEO is 29

satisfied that a person is a fit and proper person to hold a 30


Preliminary Part 1

s. 7

page 9

licence, the CEO may have regard to whether the CEO suspects 1

on reasonable grounds that the person has contravened — 2

(a) this Act; or 3

(b) the regulations; or 4

(c) the code of conduct approved under section 29. 5

(2) A person who has applied for a taxi driver licence is to be taken 6

not to be a fit and proper person to hold a licence if — 7

(a) the person has been convicted of a disqualification 8

offence; and 9

(b) the conviction has not been quashed or set aside; and 10

(c) the period of disqualification prescribed for the purposes 11

of section 33(5) in relation to the disqualification 12

offence has not passed since the conviction. 13

7. Designated areas 14

(1) For the purposes of this Act, a designated area is — 15

(a) a control area (as defined in the Taxi Act 1994 16

section 3(1)); or 17

(b) another area in the State that is prescribed by regulations 18

for the purposes of this paragraph. 19

(2) For the purposes of this Act, a vehicle is to be taken not to be 20

driven as a taxi in a designated area if the vehicle is being 21

driven — 22

(a) to carry passengers to a place in the designated area 23

from a place outside the designated area; or 24

(b) in other circumstances prescribed by the regulations. 25


Part 2 Unlicensed persons driving taxis and related offences

s. 8

page 10

Part 2 — Unlicensed persons driving taxis and related 1

offences 2

8. Driving taxi while not authorised by licence 3

(1) A person commits an offence if — 4

(a) the person drives a vehicle as a taxi; and 5

(b) the person does not hold a licence that is in force. 6

Penalty: 7

(a) for a first offence, a fine of $10 000; 8

(b) for a subsequent offence, a fine of $10 000, but the 9

minimum penalty is a fine of $2 000. 10



(b) the person — 13

(i) is disqualified; or 14

(ii) holds a licence that is suspended. 15

Penalty: a fine of $10 000, but the minimum penalty is a fine of 16

$2 000. 17

(3) A person charged with an offence under subsection (2) may be 18

convicted of an offence under subsection (1) if that offence is 19

established by the evidence. 20



(b) under a driving authorisation law, the person is not 23

authorised to drive the vehicle. 24

Penalty: a fine of $10 000, but the minimum penalty is a fine of 25

$2 000. 26


Unlicensed persons driving taxis and related offences

Part 2

s. 8

page 11

(5) It is a defence to a charge of an offence under subsection (4) to 1

prove that — 2

(a) the person charged was not authorised to drive the 3

vehicle because the person — 4

(i) was disqualified from holding or obtaining a 5

driver’s licence under the Fines, Penalties and 6

Infringement Notices Enforcement Act 1994 7

section 19 or 43; or 8

(ii) was the subject of any disqualification or 9

suspension under a law of another jurisdiction 10

that is prescribed for the purposes of the Road 11

Traffic Act 1974 section 49(9)(b); 12

and 13

(b) the person did not know of the circumstance mentioned 14

in paragraph (a). 15


(a) the person drives a vehicle of a particular class as a taxi 17

in a designated area; and 18

(b) the person holds a licence that is in force, but the licence 19

does not authorise either or both of the following — 20

(i) the person to drive a vehicle of that class as a 21

taxi; 22

(ii) the person to drive a vehicle as a taxi in that 23

designated area. 24

Penalty: a fine of $2 500. 25

(7) For the purposes of this Act, an offence under subsection (1) is 26

to be taken to be a subsequent offence if the person has 27

previously been convicted of an offence under 28

subsection (1), (2) or (4). 29

(8) This section does not limit or affect — 30

(a) any requirement for a person to hold a driving 31

authorisation; or 32


Part 2 Unlicensed persons driving taxis and related offences

s. 9

page 12

(b) any requirement under the Taxi Act 1994 relating to taxi 1

plates; or 2

(c) any requirement under the Transport Co-ordination 3

Act 1966 relating to taxi-car licences; or 4

(d) any other requirement under a written law for a person 5

to hold any licence or authorisation in relation to the 6

operation of a vehicle. 7

9. Causing or permitting unlicensed driver to drive taxi 8


(a) the person — 10

(i) causes or permits another person (the driver) to 11

drive a vehicle as a taxi; or 12

(ii) is the provider of a taxi dispatch service that is 13

used by another person (the driver) for the 14

purpose of the driver driving a vehicle as a taxi; 15

and 16

(b) the driver — 17

(i) is not authorised under a licence to drive the 18

vehicle as a taxi; or 19

(ii) is not authorised under a driving authorisation 20

law to drive the vehicle. 21

Penalty: 22

(a) for a first offence, a fine of $10 000; 23

(b) for a subsequent offence, a fine of $10 000, but the 24

minimum penalty is a fine of $2 000. 25

(2) It is a defence to a charge for an offence under subsection (1) to 26

prove that the person charged took reasonable steps to ensure 27

that the driver — 28

(a) was authorised under a licence to drive the vehicle as a 29

taxi; and 30


Unlicensed persons driving taxis and related offences

Part 2

s. 10

page 13

(b) was authorised under a driving authorisation law to 1

drive the vehicle. 2

10. Forgery and improper use of identifying details 3

(1) In this section — 4

identifying details, of a licensee, means any or all of the 5

following — 6

(a) the licence document issued to the licensee; 7

(b) any additional identification document issued to the 8

licensee; 9

(c) information that identifies the licensee in 10

communications with the provider of a taxi dispatch 11

service. 12

(2) A person commits an offence if the person — 13

(a) forges or fraudulently alters a licence document; or 14

(b) uses a licence document that has been forged or 15

fraudulently altered. 16


(3) A licensee commits an offence if — 18

(a) the licensee causes or permits another person to use the 19

licensee’s identifying details; and 20

(b) the other person uses the identifying details for the 21

purposes of impersonating the licensee or holding out 22

that the person is authorised to drive a vehicle as a taxi. 23


(4) A person commits an offence if the person uses a licensee’s 25

identifying details for the purposes of impersonating the 26

licensee or holding out that the person is authorised to drive a 27

vehicle as a taxi. 28



Part 3 Licensing of taxi drivers

s. 11

page 14

Part 3 — Licensing of taxi drivers 1

11. Application for licence 2

(1) An individual may apply to the CEO for a taxi driver licence. 3

(2) An individual who is disqualified cannot apply for a taxi driver 4

licence. 5

(3) The application must — 6

(a) be in the approved form; and 7

(b) specify — 8

(i) each class of vehicle that the applicant wants to 9

be authorised to drive as a taxi; and 10

(ii) each designated area in which the applicant 11

wants to be authorised to drive a vehicle as a 12

taxi; 13

and 14

(c) be accompanied by an approved medical report about 15

the applicant; and 16

(d) be accompanied by any documents or information 17

specified in the approved form; and 18

(e) be accompanied by the prescribed application fee. 19

12. Grant of licence 20

(1) The CEO may, on application under section 11, grant the 21

applicant a taxi driver licence if the CEO is satisfied that — 22

(a) the applicant holds a driver’s licence; and 23

(b) the applicant has, for a period of at least 3 years or 24

periods adding up to at least 3 years, held a driving 25

authorisation; and 26

(c) the applicant has reached 20 years of age; and 27

(d) the applicant is a fit and proper person to hold a licence; 28

and 29


Licensing of taxi drivers Part 3

s. 13

page 15

(e) the applicant is mentally and physically fit to drive a 1

vehicle as a taxi; and 2

(f) for each applicable training course or test (if any) — 3

(i) the applicant has successfully completed the 4

training course or test; and 5

(ii) the qualification period has not expired since the 6

applicant completed the training course or test; 7

and 8

(g) the applicant meets any other criteria prescribed by the 9

regulations. 10

(2) The CEO may, by written notice given to an applicant, waive 11

the requirement in subsection (1)(f) in relation to an applicable 12

training course or test if the CEO is satisfied, on any basis and 13

in any circumstances, that the applicant holds the competency 14

that was to be demonstrated by the successful completion of the 15

training course or test. 16

13. Application for renewal of licence 17

(1) A licensee may, within 6 months before the expiry day specified 18

on the licence document, apply to the CEO for the grant of a 19

licence by way of renewal. 20



(b) be accompanied by any documents or information 23


(c) be accompanied by the prescribed application fee. 25

(3) A person whose licence is suspended cannot apply for the grant 26

of a licence by way of renewal. 27



s. 14

page 16

14. Renewal of licence 1

The CEO may, on application under section 13, grant the 2

applicant a taxi driver licence by way of renewal if the CEO is 3

satisfied that the applicant — 4

(a) meets the criteria set out in section 12(1)(a) to (e); and 5

(b) meets any other criteria prescribed by the regulations. 6

15. Duration of licence 7

(1) A licence comes into force — 8

(a) for a licence granted under section 12 — on the day on 9

which it is granted; or 10

(b) for a licence granted under section 14 — on the day 11

after the expiry day for the licensee’s previous licence. 12

(2) A licence expires at the end of the day (the expiry day) that is 13

2 years after the day on which it comes into force. 14

(3) The expiry day for a licence must be specified on the licence 15

document. 16

(4) A licence remains in force until whichever of the following 17

occurs first — 18

(a) it expires; 19

(b) it is cancelled. 20

(5) A licence is not in force during any period for which it is 21

suspended. 22

16. Conditions of licence 23

(1) A licence must be granted subject to the following conditions — 24

(a) a condition specifying each class of vehicle that the 25

licensee is authorised to drive as a taxi; 26

(b) a condition specifying each designated area in which the 27

licensee is authorised to drive a vehicle as a taxi. 28


Licensing of taxi drivers Part 3

s. 17

page 17

(2) A licence may be granted subject to such other conditions as the 1

CEO thinks fit and specifies on the licence document. 2

(3) The regulations may provide for conditions of licences. 3

17. Application for variation of licence conditions 4

(1) A licensee may apply to the CEO for the variation of the 5

conditions of the licence. 6



(b) be accompanied by any documents or other information 9


(c) be accompanied by the prescribed application fee. 11

18. Variation of licence conditions 12

(1) The CEO may vary the conditions of a licence if the CEO is 13

satisfied that — 14

(a) the variation is appropriate in the circumstances; and 15

(b) for each applicable training course or test (if any) — 16


applicable training course or test; and 18


applicant completed the applicable training 20

course or test. 21

(2) A variation under subsection (1) may be made on application 22

under section 17 or on the CEO’s own initiative. 23

(3) Without limiting subsection (1), the CEO may vary the 24

conditions of a licence by varying existing conditions, removing 25

conditions or specifying additional conditions. 26

(4) The CEO may, by written notice given to a licensee, waive the 27

requirement in subsection (1)(b) in relation to an applicable 28

training course or test if the CEO is satisfied, on any basis and 29



s. 19

page 18

in any circumstances, that the licensee holds the competency 1

that was to be demonstrated by the successful completion of the 2


19. Notice of decisions on licences to be given 4

(1) The CEO must give an applicant written notice of a decision to 5

grant, or refuse to grant, a licence under section 12 or 14. 6

(2) The CEO must give a licensee written notice of a decision — 7

(a) to refuse an application under section 17 for the 8

variation of the conditions of a licence; or 9

(b) to vary the conditions of a licence under section 18. 10

(3) If the decision is a decision to refuse to grant a licence, a 11

decision to vary the conditions of a licence on the CEO’s own 12

initiative, or a decision to refuse an application for the variation 13

of the conditions of a licence, the notice must state — 14

(a) the reasons for the decision; and 15

(b) that the person has a right to a review under section 55. 16

20. Licence document to be issued to licensee 17

(1) The CEO must issue a licence document to a licensee. 18

(2) A licence document must be in the approved form. 19

(3) The CEO may at any time — 20

(a) issue a new licence document to a licensee; and 21

(b) give the licensee a written notice requiring the licensee 22

to surrender to the CEO any previous licence document 23

issued to the licensee. 24


Obligations of taxi drivers

Part 4

Requirements relating to medical reports and training Division 1

s. 21

page 19

Part 4 — Obligations of taxi drivers 1

Division 1 — Requirements relating to medical reports and 2

training 3

21. Requirement to give approved medical report 4

(1) A licensee must give the CEO an approved medical report about 5

the licensee — 6

(a) if a notice given under subsection (2) is in force — in 7

accordance with that notice; or 8

(b) otherwise — on or before each day that ends 5 years 9

after the day on which the licensee last gave an 10

approved medical report to the CEO under this Act. 11

(2) If the CEO suspects on reasonable grounds that a licensee is 12

affected by a notifiable condition, the CEO may give the 13

licensee a written notice requiring the licensee to give the CEO 14

an approved medical report about the licensee — 15

(a) on or before a day stated in the notice; and 16

(b) subsequently, at intervals of a period stated in the notice. 17

(3) If the CEO considers it appropriate in the circumstances, the 18

CEO may, by written notice given to the licensee — 19

(a) cancel a notice given under subsection (2); or 20

(b) vary a notice given under subsection (2). 21

(4) The CEO must, by written notice given to the licensee, cancel a 22

notice given under subsection (2) if the CEO becomes satisfied 23

that the licensee is no longer affected by a notifiable condition. 24

(5) A notice given under subsection (2) or (3)(b) must state that the 25

licensee has a right to a review under section 55. 26


Part 4 Obligations of taxi drivers

Division 2 Offences

s. 22

page 20

22. Requirement to complete applicable training course or test 1

(1) The CEO may, from time to time, give a licensee a written 2

notice stating — 3

(a) that the licensee is required to complete an applicable 4


(b) the day by which the licensee is required to successfully 6

complete the training course or test; and 7

(c) that the licensee has a right to a review under section 55; 8

and 9

(d) that a suspension order may be made if the licensee does 10

not comply with the requirement. 11

(2) The CEO may, by written notice given to the licensee, waive the 12

requirement for the licensee to complete an applicable training 13

course or test under this section if the CEO — 14

(a) is satisfied, on any basis and in any circumstances, that 15

the licensee holds the competency that was to be 16

demonstrated by the successful completion of the 17

training course or test; or 18

(b) otherwise considers it appropriate in the circumstances. 19

(3) The CEO may extend the day stated in a notice given under 20

subsection (1). 21

(4) If a notice has been given to a licensee under subsection (1) and 22

the requirement under the notice has not been waived, the 23

licensee must complete the training course or test in compliance 24

with the notice. 25

Division 2 — Offences 26

23. Requirement to comply with licence conditions 27

A licensee commits an offence if the licensee contravenes a 28

condition to which the licence is subject under section 16(2) or 29

the regulations. 30




Part 4

Offences Division 2

s. 24

page 21

24. Requirements to display and produce documents 1

(1) A licensee must, at all times when driving a vehicle as a taxi, 2

display in the vehicle, in a prominent position and in the 3

approved manner — 4

(a) the licensee’s licence document; and 5

(b) any additional document issued to the licensee by the 6

CEO and prescribed by the regulations as a document 7

that must be displayed in vehicles of that class that are 8

driven as taxis. 9


(2) A licensee must produce the licensee’s licence document at the 11

request of an authorised officer. 12


25. Requirements to surrender documents 14

(1) A person whose licence is suspended under section 30(4), or has 15

been cancelled under section 32(3), 33(2)(a) or 38(3)(a), 16

must — 17

(a) if an authorised officer requests the person to surrender 18

the licence document and the licence document is in the 19

person’s physical possession when the request is 20

made — surrender the licence document to the 21

authorised officer; or 22

(b) otherwise — surrender the licence document to the 23

CEO, in the approved manner, within 14 days after the 24

suspension or cancellation takes effect. 25


(2) A licensee who has been given a notice under section 20(3)(b) 27

must surrender the licensee’s licence document, in the approved 28

manner, within 14 days after the notice is given. 29



Part 4 Obligations of taxi drivers

Division 3 Regulations and code of conduct

s. 26

page 22

(3) A person who is required to surrender a licence document under 1

subsection (1) or (2) must surrender with the licence document 2

any additional identification document issued to the person. 3


26. Requirement to notify CEO of change of address 5

A licensee must, in the approved manner, give the CEO notice 6

of any change to the licensee’s residential address within 7

21 days after the change occurs. 8


27. Requirements to notify CEO of certain mental or physical 10

conditions 11

(1) A licensee who becomes affected by a notifiable condition must 12

give the CEO notice of the condition in the approved manner as 13

soon as is reasonably practicable after becoming aware of the 14

condition. 15


(2) A licensee who has given the CEO notice of a condition under 17

subsection (1) must give the CEO notice in the approved 18

manner of any substantial increase in the degree to which the 19

licensee is affected by the condition as soon as is reasonably 20

practicable after becoming aware of the increase. 21


Division 3 — Regulations and code of conduct 23

28. Regulations about conduct of licensees 24

(1) The regulations may regulate the conduct and behaviour of 25

licensees in relation to the driving of vehicles as taxis. 26



Part 4

Regulations and code of conduct Division 3

s. 29

page 23

(2) Without limiting subsection (1), the regulations may make 1

provision in relation to the following — 2

(a) circumstances under which a licensee may, must or must 3

not — 4

(i) refuse to accept a prospective passenger; or 5

(ii) terminate a hiring; or 6

(iii) carry any thing; 7

(b) the conduct and behaviour of licensees towards 8

passengers and prospective passengers; 9

(c) the route that a licensee must drive to reach any 10

destination; 11

(d) the standard of dress, or uniforms, to be worn by 12

licensees. 13

29. Code of conduct 14

(1) The CEO may approve in writing a code of conduct for 15

licensees. 16

(2) A code of conduct approved under subsection (1) is subsidiary 17

legislation for the purposes of the Interpretation Act 1984 and 18

section 42 of that Act applies to and in relation to the code of 19

conduct as if it were a regulation. 20

(3) The CEO must ensure that the code of conduct approved under 21

subsection (1), as in force from time to time, is published on a 22

website maintained by the Department. 23


Part 5 Suspension, cancellation and disqualification

Division 1 Suspension

s. 30

page 24

Part 5 — Suspension, cancellation and disqualification 1

Division 1 — Suspension 2

30. Suspension order 3

(1) The CEO may make an order (a suspension order) suspending a 4

licence if — 5

(a) the licensee is charged with a disqualification offence; 6

or 7

(b) the CEO suspects on reasonable grounds that the 8

licensee — 9

(i) has committed a disqualification offence; or 10

(ii) is not a fit and proper person to hold a licence; or 11

(iii) is mentally or physically unfit to drive a vehicle 12

as a taxi; 13

or 14

(c) the licensee has contravened — 15

(i) a requirement under section 21(1) to give the 16

CEO an approved medical report; or 17

(ii) a requirement under section 22(4) to complete a 18


(2) A suspension order made under subsection (1)(a) or (b) may 20

include a requirement that the licensee undertake remedial 21

action. 22

(3) The CEO must give written notice of a suspension order to the 23

licensee stating the following — 24

(a) that the licence is suspended; 25

(b) the day on which the period of suspension commences; 26

(c) the grounds on which the order is made; 27

(d) any remedial action that the licensee is required to take 28

under subsection (2); 29


Suspension, cancellation and disqualification Part 5

Suspension Division 1

s. 31

page 25

(e) if the order is made under subsection (1)(b) or (c) — 1

that the licensee has a right to a review under section 55. 2

(4) A licence subject to a suspension order is suspended under the 3

order for a period — 4

(a) commencing on the day stated in the notice under 5

subsection (3)(b); and 6

(b) ending on whichever of the following occurs first — 7

(i) the day stated in a notice of revocation of the 8

suspension order under section 31(5)(b); 9

(ii) the day on which the licence expires or is 10

cancelled. 11

(5) A suspension order may be made even if the licence is already 12

suspended when the order is made. 13

(6) The CEO may, by written notice given to the licensee, vary or 14

waive a requirement imposed under subsection (2). 15

31. Revocation of suspension order 16

(1) The CEO may at any time revoke a suspension order. 17

(2) The CEO must revoke a suspension order made under 18

section 30(1)(a) or (b) as soon as is reasonably practicable after 19

the CEO becomes satisfied that — 20

(a) if the suspension order includes a requirement under 21

section 30(2) that the licensee undertake any remedial 22

action — that action has been undertaken; and 23

(b) the grounds for making the suspension order no longer 24

exist. 25


section 30(1)(c)(i) as soon as is reasonably practicable after the 27

licensee gives the CEO an approved medical report about the 28

licensee. 29



Division 2 Cancellation: by order

s. 32

page 26


section 30(1)(c)(ii) as soon as is reasonably practicable after — 2

(a) the CEO becomes satisfied that the licensee has 3

successfully completed a training course or test that is 4

the same as, or substantially equivalent to, the training 5

course or test that the licensee was required to complete 6

under section 22(4); or 7

(b) the CEO becomes satisfied, on any basis and in any 8

circumstances, that the licensee holds the competency 9

that was to be demonstrated by the successful 10

completion of the training course or test that the licensee 11

was required to complete under section 22(4). 12

(5) The CEO must give a written notice of a revocation of a 13

suspension order to the licensee stating the following — 14

(a) that the suspension of the licensee’s licence has been 15

revoked; 16

(b) the day on which the suspension of the person’s licence 17

under the order ends; 18

(c) the reasons for the revocation. 19

Division 2 — Cancellation: by order 20

32. Cancellation order 21

(1) The CEO may make an order (a cancellation order) cancelling 22

a licence if the CEO is satisfied that — 23

(a) the licensee is not a fit and proper person to hold a 24

licence; or 25

(b) the licensee is mentally or physically unfit to drive a 26

vehicle as a taxi. 27

(2) The CEO must give written notice of a cancellation order to the 28

licensee stating the following — 29

(a) that the licence is cancelled; 30

(b) the day on which the cancellation takes effect; 31



Cancellation and disqualification: conviction of certain offences Division 3

s. 33

page 27

(c) the grounds on which the order is made; 1

(d) that the licensee has a right to a review under section 55. 2

(3) A licence subject to a cancellation order is cancelled on the day 3

stated in the order. 4

(4) A cancellation order may be made even if the licence is 5

suspended when the order is made. 6

Division 3 — Cancellation and disqualification: conviction of 7

certain offences 8

33. Cancellation and disqualification when convicted of offence 9

(1) For the purposes of this Act, a disqualification offence is — 10

(a) an offence under section 8(1), (2) or (4); or 11

(b) an offence under — 12

(i) this Act or another written law; or 13

(ii) a law of the Commonwealth; or 14

(iii) a law of another State or a Territory, 15

that is prescribed by the regulations as a disqualification 16

offence. 17

(2) If a licensee is convicted of a disqualification offence then, by 18

force of this section — 19

(a) the licence is cancelled; and 20

(b) the licensee is disqualified from holding or obtaining a 21

licence for the period prescribed by the regulations. 22

(3) The CEO must give a person written notice of the cancellation 23

of the person’s licence under subsection (2) stating the 24

following — 25

(a) that the licence is cancelled; 26

(b) that the person is disqualified from holding or obtaining 27

a licence; 28



Division 3 Cancellation and disqualification: conviction of certain offences

s. 33

page 28

(c) the period prescribed by the regulations for which the 1

person is disqualified; 2

(d) that the cancellation took effect and the period of 3

disqualification commenced when the person was 4

convicted of the disqualification offence; 5

(e) the grounds for the cancellation and disqualification. 6

(4) A period of disqualification under subsection (2)(b) — 7

(a) commences when the licensee is convicted of the 8

disqualification offence; and 9

(b) ends when the period of disqualification prescribed by 10

the regulations has expired. 11

(5) A period of disqualification (which may be permanent) must be 12

prescribed by the regulations in relation to each disqualification 13

offence. 14

(6) Different periods of disqualification may be prescribed in 15

relation to a disqualification offence depending on any of the 16

following — 17

(a) whether the offence is a first or subsequent offence; 18

(b) the circumstances in which the offence is committed; 19

(c) the length of time that the licensee has continuously held 20

a licence that is in force when the offence is committed; 21

(d) whether or not the licensee has previously been 22

disqualified under subsection (2)(b). 23

(7) Despite subsection (4)(b), if a person’s conviction for a 24

disqualification offence is quashed or set aside, then the period 25

of disqualification ends when the conviction is quashed or set 26

aside. 27

(8) For the purposes of determining when a period of 28

disqualification under this section ends, the period is to be taken 29

to have commenced at the start of the day on which the person 30

was convicted of the disqualification offence. 31



Cancellation and disqualification: penalty points Division 4

s. 34

page 29

(9) The cancellation of a licence under subsection (2)(a) has effect 1

even if the licence is suspended when the licensee is convicted 2

of the disqualification offence. 3

(10) Nothing in this section prevents the commencement of a period 4

of disqualification from being postponed under section 39. 5

(11) The regulations may provide for the reinstatement of licences, 6

or make any other provision necessary or convenient to be 7

made, to deal with consequences of a conviction for a 8

disqualification offence being quashed or set aside in a case in 9

which a licence has been cancelled under subsection (2)(a) 10

because of the conviction. 11

Division 4 — Cancellation and disqualification: penalty points 12

Subdivision 1 — Penalty points register 13

34. Penalty points offences 14

(1) For the purposes of this Act, a penalty points offence is an 15

offence (other than a disqualification offence) — 16

(a) under this Act, the Taxi Act 1994 or the Transport 17

Co-ordination Act 1966 that is prescribed by the 18

regulations as a penalty points offence; or 19

(b) under the Tobacco Products Control Act 2006 that 20

relates to smoking in an enclosed place and is prescribed 21

by the regulations as a penalty points offence. 22

(2) A number of penalty points must be prescribed by the 23

regulations to apply in relation to each penalty points offence. 24

(3) Different numbers of penalty points may be prescribed that 25

apply in relation to a penalty points offence depending on any of 26

the following — 27

(a) whether the offence is a first or subsequent offence; 28

(b) the circumstances in which the offence is committed. 29



Division 4 Cancellation and disqualification: penalty points

s. 35

page 30

35. Recording, expiry and cancellation of penalty points 1

(1) If the CEO becomes aware that a licensee, or a person who has 2

held a licence within the previous 3 years — 3

(a) has been convicted of a penalty points offence; or 4

(b) has been dealt with by infringement notice for an 5

alleged offence that is a penalty points offence, 6

the CEO must cause the penalty points offence, and the number 7

of penalty points that apply in relation to that offence, to be 8

recorded against that person in the penalty points register. 9

(2) Penalty points recorded against a person in the penalty points 10

register in relation to a penalty points offence or alleged penalty 11

points offence expire at the end of the period of 3 years after the 12

day on which the penalty points offence was committed or 13

allegedly committed. 14

(3) Penalty points recorded against a person in the penalty points 15

register on or before the day on which an excessive penalty 16

points notice is given to the person under section 38 are 17

cancelled when the notice is given. 18

36. Removal of penalty points from register 19

(1) The CEO must cause any penalty points recorded against a 20

person in the penalty points register to be removed from the 21

register — 22

(a) in the case of penalty points recorded under 23

section 35(1)(a) because a person has been convicted of 24

a penalty points offence — if the conviction is quashed 25

or set aside; or 26

(b) in the case of penalty points recorded under 27

section 35(1)(b) because an alleged penalty points 28

offence has been dealt with by infringement notice — if 29

the CEO is satisfied that — 30

(i) the infringement notice has been withdrawn; or 31




s. 37

page 31

(ii) proceedings under the Fines, Penalties and 1

Infringement Notices Enforcement Act 1994 2

Part 3 in relation to the infringement notice have 3

been withdrawn; or 4

(iii) the matter has come before a court for 5

determination. 6

(2) Penalty points removed from the penalty points register under 7

subsection (1) are to be taken never to have been recorded. 8

(3) Subsection (1)(b) does not prevent the penalty points removed 9

from being again recorded if the alleged offender is convicted of 10

the alleged offence. 11

(4) The regulations may provide for the adjustment of the penalty 12

points register, or make any other provision necessary or 13

convenient to be made, to deal with consequences of 14

subsection (1) in a case in which, before the penalty points are 15

removed from the penalty points register, anything has been 16

done on the basis that the penalty points were recorded. 17

(5) Regulations referred to in subsection (4) may provide for 18

penalty points cancelled under section 35(3) to be again 19

recorded against a person. 20

37. Penalty points register 21

(1) The CEO is to ensure that a penalty points register is maintained 22

in accordance with this section. 23

(2) There is to be recorded in the penalty points register — 24

(a) the name of each person against whom penalty points 25

are recorded under this Subdivision; and 26

(b) against the name of each person recorded in the penalty 27

points register — 28

(i) each offence or alleged offence for which 29

penalty points are recorded against the person 30

under section 35(1); and 31



Division 4 Cancellation and disqualification: penalty points

s. 38

page 32

(ii) the day on which each offence or alleged offence 1

mentioned in subparagraph (i) was committed or 2

allegedly committed; and 3

(iii) the number of penalty points recorded against the 4

person for each offence or alleged offence 5

mentioned in subparagraph (i); and 6

(iv) if an excessive penalty points notice has been 7

given to the person under section 38 — the day 8

on which the notice was given, the number of 9

penalty points stated in the notice and the period 10

of disqualification stated in the notice; and 11

(v) if any penalty points recorded against the person 12

have expired under section 35(2) — the number 13

of penalty points that expired and the day on 14

which this occurred; and 15

(vi) if any penalty points recorded against the person 16

have been cancelled under section 35(3) — the 17

number of penalty points that were cancelled and 18

the day on which this occurred; and 19

(vii) if any penalty points recorded against the person 20

have been removed under section 36 — the 21

number of penalty points that have been 22

removed; 23

and 24

(c) anything else prescribed by the regulations. 25

Subdivision 2 — Cancellation and disqualification due to excessive 26

penalty points 27

38. Excessive penalty points notice 28

(1) The CEO must give a person a notice (an excessive penalty 29

points notice) as soon as is reasonably practicable after — 30

(a) the day on which the number of current penalty points 31

recorded against the person in the penalty points register 32

reaches at least 12, if the person, on that day, has 33




s. 38

page 33

continuously for at least the previous 12 months held a 1

licence that is in force; or 2

(b) the day on which the number of current penalty points 3

recorded against the person in the penalty points register 4

reaches at least 6, if the person, on that day — 5

(i) holds a licence, but has not continuously for at 6

least the previous 12 months held a licence that 7

is in force; or 8

(ii) does not hold a licence. 9

(2) An excessive penalty points notice given to a person must state 10


(a) if the person holds a licence — that the licence is 12

cancelled; 13

(b) that the person is disqualified from holding or obtaining 14

a licence; 15

(c) the period prescribed by the regulations for which the 16

person is disqualified; 17

(d) the day on which the notice is given; 18

(e) the number of current penalty points reached on that 19

day; 20

(f) the day on which the cancellation (if any) takes effect 21

and the period of disqualification commences. 22

(3) If the CEO gives a person an excessive penalty points notice — 23

(a) any licence held by the person is cancelled on the day 24

stated in the notice; and 25

(b) the person is disqualified from holding or obtaining a 26

licence for the period prescribed by the regulations. 27

(4) The regulations may prescribe periods of disqualification 28

(which may be permanent) for the purposes of subsection (3)(b). 29



Division 5 General provisions

s. 39

page 34

(5) Different periods of disqualification may be prescribed 1

depending on any of the following — 2

(a) the number of current penalty points reached on the day 3

the notice is given; 4

(b) whether or not the person holds a licence that is in force, 5

or the length of time that the person has continuously 6

held a licence that is in force, when the notice is given; 7

(c) whether or not the person has previously been 8

disqualified under subsection (3)(b). 9

(6) The cancellation of a licence under subsection (3)(a) has effect 10

even if the licence is suspended when the notice is given. 11

(7) Nothing in this section prevents the commencement of a period 12

of disqualification from being postponed under section 39. 13

Division 5 — General provisions 14

39. Cumulative effect of disqualification 15

(1) This section applies if, when the period for which a person is 16

disqualified (the new disqualification period) under 17

section 33(2)(b) or 38(3)(b) would otherwise commence, the 18

person is already disqualified under either of those sections. 19

(2) The commencement of the new disqualification period is 20

postponed, and the disqualification does not have effect, until 21

the existing period of disqualification, and any period of 22

disqualification that commences subsequently, has ended. 23

(3) Postponing the commencement of the new disqualification 24

period does not reduce the new disqualification period. 25



General provisions Division 5

s. 40

page 35

40. Effect of permanent disqualification 1

If a person is permanently disqualified under section 33(2)(b) 2

or 38(3)(b), then despite any other provision of this Act, the 3

CEO is not required — 4

(a) to record penalty points against the person in the penalty 5

points register; or 6

(b) to give the person an excessive penalty points notice. 7


Part 6 Enforcement

s. 41

page 36

Part 6 — Enforcement 1

41. Authorised officers 2

(1) For the purposes of this Act, an authorised officer is — 3

(a) a police officer; or 4

(b) a person designated by the CEO under subsection (2). 5

(2) The CEO may designate as an authorised officer a person 6

employed in, or engaged for the purposes of, the Department. 7

(3) The CEO must ensure that each authorised officer designated 8

under subsection (2) is issued with an identity card in the 9

approved form. 10

(4) An authorised officer designated under subsection (2) must — 11

(a) carry the officer’s identity card when performing 12

functions under this Act; and 13

(b) if it is practicable to do so, produce the officer’s identity 14

card before exercising a power under this Act. 15

(5) In any proceedings, the production of an identity card is 16

evidence of the designation under subsection (2) of the 17

authorised officer to whom the card relates. 18

42. Powers of authorised officers 19

(1) An authorised officer may exercise the powers set out in this 20

Part for the following purposes — 21

(a) to monitor compliance with this Act, the regulations or a 22

code of conduct approved under section 29; 23

(b) to investigate a suspected contravention of this Act or 24

the regulations; 25

(c) to investigate whether there are grounds for making a 26

suspension order or cancellation order. 27


Enforcement Part 6

s. 42

page 37

(2) For purposes mentioned in subsection (1), an authorised officer 1

may do any or all of the following in relation to a vehicle — 2

(a) stop and detain the vehicle for as long as is reasonably 3

necessary; 4

(b) direct the person driving the vehicle to produce for 5

inspection either or both of the following — 6

(i) the person’s licence document; 7

(ii) the person’s driver’s licence; 8

(c) direct any person to alight from, or not to enter, the 9

vehicle; 10

(d) direct the person driving the vehicle, or any passenger, 11

to — 12

(i) give such information as is required; or 13

(ii) answer a question put to the person; or 14

(iii) state the person’s name and address; or 15

(iv) produce a document or record that is in the 16

person’s possession or under the person’s 17

control; 18

(e) inspect the vehicle; 19

(f) inspect, retain or make copies of any document or record 20

produced under paragraph (d)(iv). 21


may do any or all of the following — 23

(a) direct a person mentioned in subsection (5) — 24

(i) to give such information as is required; or 25

(ii) to answer a question put to the person; 26

(b) direct a person mentioned in subsection (5) to produce a 27

document or record that is in the person’s possession or 28

under the person’s control; 29

(c) inspect, retain or make copies of any document or record 30

produced under paragraph (b). 31


Part 6 Enforcement

s. 42

page 38


may, in accordance with subsection (6), enter premises occupied 2

by a person mentioned in subsection (5) and do any or all of the 3

following at the premises — 4

(a) search the premises; 5

(b) operate a computer or other thing at the premises; 6

(c) make a copy of, take an extract from, download or print 7

out any document or record; 8

(d) seize a document or record and retain it for as long as is 9

reasonably necessary; 10

(e) direct the occupier of the place, or a person at the place, 11

to give the authorised officer such assistance as the 12

officer reasonably requires for purposes mentioned in 13

subsection (1). 14

(5) The powers in subsections (3) and (4) may be exercised in 15

relation to — 16

(a) a person who holds or has held a licence; or 17

(b) a person whom an authorised officer suspects on 18

reasonable grounds has driven a vehicle as a taxi; or 19

(c) a provider of a taxi dispatch service; or 20

(d) an owner or lessee of taxi plates issued under the Taxi 21

Act 1994 or a holder of a taxi-car licence issued under 22

the Transport Co-ordination Act 1966 Part IIIB; or 23

(e) a person who acts as an agent for a person referred to in 24

paragraph (d). 25

(6) The power to enter premises under subsection (4) must be 26

exercised — 27

(a) with the consent of the occupier; or 28

(b) under an entry warrant issued under section 44. 29


Enforcement Part 6

s. 43

page 39

(7) Where under this section a person is directed to give any 1

information, answer any question or produce any document or 2

record — 3

(a) that person cannot refuse to comply with that direction 4

on the ground that the information, answer, document or 5

record may tend to incriminate the person or render the 6

person liable to any penalty; but 7

(b) the information or answer given, or document or record 8

produced, by the person is not admissible in evidence in 9

any criminal proceedings against the person other than 10

proceedings for perjury. 11

43. Application for entry warrant 12


remote communication means any way of communicating at a 14

distance including by telephone, fax, email and radio. 15

(2) A reference in this section to making an application includes a 16

reference to giving information in support of the application. 17

(3) An authorised officer may apply to a JP for an entry warrant 18

authorising the entry of a place for purposes mentioned in 19

section 42(1). 20

(4) The application must be made in accordance with this section 21

and must include the prescribed information (if any). 22

(5) An application must be made in person before a JP unless — 23

(a) the warrant is needed urgently; and 24

(b) the applicant reasonably suspects that a JP is not 25

available within a reasonable distance of the applicant, 26

in which case — 27

(c) the application may be made to the JP by remote 28

communication; and 29

(d) the JP must not grant it unless satisfied about the matters 30

in paragraphs (a) and (b). 31


Part 6 Enforcement

s. 43

page 40

(6) An application must be made in writing unless — 1

(a) the application is made by remote communication; and 2

(b) it is not practicable to send the JP written material, 3

in which case — 4

(c) the application may be made orally; and 5

(d) the JP must make a written record of the application and 6

any information given in support of it. 7

(7) An application must be made on oath unless — 8

(a) the application is made by remote communication; and 9

(b) it is not practicable for the JP to administer an oath to 10

the applicant, 11

in which case — 12

(c) the application may be made in an unsworn form; and 13

(d) if the JP issues an entry warrant, the applicant must as 14

soon as is reasonably practicable send the JP an affidavit 15

verifying the application and any information given in 16

support of it. 17

(8) If on application made by remote communication a JP issues an 18

entry warrant, the JP must if practicable send a copy of the 19

original warrant to the applicant by remote communication, but 20

otherwise — 21

(a) the JP must send the applicant by remote 22

communication any information that must be set out in 23

the warrant; and 24

(b) the applicant must complete a form of warrant with the 25

information received and give the JP a copy of the form 26

as soon as is practicable after doing so; and 27

(c) the JP must attach a copy of the form to the original 28

warrant and any affidavit received from the applicant 29

and make them available for collection by the applicant. 30


Enforcement Part 6

s. 44

page 41

(9) The copy of the original warrant sent, or the form of the warrant 1

completed, as the case may be, under subsection (8) has the 2

same force and effect as the original warrant. 3

(10) If an applicant contravenes subsection (7)(d) or (8)(b), any 4

evidence obtained under the entry warrant is not admissible in 5

proceedings in court or in the State Administrative Tribunal. 6

44. Issue and content of entry warrant 7

(1) On application under section 43, a JP may issue an entry 8

warrant if satisfied that it is necessary for an authorised officer 9

to enter a place for purposes mentioned in section 42(1). 10

(2) An entry warrant must contain the following information — 11

(a) a reasonably particular description of the place to which 12

it relates; 13

(b) a reasonably particular description of the purposes for 14

which entry is required; 15

(c) if a contravention of this Act or the regulations is 16

suspected — the provision concerned; 17

(d) the period during which it may be executed, which must 18

not be longer than 14 days; 19

(e) the name of the JP who issued it; 20

(f) the date and time when it was issued. 21

(3) An entry warrant must be in the prescribed form. 22

(4) If a JP refuses to issue an entry warrant, the JP must record on 23

the application the fact of, the date and time of, and the reasons 24

for, the refusal. 25

45. Effect of entry warrant 26

(1) An entry warrant has effect according to its content and this 27

section. 28

(2) An entry warrant comes into force when it is issued by a JP. 29

(3) An entry warrant may be executed by any authorised officer. 30


Part 6 Enforcement

s. 46

page 42

46. Obstructing authorised officer or not complying with 1

direction 2

(1) A person must comply with a direction given by an authorised 3

officer under this Part. 4


(2) A person must not hinder or obstruct an authorised officer in the 6

exercise of a function under this Part. 7



Exchange of information

Part 7

s. 47

page 43

Part 7 — Exchange of information 1

47. Terms used 2

In this Part — 3

disclose includes to provide, to release and to give access to; 4

driver’s licence information means — 5

(a) information about drivers’ licences including — 6

(i) details of the persons who have made 7

applications for or in relation to those licences; 8

and 9

(ii) details of the persons who hold or have held 10

those licences; and 11

(iii) information contained in a driver’s licence 12

register maintained under a driving authorisation 13

law; 14

or 15

(b) information about driving authorisations (other than 16

drivers’ licences) obtained by the road traffic Director 17

General from an authority of another State, a Territory, 18

or another country under a road law, 19

but does not include photographs or signatures provided in 20

connection with the grant of drivers’ licences or driving 21

authorisations; 22

infringement notice information means information about 23

infringement notices including information about the 24

following — 25

(a) the giving of an infringement notice to a person; 26

(b) the payment of an amount of money in accordance with 27

an infringement notice; 28

(c) the withdrawal of an infringement notice; 29

(d) a matter in relation to which an infringement notice was 30

issued coming before a court for determination; 31


Part 7 Exchange of information

s. 47

page 44

(e) the registration of an infringement notice under the 1

Fines, Penalties and Infringement Notices Enforcement 2

Act 1994 Part 3; 3

(f) any withdrawal of proceedings under the Fines, 4

Penalties and Infringement Notices Enforcement 5

Act 1994 Part 3 in relation to the infringement notice; 6

interstate taxi authority means a person, agency or authority of 7

another State or a Territory that administers or performs 8

functions under an interstate taxi law; 9

interstate taxi law means a law of another State or a Territory 10

that deals with taxis or the authorisation of persons to drive 11

taxis; 12

law enforcement official means a person prescribed, or a person 13

of a class prescribed, by the regulations; 14

offence information means the following — 15

(a) details of the following — 16

(i) any offence with which a person has been 17

charged, or of which a person has been 18

convicted, in the State; 19

(ii) any penalty, suspension, cancellation or 20

disqualification resulting from such a conviction; 21

(b) any details the Commissioner of Police has of the 22

following — 23

(i) any offence with which a person has been 24

charged, or of which a person has been 25

convicted, elsewhere than in the State; 26

(ii) any penalty, suspension, cancellation or 27

disqualification resulting from such a conviction; 28

relevant person means a person who has applied for a licence, 29

holds a licence or has held a licence; 30

road law means — 31

(a) the Road Traffic Act 1974; 32

(b) the Road Traffic (Administration) Act 2008; 33



Part 7

s. 48

page 45

(c) the Road Traffic (Authorisation to Drive) Act 2008; 1

(d) the Road Traffic (Vehicles) Act 2012; 2

road traffic Director General — 3


(Administration) Act 2008 section 4 — means the 5

Director General as defined in the Road Traffic Act 1974 6

section 5(1); or 7


(Administration) Act 2008 section 4 — means the CEO 9

as defined in that section; 10

taxi driver licence information means information about 11

licences, including — 12

(a) details of the persons who have made applications under 13

this Act for or in relation to those licences; and 14

(b) details of the persons who hold or have held those 15

licences; and 16

(c) details of suspensions and cancellations of, and 17

disqualifications from holding or obtaining, those 18

licences; and 19

(d) details of charges and convictions for offences under 20

this Act; 21

traffic infringement notice information means details of the 22

instances in which a person has paid a penalty under an 23

infringement notice under a road law, obtained by the road 24

traffic Director General from the Commissioner of Police under 25

a road law. 26

48. Use of and access to information 27

The CEO may have access to and make use of the following for 28

the purposes of the performance of the CEO’s functions under 29

this Act but not for any other purpose — 30

(a) information disclosed to the CEO under this Part; 31



s. 49

page 46

(b) photographs disclosed to the CEO under a driving 1

authorisation law. 2

49. Use of photographs 3

The CEO is authorised, for the purposes of producing a licence 4

document or an additional identification document in relation to 5

a licence (the taxi driver licence), to use any photograph that 6

was provided by the licensee — 7

(a) under a driving authorisation law in connection with the 8

grant of a driver’s licence or learner’s permit to the 9

licensee; and 10

(b) within 10 years before the taxi driver licence is granted. 11

50. Disclosure of information by CEO to Commissioner of 12

Police or other authorities 13

(1) The CEO must disclose the following information to the 14

Commissioner of Police — 15

(a) taxi driver licence information; 16

(b) any other information prescribed by the regulations. 17

(2) Information disclosed under subsection (1) — 18

(a) may be used in the performance of the Commissioner of 19

Police’s functions under a written law but not for any 20

other purpose; and 21

(b) may be disclosed by the Commissioner of Police to a 22

police officer for use in the performance of the functions 23

of that officer under this Act or another written law but 24

not for any other purpose. 25

(3) The CEO may disclose the following information to a body or 26

person with whom an agreement has been made under 27

section 58 if the CEO considers that the information is required 28

for the purposes of the performance of a function under the 29

agreement — 30




Part 7

s. 51

page 47

(b) infringement notice information relating to any 1

infringement notice given for an alleged offence under 2

this Act; 3

(c) any information disclosed to the CEO under section 51 4

or by an interstate taxi authority; 5

(d) any other information prescribed by the regulations. 6

(4) The CEO may disclose the following information to a law 7

enforcement official if the CEO considers that the information is 8

required by the official for the purposes of the performance of 9

the official’s functions — 10



51. Disclosure of information to CEO by Commissioner of 13

Police or other authorities 14

(1) The Commissioner of Police must disclose the following 15

information to the CEO — 16

(a) offence information about a relevant person; 17


(2) The road traffic Director General must disclose the following 19

information to the CEO — 20

(a) driver’s licence information about a relevant person; 21

(b) traffic infringement notice information about a relevant 22

person; 23

(c) any other information prescribed by the regulations. 24

(3) The Director General (as defined by the Taxi Act 1994 25

section 3(1)) must disclose the following information to the 26

CEO — 27

(a) information about any offence with which a relevant 28

person has been charged under the Taxi Act 1994; 29



s. 52

page 48


infringement notice given to a relevant person for an 2

alleged offence under the Taxi Act 1994; 3


(4) The Director General (as defined by the Transport 5

Co-ordination Act 1966 section 4(1)) must disclose the 6

following information to the CEO — 7

(a) information about any offence with which a relevant 8

person has been charged under the Transport 9

Co-ordination Act 1966; 10


infringement notice given to a relevant person for an 12

alleged offence under the Transport Co-ordination 13

Act 1966; 14


52. Exchange of information between CEO and interstate taxi 16

authorities 17

(1) The CEO may disclose the following information to an 18

interstate taxi authority if the CEO considers that the 19

information is required by the authority for the purposes of the 20

performance of its functions — 21



infringement notice given for an alleged offence under 24

this Act. 25

(2) If information disclosed under subsection (1) includes 26

information about an offence of which a person has been 27

convicted or an alleged offence for which a person has been 28

given an infringement notice, the CEO must also disclose to the 29

relevant authority — 30

(a) any quashing or setting aside of the conviction; or 31



Part 7

s. 53

page 49

(b) any withdrawal of the infringement notice or the matter 1

coming before a court for determination; or 2

(c) any withdrawal of proceedings under the Fines, 3

Penalties and Infringement Notices Enforcement 4

Act 1994 Part 3 in respect of the infringement notice; or 5

(d) anything else known to the CEO concerning the offence 6

or alleged offence the disclosure of which is likely to be 7

favourable to that person. 8

(3) The CEO may seek from an interstate taxi authority any 9

information that the CEO considers is required for the purposes 10

of the performance of the CEO’s functions under this Act. 11

53. Disclosures under this Part free of charge 12

A disclosure of information under this Part must be free of 13

charge. 14

54. Regulations may exempt information 15

The regulations may exempt specified information from any 16

requirement to disclose information under this Part. 17


Part 8 Miscellaneous

s. 55

page 50

Part 8 — Miscellaneous 1

55. Reviewable decisions 2


reviewable decision means a decision of the CEO to — 4

(a) refuse to grant a licence under section 12 or 14; or 5

(b) impose conditions on a licence under section 16(1) 6

or (2); or 7

(c) refuse an application under section 17 for the variation 8

of the conditions of a licence; or 9

(d) vary the conditions of a licence under section 18 on the 10

CEO’s own initiative; or 11

(e) give a licensee a notice under section 21(2); or 12

(f) vary a notice under section 21(3)(b); or 13

(g) give a licensee a notice under section 22; or 14

(h) make a suspension order under section 30(1)(b) or (c); 15

or 16

(i) make a cancellation order under section 32. 17

(2) A person aggrieved by a reviewable decision may request the 18

CEO in writing to reconsider the decision. 19

(3) A request under subsection (2) must be made within 28 days 20

after the CEO gives the person notice under this Act of the 21

reviewable decision. 22

(4) On request under subsection (2), the CEO must reconsider the 23

decision and may confirm, alter or revoke the decision. 24

(5) A person aggrieved by a reviewable decision, or the decision 25

made by the CEO under subsection (4) on reconsidering a 26

reviewable decision, may apply to the State Administrative 27

Tribunal for a review of the decision by which the person is 28

aggrieved. 29


Miscellaneous Part 8

s. 56

page 51

56. Training courses and tests 1

(1) The CEO may, for the purposes of each of 2

sections 12(1)(f), 18(1)(b) and 22(1), approve in writing either 3

or both of the following — 4

(a) one or more training courses; 5

(b) one or more tests. 6

(2) An approval under subsection (1) must — 7

(a) describe the training course or test; and 8

(b) specify the classes of person to whom the training 9

course or test applies; and 10

(c) if the approval is for the purposes of section 12(1)(f) 11

or 18(1)(b) — specify a period of time (the qualification 12

period) commencing on the successful completion of the 13

training course or test during which a person will be 14

considered to hold the competency demonstrated by the 15

successful completion of the training course or test. 16

(3) Without limiting subsection (1), the CEO may approve different 17

training courses or tests that apply to different classes of person 18

depending on any or all of the following — 19

(a) the conditions that apply, or the conditions that the 20

person wants to apply, to a licence that the person holds 21

or for which the person has applied; 22

(b) whether or not, and under what circumstances, the 23

person has previously been disqualified; 24

(c) whether or not the person holds a licence that is in force, 25

or the length of time that the person has continuously 26

held a licence that is in force. 27

(4) The CEO may approve a training course or test under 28

subsection (1) whether that training course or test is 29

administered by the CEO or by another person or body. 30

(5) The CEO may revoke an approval under subsection (1). 31



s. 57

page 52

(6) The CEO is authorised to administer, or cause to be 1

administered, any training course or test approved by the CEO 2

under subsection (1). 3

57. Delegation 4

(1) The CEO may delegate to a person any power or duty of the 5

CEO under another provision of this Act. 6

(2) The delegation must be in writing signed by the CEO. 7

(3) A person to whom a power or duty is delegated cannot delegate 8

that power or duty. 9

(4) A person exercising or performing a power or duty that has been 10

delegated to the person under this section is to be taken to do so 11

in accordance with the terms of the delegation unless the 12

contrary is shown. 13

(5) Nothing in this section limits the ability of the CEO to perform 14

a function through an officer or agent. 15

58. Agreements for performance of functions 16

(1) The CEO may enter into an agreement providing for the CEO’s 17

functions under this Act that are described in the agreement to 18

be performed on behalf of the CEO. 19

(2) The agreement may be with the Commissioner of Police, a local 20

government, or any other person or body, whether or not the 21

person or body has itself functions of a public nature. 22

(3) A function described in the agreement may be performed — 23

(a) in accordance with the agreement; and 24

(b) on and subject to the terms and conditions of the 25

agreement. 26

(4) If the performance of a function is dependent upon the opinion, 27

belief or state of mind of the CEO it may be performed under 28

the agreement upon the opinion, belief or state of mind of the 29



s. 59

page 53

body or person with whom the agreement is made or another 1

person provided for in the agreement. 2

(5) For the purposes of this Act or any other written law, an act or 3

thing done by, to, by reference to, or in relation to, a body or 4

person in connection with the performance by that body or 5

person under the agreement of a function of the CEO is as 6

effectual as if it had been done by, to, by reference to, or in 7

relation to, the CEO. 8

59. Protection from personal liability 9

(1) An action in tort does not lie against a person for anything that 10

the person has done, in good faith, in the performance or 11

purported performance of a function under this Act. 12

(2) The Minister and the State are also relieved of any liability that 13

either of them might otherwise have had for another person 14

having done anything as described in subsection (1). 15

(3) The protection given by this section applies even though the 16

thing done as described in subsection (1) may have been 17

capable of being done whether or not this Act had been enacted. 18

(4) In this section, a reference to the doing of anything includes a 19

reference to an omission to do anything. 20

(5) To avoid doubt, subsection (1) applies to a function performed 21

pursuant to an agreement referred to in section 58. 22

60. Protection of people testing or examining or giving certain 23

information 24

(1) The protection given by this section is in addition to any 25

protection given by section 59. 26

(2) Proceedings for an offence are not to be brought against a 27

person for giving or reporting to the CEO, in good faith, an 28

opinion formed as a result of having administered a training 29

course or test for the purposes of this Act. 30



s. 61

page 54

(3) An action in tort does not lie against a person, and proceedings 1

for an offence are not to be brought against a person, for giving 2

or reporting to the CEO, in good faith, information that 3

discloses or suggests that — 4

(a) another person may be mentally or physically unfit to 5

drive a vehicle as a taxi; or 6

(b) another person may not be a fit and proper person to 7

hold a licence; or 8

(c) it may be dangerous to — 9

(i) grant a licence to another person; or 10

(ii) allow another person to hold a licence; or 11

(iii) vary, or not to vary, the conditions of a licence. 12

61. Publication of certain approvals 13

The CEO must ensure that an approval in force under any of the 14

following provisions is published on a website maintained by 15

the Department — 16

(a) section 24(1); 17

(b) section 25(1)(b) and (2); 18

(c) section 26; 19

(d) section 27(1) and (2); 20

(e) section 56(1). 21

62. Regulations 22

(1) The Governor may make regulations prescribing all matters that 23

are required or permitted by this Act to be prescribed, or are 24

necessary or convenient to be prescribed for giving effect to the 25

purposes of this Act. 26

(2) Without limiting subsection (1), regulations may be made as to 27


(a) the classes of vehicle that persons may be authorised to 29

drive as a taxi; 30



s. 62

page 55

(b) applications under this Act; 1

(c) conferring power on the CEO to conduct any check 2

(including a criminal record check or traffic record 3

check) that the CEO considers appropriate as to the 4

character and background of a person for the purpose of 5

determining whether the person is a fit and proper 6

person to hold a licence; 7

(d) requiring an applicant for a licence to provide any 8

document (including a criminal record check or traffic 9

record check) or information relevant to whether the 10

applicant is a fit and proper person to hold a licence; 11

(e) requiring a licensee who has applied for the variation of 12

the conditions of the licence to provide any document 13

(including a criminal record check or traffic record 14

check) or information relevant to whether the variation 15

is appropriate in the circumstances; 16

(f) requiring a licensee from time to time to provide any 17

document (including a criminal record check or traffic 18

record check) or information relevant to whether the 19

licensee is a fit and proper person to hold a licence or to 20

whether the conditions of the licence are appropriate; 21

(g) the replacement of lost or stolen licence documents or 22

additional identification documents; 23

(h) requiring a licensee to surrender any document issued to 24

the licensee in connection with the licence; 25

(i) the grant of exemptions, with or without conditions, 26

from any requirement under this Act (including a 27

requirement to pay a fee or charge); 28

(j) records to be kept in relation to matters under this Act; 29

(k) the giving of notices or other documents under this Act 30

or the circumstances in which notices or other 31

documents under this Act are to be taken to have been 32

given; 33



s. 62

page 56

(l) fees and charges payable in relation to any matter under 1

this Act, including but not limited to — 2

(i) applications; 3

(ii) the grant of licences (including by way of 4

renewal); 5

(iii) the administration of any training course or test 6

by or on behalf of the CEO for the purposes of 7

this Act (including for failure to attend a training 8

course or test); 9

(iv) the variation of conditions of licences; 10

(v) the issue or replacement of licence documents or 11

additional identification documents; 12

(m) providing that a contravention of a regulation is an 13

offence and providing for a penalty not exceeding a fine 14

of $2 500. 15


Transitional provisions Part 9

s. 63

page 57

Part 9 — Transitional provisions 1

63. Terms used 2

In this Part — 3

commencement day means the day on which Part 2 comes 4

operation under section 2(f); 5

endorsed with extension T, in relation to a driver’s licence, 6

means that the driver’s licence has been endorsed with 7

extension T in accordance with regulations made under a 8

driving authorisation law; 9

pre-commencement licence means a licence granted under 10

section 12 or 64 during the pre-commencement period; 11

pre-commencement period means the period beginning on 12

proclamation day and ending immediately before 13

commencement day; 14

proclamation day means the day fixed under section 2(b). 15

64. Grant of licences during pre-commencement period to 16

persons holding drivers’ licences endorsed with extension T 17

(1) An individual who holds a driver’s licence that is endorsed with 18

extension T may apply to the CEO for the grant of a taxi driver 19

licence under subsection (3). 20

(2) An application under subsection (1) must — 21

(a) be made on or before the day that is 5 months after 22

proclamation day; and 23

(b) be in the approved form; and 24

(c) specify — 25

(i) each class of vehicle that the applicant wants to 26

be authorised to drive as a taxi; and 27

(ii) each designated area in which the applicant 28

wants to be authorised to drive a vehicle as a 29

taxi; 30


Part 9 Transitional provisions

s. 64

page 58

and 1

(d) be accompanied by the prescribed application fee (if 2

any). 3

(3) The CEO must, on application under subsection (1), grant the 4

applicant a licence during the pre-commencement period if the 5

CEO is satisfied that — 6

(a) the applicant holds a driver’s licence endorsed with 7

extension T; and 8

(b) the extension T endorsement has not lapsed because of a 9

failure to comply with a requirement under regulations 10

made under a driving authorisation law to provide a 11

written report of a medical examination; and 12

(c) for each applicable training course or test (if any) — 13




applicant completed the training course or test; 17

and 18

(d) the applicant meets any other criteria prescribed by the 19

regulations. 20

(4) Sections 19 and 55 apply to a decision made under 21

subsection (3) as if that decision were a decision made under 22

section 12. 23

(5) Section 56 applies to the approval of a training course or test for 24

the purposes of subsection (3)(c) — 25

(a) as if that approval were for the purposes of 26

section 12(1)(f); and 27

(b) as if the reference in section 56(3)(c) to the length of 28

time that the person has continuously held a licence that 29

is in force were a reference to the length of time that the 30

person has continuously held a driver’s licence that is in 31

force and is endorsed with extension T. 32


Transitional provisions Part 9

s. 65

page 59

65. Section 64 licence taken to be taxi driver licence 1

On and after commencement day, a licence granted under 2

section 64 is to be taken, for the purposes of this Act (other than 3

this Part), to be a taxi driver licence granted under section 12. 4

66. Section 64 licence of no effect unless driver’s licence 5

endorsed with extension T at commencement day 6

A licence granted under section 64 is, by force of this section, of 7

no effect if, immediately before commencement day, the person 8

to whom the licence is granted no longer holds a driver’s licence 9

endorsed with extension T. 10

67. Special provisions about pre-commencement licences 11

Despite section 65 — 12

(a) section 15 applies in respect of a pre-commencement 13

licence as if — 14

(i) section 15(1) provided that the licence comes 15

into force on commencement day; and 16

(ii) section 15(2) provided that the expiry day was a 17

day specified by the CEO that is at least one 18

year, but no more than 2 years, after 19

commencement day; 20

and 21

(b) sections 17 and 18 apply during the pre-commencement 22

period in respect of a pre-commencement licence; and 23

(c) section 21(1)(b) applies in respect of a person to whom a 24

licence is granted under section 64 as if a written report 25

of a medical examination provided to the CEO before 26

commencement day in accordance with a requirement 27

under a driving authorisation law were an approved 28

medical report given to the CEO by the person in 29

accordance with a requirement under this Act; and 30


Part 9 Transitional provisions

s. 68

page 60

(d) sections 33(6)(c) and 38(1) and (5)(b) apply in respect 1

of a person to whom a pre-commencement licence is 2

granted as if the person had continuously held a licence 3

that is in force during the total period that the person has 4

continuously held one of the following — 5

(i) a driver’s licence that is in force and is endorsed 6

with extension T; 7

(ii) a licence that is in force. 8

68. Driver’s licence may be endorsed with extension T if 9

pre-commencement licence granted 10

The Director General (as defined in the Road Traffic Act 1974) 11

may, during the pre-commencement period, make an 12

extension T endorsement on a person’s driver’s licence under a 13

driving authorisation law, despite the person not applying for 14

the endorsement, if — 15

(a) a pre-commencement licence is granted to the person 16

under section 12; and 17

(b) when the licence is granted, the person does not hold a 18

driver’s licence that is endorsed with extension T. 19

69. Application for extension T endorsement made before 20

proclamation day 21

On and after proclamation day, an application made under a 22

driving authorisation law for a driver’s licence to be endorsed 23

with extension T that was made but not decided before 24

proclamation day is to be taken, for the purposes of this Act, to 25

be an application for a taxi driver licence made under 26

section 11. 27


Consequential amendments Part 10

Road Traffic Act 1974 amended Division 1

s. 70

page 61

Part 10 — Consequential amendments 1

Division 1 — Road Traffic Act 1974 amended 2

70. Act amended 3

This Division amends the Road Traffic Act 1974. 4

71. Section 42E amended 5

After section 42E(6) insert: 6

7

(7A) Subsection (6) does not apply to a person who 8

reproduces a photograph provided under this section — 9

(a) as a result of its disclosure under section 44AD; 10

and 11

(b) in the administration of the Taxi Drivers 12

Licensing Act 2013. 13

14

72. Section 44AA amended 15

In section 44AA insert in alphabetical order: 16

17

CEO (taxi drivers licensing) means the CEO as 18

defined in the Taxi Drivers Licensing Act 2013 19

section 3(1); 20

21

73. Section 44AD inserted 22

At the end of Part IVA Division 4A insert: 23

24

44AD. Disclosure to CEO (taxi drivers licensing) 25

The Director General may disclose photographs to the 26

CEO (taxi drivers licensing) for the purposes of the 27


Part 10 Consequential amendments

Division 2 Road Traffic (Authorisation to Drive) Act 2008 amended

s. 74

page 62

performance of the functions of the CEO (taxi drivers 1

licensing) under the Taxi Drivers Licensing Act 2013. 2

3

Division 2 — Road Traffic (Authorisation to Drive) 4

Act 2008 amended 5

74. Act amended 6

This Division amends the Road Traffic (Authorisation to Drive) 7

Act 2008. 8


After section 9(7) insert: 10

11

(8) Subsection (7) does not apply to a person who 12

reproduces a photograph provided under this section — 13

(a) as a result of its disclosure under section 11E; 14

and 15

(b) in the administration of the Taxi Drivers 16

Licensing Act 2013. 17

18

76. Section 11B amended 19

In section 11B insert in alphabetical order: 20

21

CEO (taxi drivers licensing) means the CEO as 22

defined in the Taxi Drivers Licensing Act 2013 23

section 3(1); 24

25



Road Traffic Legislation Amendment Act 2012 amended Division 3

s. 77

page 63

77. Section 11E inserted 1

At the end of Part 2 Division 3A insert: 2

3

11E. Disclosure to CEO (taxi drivers licensing) 4

The CEO may disclose photographs to the CEO (taxi 5

drivers licensing) for the purposes of the performance 6

of the functions of the CEO (taxi drivers licensing) 7

under the Taxi Drivers Licensing Act 2013. 8

9

Division 3 — Road Traffic Legislation Amendment 10

Act 2012 amended 11

78. Act amended 12

This Division amends the Road Traffic Legislation Amendment 13

Act 2012. 14

79. Section 191 deleted 15

Delete section 191. 16

Division 4 — State Administrative Tribunal Act 2004 amended 17

80. Act amended 18

This Division amends the State Administrative Tribunal 19

Act 2004. 20

81. Schedule 1 amended 21

In Schedule 1 insert in alphabetical order: 22

23

Taxi Drivers Licensing Act 2013 24

25


Part 10 Consequential amendments

Division 5 Taxi Act 1994 amended

s. 82

page 64

Division 5 — Taxi Act 1994 amended 1

82. Act amended 2

This Division amends the Taxi Act 1994. 3


After section 16(8)(c) insert: 5

6

(da) any conviction of an applicant of an offence, or 7

any infringement notice given to an applicant 8

(and not later withdrawn) in respect of an 9

alleged offence, under the Taxi Drivers 10

Licensing Act 2013 or an Act of another State 11

or a Territory corresponding to that Act; and 12

13


Delete section 29(1)(e) and insert: 15

16

(e) complaint resolution; 17

(f) steps to be taken by the provider to ensure that 18

the taxi dispatch services that it provides are 19

not used by taxi drivers who do not hold 20

licences granted under the Taxi Drivers 21

Licensing Act 2013, 22

23


In section 40: 25

(a) delete: 26

27

(h) regulating the conduct and behaviour of taxi 28

drivers in relation to the provision of taxi 29

services; 30

31



Transport Co-ordination Act 1966 amended Division 6

s. 86

page 65

(b) delete: 1

2

(k) regulating the circumstances under which a driver 3

may refuse to accept a passenger or may 4

terminate a hiring; 5

6

Division 6 — Transport Co-ordination Act 1966 amended 7

86. Act amended 8

This Division amends the Transport Co-ordination Act 1966. 9

87. Section 47ZE deleted 10

Delete section 47ZE. 11

88. Section 47ZF amended 12

In section 47ZF(1): 13

(a) delete paragraph (q); 14

(b) in paragraph (u) delete “and holders of taxi-car drivers’ 15

licences”. 16


Part 11 Repeals

s. 89

page 66

Part 11 — Repeals 1


If Part 10 Division 1 of this Act does not come into operation 3

under section 2(c)(ii) of this Act, delete Part 10 Division 1 on 4

the day fixed under section 2(b). 5


If Part 10 Division 3 of this Act does not come into operation 7

under section 2(e)(ii) of this Act, delete Part 10 Division 3 on 8

the day on which section 87 comes into operation under 9

section 2(f). 10

11


Defined terms

page 67

Defined terms

[This is a list of terms defined and the provisions where they are defined.

The list is not part of the law.]

Defined term Provision(s)

additional identification document................................................................... 3(1)

applicable training course or test ..................................................................... 3(1)

approved .......................................................................................................... 3(1)

approved medical report .................................................................................. 3(1)

authorised officer ............................................................................................. 3(1)

cancellation order .................................................................................. 3(1), 32(1)

CEO ................................................................................................................. 3(1)

class ................................................................................................................. 3(1)

commencement day ........................................................................................... 63

Commissioner of Police ................................................................................... 3(1)

conviction ........................................................................................................ 3(1)

criminal record check ....................................................................................... 3(1)

current penalty points ....................................................................................... 3(1)

dealt with by infringement notice .................................................................... 3(1)

Department ...................................................................................................... 3(1)

designated area ................................................................................................. 3(1)

disclose ............................................................................................................... 47

disqualification offence .................................................................................... 3(1)

disqualified ...................................................................................................... 3(1)

drive a vehicle as a taxi .................................................................................... 3(1)

driver ................................................................................................................ 9(1)

driver’s licence ................................................................................................. 3(1)

driver’s licence information ................................................................................ 47

driving authorisation ........................................................................................ 3(1)

driving authorisation law ................................................................................. 3(1)

endorsed with extension T .................................................................................. 63

excessive penalty points notice ............................................................. 3(1), 38(1)

expiry day ...................................................................................................... 15(2)

foreign driving authorisation ............................................................................ 3(1)

identifying details .......................................................................................... 10(1)

infringement notice .......................................................................................... 3(1)

infringement notice information ......................................................................... 47

interstate taxi authority ....................................................................................... 47

interstate taxi law ................................................................................................ 47

law enforcement official ..................................................................................... 47

learner’s permit ................................................................................................ 3(1)

licence .............................................................................................................. 3(1)

licence document ............................................................................................. 3(1)

licensee ............................................................................................................ 3(1)


Defined terms

page 68

medical practitioner ......................................................................................... 3(1)

new disqualification period ............................................................................ 39(1)

notifiable condition .......................................................................................... 3(1)

offence information ............................................................................................. 47

Part 4 ..................................................................................................................... 2

penalty points offence ...................................................................................... 3(1)

penalty points register ...................................................................................... 3(1)

pre-commencement licence ................................................................................ 63

pre-commencement period .................................................................................. 63

proclamation day............................................................................................. 2, 63

provider ............................................................................................................ 3(1)

qualification period ............................................................................... 3(1), 56(2)

relevant person .................................................................................................... 47

remote communication .................................................................................. 43(1)

reviewable decision ........................................................................................ 55(1)

road law .............................................................................................................. 47

road traffic Director General ............................................................................... 47

suspended ......................................................................................................... 3(1)

suspension order ................................................................................... 3(1), 30(1)

taxi dispatch service ......................................................................................... 3(1)

taxi driver licence....................................................................................... 3(1), 49

taxi driver licence information ............................................................................ 47

test .................................................................................................................... 3(1)

traffic infringement notice information ............................................................... 47

traffic record check .......................................................................................... 3(1)

Documents

Taxi Drivers Licensing Bill 2013 (31-3)