Transport Operations (Passenger Transport) Regulation 2018

1Short title

This regulation may be cited as the Transport Operations (Passenger Transport) Regulation 2018.

2Commencement

This regulation commences on 1 September 2018.

3Definitions

The dictionary in schedule 9 defines particular words used in this regulation.

4Definitions for part

In this part—

accreditation requirements means the requirements under the Act about granting or renewing operator accreditation.

relevant associate, of a person, means—

(a)if the person is a corporation—an executive officer of the person; or

(b)if the person is a member of a partnership—another member of the partnership.

5Purpose of part

The purpose of this part is to provide for matters about operator accreditation for chapter 3 of the Act.

6Application for grant or renewal

(1)A person may apply to the chief executive for the grant or renewal of operator accreditation to provide a public passenger service of a particular kind.

(2)The application must be made in the approved form.

(3)An application may be made jointly by 2 or more persons.

7Deciding application

After receiving an application under section 6, the chief executive must consider it and decide—

(a)if the applicant complies with all of the accreditation requirements—to grant or renew the operator accreditation; or

(b)if the applicant does not comply with all of the accreditation requirements, to—

(i)grant provisional operator accreditation under section 8; or

(ii)refuse the application under section 9.

8Provisional operator accreditation—Act, s 18

(1)The chief executive may grant operator accreditation to a person on a provisional basis (provisional operator accreditation)—

(a)if the person complies with some, but not all, of the accreditation requirements; or

(b)while the criminal history of the person, or a relevant associate of the person, is being checked.

(2)A grant under subsection (1)(a) may be subject to a condition about the person complying with all of the accreditation requirements within a stated period.

(3)If, before the end of the term stated in a provisional operator accreditation, the chief executive is satisfied the applicant complies with all of the accreditation requirements, the chief executive may grant to the applicant the operator accreditation for which the applicant applied.

9Refusal of operator accreditation—Act, s 17

(1)The chief executive may refuse to grant or renew operator accreditation if—

(a)the applicant, or a relevant associate of the applicant, has been convicted of a disqualifying offence; or

(b)the applicant, or a relevant associate of the applicant, has been charged with a disqualifying offence and the charge has not been dealt with; or

(c)the applicant has not complied, or is not complying, with a standard applying to the operator accreditation; or

(d)the chief executive considers the applicant, or a relevant associate of the applicant, has engaged in conduct that has—

(i)damaged the reputation of public passenger services or holders of operator accreditation; or

(ii)adversely affected the high quality operation of public passenger services as mentioned in section 11 of the Act.

(2)Also, the chief executive may—

(a)refuse to grant operator accreditation if an operator accreditation previously granted to the applicant has been cancelled or suspended; or

(b)refuse to renew operator accreditation if the operator accreditation, or an operator accreditation previously granted to the applicant, has been cancelled or suspended.

(3)If the chief executive refuses to grant or renew an operator accreditation under this section, the chief executive must give the applicant a regulation notice about the decision.

10Term

(1)An operator accreditation is for a term, stated in the operator accreditation, of not more than 5 years.

(2)An operator accreditation may be renewed for successive terms of not more than 5 years.

11Definition for division

In this division—

proposed action see section 13.

12Grounds for amendment, suspension or cancellation—Act, s 20

(1)The chief executive may amend, suspend or cancel a person’s operator accreditation if the person, or a relevant associate of the person—

(a)is convicted of a disqualifying offence; or

(b)has not complied, or is not complying, with a standard applying to the operator accreditation.

(2)Without limiting subsection (1), an amendment may change the term of the person’s operator accreditation.

(3)Also, the chief executive may suspend or cancel a person’s operator accreditation if the chief executive considers the person, or a relevant associate of the person, has engaged in conduct that has—

(a)damaged the reputation of public passenger services or holders of operator accreditation; or

(b)adversely affected the high quality operation of public passenger services as mentioned in section 11 of the Act.

13Show cause notice before taking particular action

Before taking action under section 12(1) or (3) (the proposed action), the chief executive must give the person a written notice—

(a)stating the proposed action; and

(b)stating the grounds for the proposed action; and

(c)outlining the facts and circumstances forming the basis for the grounds; and

(d)if the proposed action is amendment of the operator accreditation—stating the proposed amendment; and

(e)if the proposed action is suspension of the operator accreditation—stating the proposed suspension period; and

(f)inviting the person to show, within a stated period of at least 28 days, why the proposed action should not be taken.

14Decision in relation to taking particular action after show cause process

If, after considering all written representations received from the person within the period stated under section 13(f), the chief executive is satisfied a ground exists to take the proposed action, the chief executive may, by giving a regulation notice to the person—

(a)if the proposed action was to amend the operator accreditation—

(i)amend the operator accreditation in the way stated in the regulation notice; or

(ii)amend the operator accreditation in another way; or

(b)if the proposed action was to suspend the operator accreditation—

(i)suspend the operator accreditation for a period of not more than the period stated in the regulation notice; or

(ii)amend the operator accreditation; or

(c)if the proposed action was to cancel the operator accreditation—

(i)cancel the operator accreditation; or

(ii)suspend the operator accreditation for a period; or

(iii)amend the operator accreditation.

15Immediate suspension

(1)The chief executive may immediately suspend a person’s operator accreditation by giving a regulation notice to the person if—

(a)the person, or a relevant associate of the person, is charged with a disqualifying offence and the charge has not been dealt with; or

(b)the chief executive considers the suspension is necessary in the public interest.

(2)The immediate suspension has effect until—

(a)if the ground is that the person, or a relevant associate of the person, has been charged with a disqualifying offence and the charge has not been dealt with—the earlier of the following—

(i)the charge is dealt with;

(ii)the chief executive gives the person a regulation notice under section 14;

(iii)the chief executive gives the person written notice ending the suspension; or

(b)in any other case, the earlier of the following—

(i)the chief executive gives the person a regulation notice under section 14;

(ii)the end of 56 days after the regulation notice under subsection (1) is given to the person.

(3)This section applies despite sections 12, 13 and 14.

16Further action after immediate suspension

(1)This section applies if—

(a)under section 15, the chief executive immediately suspends a person’s operator accreditation; and

(b)the chief executive also proposes, under section 12, to amend, suspend or cancel the operator accreditation.

(2)The regulation notice given under section 15(1) must also state the information mentioned in section 13 in relation to the proposed action.

(3)Section 14 applies to the proposed action as if the regulation notice given under section 15(1) were a written notice given under section 13.

17Return of evidence of operator accreditation

(1)This section applies if the chief executive gives a person a regulation notice that—

(a)does any of the following—

(i)cancels the person’s operator accreditation;

(ii)suspends the person’s operator accreditation for a period of more than 1 week;

(iii)immediately suspends the person’s operator accreditation for any period;

(iv)amends the person’s operator accreditation under section 14; and

(b)requires the certificate evidencing the person’s operator accreditation to be returned to the chief executive.

(2)The person must, within 14 days after the regulation notice is given, return the certificate evidencing the person’s operator accreditation to the chief executive, unless the person has a reasonable excuse.

Maximum penalty—10 penalty units.

18Other amendments

(1)This section applies only if the chief executive proposes to amend a person’s operator accreditation—

(a)for a formal or clerical reason, including, for example, to correct a typographical error; or

(b)in a way that does not adversely affect the person’s interests; or

(c)because the person asks.

(2)The chief executive may make the amendment by written notice given to the person.

19Requirement for operator accreditation—public passenger services to which the Act, s 15 does not apply

Section 15 of the Act does not apply to—

(a)a booked hire service; or

(b)a taxi service; or

(c)a community transport service or courtesy transport service, if—

(i)no more than 2 vehicles are available, at any time, to provide the service; and

(ii)each of the vehicles may be driven under a class C Queensland driver licence under the Transport Operations (Road Use Management—Driver Licensing) Regulation 2021; or

(d)a community transport service or courtesy transport service that is not available to the general community; or

Example for paragraph (d)—

Membership of a bowls club is open to the general community. The club provides a courtesy transport service, but only to club members. The service is available to the general community.

(e)a locally significant event service.

s 19 sub 2019 SL No. 218 s 5

amd 2021 SL No. 112 s 457

20Notifying charges for disqualifying offences

(1)If, under section 19(1), 21(1) or 22(1) or (3) of the Act, an applicant or person must notify or inform the chief executive or another person about a charge for a disqualifying offence, the notice or information must—

(a)be written; and

(b)include details of the charge and the day when the charge will be heard.

(2)If, under section 19(2), 21(2) or 22(2) or (4) of the Act, an applicant or person must notify or inform the chief executive or another person about the outcome of a charge for a disqualifying offence, the notice or information must be written.

21Definitions for part

In this part—

corresponding Australian licence, to an open, probationary, provisional or restricted licence, means a document corresponding to the licence that is issued under a law of another State that provides for the same matter as the provision under which the licence is issued.

corresponding foreign licence, to an open, probationary, provisional or restricted licence, means a document corresponding to the licence that is issued under a law of a foreign country that provides for the same matter as the provision under which the licence is issued.

driver authorisation (booked hire and taxi) see section 23(1)(a).

s 21 def driver authorisation (booked hire and taxi) ins 2019 SL No. 218 s 6

driver authorisation (general) see section 23(1)(b).

s 21 def driver authorisation (general) ins 2019 SL No. 218 s 6

interim transport authority means an interim transport authority issued under the Transport Planning and Coordination Act 1994.

open licence see the Transport Operations (Road Use Management) Act 1995, schedule 4.

probationary licence see the Transport Operations (Road Use Management) Act 1995, schedule 4.

provisional driver authorisation see section 30(1).

provisional licence see the Transport Operations (Road Use Management) Act 1995, schedule 4.

restricted licence see the Transport Operations (Road Use Management) Act 1995, schedule 4.

smartcard transport authority see the Transport Planning and Coordination Act 1994, section 36G(1).

22Purpose of part

The purpose of this part is to provide for matters about driver authorisation for chapter 4 of the Act.

23Application for grant or renewal

(1)A person who is an individual may apply to the chief executive for the grant or renewal of driver authorisation that authorises the person to drive a vehicle used to provide—

(a)any public passenger service of a kind for which driver authorisation is required (a driver authorisation (booked hire and taxi)); or

(b)a public passenger service of a kind for which driver authorisation is required, other than a booked hire service or taxi service (a driver authorisation (general)).

Note—

Under section 28A of the Act, a person convicted of a category A driver disqualifying offence is ineligible to apply for or hold driver authorisation.

(2)However, a person whose driver licence is subject to an interlock condition or a non-Queensland interlock requirement is not eligible to apply for the grant or renewal of driver authorisation.

Note—

See the Transport Operations (Road Use Management) Act 1995, section 91K.

(3)The application must be—

(a)made in the approved form; and

(b)accompanied by—

(i)evidence that satisfies the chief executive that the person is—

(A)an Australian citizen; or

(B)a permanent resident; or

(C)a New Zealand citizen who is the holder of a special category visa under the Migration Act 1958 (Cwlth), section 32; or

(D)entitled, under a visa granted under the Migration Act 1958 (Cwlth), to work in Australia; and

(ii)the fee stated in schedule 8.

(4)A fee payable under schedule 8, item 4 that relates to the renewal of a driver authorisation (booked hire and taxi) for a term is the fee in force on 1 July in the financial year in which the term starts.

(5)In this section—

driver authorisation does not include provisional driver authorisation or restricted driver authorisation.

interlock condition see the Transport Operations (Road Use Management) Act 1995, schedule 4.

non-Queensland interlock requirement see the Transport Operations (Road Use Management) Act 1995, schedule 4.

permanent resident means the holder of a permanent visa under the Migration Act 1958 (Cwlth), section 30(1).

s 23 amd 2019 SL No. 218 s 7; 2022 SL No. 56 s 31

24Licence requirements

(1)The applicant under section 23 must hold—

(a)an open licence; or

(b)a restricted licence; or

(c)a corresponding Australian licence to a licence mentioned in paragraph (a) or (b).

Note—

See also the Transport Operations (Passenger Transport) Standard 2010, section 6.

(2)Also, the applicant under section 23 must have held for a cumulative period of at least 3 years any of the following licences—

(a)an open licence;

(b)a probationary licence;

(c)a provisional licence;

(d)a restricted licence;

(e)a corresponding Australian licence to a licence mentioned in any of paragraphs (a) to (d);

(f)a corresponding foreign licence to a licence mentioned in any of paragraphs (a) to (d).

(3)In addition, if the application is for driver authorisation (booked hire and taxi), the applicant must have held for a continuous period of at least 1 year any of the following licences or a series of the following licences—

(a)an open licence;

(b)a probationary licence;

(c)a provisional licence;

(d)a restricted licence;

(e)a corresponding Australian licence to a licence mentioned in any of paragraphs (a) to (d);

(f)a corresponding foreign licence to a licence mentioned in any of paragraphs (a) to (d), but only if the corresponding foreign licence was issued by—

(i)an experienced driver recognition country; or

(ii)a recognised country.

(4)In this section—

experienced driver recognition country means a country approved by Austroads Ltd ACN 136 812 390 and listed on its website as having obtained experienced driver recognition status.

recognised country means a country approved by Austroads Ltd ACN 136 812 390 and listed on its website as a recognised country.

s 24 amd 2019 SL No. 218 s 8

25Deciding application

After receiving an application under section 23, the chief executive must consider it and decide—

(a)if the applicant complies with all of the requirements under the Act about granting or renewing driver authorisation—to grant or renew the driver authorisation (booked hire and taxi) or driver authorisation (general); or

(b)if the applicant does not comply with all of the requirements under the Act about granting or renewing driver authorisation, to—

(i)grant provisional driver authorisation under section 30; or

(ii)refuse the application under section 32.

Note—

See also the Transport Planning and Coordination Act 1994, section 28EA(5) for when the chief executive must refuse to consider an application.

s 25 amd 2019 SL No. 218 s 9

26Form of authorising document

(1)This section applies if the chief executive—

(a)decides to grant or renew a driver authorisation (booked hire and taxi) or driver authorisation (general), and gives the person an authorising document for the driver authorisation; or

(b)replaces a person’s authorising document for a driver authorisation.

(2)The authorising document for the driver authorisation may be in the form of a smartcard driver authorisation or an interim transport authority.

(3)Subsection (2) does not limit the form of an authorising document for driver authorisation.

(4)A smartcard driver authorisation given to a person may be in the form of a smartcard transport authority that includes information about 1 or more other transport authorities held by the person.

(5)In this section—

transport authority see the Transport Planning and Coordination Act 1994, section 36G(3).

s 26 amd 2019 SL No. 218 s 10

27Content of authorising document

(1)An authorising document for driver authorisation may—

(a)indicate by way of a code, expression or otherwise that a person holds driver authorisation, and whether the driver authorisation is subject to a condition; and

(b)contain information about—

(i)the driver authorisation; and

(ii)the person’s personal particulars.

(2)A code or expression mentioned in subsection (1) may be—

(a)stated on an authorising document for driver authorisation; or

(b)stored electronically on a smartcard driver authorisation.

(3)Subsection (1) does not limit the information an authorising document for driver authorisation may contain.

28Expressions on authorising document

(1)The expression ‘BHTX’ on an authorising document for driver authorisation indicates that the authorised driver to whom the document relates is authorised to drive a vehicle used to provide a public passenger service.

(2)The expression ‘Genr’ on an authorising document for driver authorisation indicates that the authorised driver to whom the document relates is authorised to drive a vehicle used to provide a public passenger service other than—

(a)a booked hire service; or

(b)a taxi service.

29Codes on authorising document

The following codes may be used on an authorising document for driver authorisation—

•‘N’ stated on the authorising document to show the driver authorisation is not subject to a condition

•‘Y’ stated on the authorising document to show the driver authorisation is subject to a condition

•‘TEXT’ stored on a smartcard driver authorisation to show the driver authorisation is subject to a condition.

30Provisional driver authorisation—Act, s 30

(1)The chief executive may grant driver authorisation to a person on a provisional basis (provisional driver authorisation) if the person complies with some, but not all, of—

(a)the requirements under section 24; and

(b)the standards applying to the driver authorisation.

(2)A grant under subsection (1) may be subject to a condition about the person complying with all of the requirements and standards within a stated period.

(3)If, before the end of the term stated in the provisional driver authorisation, the chief executive is satisfied the person complies with all of the requirements under the Act about granting or renewing driver authorisation, the chief executive may grant to the person the driver authorisation for which the person applied.

(4)Despite subsection (1), the chief executive may grant provisional driver authorisation to a person even if the person has not applied for driver authorisation under section 23 if the chief executive is satisfied the grant is necessary to ensure a public passenger service can continue to be provided in an emergency.

(5)A grant under subsection (4) is subject to the condition the person will make an application under section 23 for the driver authorisation provisionally granted as soon as practicable after the grant.

31Conditions on driver authorisation—Act, s 29

(1)If the chief executive decides to grant or renew driver authorisation, the chief executive may impose a condition on the authorisation the chief executive considers necessary.

(2)If the chief executive decides to impose a condition on a person’s driver authorisation under subsection (1), the chief executive must give the person a regulation notice about the decision.

(3)Subsection (1) is in addition to, and does not limit, the chief executive’s power to impose a condition on a person’s driver authorisation under section 30, 40 or 43.

s 31 amd 2019 SL No. 245 s 3

32Refusal of driver authorisation—Act, s 29

(1)The chief executive may refuse to grant driver authorisation to a person, or to renew a person’s driver authorisation, if—

(a)the person has not complied, or is not complying, with—

(i)the requirements under section 24; or

(ii)the standards applying to the driver authorisation; or

(b)a driver authorisation granted to the person has been cancelled or suspended; or

(c)the person has been convicted of a category C driver disqualifying offence; or

Note—

See sections 28A and 28B of the Act for the effect of convictions for category A and category B driver disqualifying offences.

(d)the person has been charged with a driver disqualifying offence and the charge has not been dealt with; or

(e)the chief executive considers it necessary in the public interest having regard to the purpose of driver authorisation as stated in section 23 of the Act; or

(f)the chief executive considers the person is unsuitable to hold driver authorisation having regard to the person’s driving history; or

(g)the chief executive is not satisfied with the person’s proof of identity.

(2)If the chief executive refuses to grant or renew driver authorisation under this section, the chief executive must give the applicant a regulation notice about the decision.

(3)To remove any doubt, it is declared that subsection (2) applies even if the chief executive grants the applicant provisional driver authorisation before refusing to grant or renew driver authorisation under this section.

33Term

(1)A driver authorisation is for a term, stated in the authorisation, of not more than 5 years.

(2)Driver authorisation may be renewed for successive terms of not more than 5 years.

(3)In this section—

driver authorisation includes provisional driver authorisation and does not include restricted driver authorisation.

34Grant by prescribed operator for chief executive

(1)A prescribed operator may, for the chief executive, grant to a person a restricted driver authorisation to drive a vehicle to provide a community transport service or a courtesy transport service.

(2)However, a vehicle may be driven to provide the community transport service or courtesy transport service under the restricted driver authorisation only while the vehicle is being used by the prescribed operator to provide the service.

(3)Also, a prescribed operator must not grant a restricted driver authorisation to a person who is not eligible to be granted the authorisation.

(4)A restricted driver authorisation granted under subsection (1) must be in the approved form.

35Licence requirements

A person is not eligible to be granted a restricted driver authorisation mentioned in section 34 unless the person—

(a)holds—

(i)an open licence; or

(ii)a restricted licence; or

(iii)a corresponding Australian licence to a licence mentioned in subparagraph (i) or (ii); or

(iv)a corresponding foreign licence to a licence mentioned in subparagraph (i) or (ii); and

(b)has held for a cumulative period of at least 3 years any of the following licences—

(i)an open licence;

(ii)a probationary licence;

(iii)a provisional licence;

(iv)a restricted licence;

(v)a corresponding Australian licence to a licence mentioned in any of subparagraphs (i) to (iv);

(vi)a corresponding foreign licence to a licence mentioned in any of subparagraphs (i) to (iv).

Note—

See also the Transport Operations (Passenger Transport) Standard 2010, section 7.

36Application for grant

(1)A person who is an individual may apply to a prescribed operator for the grant of a restricted driver authorisation mentioned in section 34.

(2)However, the person may make the application only if the prescribed operator has invited the person to make the application.

(3)The application must be made in the approved form.

37Restrictions on grant

A prescribed operator must not grant a restricted driver authorisation to a person unless—

(a)the operator is satisfied the person complies with all of the standards applying to the restricted driver authorisation; and

(b)the person gives the operator the following information about the person, and the operator has no reason to suspect the information is false—

(i)the chief executive has not refused to grant a driver authorisation to the person, and has not cancelled, suspended or refused to renew any driver authorisation held by the person;

(ii)the person has not been convicted of a driver disqualifying offence;

(iii)the person has not been charged with a driver disqualifying offence that has not been dealt with.

Maximum penalty—20 penalty units.

38Term

A restricted driver authorisation granted by a prescribed operator to a person—

(a)is for a term, stated in the authorisation, of not more than 1 year; and

(b)is not renewable; and

Note—

Even though a restricted driver authorisation is not renewable, a new restricted driver authorisation may be granted after the expiry of the previous restricted driver authorisation.

(c)is automatically cancelled when the person stops being engaged by the prescribed operator to provide a community transport service or courtesy transport service for which the authorisation was granted.

Note—

A restricted driver authorisation may also be amended, suspended or cancelled under division 4.

39Definition for division

In this division—

proposed action see section 41(3).

40Grounds for amendment, suspension or cancellation—Act, s 32

(1)The chief executive may amend a person’s driver authorisation if—

(a)the person has been convicted of a category B or category C driver disqualifying offence; or

(b)the person has been charged with a driver disqualifying offence and the charge has not been dealt with; or

(c)the person has not complied, or is not complying, with a standard applying to the driver authorisation; or

(d)the chief executive considers it necessary in the public interest having regard to the purpose of driver authorisation as stated in section 23 of the Act; or

(e)the chief executive considers it necessary in the public interest having regard to the person’s driving history.

(2)Without limiting subsection (1), an amendment may change the term of, impose a condition on, or vary or remove a condition of, the person’s driver authorisation.

(3)The chief executive may suspend or cancel a person’s driver authorisation if—

(a)the person has been convicted of a category C driver disqualifying offence; or

(b)the person has not complied, or is not complying, with a standard applying to the driver authorisation; or

(c)the chief executive considers it necessary in the public interest having regard to the purpose of driver authorisation as stated in section 23 of the Act; or

(d)the chief executive considers the person is unsuitable to hold driver authorisation having regard to the person’s driving history; or

(e)in relation to the person’s application for the driver authorisation, the person produced a document, or gave other information, to the chief executive that the chief executive considers is false or misleading in a material particular; or

(f)the driver authorisation was issued in error; or

(g)the chief executive is no longer satisfied with the person’s proof of identity; or

(h)the chief executive is no longer satisfied the person holds a licence that was required for the grant or renewal of the driver authorisation.

(4)Action under this section—

(a)to amend a person’s driver authorisation if section 47(1) applies must be as required by section 47; or

(b)to otherwise amend, suspend or cancel driver authorisation must be as required by section 41.

41Show cause notice before taking particular action

(1)This section applies if the chief executive considers—

(a)a ground exists under section 40(1) to amend a person’s driver authorisation; or

(b)a ground exists under section 40(3) to suspend or cancel a person’s driver authorisation.

(2)However, this section does not apply if section 46 or 47 applies.

(3)Before taking the action mentioned in subsection (1)(a) or (b) (the proposed action), the chief executive must give the person a written notice—

(a)stating the proposed action; and

(b)stating the grounds for the proposed action; and

(c)outlining the facts and circumstances forming the basis for the grounds; and

(d)if the proposed action is amendment of the driver authorisation—stating the proposed amendment; and

(e)if the proposed action is suspension of the driver authorisation—stating the proposed suspension period; and

(f)inviting the person to show, within a stated period of at least 28 days, why the proposed action should not be taken.

42Decision in relation to taking particular action after show cause process

If, after considering all written representations received from the person within the period stated under section 41(3)(f), the chief executive is satisfied a ground exists to take the proposed action, the chief executive may, by giving a regulation notice to the person—

(a)if the proposed action was to amend the driver authorisation—

(i)amend the driver authorisation in the way stated in the regulation notice; or

(ii)amend the driver authorisation in another way; or

(b)if the proposed action was to suspend the driver authorisation—

(i)suspend the driver authorisation for a period of not more than the period stated in the regulation notice; or

(ii)amend the authorisation; or

(c)if the proposed action was to cancel the driver authorisation—

(i)cancel the driver authorisation; or

(ii)suspend the driver authorisation for a period; or

(iii)amend the driver authorisation.

43Immediate amendment or suspension

(1)The chief executive may immediately amend a person’s driver authorisation by imposing a condition on the authorisation if—

(a)the person has been convicted of a category B or category C driver disqualifying offence; or

(b)the person has been charged with a driver disqualifying offence and the charge has not been dealt with; or

(c)the chief executive considers it necessary in the public interest having regard to the purpose of driver authorisation as stated in section 23 of the Act.

(2)The chief executive may immediately suspend a person’s driver authorisation if—

(a)the person has been convicted of a category B or category C driver disqualifying offence; or

(b)the person has been charged with a driver disqualifying offence and the charge has not been dealt with; or

(c)the person does not comply with a written notice given to the person under section 59; or

(d)the chief executive considers the suspension is necessary in the public interest having regard to the purpose of driver authorisation as stated in section 23 of the Act; or

(e)the chief executive is no longer satisfied with the person’s proof of identity; or

(f)the chief executive is no longer satisfied the person holds a licence that was required for the grant or renewal of the driver authorisation.

44Notice about immediate amendment or suspension

(1)This section applies if the chief executive considers—

(a)a ground exists under section 43(1) to immediately amend a person’s driver authorisation by imposing a condition on the authorisation; or

(b)a ground exists under section 43(2) to immediately suspend a person’s driver authorisation.

(2)This section applies even if the chief executive takes exclusion action under section 28B of the Act in relation to the person.

(3)The chief executive may, by giving a regulation notice to the person—

(a)immediately amend the person’s driver authorisation by imposing a condition on the authorisation; or

(b)immediately suspend the person’s driver authorisation.

(4)The immediate amendment or suspension has effect until—

(a)if the ground is that the person has been convicted of a category B driver disqualifying offence, the earlier of the following—

(i)the chief executive gives the person a regulation notice about the chief executive’s decision under section 46(2) or 47(2);

(ii)the end of 56 days after the regulation notice under subsection (3) is given to the person; or

(b)if the ground is that the person has been charged with a driver disqualifying offence and the charge has not been dealt with—the earlier of the following—

(i)the charge is dealt with;

(ii)the chief executive gives the person a regulation notice under section 42;

(iii)the chief executive gives the person written notice ending the suspension; or

(c)in any other case, the earlier of the following—

(i)the chief executive gives the person a regulation notice under section 42;

(ii)the end of 56 days after the regulation notice under subsection (3) is given to the person;

(iii)the chief executive gives the person written notice ending the immediate amendment or suspension.

(5)This section applies despite sections 40, 41 and 42.

45Further action after immediate amendment or suspension

(1)This section applies if—

(a)under section 44, the chief executive immediately amends or suspends a person’s driver authorisation; and

(b)the chief executive also proposes, under section 40, to amend, suspend or cancel the driver authorisation.

(2)The regulation notice under section 44(3) must also state the information mentioned in section 41(3) in relation to the proposed action.

(3)Section 42 applies to the proposed action as if the regulation notice given under section 44(3) were a notice given under section 41(3).

46Category B driver disqualifying offences—exclusion action

(1)This section applies if the chief executive takes exclusion action under section 28B of the Act in relation to a person who has been convicted of a category B driver disqualifying offence.

(2)The chief executive must give the person a regulation notice about the decision to take the exclusion action.

47Category B driver disqualifying offences—exceptional case

(1)This section applies if the chief executive—

(a)decides not to take exclusion action under section 28B of the Act in relation to a person who has been convicted of a category B driver disqualifying offence because the chief executive is satisfied an exceptional case exists; and

(b)decides it is necessary in the particular case to impose a condition on the person’s driver authorisation.

(2)The chief executive may, by giving a regulation notice to the person—

(a)for an applicant for driver authorisation—impose a condition on the person’s driver authorisation when granting the authorisation; or

(b)for a person who holds driver authorisation—amend the person’s driver authorisation by imposing a condition on the authorisation.

48Chief executive may require authorising document to be replaced

(1)This section applies if—

(a)information stated on a person’s authorising document for driver authorisation is incorrect and the chief executive reasonably believes the error was caused by the chief executive; or

(b)the chief executive amends a person’s driver authorisation and the person’s authorising document for the driver authorisation requires replacement.

(2)The chief executive may, by written notice, require the person to return the authorising document to the chief executive within a stated period and in a stated way for replacement.

(3)If subsection (1)(a) applies, the written notice must include a statement identifying the information that is incorrect and the correct information.

(4)The person must comply with the written notice, unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

(5)After receiving the authorising document, the chief executive must give the person a replacement authorising document for the driver authorisation.

(6)If subsection (1)(a) applies, the replacement authorising document must state the correct information.

(7)In this section—

written notice includes a regulation notice under section 42 or 44(3).

49Return of authorising document

(1)This section applies if a person is given a regulation notice that—

(a)cancels, suspends or immediately suspends the person’s driver authorisation; and

(b)requires the person to return the person’s authorising document for the driver authorisation to the chief executive.

(2)The person must, within 14 days after the regulation notice is given, return the authorising document to the chief executive, unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

50Relationship between driver licence and driver authorisation

(1)If the driver licence of a person who holds driver authorisation is suspended, the person’s driver authorisation is suspended during the suspension of the person’s driver licence.

(2)If the driver licence of a person who holds driver authorisation is cancelled, the person’s driver authorisation is cancelled.

(3)If, on cancellation of a person’s driver licence, the person is disqualified from holding or obtaining a driver licence for a period, the person is disqualified from holding or obtaining driver authorisation for the period.

51Other amendments

(1)This section applies if—

(a)the chief executive proposes to amend a person’s driver authorisation—

(i)for a formal or clerical reason, including, for example, to correct a typographical error; or

(ii)in a way that does not adversely affect the person’s interests; or

(iii)because the person asks; and

(b)section 48 does not apply.

(2)The chief executive may, by written notice, require the person to return the authorising document for the driver authorisation to the chief executive within a stated period and in a stated way for amendment.

(3)If subsection (1)(a)(i) or (ii) applies, the written notice must include a statement identifying how the chief executive proposes to amend the person’s driver authorisation.

(4)The person must comply with the written notice, unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

52Notifying other persons of amendment, suspension or cancellation

(1)This section applies if—

(a)an authorised driver drives a vehicle to provide a public passenger service that—

(i)is operated by another person; or

(ii)is a booked hire service for which another person provides booking services; and

(b)the chief executive amends, suspends or cancels the authorised driver’s driver authorisation.

(2)The chief executive may—

(a)advise the other person that the authorised driver’s driver authorisation has been amended, suspended or cancelled; and

(b)if the chief executive has amended the authorised driver’s driver authorisation by imposing a condition on the authorisation—advise the other person of the condition.

53Amendment of restricted driver authorisation

(1)A prescribed operator may, by written notice, amend a restricted driver authorisation granted to a person by the operator—

(a)for a formal or clerical reason, including, for example, to correct a typographical error; or

(b)in a way that does not adversely affect the person’s interests.

(2)As soon as practicable after a person is given a written notice under subsection (1), the person must return to the prescribed operator any document evidencing the restricted driver authorisation.

54Application for replacement authorising document

(1)This section applies if—

(a)information stated on an authorising document for a driver authorisation is incorrect; or

(b)an authorised driver reasonably suspects the authorised driver’s authorising document for the driver authorisation has been damaged, lost or stolen.

(2)The authorised driver may apply to the chief executive for the issue of a replacement authorising document for the driver authorisation.

(3)An application under this section, other than an exempt application, must be—

(a)made in the approved form; and

(b)accompanied by the authorising document for the driver authorisation unless the authorising document has been, or the driver reasonably suspects it has been, destroyed, lost or stolen.

(4)After receiving the application, the chief executive must give the authorised driver a replacement authorising document for the driver authorisation if the chief executive is satisfied—

(a)if subsection (1)(a) applies—the information stated on the authorising document is incorrect; or

(b)if subsection (1)(b) applies—the authorising document has been damaged, lost or stolen.

(5)If the authorising document that has been replaced (the original document) comes into, or returns to, the authorised driver’s possession or control after a replacement authorising document for the driver authorisation has been issued to the authorised driver, the authorised driver must destroy the original document.

Maximum penalty—20 penalty units.

(6)In this section—

exempt application means an application for the replacement of an authorising document for driver authorisation if the chief executive is satisfied the authorising document was never received by the authorised driver because it was lost or stolen.

55Voluntary surrender

(1)An authorised driver may surrender the person’s driver authorisation by giving the chief executive written notice of surrender.

(2)To be effective, the written notice of surrender must be accompanied by the person’s authorising document for the driver authorisation, unless the person has a reasonable excuse for not returning it.

(3)Subject to subsection (2), the surrender takes effect on the day the written notice is given to the chief executive.

56Requirement for current medical certificate

(1)A person is not eligible to be granted driver authorisation, or a renewal of driver authorisation, by the chief executive unless the chief executive is satisfied the person has a current medical certificate.

(2)A medical certificate for a person remains current for—

(a)the period, of not more than 5 years, indicated in the medical certificate; or

(b)if no period, or a period of more than 5 years, is indicated in the medical certificate—5 years after the certificate is issued.

57Change in medical condition

(1)This section applies if an authorised driver becomes aware of a change in the authorised driver’s medical condition that makes the authorised driver continuously unfit to safely drive a motor vehicle for more than 1 month.

(2)The authorised driver must notify the chief executive of the change in the driver’s medical condition.

58Medical fitness for restricted driver authorisation

(1)A person is not eligible to be granted restricted driver authorisation by a prescribed operator unless the person gives the operator—

(a)a statement signed by the person stating that, as far as the person knows, the person does not suffer from a medical condition stated on the approved form mentioned in section 36(3); and

(b)if the person suffers or has suffered from a medical condition that may make the person unfit to hold a restricted driver authorisation—a current medical certificate for the person.

(2)A medical certificate for a person remains current for—

(a)the period indicated in the medical certificate; or

(b)if no period is indicated—5 years after the certificate is issued.

(3)A driver who holds a restricted driver authorisation must notify the prescribed operator who granted the restricted driver authorisation and the chief executive if the driver becomes aware of a change in the driver’s medical condition that makes the driver continuously unfit to safely drive a motor vehicle for more than 1 month.

59Requirement to provide evidence of medical fitness

(1)This section applies if the chief executive suspects a person who holds driver authorisation is no longer medically fit to drive a vehicle under the authorisation.

(2)The chief executive may, by written notice, require the person to provide evidence of the type stated in the notice of the person’s medical fitness to drive a public passenger vehicle under the driver authorisation.

(3)The person must comply with the written notice within 14 days after the notice is given, unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

60Notifying or informing—Act, ss 31, 33 and 34

If a person, under section 31, 33 or 34 of the Act, must notify or inform the chief executive about a matter, the notice or information about the matter must be written.

61Notification of damage, loss or theft of authorising document for driver authorisation—Act, s 34A

(1)This section applies if an authorised driver is required, under section 34A of the Act, to notify the chief executive that the driver’s authorising document for a driver authorisation has been damaged, lost or stolen.

(2)The notification—

(a)is sufficiently given if an application for a replacement authorising document for the driver authorisation is made under section 54; or

(b)if paragraph (a) does not apply—must be written.

62Notifiable events under other Acts

(1)This section applies if—

(a)an authorised driver—

(i)has an obligation under the Act (a notification obligation) to notify the chief executive of a notifiable event; and

(ii)has an obligation under a prescribed smartcard Act (a corresponding obligation) to notify the chief executive, or the general manager under the Maritime Safety Queensland Act 2002, of the same notifiable event; and

(iii)complies with the corresponding obligation; and

(b)the period for compliance with the notification obligation has not expired.

(2)The notification obligation is taken to have been satisfied.

(3)In this section—

notifiable event, in relation to an authorised driver, means—

(a)a change of the authorised driver’s name; or

(b)a change of the authorised driver’s address; or

(c)if the authorised driver has a current postal address—a change of the address; or

(d)the damage, loss or theft of the driver’s authorising document for a driver authorisation.

prescribed smartcard Act means—

(a)the Photo Identification Card Act 2008; or

(b)the Tow Truck Act 1973; or

(c)the Transport Operations (Marine Safety) Act 1994; or

(d)the Transport Operations (Road Use Management) Act 1995.

s 62 amd 2019 SL No. 29 s 14

63Disclosure of driver authorisation information

(1)The chief executive may disclose the following information about a person’s driver authorisation to another person—

(a)the person’s driver authorisation number;

(b)the kind of public passenger service for which the person is an authorised driver.

(2)A disclosure under this section may be made in any way the chief executive considers appropriate, including, for example, by publication on the department’s website.

(3)However, a disclosure under this section may only be made if the chief executive reasonably believes the authorised driver would not be identified because of the disclosure.

64Damaging authorising document for driver authorisation

A person must not wilfully damage an authorising document for driver authorisation.

Maximum penalty—20 penalty units.

65Chief executive may direct superseded authorising document for driver authorisation to be destroyed

(1)The chief executive may direct a person to destroy the person’s superseded authorising document for driver authorisation.

(2)The person must comply with the direction.

Maximum penalty—20 penalty units.

(3)In this section—

superseded authorising document includes a superseded smartcard transport authority.

Note—

See the Transport Planning and Coordination Regulation 2017, section 7(5) for when an interim transport authority has effect as a smartcard transport authority.

66Driver authorisation may only be held in driver’s name

An authorised driver must not hold driver authorisation other than under the driver’s name.

Maximum penalty—40 penalty units.

67Possessing another person’s authorising document for driver authorisation

(1)A person must not possess another person’s authorising document for driver authorisation, unless the person has a reasonable excuse.

Maximum penalty—40 penalty units.

(2)A person must not give the person’s authorising document for driver authorisation to another person if the person knows, or should reasonably know, the other person intends to use the authorising document to deceive someone.

Maximum penalty—40 penalty units.

(3)For subsection (2), it is irrelevant whether the person intended to be deceived is known or unknown, or exists or does not exist.

68Document purporting to be authorising document for driver authorisation

(1)A person must not possess a document that resembles an authorising document for driver authorisation and is calculated to deceive someone.

Maximum penalty—40 penalty units.

(2)A person must not give another person a document that resembles an authorising document for driver authorisation and is calculated to deceive someone.

Maximum penalty—40 penalty units.

(3)For subsections (1) and (2), it is irrelevant whether the person intended to be deceived is known or unknown, or exists or does not exist.

69Requirement for driver authorisation—public passenger services to which the Act, ss 27 and 27A do not apply

Sections 27 and 27A of the Act do not apply to—

(a)a community transport service or courtesy transport service, if—

(i)no more than 2 vehicles are available, at any time, to provide the service; and

(ii)each of the vehicles may be driven under a class C Queensland driver licence under the Transport Operations (Road Use Management—Driver Licensing) Regulation 2021; or

(b)a community transport service or courtesy transport service that is not available to the general community; or

Example for paragraph (b)—

Membership of a bowls club is open to the general community. The club provides a courtesy transport service, but only to club members. The service is available to the general community.

(c)a locally significant event service.

s 69 sub 2019 SL No. 218 s 11

amd 2021 SL No. 112 s 458

70Purpose of part

The purpose of this part is to declare that public passenger services are, as mentioned in section 36 of the Act, to be provided with market entry restrictions.

71Market entry restrictions—Act, s 36

A public passenger service mentioned in schedule 1, column 1 is to be provided with market entry restrictions in the area or over the route listed opposite the service in column 2.

Note—

See also sections 42 and 91ZT of the Act.

72Purpose of part

The purpose of this part is to provide for matters about service contracts for chapter 6 of the Act.

73Classes of persons—Act, s 51

(1)For section 51(3) of the Act, the following classes of persons are prescribed—

(a)infants;

(b)children;

(c)school students;

(d)persons who accompany the holders of companion cards for the purpose of providing care and support to the holders.

(2)For section 51(3) of the Act, the classes of persons stated in the document called ‘IRTA Bus Fares and Concessions Policy’, made by the chief executive and published on the department’s website, are also prescribed for an integrated regional transport agreement.

(3)In this section—

children means persons who are at least 5 years but under 15 years.

companion card means a card issued by a State under the National Companion Card scheme to a person with a disability to enable the person to participate in community activities.

infants means persons who are under 5 years.

integrated regional transport agreement means a standard service contract that states it is an integrated regional transport agreement for this section.

s 73 amd 2019 SL No. 218 s 12

sub 2020 SL No. 55 s 3

74Matters to be considered in relation to offer for service contract—Act, s 59

The following matters are prescribed for section 59(2)(e) of the Act—

(a)evidence that proposed minimum service levels will be achieved;

(b)evidence of financial viability;

(c)overall suitability of vehicles having regard to vehicle age and accessibility;

(d)plans to increase patronage through marketing of services and public passenger transport.

75Matters to be considered or not considered by arbitrator in deciding amount of compensation—Act, ss 61 and 62AAH

(1)This section prescribes, for sections 61(4) and 62AAH(4) of the Act, matters to be considered, or not considered, by an arbitrator in deciding an amount of compensation.

(2)An arbitrator must consider—

(a)for deciding an amount of compensation under section 61(3) of the Act—the present value of the future maintainable profits or future cash flows of services of the kind provided for in the new service contract that were previously provided by an existing operator of a public passenger service or service contract holder who is a party to the arbitration; and

(b)for deciding an amount of compensation under 62AAH(3) of the Act—the present value of the future maintainable profits or future cash flows of services of the kind provided for in the new integrated mass transit service contract that were previously provided by an affected operator of a public passenger service who is a party to the arbitration; and

(c)the capitalisation of future maintainable profits or the discounting of future cash flows as the principal valuation methodology; and

(d)the definition future cash flows in subsection (4) when selecting the appropriate discount rate to apply to the future cash flows; and

(e)the definition future maintainable profits in subsection (4) when selecting the appropriate capitalisation rate to apply to the future maintainable profits; and

(f)relevant risk factors, including, for example, the life of the contract; and

(g)the value of the services derived using implied revenue multiples or other customary industry benchmarks.

(3)An arbitrator must not consider—

(a)capital gains tax; or

(b)additional costs incurred by the existing or affected operator of a public passenger service or service contract holder that are not related to the services acquired by the new operator; or

(c)income and expenses from activities, including, for example, public passenger services, that are outside the scope of the new service contract or the new integrated mass transit service contract; or

(d)economies of scale and operating efficiencies available to a new operator but not able to be achieved or accrued by the existing operator, affected operator or service contract holder.

(4)In this section—

future cash flows means future maintainable profits adjusted for depreciation and capital expenditure.

future maintainable profits means earnings before finance leases, interest and tax determined on the basis of past profits adjusted for the following—

(a)abnormal or exceptional revenue or expense items;

(b)owner’s remuneration;

(c)variations in accounting standards application;

(d)future changes to revenues and costs resulting from announced changes to government policy including, for example, changes in policy about—

(i)school payment rates; and

(ii)subsidy arrangements; and

(iii)average vehicle age.

76Integrated mass transit area—Act, s 62AAA

For section 62AAA(1)(b) of the Act, the following service contract areas or routes are prescribed—

(a)the service contract area or route called the Yarrabilba service contract area;

(b)the service contract area or route called the Southern Bay Islands Group service contract route.

s 76 sub 2019 SL No. 245 s 4

77Matters to be considered in deciding if offer for integrated mass transit service contract is acceptable—Act, s 62AAE

The following matters are prescribed for section 62AAE(2)(d) of the Act—

(a)evidence that proposed minimum service levels will be achieved;

(b)evidence of financial viability;

(c)overall suitability of vehicles having regard to vehicle age and accessibility.

78Definitions for part

In this part—

approved card reader means an electronic device, of a type approved by the chief executive, for use in a taxi to—

(a)verify that a membership card is current; and

(b)verify that the driver of a taxi holds driver authorisation; and

(c)enable the automatic calculation of a benefit under the taxi subsidy scheme for a journey; and

(d)facilitate payments under the taxi subsidy scheme.

approved relevant person means a person whose application under section 120 has been approved.

manual card reader means a device capable of taking an imprint from a membership card.

membership card means an electronic card that—

(a)is or has been issued by the chief executive in relation to an approved relevant person’s membership of the taxi subsidy scheme, for use with an approved card reader or a manual card reader; and

(b)includes a photograph of the approved relevant person.

National Disability Insurance Scheme means the National Disability Insurance Scheme within the meaning of the NDIS Act.

NDIS Act means the National Disability Insurance Scheme Act 2013 (Cwlth).

NDIS participant means a person who—

(a)is a participant in the National Disability Insurance Scheme launch under the NDIS Act and whose plan under that Act is in effect under section 37 of that Act; or

(b)has ceased to be a participant in the National Disability Insurance Scheme launch under the NDIS Act because the person has given notice under section 29(1)(d) of that Act that he or she no longer wishes to be a participant.

relevant person means a person, other than an NDIS participant, who—

(a)has a physical disability that makes the person dependant on a wheelchair for mobility outside the person’s residence; or

(b)has a physical disability or other medical condition that restricts the person from walking, unassisted and without rest, 50m or less and—

(i)makes the person permanently dependant on a walking aid; or

(ii)prevents the person from ascending or descending 3 steps without assistance; or

(iii)has resulted in a history of frequent falls; or

(iv)is a condition that is an advanced cardiovascular, respiratory or neurological disorder; or

(v)causes severe pain that limits ambulation, verifiable by appropriate clinical investigations; or

(c)has a physical disability or other medical condition that requires—

(i)the person to ordinarily carry treatment equipment that, when carried, restricts the person from walking, unassisted and without rest, 50m or less; or

(ii)another person to ordinarily carry equipment or administer treatment for the person; or

(d)has a severe emotional or behavioural disorder with a level of disorganisation that results in the need to be always accompanied by another person for travel on public transport; or

(e)has total loss of vision or severe permanent visual impairment; or

(f)has severe and uncontrollable epilepsy; or

(g)has an intellectual disability causing behavioural problems—

(i)resulting in socially unacceptable behaviour; and

(ii)requiring the constant assistance of another person for travel on public transport; or

(h)has a clinical condition resulting in a disability mentioned in any of paragraphs (a) to (g) of a temporary nature, and is undergoing medical, surgical or rehabilitative treatment for the disability, requiring the person to have access to taxi travel for a period of at least 5 months.

taximeter means an instrument that is designed to record and show fares for hirings of a taxi.

79Application of subdivision

This subdivision prescribes matters relating to—

(a)providing a booked hire service using a taxi; or

(b)providing a taxi service.

80Taxi services to which the Act, s 74 does not apply

Section 74 of the Act does not apply to a cross-border taxi service.

81Taxi driver must not refuse booked hire service or taxi service in particular circumstances

(1)The driver of a taxi available for hire must not refuse to provide a booked hire service to a prescribed person, or a taxi service to any person, unless—

(a)the service is for a journey that—

(i)starts in a taxi service area other than the taxi service area for the taxi; or

(ii)ends somewhere other than in the taxi service area for the taxi; or

(iii)when taking the shortest route for the journey that can reasonably be taken, ends more than 40km from the pick-up point for the journey; or

(b)the driver has a reasonable excuse.

Maximum penalty—20 penalty units.

(2)In this section—

prescribed person means—

(a)a person using a wheelchair; or

(b)an approved relevant person.

82When access to booking service must be available

(1)This section applies to an authorised booking entity that provides booking services for booked hire services provided using taxis.

(2)The authorised booking entity must provide the booking services in a way that ensures bookings for a taxi to provide a booked hire service for a prescribed person can be received at any time.

Maximum penalty—20 penalty units.

(3)In this section—

prescribed person means—

(a)a person using a wheelchair; or

(b)an approved relevant person.

83Particular requirements for taxis

(1)An operator of a booked hire service or taxi service provided using a taxi must ensure the taxi complies with the following requirements—

(a)a taximeter fitted to the taxi must be working;

(b)a sticker about maximum fares produced by the department must be fixed to the taxi;

(c)if the taxi has a fleet number, the fleet number must be clearly displayed inside and on the exterior of the taxi.

Maximum penalty—20 penalty units.

(2)An operator of a booked hire service provided using a taxi must ensure a booking receiver is kept in the taxi and is working.

Maximum penalty—20 penalty units.

(3)A person must not, without a reasonable excuse, drive a taxi unless a booking receiver is—

(a)in the taxi; and

(b)working; and

(c)connected to a booking system for arranging bookings for a booked hire service.

Maximum penalty—20 penalty units.

(4)In this section—

booking receiver means the part of a booking system for receiving information about bookings.

84Fares and charges for taxis

(1)If a person soils a taxi, the driver of the taxi may charge a reasonable amount of not more than an amount equal to 1 penalty unit for cleaning the taxi.

(2)An amount that may be charged under subsection (1) is in addition to the fare the driver of the taxi may charge.

(3)If the driver of a taxi reasonably believes the driver will not be able to obtain the fare for a journey at the destination, the driver may require the hirer to pay the estimated fare, or an agreed amount for the journey, as a deposit before starting the journey.

(4)The driver of a taxi, while providing a taxi service, must not drive the taxi to the destination stated by the hirer in a way that involves excessive charging.

Maximum penalty for subsection (4)—20 penalty units.

85Operation of taximeter by taxi driver

(1)This section applies to the driver of a taxi being used to provide a booked hire service or taxi service if—

(a)the taxi is fitted with a taximeter; and

(b)the amount of the fare for the journey has not been agreed before the journey starts.

(2)If the driver is providing a booked hire service, the driver must only activate the taximeter—

(a)if the service is provided to an approved relevant person using a wheelchair—at the start of the journey, after the person and the person’s wheelchair have been secured in the taxi; or

(b)if paragraph (a) does not apply and the service has been booked for a specific time and the taxi arrives at the pick-up point at or before that time—after the earlier of the booked time or the time the hirer enters the taxi; or

(c)otherwise—after the hirer is notified of the taxi’s arrival at the pick-up point.

Maximum penalty—20 penalty units.

(3)If the driver is providing a taxi service, the driver must only activate the taximeter—

(a)if the service is provided to an approved relevant person using a wheelchair—at the start of the journey, after the person and the person’s wheelchair have been secured in the taxi; or

(b)otherwise—after the hirer enters the taxi.

Maximum penalty—20 penalty units.

(4)During a hiring, the driver must stop the taximeter from registering a charge for any period during which the taxi is unable to continue the hiring.

Maximum penalty—20 penalty units.

(5)The driver must deactivate the taximeter before asking for, or receiving, payment or a voucher—

(a)for a hiring under section 86—on arrival at the last destination of the multiple hirers; or

(b)otherwise—on arrival at the destination for the hiring.

Maximum penalty—20 penalty units.

(6)The driver must, immediately after the booked hire service or taxi service ends, reset the taximeter to remove the record of the fare amount for the service.

Maximum penalty—20 penalty units.

86Multiple hirers

(1)The driver of a taxi may provide a taxi service for 2 or more hirers, at the same time, if—

(a)before the taxi service starts, all of the hirers agree to the driver of the taxi providing the service for all of the hirers; and

(b)the hirers are travelling to—

(i)destinations in the same locality; or

(ii)destinations in the same general direction; and

(c)the fare payable by each hirer is less than the maximum fare that would be payable by that hirer for a journey direct to that hirer’s destination; and

(d)each hirer is advised of the rate of discount applying or the applicable fare before the journey starts; and

(e)the service is not provided to a timetable.

(2)A driver of a taxi must not provide a taxi service for 2 or more hirers at the same time other than under subsection (1).

Maximum penalty—20 penalty units.

87Control of doors of taxi

The driver of a taxi must take control of opening and shutting the taxi’s doors if—

(a)a hirer of the taxi, or the parent or guardian of a hirer, asks the driver to take control of opening and shutting the taxi’s doors; and

(b)the design of the taxi allows the driver to control the opening and shutting of the taxi’s doors by using a device.

Maximum penalty—10 penalty units.

88Fare estimate

(1)A person who provides a booking service for a booked hire service must give the hirer of the booked hire service a fare estimate under this section before the service begins, unless the person has a reasonable excuse.

Example of a reasonable excuse—

a hirer opts out of receiving a fare estimate

Maximum penalty—

(a)for an individual—20 penalty units; or

(b)otherwise—80 penalty units.

(2)A fare estimate for a booked hire service must—

(a)state an estimate of the amount of the fare; and

(b)state the circumstances, if any, when the amount of the fare may be higher than the estimated fare and how the additional amount is worked out in those circumstances; and

Examples—

1The fare may be higher than the estimated fare if the time taken for the journey is longer because of heavy traffic, and the additional amount is worked out on the basis of a stated amount per minute of the journey.

2The fare may be higher than the estimated fare if the distance travelled for the journey is longer because the passenger asks that a detour be taken, and the additional amount is worked out on the basis of a stated amount per kilometre of the journey.

(c)be written and expressed in Australian currency.

(3)A person must not charge the hirer a fare for the booked hire service that is more than—

(a)the estimated fare stated in the fare estimate; or

(b)if the fare estimate states the circumstances when the amount of the fare may be higher than the estimated fare—the estimated fare plus an additional amount worked out in the way stated in the fare estimate.

Maximum penalty—

(a)for an individual—20 penalty units; or

(b)otherwise—80 penalty units.

(4)This section does not apply to a booked hire service requested through a fixed booking device.

(5)In this section—

fixed booking device see section 77(2) of the Act.

89Prescribed details for booking record

For section 80(1)(b) of the Act, the following details of a booking for a booked hire service are prescribed—

(a)information given by the hirer of the service that is sufficient to identify the hirer;

Examples—

name, mobile number, username, name of an organisation

(b)the date and time when the passengers are to be picked up;

(c)the location where the passengers are to be picked up;

(d)if a fare estimate for the service is given to the hirer under section 88—the estimated amount of the fare.

90Booked hire service identification sign

(1)This section applies to a booked hire vehicle when the vehicle is available to be used, or is being used, to provide a booked hire service.

(2)A person must not drive the vehicle unless a sign that complies with subsection (3) is—

(a)displayed—

(i)on the bottom left-hand side of the front and rear windscreens of the vehicle; and

(ii)in a place that does not obstruct the view of the road or traffic from the driver’s seat; and

(b)clearly visible at least 20m away from the windscreen.

Maximum penalty—20 penalty units.

(3)The sign must be a reproduction of the sign approved by the chief executive for identifying the authorised booking entity providing booking services for the booked hire service.

(4)The chief executive may refuse to approve a sign for subsection (3) only if the chief executive is satisfied the sign—

(a)is not a square of at least 146mm by 146mm; or

(b)is not retroreflective; or

(c)is likely to offend a reasonable person; or

(d)does not accurately identify the authorised booking entity or the booking services for the booked hire service provided by the entity.

(5)In this section—

left-hand side, of a windscreen of a motor vehicle, means the left-hand side of the windscreen when viewed from behind the vehicle.

91When vehicle must not display sign implying use for booked hire service

(1)This section applies to—

(a)a booked hire vehicle while the vehicle is not being used, or not available to be used, to provide a booked hire service; and

(b)any other motor vehicle that is not a booked hire vehicle, limousine or taxi.

(2)A person must not drive the vehicle if a sign is displayed on it that—

(a)reasonably implies the vehicle is used to provide a booked hire service; and

(b)is visible to a person who is outside the vehicle.

Maximum penalty—20 penalty units.

(3)An operator of a booked hire service provided using the vehicle must ensure that a sign is not displayed on the vehicle that—

(a)reasonably implies the vehicle is used to provide a booked hire service; and

(b)is visible to a person who is outside the vehicle.

Maximum penalty—20 penalty units.

92Requirement for itemised receipt

(1)If the hirer of a booked hire vehicle, limousine or taxi asks for a receipt for the fare for hiring the vehicle for a journey, the driver of the vehicle must give the hirer an itemised receipt for the journey before leaving the journey’s destination.

Maximum penalty—20 penalty units.

(2)Subsection (1) does not apply if the driver reasonably believes another person has given, or is to give, the hirer an itemised receipt.

(3)In this section—

itemised receipt, for the fare for hiring a booked hire vehicle, limousine or taxi for a journey, means a written receipt that includes—

(a)the driver’s driver authorisation number; and

(b)the fare, the amounts comprising the fare and any payment surcharge for the fare; and

Examples of amounts comprising a fare—

booking fee for the service, total tollage

(c)the day and time the hiring started and ended; and

(d)the origin of, and destination for, the journey.

taxi does not include an exempted taxi.

93Distinguishing number plate for taxi

(1)The operator of a public passenger service provided using a taxi must ensure a T-plate is attached to the taxi.

Maximum penalty—40 penalty units.

(2)In this section—

T-plate means a number plate issued for a taxi under the Transport Operations (Road Use Management) Act 1995.

94Distinguishing number plate for limousine

(1)The operator of a public passenger service provided using a limousine must ensure—

(a)for a special purpose limousine—an SL-plate is attached to the limousine; or

(b)otherwise—an L-plate is attached to the limousine.

Maximum penalty—40 penalty units.

(2)Subsection (1) does not apply to a motor vehicle used to provide a booked hire service under a limousine licence under section 160.

(3)In this section—

L-plate means a number plate issued for a limousine, other than a special purpose limousine, under the Transport Operations (Road Use Management) Act 1995.

SL-plate means a number plate issued for a special purpose limousine under the Transport Operations (Road Use Management) Act 1995.

special purpose limousine means the motor vehicle stated in a special purpose limousine licence.

95Maximum fares for particular booked hire service—Act, s 91ZR

For section 91ZR(2)(b) of the Act, booked hire services provided to persons using a wheelchair are prescribed.

96Maximum payment surcharge—Act, s 91ZS

(1)For section 91ZS(2) of the Act, the maximum payment surcharge prescribed for a fare for a booked hire service provided using a taxi or a taxi service is—

(a)if the whole fare is paid using a non-cash method—5% of the fare; or

(b)if part of the fare is paid using a non-cash method—5% of the part of the fare paid using the non-cash method.

(2)In this section—

non-cash method, used for paying a fare or part of a fare, means a credit card, debit card, prepaid card, charge card or voucher used to pay the fare.

97Driver must complete required training

(1)A person must not drive a motor vehicle to provide a booked hire service or taxi service of a particular kind unless the person has completed the required training for providing a service of that kind.

Maximum penalty—20 penalty units.

(2)Subsection (1) does not apply to required training until—

(a)3 months after the notice stating the training is published; or

(b)if the notice states a later day—the later day.

(3)An authorised booking entity that provides booking services for a booked hire service, or an operator of a booked hire service or taxi service, must ensure a person who drives a motor vehicle to provide the service does not contravene subsection (1).

Maximum penalty—40 penalty units.

(4)In this section—

required training, for a booked hire service or taxi service of a particular kind, means the training stated in a training notice for a service of that kind.

training notice means a notice published by the chief executive on the department’s website stating—

(a)the training that a person driving a motor vehicle to provide a booked hire service or taxi service of a particular kind must complete; and

(b)the matters that must be addressed in the training; and

(c)any minimum standards for the training.

98Minimum standards for training

A person who provides training mentioned in a training notice under section 97 must ensure the training complies with any minimum standards for the training stated in the notice.

Maximum penalty—40 penalty units.

99Definitions for division

In this division—

approved method, for providing information, means—

(a)providing the information to the chief executive electronically and in the approved form; or

(b)using an electronic system approved by the chief executive to provide the information.

quarter, for a financial year, means the following periods in the financial year—

(a)1 July to 30 September;

(b)1 October to 31 December;

(c)1 January to 31 March;

(d)1 April to 30 June.

100Application of subdivision—Act, s 91C

For section 91C(1) of the Act, this subdivision—

(a)applies to—

(i)an authorised booking entity that provides booking services for a booked hire service; and

(ii)an operator of a booked hire service provided using a taxi or a taxi service; and

(b)states the requirements for the entity and operator to monitor, record and report particular information relevant to managing driver fatigue.

101Recording fatigue management information

(1)The authorised booking entity and operator must keep a written record of the following information about each driver of a relevant vehicle used to provide a relevant service for the period mentioned in subsection (2)—

(a)the driver’s driver authorisation number;

(b)the days and times the driver is driving, or is available to drive, the vehicle to provide the service.

Maximum penalty—80 penalty units.

Examples of a driver being available to drive—

•a driver of a taxi starts a work shift and is on duty to drive the taxi

•a driver of a booked hire vehicle is on duty to accept or receive bookings for a booked hire service, including, for example, by being connected to a booking service or app to accept bookings

•a driver of a limousine is travelling to pick up a passenger for a journey

(2)The written record must be kept for 2 years after the day on which the driver drove the relevant vehicle, or was available to drive the vehicle.

(3)In this section—

relevant service means—

(a)for the authorised booking entity—

(i)the booked hire service; or

(ii)another public passenger service for which the entity arranges bookings using a relevant vehicle; or

(b)for the operator—the booked hire service provided using the taxi or the taxi service.

relevant vehicle means a booked hire vehicle, limousine or taxi.

102Reporting fatigue management information

(1)The chief executive may give a written notice to the authorised booking entity or operator requiring the entity or operator to provide the information recorded under section 101 for a stated period to the chief executive.

(2)The authorised booking entity or operator must comply with the requirement within 28 days after the written notice is given.

Maximum penalty—80 penalty units.

103False or misleading information

A person must not give information to the authorised booking entity or operator for section 101 if the person knows the information is false, misleading or incomplete in a material particular.

Maximum penalty—80 penalty units.

104Application of subdivision

This subdivision applies to an operator of a taxi service in relation to each taxi service for a journey provided using a taxi.

105Recording

The operator must keep a written record of the following information for 2 years after the taxi service was provided—

(a)the registration number of the taxi;

(b)the number of the taxi service licence;

(c)the name of the driver of the taxi;

(d)the driver’s driver authorisation number;

(e)the day and time the journey started and ended;

(f)the location where the journey started and ended;

(g)the fare and any payment surcharge for the service;

(h)if applicable, that the service was provided to an approved relevant person.

Maximum penalty—40 penalty units.

106Reporting

(1)Within 28 days after the end of each financial year, the operator must provide the chief executive with a report that complies with subsection (2).

Maximum penalty—40 penalty units.

(2)The report must—

(a)state the total number of taxi service journeys provided by the operator for the financial year; and

(b)be provided using an approved method; and

(c)be about the information mentioned in section 105.

(3)Also, the chief executive may, at any time, give a written notice to the operator requiring the operator to provide to the chief executive—

(a)stated information recorded under section 105 for a stated period; or

(b)another type of report about the information mentioned in section 105.

(4)The operator must comply with a requirement made under subsection (3) within 28 days after the written notice is given.

Maximum penalty—40 penalty units.

107Application of subdivision—Act, s 91ZG

This subdivision prescribes—

(a)for section 91ZG(1) of the Act, the information an authorised booking entity must keep and the period for which the information must be kept; and

(b)for section 91ZG(2) of the Act, the way and times the information must be provided to the chief executive.

108Driver information

(1)This section applies in relation to—

(a)a person (a driver) who—

(i)is the authorised booking entity; and

(ii)drives or has driven a motor vehicle used to provide booked hire services; and

(iii)under the driver’s booking entity authorisation, provides or has provided booking services for the booked hire services; or

(b)a person (also a driver) who has or had an arrangement with the authorised booking entity under which the entity provides or has provided booking services for the driver to drive a motor vehicle to provide booked hire services.

(2)The information is—

(a)the name of the driver; and

(b)the driver’s driver authorisation number; and

(c)the start and end of the period the driver is on-the-books.

(3)The period for keeping the information is 2 years after the driver is no longer on-the-books.

(4)The information must be provided for each quarter in a financial year to the chief executive within 28 days after the end of the quarter, using an approved method.

(5)Subsection (4) does not apply if the driver was not on-the-books during a quarter.

(6)A driver is on-the-books for the authorised booking entity—

(a)for a driver mentioned in subsection (1)(a)—when the driver is providing booking services for the booked hire services; or

(b)for a driver mentioned in subsection (1)(b)—when the driver has an arrangement in force to provide the booked hire services.

109Vehicle information

(1)This section applies in relation to a vehicle that is a booked hire vehicle, limousine or taxi that is, or was, available to be used to provide booked hire services.

(2)The information is—

(a)the registration number of the vehicle; and

(b)the number of the taxi service licence, booked hire service licence or limousine licence for the vehicle; and

(c)the start and end of the period the vehicle is on-the-books.

(3)The period for keeping the information is 2 years after the vehicle is no longer on-the-books.

(4)The information for each quarter in a financial year must be provided to the chief executive within 28 days after the end of the quarter, using an approved method.

(5)Subsection (4) does not apply if the vehicle was not on-the-books during a quarter.

(6)The vehicle is on-the-books when the vehicle is available to be used to provide the booked hire services.

110Journey information

(1)This section applies to each booked hire service provided, or requested to be provided, by hiring a motor vehicle for a journey.

(2)The information is—

(a)the day and time the booking for the service was made; and

(b)the location where the journey started and ended; and

(c)the day and time the journey started and ended; and

(d)the registration number of the vehicle; and

(e)the number of the taxi service licence, booked hire service licence or limousine licence for the vehicle; and

(f)if the hirer booked the vehicle to arrive at a particular time—the time; and

(g)information given by the hirer that is sufficient to identify the hirer; and

Examples—

name, mobile number, username, name of an organisation

(h)the name of the driver of the vehicle; and

(i)the driver’s driver authorisation number; and

(j)the fare and the payment surcharge, if any, for the journey; and

(k)if a fare estimate was given to the hirer under section 88—the estimated amount of the fare; and

(l)if applicable, that the service was provided to an approved relevant person; and

(m)if applicable, that a service was requested and not provided.

(3)The period for keeping the information is 2 years—

(a)if the booked hire service was not provided—after the service was requested; or

(b)otherwise—after the service was provided.

(4)The information mentioned in subsection (2)(a) to (f) and (2)(l) for each quarter in a financial year must be provided to the chief executive within 28 days after the end of the quarter, using an approved method.

(5)Also, a report about journey information for a financial year must be provided to the chief executive within 28 days after the end of the financial year, using an approved method.

(6)In addition, the chief executive may, at any time, give a written notice to the authorised booking entity requiring the entity to provide to the chief executive—

(a)stated journey information for a stated period; or

(b)another type of report about journey information.

(7)The authorised booking entity must comply with a requirement made under subsection (6) within 28 days after the written notice is given.

(8)In this section—

journey information means information mentioned in subsection (2), other than information mentioned in subsection (2)(g).

111Sharing information—Act, s 148C

(1)For section 148C(2)(b)(i) of the Act, a person who receives information under this division may disclose the information to another entity if the information—

(a)does not contain confidential information about a person to whom the information relates; and

(b)is disclosed for a purpose relating to traffic management, town planning or infrastructure development.

(2)In this section—

confidential information means information, other than information that is publicly available—

(a)that is personal information under the Information Privacy Act 2009, section 12; or

(b)that would be likely to identify the person to whom the information relates or damage the commercial activities of any person to whom the information relates.

112Prescribed matters for audit notice—Act, s 91ZN

For section 91ZN(2)(d) of the Act, the following matters are prescribed—

(a)the way the audit is to be carried out;

Examples of ways an audit may be carried out—

•in person, at the premises of the person being audited

•a desktop audit at the auditor’s place of work

(b)the name of the person who will carry out the audit;

(c)if the person is an authorised officer—a summary of the officer’s powers under the Act that are relevant to carrying out the audit.

113Prescribed matters for audit report—Act, s 91ZP

For section 91ZP(2) of the Act, the following matters are prescribed—

(a)the name of the person who carried out the audit;

(b)the period during which the audit was carried out;

(c)each place where the audit was carried out;

(d)the name and address of each person whose business activities were audited;

(e)the findings made by the person who carried out the audit and the person’s reasons for the findings.

114Relevant driver offence—Act, s 91ZI

The Queensland Road Rules, section 182 is prescribed as a provision to which section 91ZI of the Act applies.

115Taxi service areas for taxi industry security levy—Act, s 91ZW

Each taxi service area mentioned in schedule 2 is prescribed for section 91ZW of the Act.

116Particular motor vehicle not to look like taxi

(1)This section applies to a motor vehicle other than—

(a)a taxi; or

(b)a motor vehicle stated in a substitute vehicle authority for a taxi service licence; or

(c)a historic vehicle that is not used to provide a public passenger service.

(2)The registered operator of the motor vehicle must ensure the vehicle does not have a sign, marking, light or other thing on it that might reasonably indicate to members of the public it is a taxi.

Examples—

•a hail light

•a particular design or colour scheme used on taxis affiliated with a particular operator

Maximum penalty—20 penalty units.

(3)In this section—

historic vehicle means a motor vehicle that—

(a)is more than 30 years of age from its date of manufacture; and

(b)only has signs, markings, lights or other things on it that indicate it is a taxi that are consistent with the age of the vehicle.

117Notice about ending arrangement with driver for serious misconduct

(1)This section applies to each of the following entities—

(a)an authorised booking entity who has an arrangement with another person (the driver) under which the entity provides booking services for the driver to drive a motor vehicle to provide booked hire services;

(b)the operator of a booked hire service or taxi service who has an arrangement with another person (also the driver) under which the driver drives a motor vehicle to provide the service for the operator.

(2)The entity must immediately give a written notice stating the matters mentioned in subsection (3) to the chief executive if the entity ends the arrangement with the driver because the entity or operator reasonably believes the driver—

(a)has committed a driver disqualifying offence; or

(b)has, while driving a motor vehicle, not provided a public passenger service safely; or

(c)has committed an offence against a provision of relevant transport legislation relating to using a motor vehicle; or

(d)has, in any way, been a threat to the safety of any person, including, for example, a child or other vulnerable member of the community.

Maximum penalty—10 penalty units.

(3)The written notice must state the following matters—

(a)the driver’s name;

(b)the driver’s driver authorisation number;

(c)the day the entity ended the arrangement;

(d)the ground mentioned in subsection (2) on which the arrangement was ended;

(e)details of the facts and circumstances, or alleged facts and circumstances, forming the basis for the ground.

118Chief executive may require information

(1)This section applies if the chief executive receives a written notice under section 117 (the first notice) from an entity about another person (the driver).

(2)The chief executive may, by a written notice (the second notice) given to the entity, require the entity to give the chief executive further information that—

(a)the entity has about matters stated in the first notice; and

(b)the chief executive reasonably requires to decide whether to take action under section 40 or 43 in relation to the driver’s driver authorisation.

(3)The entity or operator must comply with the requirement within 14 days after the second notice is given.

Maximum penalty—10 penalty units.

119Purpose of division—Act, s 91ZY

(1)This division provides for a scheme (the taxi subsidy scheme) under section 91ZY of the Act for particular booked hire services and taxi services provided to particular persons using taxis.

(2)Under the taxi subsidy scheme, the State pays part of the fares for booked hire services and taxi services provided using taxis for approved relevant persons by providing a benefit to each approved relevant person in relation to the cost of the services.

(3)The taxi subsidy scheme is administered by the chief executive.

120Application

(1)A person may apply to the chief executive for membership of the taxi subsidy scheme as a relevant person.

(2)The application must be made in the approved form.

(3)The chief executive must consider the application and decide—

(a)to approve the application; or

(b)to refuse to approve the application.

(4)The chief executive may refuse to approve the application, by giving the person a regulation notice, if—

(a)the chief executive is not satisfied the person is a relevant person; or

(b)the person has been convicted of an offence against section 149(3) of the Act in relation to the taxi subsidy scheme.

121Chief executive may cancel assistance

(1)The chief executive may cancel a person’s approval as an approved relevant person if—

(a)the chief executive is no longer satisfied the person is a relevant person; or

(b)the person has been convicted of an offence against section 149(3) of the Act in relation to the taxi subsidy scheme.

(2)Before cancelling the approval, the chief executive must give the approved relevant person a written notice—

(a)stating the chief executive is considering cancelling the approval; and

(b)stating the grounds for the cancellation; and

(c)outlining the facts and circumstances forming the basis for the grounds; and

(d)inviting the person to show, within a stated period of at least 28 days, why the approval should not be cancelled.

(3)If, after considering all written representations made within the stated period, the chief executive is not satisfied the person is a relevant person as mentioned in subsection (1)(a), or is satisfied the person has been convicted as mentioned in subsection (1)(b), the chief executive may cancel the approval by giving the person a regulation notice.

(4)However, if the chief executive is no longer satisfied the person is a relevant person because the person is an NDIS participant, the chief executive—

(a)is not required to comply with subsection (2); and

(b)may cancel the approval by giving the person a regulation notice.

(5)A person given a regulation notice under subsection (3) must, unless the person has a reasonable excuse, return the following to the chief executive within 14 days after the regulation notice is given—

(a)the person’s membership card;

(b)any unused taxi vouchers given under the taxi subsidy scheme.

Maximum penalty—10 penalty units.

122Production of membership card to receive benefit

An approved relevant person can not receive a benefit under the taxi subsidy scheme for a journey by the person unless the person produces the person’s membership card to the driver of the taxi for the journey that is to be subsidised.

123Chief executive may disclose or use relevant information

(1)This section applies to—

(a)the use of relevant information for a TSS related person by the chief executive; and

(b)the disclosure of relevant information for a TSS related person, by the chief executive, to the following—

(i)a public service employee;

(ii)an entity established by an Act for a public purpose;

(iii)the Commonwealth, or an entity of the Commonwealth.

(2)The chief executive may use or disclose the relevant information for administering the taxi subsidy scheme.

(3)Without limiting subsection (2), the chief executive may use or disclose the relevant information—

(a)to decide whether the person is an NDIS participant; or

(b)to assist the transition of the person from the taxi subsidy scheme to the National Disability Insurance Scheme, whether or not the person becomes an NDIS participant; or

Example of paragraph (b)—

Disclosure of the relevant information to assist in deciding whether a person is eligible to become an NDIS participant.

(c)to assist the transition of the person from the National Disability Insurance Scheme to the taxi subsidy scheme, whether or not the person becomes an approved relevant person.

(4)In this section—

entity of the Commonwealth includes an entity established by an Act of the Commonwealth for a public purpose.

relevant information, for a TSS related person, means the following—

(a)the person’s name;

(b)the person’s date of birth;

(c)the person’s contact details;

(d)the person’s gender;

(e)other information about the person that is related to the administration of the taxi subsidy scheme.

Examples of other information—

•the name and contact details of the person’s carer or guardian and details of any relationship between the person and the person’s carer or guardian

•benefits received by the person under the taxi subsidy scheme

TSS related person means—

(a)an applicant for membership of the taxi subsidy scheme as a relevant person; or

(b)an approved relevant person; or

(c)a person who was previously an approved relevant person.

124Disclosure or use of taxi subsidy scheme information

(1)A person must not disclose or use taxi subsidy scheme information other than for the following purposes—

(a)for, or in connection with, the prosecution of, or the issue of an infringement notice for, an offence committed in or about the taxi to which the taxi subsidy scheme information relates; or

(b)a purpose relating to a police officer’s performance of duties as a police officer; or

(c)the administration of the taxi subsidy scheme, including, for example—

(i)planning for the scheme; and

(ii)the performance of a service, for the administration of the scheme, under a contract with the State; and

(iii)payments to operators and drivers under the scheme; or

(d)the carrying out of work by a manufacturer or supplier of an approved card reader, or equipment used in connection with an approved card reader, to maintain, or deal with a failure in, the equipment; or

(e)the disclosure or use of the information as required or authorised under this Act or another Act.

Maximum penalty—80 penalty units.

(2)In this section—

taxi subsidy scheme information means—

(a)information on a membership card; or

(b)information generated or transmitted under the taxi subsidy scheme by an approved card reader; or

(c)a written record, or other information, derived from information generated or transmitted under the taxi subsidy scheme by an approved card reader.

125Misusing, or tampering with, membership card or approved card reader

A person must not misuse, or tamper with, a membership card or approved card reader.

Maximum penalty—40 penalty units.

126Payment to entitled person

(1)This section applies if an authorised booking entity or an operator of a booked hire service or taxi service (the payee) receives a scheme payment on behalf of another person who is entitled to the payment.

(2)The payee must ensure the scheme payment is given to the person entitled to the payment within a reasonable period, unless the payee has a reasonable excuse.

Maximum penalty—20 penalty units.

(3)In this section—

scheme payment means an amount paid by the State under the taxi subsidy scheme for part of a fare for a booked hire service or a taxi service.

127Ensuring approved card reader is fitted

(1)The holder of a taxi service licence must ensure a taxi operated under the licence is fitted with an approved card reader if the taxi is not an exempted taxi.

Maximum penalty—40 penalty units.

(2)The holder of a substitute vehicle authority must ensure a substitute vehicle for a taxi service licence used under the authority is fitted with an approved card reader.

Maximum penalty—40 penalty units.

128Ensuring approved card reader appears to be working when taxi or substitute vehicle made available to another person

(1)This section applies if—

(a)a person makes a taxi, or a substitute vehicle for a taxi service licence, available to another person under a contract, lease or other arrangement; and

(b)the taxi, or the substitute vehicle for the taxi service licence, is fitted with an approved card reader; and

(c)for a taxi—the vehicle is not an exempted taxi.

(2)The person must ensure the approved card reader appears to be working when the person makes the taxi, or the substitute vehicle for the taxi service licence, available to the other person.

Maximum penalty—40 penalty units.

129Ensuring approved card reader appears to be working when taxi made available to driver

(1)This section applies if—

(a)the operator of a booked hire service or taxi service makes available to a driver a taxi used to provide the service; and

(b)the taxi is fitted with an approved card reader; and

(c)the taxi is not an exempted taxi.

(2)The operator must ensure the approved card reader appears to be working when the operator makes the taxi available to the driver.

Maximum penalty—40 penalty units.

130Ensuring approved card reader interfaces with taximeter and is kept connected

(1)This section applies if—

(a)a taxi used to provide a booked hire service or taxi service is fitted with an approved card reader; and

(b)the taxi is fitted with a taximeter; and

(c)the taxi is not an exempted taxi.

(2)The operator of the service must ensure the approved card reader interfaces with the taximeter to enable the automatic calculation of the benefit under the taxi subsidy scheme for a journey.

Maximum penalty—20 penalty units.

(3)The operator of the service must ensure a connection for the electronic transmission of information is kept between the taximeter and the approved card reader while the taxi is in use.

Maximum penalty—20 penalty units.

(4)The operator of the service does not commit an offence against subsection (2) or (3) if—

(a)a defect in, or damage to, the approved card reader or the taximeter prevents compliance with the subsection; and

(b)arrangements are made to repair the approved card reader within a reasonable time after the operator becomes aware of the defect or damage.

131Manual card reader and restricted use slips to be carried in taxi

(1)The operator of a booked hire service or taxi service must ensure that, while a taxi used to provide the service is available for hire, both of the following are carried in the taxi—

(a)a manual card reader;

(b)a sufficient number of restricted use slips for the period that the taxi is available for hire.

Maximum penalty—20 penalty units.

(2)In this section—

restricted use slip means a document that is used in association with a manual card reader to facilitate payment of a fare under the taxi subsidy scheme.

132Driver authorisation number to be entered

(1)This section applies if—

(a)a taxi is fitted with an approved card reader; and

(b)the taxi is not an exempted taxi.

(2)The driver of the taxi must—

(a)enter the driver’s driver authorisation number into the approved card reader at the start of each shift to validate the currency of the driver authorisation; and

(b)sight the response from the approved card reader.

Maximum penalty—40 penalty units.

(3)The driver does not commit an offence against subsection (2) if—

(a)a defect in, or damage to, the approved card reader prevents compliance with the subsection; and

(b)arrangements are made to repair the approved card reader within a reasonable time after the driver becomes aware of the defect or damage.

133How approved card reader must be used

(1)This section applies if—

(a)an approved relevant person produces the person’s membership card to the driver of a taxi, used to provide a booked hire service or taxi service, for the journey that is to be subsidised; and

(b)the taxi is fitted with an approved card reader; and

(c)the taxi is not an exempted taxi.

(2)The driver must—

(a)use the membership card with the approved card reader—

(i)to validate the currency of the approved relevant person’s membership of the taxi subsidy scheme; and

(ii)to facilitate the payment, under the scheme, in relation to the fare for the journey; and

(b)sight the response for paragraph (a)(i) from the approved card reader.

Maximum penalty—40 penalty units.

(3)The driver does not commit an offence against subsection (2) if—

(a)a defect in, or damage to, the approved card reader prevents compliance with the subsection; and

(b)arrangements are made to repair the approved card reader within a reasonable time after the driver becomes aware of the defect or damage.

134When manual card reader must be used

(1)This section applies if—

(a)an approved relevant person produces the person’s membership card to the driver of a taxi, used to provide a booked hire service or taxi service, for the journey that is to be subsidised; and

(b)the taxi is not an exempted taxi; and

(c)the taxi is fitted with an approved card reader; and

(d)the approved card reader is not working properly or at all; and

(e)a manual card reader is carried in the taxi.

(2)The driver of the taxi must use the manual card reader to take an imprint of the membership card.

Maximum penalty—40 penalty units.

135When manual card reader must not be used

The driver of a taxi must not use a manual card reader unless—

(a)the taxi is an exempted taxi; or

(b)the approved card reader is not working properly or at all.

Maximum penalty—40 penalty units.

136Driver to compare photograph and not to hire taxi to particular person

(1)If, for a journey, a hirer of a taxi produces a membership card to the driver of the taxi, the driver must make a visual comparison between the person and the photograph on the membership card.

Maximum penalty—40 penalty units.

(2)The driver of a taxi must not hire the taxi to a person for a journey if the driver reasonably believes that—

(a)the person is not an approved relevant person; and

(b)the person intends to obtain a benefit under the taxi subsidy scheme in relation to the fare for the journey.

Maximum penalty—40 penalty units.

137 Issue

The chief executive may issue a taxi driver display card to a holder of driver authorisation (booked hire and taxi).

s 137 sub 2019 SL No. 218 s 13

138Display

(1)The driver of a taxi must not drive the taxi in a prescribed area while the taxi is available for hire unless the taxi driver displays the taxi driver display card for the driver in a prominent position inside the taxi so that information on the card is readily visible to all passengers in the taxi.

Maximum penalty—20 penalty units.

(2)However, the driver of a taxi does not commit an offence against subsection (1) if the driver is—

(a)displaying under section 143 an interim taxi driver display card held by the driver; or

(b)driving a taxi for a journey that starts in a taxi service area other than a prescribed area.

139Person not to display card unless person holds driver authorisation (booked hire and taxi)

(1)This section applies if a person issued a taxi driver display card under section 137 is driving a vehicle.

(2)The person must not display the taxi driver display card in the vehicle unless the person holds driver authorisation (booked hire and taxi).

Note—

A person does not hold driver authorisation (booked hire and taxi) if, for example, the term of the authorisation has ended or the authorisation is cancelled or surrendered under part 3.

Maximum penalty—60 penalty units.

s 139 amd 2019 SL No. 218 s 14; 2019 SL No. 245 s 5

140Issue

The chief executive may issue an interim taxi driver display card to an operator who provides a booked hire service or taxi service in a prescribed area to enable the operator to assign the card to a person if—

(a)the person holds driver authorisation (booked hire and taxi); and

(b)either—

(i)the most recent taxi driver display card issued to the person has been damaged, lost or stolen; or

(ii)the person has not been issued a taxi driver display card.

s 140 amd 2019 SL No. 218 s 15

141Temporary assignment

(1)This section applies to an operator who—

(a)provides a taxi service, or a booked hire service using a taxi; and

(b)has been issued an interim taxi driver display card under section 140.

(2)The operator may assign the interim taxi driver display card to a person for a term of not more than 2 weeks if—

(a)either—

(i)the most recent taxi driver display card issued to the person has been damaged, lost or stolen; or

(ii)a taxi driver display card has not been issued to the person; and

(b)the person gives the operator the following information about the person, and the operator has no reason to suspect the information is false—

(i)evidence that the person holds driver authorisation (booked hire and taxi);

(ii)written notice that—

(A)the most recent taxi driver display card issued to the person has been damaged, lost or stolen; or

(B)the person has not been issued a taxi driver display card.

(3)An operator of a taxi service, or a booked hire service provided using a taxi, must not assign an interim taxi driver display card to a person unless the person holds driver authorisation (booked hire and taxi).

Maximum penalty—40 penalty units.

s 141 amd 2019 SL No. 218 s 16

142Temporary issue

The chief executive may issue an interim taxi driver display card to a person who drives a taxi in a prescribed area for a term of 2 weeks if—

(a)the person holds driver authorisation (booked hire and taxi); and

(b)either—

(i)the most recent taxi driver display card issued to the person has been damaged, lost or stolen; or

(ii)a taxi driver display card has not been issued to the person.

s 142 amd 2019 SL No. 218 s 17

143Display

(1)This section applies if the driver of a taxi holds an interim taxi driver display card.

(2)The driver must not drive the taxi in a prescribed area while the taxi is available for hire unless the taxi driver displays the interim taxi driver display card in a prominent position inside the taxi so that information on the card is readily visible to all passengers in the taxi.

Maximum penalty—20 penalty units.

(3)However, the driver of a taxi does not commit an offence against subsection (2) if the driver is driving a taxi for a journey that starts in a taxi service area other than a prescribed area.

(4)A person temporarily assigned or issued an interim taxi driver display card under section 141 or 142 who is driving a taxi in a prescribed area while the taxi is available for hire must not display the card in the taxi—

(a)other than during the term for which the card was issued or the term of the assignment; or

(b)if the person has been issued a taxi driver display card.

Maximum penalty—20 penalty units.

Note—

See also section 148.

144False or misleading information relating to assignment

A person must not give an operator of a taxi service, or an operator of a booked hire service provided using a taxi, information the person knows is false or misleading in a material particular relating to the assignment of an interim taxi driver display card to the person.

Maximum penalty—40 penalty units.

145Record to be kept about assignment

(1)This section applies to an operator of a taxi service, or a booked hire service provided using a taxi, who temporarily assigns an interim taxi driver display card to a person under section 141.

(2)The operator must keep a written record of the following for at least 5 years after the temporary assignment at a place of business of the operator—

(a)the name of the person to whom the card is assigned;

(b)the person’s driver authorisation number;

(c)the reason for the assignment;

(d)the date of the assignment;

(e)the date the card is returned to the operator.

Maximum penalty—20 penalty units.

146Return of card

(1)A person to whom an interim taxi driver display card is temporarily assigned under section 141 must, unless the person has a reasonable excuse, return the card to the operator who assigned the card to the person—

(a)within 2 weeks after the term of the assignment ends; or

(b)if requested by the operator—

(i)immediately after the request is made; or

(ii)within the period stated by the operator; or

(c)within 2 weeks after the person’s driver authorisation (booked hire and taxi) is suspended or cancelled.

Maximum penalty—20 penalty units.

(2)Subsection (1) applies despite the temporary assignment of the card to the person for a term of 2 weeks.

(3)A person who is temporarily issued an interim taxi driver display card under section 142 must, unless the person has a reasonable excuse, return the card to the chief executive—

(a)within 2 weeks after the term for which the card was issued ends; or

(b)within 2 weeks after the person’s driver authorisation (booked hire and taxi) is suspended or cancelled.

Maximum penalty—20 penalty units.

s 146 amd 2019 SL No. 218 s 18

147Duty to notify damage, loss or theft of card

(1)If an interim taxi driver display card is—

(a)issued to an operator under section 140; and

(b)temporarily assigned to a person under section 141; and

(c)damaged, lost or stolen;

the person must give the operator written notice of the damage, loss or theft, as soon as possible, unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

(2)If an interim taxi driver display card is—

(a)issued to an operator under section 140; and

(b)damaged, lost or stolen;

the operator must give the chief executive written notice of the damage, loss or theft no later than 5p.m. on the next business day after becoming aware of the damage, loss or theft, unless the operator has a reasonable excuse.

Maximum penalty—20 penalty units.

148Person not to display card unless person holds driver authorisation (booked hire and taxi)

(1)This section applies to a person—

(a)to whom an interim taxi driver display card is temporarily assigned under section 141 or temporarily issued under section 142; and

(b)who is driving a vehicle.

(2)The person must not display the interim taxi driver display card in the vehicle unless the person holds driver authorisation (booked hire and taxi).

Note—

A person does not hold driver authorisation (booked hire and taxi) if, for example, the term of the authorisation has ended or the authorisation is cancelled or surrendered under part 3.

Maximum penalty—60 penalty units.

s 148 amd 2019 SL No. 218 s 19; 2019 SL No. 245 s 6

149Requirement to carry licence for NSW taxi

(1)An operator of a taxi service who provides a cross-border taxi service must ensure the licence, or a copy of the licence, for the NSW taxi used to provide the service is kept inside the NSW taxi and is readily available to the driver of the NSW taxi.

Maximum penalty—40 penalty units.

(2)A person driving a NSW taxi in Queensland must, if asked by an authorised person, make the licence or copy of the licence for the NSW taxi made available to the driver under subsection (1), available for inspection by the authorised person.

Maximum penalty—40 penalty units.

(3)In this section—

licence, for a NSW taxi, means—

(a)a taxi licence issued under the Point to Point Transport (Taxis and Hire Vehicles) Act 2016 (NSW), part 4; or

(b)a taxi licence continued in force under schedule 2, section 3 of that Act.

150Cross-border taxi ranks

(1)The chief executive may erect or place a sign at a taxi rank in the Queensland–NSW border area identifying the taxi rank as a taxi rank where a NSW taxi can ply or stand for hire by a person intending to make a journey to New South Wales.

(2)In this section—

Queensland–NSW border area means the part of Queensland bound by the following—

(a)Currumbin Creek;

(b)Tomewin Mountain Road;

(c)the border between Queensland and New South Wales;

(d)the Queensland shoreline.

151Definitions for part

In this part—

government entity means—

(a)a local government, a State or the Commonwealth; or

(b)an entity established for a government purpose of a local government, a State or the Commonwealth; or

(c)a part of an entity mentioned in paragraph (b).

ultimate approved lessee, of a taxi service licence or limousine licence, means a person—

(a)to whom the licence has been leased or subleased under a lease or sublease approved by the chief executive, under section 162, that has not ended; and

(b)who has not subleased the person’s interest in the licence to another person under another sublease approved by the chief executive, under section 162, that has not ended.

vehicle requirements, for a booked hire service licence, limousine licence or taxi service licence, means the requirements under section 158 for a motor vehicle stated in the licence.

152Application for grant

(1)A person may apply to the chief executive for the grant of a booked hire service licence.

(2)The application must—

(a)be made in the approved form; and

(b)include the details of the motor vehicle to be stated in the licence; and

(c)be accompanied by the fee stated in schedule 8.

153Chief executive may require information or document

(1)The chief executive may, by written notice given to the applicant, require the applicant to give the chief executive, within the reasonable period of at least 14 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.

(2)The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement.

154Deciding application

After receiving the application for the booked hire service licence, the chief executive must consider it and decide—

(a)to grant the application, with or without conditions; or

(b)to refuse, under section 156, to issue the licence.

155Granting booked hire service licence

(1)If the chief executive decides to grant the application, the chief executive must issue a booked hire service licence to the applicant.

(2)A booked hire service licence must state the following—

(a)the licence holder’s name;

(b)the details of the motor vehicle for which the licence is issued;

(c)the day the licence takes effect and expires;

(d)any conditions of the licence.

(3)If the chief executive decides to impose a condition on the booked hire service licence, the chief executive must give the applicant a regulation notice for the decision.

156Refusing to issue booked hire service licence

(1)The chief executive may refuse to issue a booked hire service licence to a person if—

(a)the motor vehicle for which the licence is sought does not comply with the vehicle requirements for a booked hire service licence; or

(b)a booked hire service licence, limousine licence or taxi service licence held by a relevant person was cancelled or suspended within the previous year; or

(c)a relevant person has, within the previous year, committed an offence against a provision of relevant transport legislation relating to—

(i)providing a booked hire service or taxi service; or

(ii)using a motor vehicle to provide a booked hire service or taxi service; or

(d)the chief executive considers the refusal is necessary in the public interest.

(2)Subsection (1)(c) is prescribed as a section to which section 150C of the Act applies.

Note—

Section 150C of the Act applies for working out when a person commits an offence against a provision of an Act.

(3)If the chief executive decides to refuse to issue a booked hire service licence under this section, the chief executive must give the person a regulation notice for the decision.

(4)In this section—

relevant person, in relation to issuing a booked hire service licence to a person, means each of the following persons—

(a)the person;

(b)if the person is a corporation—an executive officer of the corporation;

(c)a related body corporate of the person and each executive officer of the body corporate.

157Definitions for division

In this division—

licence means—

(a)a booked hire service licence; or

(b)a limousine licence; or

(c)a taxi service licence.

proposed action see section 165(2).

158Vehicle requirements

(1)The requirements for a motor vehicle stated in a licence are that the vehicle must be—

(a)an appropriate vehicle for the licence; and

(b)registered under the Transport Operations (Road Use Management) Act 1995; and

(c)the subject of a current certificate of inspection; and

(d)the subject of a CTP insurance policy for a class of motor vehicle that includes the following vehicles or another class of vehicle that attracts a higher premium—

(i)for a booked hire service licence—booked hire vehicles;

(ii)for a limousine licence—limousines;

(iii)for a taxi service licence—taxis.

(2)However, subsection (1)(c) does not apply to a motor vehicle mentioned in the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021, section 71(2).

(3)In this section—

appropriate vehicle means—

(a)for a booked hire service licence—a passenger vehicle or utility vehicle that has not more than 12 seating positions, including the driver’s position; or

(b)for a limousine licence—a passenger vehicle that—

(i)has a wheelbase of at least 2,800mm; or

(ii)is at least 30 years of age from its date of manufacture; or

(c)for a taxi service licence—a passenger vehicle that has not more than 12 seating positions, including the driver’s position.

certificate of inspection see the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021, section 66(1).

CTP insurance policy see the Motor Accident Insurance Act 1994, section 4.

register of vehicles means a register of vehicles kept by the chief executive under a transport Act as defined under the Transport Operations (Road Use Management) Act 1995, schedule 4.

utility vehicle means a motor vehicle that—

(a)is recorded in the register of vehicles as a make of vehicle with 1 of the following body shapes—

(i)dual cabin;

(ii)cabin and chassis;

(iii)utility; and

(b)has a gross vehicle mass of not more than 4.5t.

s 158 amd 2021 SL No. 114 s 153 sch 5

159Changing motor vehicle stated in licence

(1)The holder of a licence, or the ultimate approved lessee of a taxi service licence or limousine licence, may apply to the chief executive to change the motor vehicle stated in the licence.

(2)The application must—

(a)be made in the approved form; and

(b)state the details of the motor vehicle that is the subject of the application.

(3)The chief executive may decide to grant the application if the chief executive is satisfied the motor vehicle the subject of the application complies with the vehicle requirements for the licence.

160Substitute vehicle for limousine licence outside business hours—Act, s 91R

(1)This section applies if—

(a)a limousine can not be used to provide booked hire services because of a mechanical failure or accident; and

(b)the mechanical failure or accident happened—

(i)outside of the department’s business hours; or

(ii)at another time, or at a place, so that it is not reasonably practicable for an application to be made under section 159 at an office of the department during the department’s business hours.

(2)The holder or ultimate approved lessee of the limousine licence for the limousine may give the chief executive a notice about the intention of the holder or ultimate approved lessee to use the motor vehicle stated in the notice to provide booked hire services under the licence under this section.

(3)The notice must—

(a)be in the approved form; and

(b)state the details of the motor vehicle the holder or ultimate approved lessee intends to use under this section; and

(c)be given electronically, in the way stated in the approved form.

(4)The holder or ultimate approved lessee of a limousine licence must not give a notice under this section for a motor vehicle that does not comply with the vehicle requirements for the licence.

Maximum penalty—20 penalty units.

(5)For section 91R(3)(b) of the Act, the motor vehicle stated in the notice may be used under the licence for the period that—

(a)starts when the notice is given under this section; and

(b)ends when the department’s business hours end on the third business day after the day the notice is given.

(6)Subsection (5) does not apply if the motor vehicle stated in the notice does not comply with the vehicle requirements for the licence.

161Transferring original taxi service licence or limousine licence—Act, s 91S

(1)The holder (the proposed transferor) of an original taxi service licence or limousine licence, other than a special purpose limousine licence, must not transfer the licence to another person (the proposed transferee) unless the transfer has been approved by the chief executive under this section.

Maximum penalty—20 penalty units.

(2)Failure to comply with subsection (1) does not invalidate or otherwise affect the transfer of the licence.

(3)An application for approval of a transfer must—

(a)be made in the approved form; and

(b)state the proposed day of the transfer; and

(c)state the proposed price to be paid, or other consideration to be given, for the transfer of the licence; and

(d)be signed by the proposed transferor and the proposed transferee.

(4)The chief executive may refuse the application if—

(a)the proposed transferee, or a related entity of the proposed transferee, has, within the previous year, committed an offence against a provision of relevant transport legislation relating to—

(i)providing a booked hire service or taxi service; or

(ii)using a motor vehicle to provide a booked hire service or taxi service; or

(b)a licence held by the proposed transferee, or a related entity of the proposed transferee, was suspended or cancelled within the previous year; or

(c)the chief executive considers the refusal is necessary in the public interest.

(5)Subsection (4)(a) is prescribed as a section to which section 150C of the Act applies.

Note—

Section 150C of the Act applies for working out when a person commits an offence against a provision of an Act.

(6)If the chief executive decides to refuse the application, the chief executive must give the proposed transferor and the proposed transferee a regulation notice for the decision.

(7)The proposed transferor must, within 14 days after any of the following happens, give the chief executive written notice of the matter—

(a)the proposed day for the transfer of the licence changes;

(b)the proposed price to be paid, or other consideration to be given, for the transfer changes;

(c)the transfer does not happen on the proposed day of the transfer stated in the approved form or notified to the chief executive under this subsection;

(d)the licence is transferred and the price paid, or other consideration given, for the transfer is different to the proposed price or other consideration stated in the approved form or notified to the chief executive under this subsection;

(e)the proposed transferor or the proposed transferee decides not to proceed with the transfer of the licence.

Maximum penalty—20 penalty units.

(8)In this section—

related entity, of a proposed transferee, means each of the following persons—

(a)if the transferee is a corporation—an executive officer of the corporation;

(b)a related body corporate of the transferee and each executive officer of the body corporate.

162Leasing or subleasing taxi service licence or limousine licence—Act, s 91S

(1)The holder or an approved lessee (the proposed lessor) of a taxi service licence or limousine licence, other than a special purpose limousine licence, must not lease or sublease the licence to another person (the proposed lessee) unless the lease or sublease has been approved by the chief executive under this section.

Maximum penalty—20 penalty units.

(2)Failure to comply with subsection (1) does not invalidate or otherwise affect the lease or sublease of the licence.

(3)An application for approval of a lease or sublease must—

(a)be made in the approved form; and

(b)state the proposed start day and end day of the lease or sublease; and

(c)be signed by the proposed lessor and the proposed lessee.

(4)The chief executive may refuse the application if—

(a)the proposed lessee, or a related entity of the proposed lessee, has, within the previous year, committed an offence against a provision of relevant transport legislation relating to—

(i)providing a booked hire service or taxi service; or

(ii)using a motor vehicle to provide a booked hire service or taxi service; or

(b)a licence held by the proposed lessee, or a related entity of the proposed lessee, was suspended or cancelled within the previous year; or

(c)if the application is for approval of a sublease—the proposed lessor does not have the authority, under the lease under which the proposed lessor holds an interest in the licence, to sublease the licence; or

(d)the chief executive considers the refusal is necessary in the public interest.

(5)Subsection (4)(a) is prescribed as a section to which section 150C of the Act applies.

Note—

Section 150C of the Act applies for working out when a person commits an offence against a provision of an Act.

(6)If the chief executive decides to refuse the application, the chief executive must give the proposed lessor and proposed lessee a regulation notice for the decision.

(7)The proposed lessor must, within 14 days after any of the following happens, give the chief executive written notice of the matter—

(a)the proposed start day or end day of the lease or sublease stated in the approved form changes;

(b)the lease or sublease starts or ends on a day other than the proposed start day or end day stated in the approved form or notified to the chief executive under this subsection;

(c)the proposed lessor or proposed lessee decides not to enter into the lease or sublease.

Maximum penalty—20 penalty units.

(8)In this section—

approved lessee, of a taxi service licence or limousine licence, means a person to whom the licence has been leased or subleased under a lease or sublease, approved by the chief executive under this section, that has not ended.

related entity, of a proposed lessee, means each of the following persons—

(a)if the lessee is a corporation—an executive officer of the corporation;

(b)a related body corporate of the lessee and each executive officer of the body corporate.

163Surrendering licence—Act, s 91S

(1)The holder of a licence may surrender the licence by written notice given to the chief executive.

(2)The surrender takes effect from the day the written notice is received by the chief executive or a later day stated in the notice.

164Grounds for amendment, suspension or cancellation—Act, ss 91P and 91T

(1)The chief executive may amend a person’s licence if satisfied the amendment will enable the needs of users of booked hire services or taxi services to be better met.

(2)Without limiting subsection (1), an amendment may impose a condition on, or vary or remove a condition of, the person’s licence.

(3)The chief executive may suspend or cancel a person’s licence if—

(a)the motor vehicle stated in the licence does not comply with the vehicle requirements for the licence; or

(b)the person, or a related entity of the person, has committed an offence against a provision of relevant transport legislation relating to—

(i)providing a booked hire service or taxi service; or

(ii)using a motor vehicle to provide a booked hire service or taxi service; or

(c)a person, or a related entity of the person, has contravened, or encouraged or permitted another person to contravene, a condition of the person’s licence or another licence; or

(d)another licence held by the person, or a related entity of the person, has been suspended or cancelled; or

(e)a fee, or the taxi industry security levy under section 91ZW of the Act, payable for the licence remains unpaid after the day payment is required to be made; or

(f)the chief executive considers the suspension or cancellation is necessary in the public interest.

(4)Subsection (3)(b) is prescribed as a section to which section 150C of the Act applies.

Note—

Section 150C of the Act applies for working out when a person commits an offence against a provision of an Act.

(5)In this section—

related entity, of a person, means each of the following persons—

(a)if the person is a corporation—an executive officer of the corporation;

(b)a related body corporate of the person and each executive officer of the body corporate.

165Show cause notice before taking particular action

(1)This section applies if the chief executive considers a ground exists under section 164 to amend, suspend or cancel a person’s licence.

(2)Before taking the action mentioned in subsection (1) (the proposed action), the chief executive must give the person a written notice—

(a)stating the proposed action; and

(b)stating the grounds for the proposed action; and

(c)outlining the facts and circumstances forming the basis for the grounds; and

(d)if the proposed action is amendment of the licence—stating the proposed amendment; and

(e)if the proposed action is suspension of the licence—stating the proposed suspension period; and

(f)inviting the person to show, within a stated period of at least 28 days, why the proposed action should not be taken.

166Decision in relation to taking particular action after show cause process

If, after considering all written representations received from a person within the period stated under section 165(2)(f), the chief executive is satisfied a ground exists to take the proposed action, the chief executive may, by giving a regulation notice to the person—

(a)if the proposed action was to amend the licence—

(i)amend the licence in the way stated in the notice under section 165(2); or

(ii)amend the licence in another way; or

(b)if the proposed action was to suspend the licence—

(i)suspend the licence for a period of not more than the period stated in the notice under section 165(2); or

(ii)amend the licence; or

(c)if the proposed action was to cancel the licence—

(i)cancel the licence; or

(ii)suspend the licence for a period; or

(iii)amend the licence.

167Immediate suspension—Act, s 91T

(1)The chief executive may immediately suspend a person’s licence, by giving a written notice to the person, if the chief executive considers—

(a)the motor vehicle stated in the licence does not comply with the vehicle requirements for the licence; or

(b)the suspension is necessary in the public interest.

Example for paragraph (b)—

The chief executive is satisfied the person is behaving in a way that is damaging to the reputation of public passenger transport.

(2)The written notice must state—

(a)that the licence is immediately suspended; and

(b)the reasons for the suspension.

(3)The immediate suspension has effect until the earlier of the following—

(a)the chief executive gives the person a regulation notice under section 166;

(b)the end of 56 days after the written notice under subsection (1) is given to the person.

(4)This section applies despite sections 164, 165 and 166.

168Further action after immediate suspension

(1)This section applies if—

(a)under section 167, the chief executive immediately suspends a person’s licence; and

(b)the chief executive also proposes, under section 164, to amend, suspend or cancel the licence.

(2)The written notice under section 167(1) must also state the information mentioned in section 165(2) in relation to the proposed action.

(3)Section 166 applies to the proposed action as if the written notice given under section 167(1) were a written notice given under section 165(2).

169Other amendments

(1)The chief executive may amend a person’s licence—

(a)for a formal or clerical reason, including, for example, to correct a typographical error; or

(b)in another way that does not adversely affect the person’s interests; or

(c)if the person asks.

(2)The chief executive amends the licence by giving written notice to the person.

170Returning amended, suspended or cancelled licence

(1)This section applies if—

(a)a person is given a notice, under section 166, 167 or 169, amending, suspending or cancelling the person’s licence; and

(b)the notice requires the licence to be returned to the chief executive.

(2)The person must, within 14 days after the notice is given, return the licence to the chief executive, unless the person has a reasonable excuse.

Maximum penalty—10 penalty units.

171Purpose of division

For section 91R(3)(b) of the Act, this division provides for the issue of an authority (a substitute vehicle authority) for a motor vehicle that may be used under a taxi service licence in particular circumstances and on particular conditions.

172Chief executive may issue

The chief executive may issue a substitute vehicle authority—

(a)to an authorised booking entity that provides booking services for booked hire services provided using taxis; and

(b)for a motor vehicle that complies with the vehicle requirements for a taxi service licence.

173Application

(1)An authorised booking entity may apply to the chief executive for a substitute vehicle authority for taxis for which the entity provides booking services.

(2)The application must—

(a)be made in the approved form; and

(b)include the details of the motor vehicle to be stated in the substitute vehicle authority.

173A Chief executive may require information or document

(1)The chief executive may, by written notice given to the authorised booking entity, require the entity to give the chief executive, within the reasonable period of at least 14 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.

(2)The authorised booking entity is taken to have withdrawn the application if, within the stated period, the entity does not comply with the requirement.

s 173A ins 2020 SL No. 194 s 4

174Deciding application

After receiving the application for the substitute vehicle authority, the chief executive must consider it and decide—

(a)to grant the application, with or without conditions; or

(b)to refuse, under section 176, to issue the authority.

175Issue

(1)If the chief executive decides to grant the application, the chief executive must issue a substitute vehicle authority to the authorised booking entity.

(2)The substitute vehicle authority is for a term of 1 year.

(3)The substitute vehicle authority must state the following—

(a)the authorised booking entity’s name;

(b)the details of the motor vehicle for which the authority is issued;

(c)the day the authority starts and ends;

(d)any conditions of the authority.

(4)If the chief executive decides to impose a condition on the substitute vehicle authority, the chief executive must give the authorised booking entity a regulation notice for the decision.

176Refusal to issue

(1)The chief executive must refuse to issue a substitute vehicle authority if satisfied the motor vehicle for which the authority is sought does not comply with the vehicle requirements for a taxi service licence.

(2)Also, the chief executive may refuse to issue a substitute vehicle authority if satisfied that, without the authority, there is a sufficient number of substitute vehicles available for booked hire services provided using taxis for which the authorised booking entity provides booking services having regard to—

(a)the circumstances in which a motor vehicle stated in a substitute vehicle authority may be used to provide a booked hire service; and

(b)the number of taxis for which the entity provides booking services; and

(c)the number of substitute vehicle authorities the entity holds.

(3)If the chief executive decides to refuse to issue a substitute vehicle authority under this section, the chief executive must give the authorised booking entity a regulation notice for the decision.

177Allowed use of vehicle under taxi service licence

The motor vehicle stated in a substitute vehicle authority may be used to provide a booked hire service or taxi service under a taxi service licence if—

(a)the holder of the authority provides booking services for booked hire services provided under the licence; and

(b)the motor vehicle stated in the licence can not be used to provide the booked hire service or taxi service because of any of the following circumstances—

(i)the vehicle has a mechanical fault;

(ii)the vehicle has been involved in an accident;

(iii)another circumstance stated in the authority.

178Cancellation

(1)The chief executive may cancel a substitute vehicle authority if satisfied—

(a)the motor vehicle stated in the authority does not comply with the vehicle requirements for a taxi service licence; or

(b)the motor vehicle stated in the authority has been used in contravention of section 180; or

(c)the holder of the authority has contravened, or is contravening, a condition of the authority.

(2)Before cancelling the substitute vehicle authority, the chief executive must give the holder of the authority a written notice—

(a)stating the chief executive is considering cancelling the authority; and

(b)stating the grounds for the cancellation; and

(c)outlining the facts and circumstances forming the basis for the grounds; and

(d)inviting the holder to show, within a stated period of at least 28 days, why the authority should not be cancelled.

(3)If, after considering all written representations received within the stated period, the chief executive is satisfied a ground exists to cancel the substitute vehicle authority, the chief executive may, by giving a regulation notice to the holder of the authority, cancel the authority.

(4)The holder of the authority must, within 14 days after the regulation notice is given, return the substitute vehicle authority to the chief executive, unless the holder has a reasonable excuse.

Maximum penalty—10 penalty units.

179Compliance with conditions

The holder of a substitute vehicle authority must comply with a condition of the authority, unless the holder has a reasonable excuse.

Maximum penalty—40 penalty units.

180Requirements for use of vehicle

(1)A person must not use, or allow the use of, the motor vehicle stated in a substitute vehicle authority to provide a public passenger service other than—

(a)a booked hire service or taxi service provided in compliance with section 177; or

(b)under a contract with a government entity.

Maximum penalty—40 penalty units.

(2)A person must not use, or allow the use of, the motor vehicle stated in a substitute vehicle authority to provide a public passenger service unless the vehicle—

(a)complies with each condition of the taxi service licence; and

(b)displays the letters ‘ST’ on the rear and side panels of the vehicle.

Maximum penalty—40 penalty units.

181Records to be kept when vehicle used under taxi service licence

(1)This section applies if a motor vehicle stated in a substitute vehicle authority (the substitute vehicle) is used to provide a booked hire service or taxi service under a taxi service licence instead of the motor vehicle stated in the licence (the original vehicle).

(2)The holder of the substitute vehicle authority must keep a written record of the following information for 2 years after the substitute vehicle is used as mentioned in subsection (1)—

(a)the registration number of the substitute vehicle;

(b)the registration number and the fleet number, if any, of the original vehicle;

(c)the date and time the substitute vehicle was used;

(d)the reason why the original vehicle could not be used;

(e)the location of the original vehicle while the substitute vehicle was being used.

Maximum penalty—20 penalty units.

(3)Before the substitute vehicle is used as mentioned in subsection (1), the holder of the substitute vehicle authority for the substitute vehicle must give the information mentioned in subsection (2) to the operator of the booked hire service or taxi service.

Maximum penalty—40 penalty units.

(4)The operator of the booked hire service or taxi service must—

(a)before a driver drives the substitute vehicle instead of the original vehicle to provide the service, give the driver the following information—

(i)a copy of the information given to the operator under subsection (3);

(ii)the taxi service area for the original vehicle;

(iii)a copy of the conditions, if any, imposed on the taxi service licence for the original vehicle; and

(b)keep a copy of the information given to the operator under subsection (3) for 2 years after the information is given.

Maximum penalty—40 penalty units.

(5)The driver of the substitute vehicle must, if asked by an authorised person, make the information mentioned in subsection (4)(a) available for inspection by the authorised person unless the driver has a reasonable excuse.

Maximum penalty—20 penalty units.

(6)For this section—

(a)a written record or information may be kept, given or made available for inspection electronically; and

(b)a written record or information may be kept, given or made available for inspection by keeping, giving or making available for inspection a copy of the record or information.

182Records to be kept when vehicle used for public passenger service under government contract

(1)This section applies if the motor vehicle stated in a substitute vehicle authority is used to provide a public passenger service under a contract with a government entity.

(2)The holder of the substitute vehicle authority must keep a written record of the particulars mentioned in section 226(2)(b) to (e) for the use of the motor vehicle to provide the public passenger service for 2 years after the vehicle is used to provide the service.

Maximum penalty—20 penalty units.

183When motor vehicle not used as substitute vehicle

(1)If a motor vehicle stated in a substitute vehicle authority is not being used as a substitute vehicle for a taxi service licence, the registered operator of the motor vehicle must—

(a)at the request of the chief executive, make the motor vehicle available for inspection by the chief executive; and

(b)not stand the motor vehicle in a public place in a way that would reasonably imply that the vehicle is available for hire as a taxi.

Maximum penalty—40 penalty units.

(2)Subsection (1)(a) does not apply while the motor vehicle is being used to provide a public passenger service under a contract with a government entity.

184Definitions for division

In this division—

proposed local nominee, of a foreign person, means a person proposed to be the foreign person’s local nominee under section 91ZD of the Act.

relevant person means—

(a)for a person’s application for a booking entity authorisation, each of the following persons—

(i)the person;

(ii)if the person is a foreign person—the person’s proposed local nominee;

(iii)if the person or person’s proposed local nominee is a corporation—each executive officer of the corporation;

(iv)a related body corporate of the person or the person’s proposed local nominee and each executive officer of the body corporate; or

(b)for a person’s booking entity authorisation, each of the following persons—

(i)the person;

(ii)if the person is a foreign person—the person’s local nominee;

(iii)if the person or person’s local nominee is a corporation—each executive officer of the corporation;

(iv)a related body corporate of the person or the person’s local nominee and each executive officer of the body corporate.

185Application for grant or renewal

(1)A person may apply to the chief executive for the grant or renewal of a booking entity authorisation.

(2)The application must be—

(a)made in the approved form; and

(b)accompanied by the fee stated in schedule 8.

186Chief executive may require information or document

(1)The chief executive may, by written notice given to the applicant, require the applicant to give the chief executive, within the reasonable period of at least 14 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.

(2)The applicant is taken to have withdrawn the application if the applicant does not comply with the requirement.

187Deciding application

After receiving the application for the grant or renewal of the booking entity authorisation, the chief executive must consider it and decide—

(a)to grant or renew the authorisation, with or without conditions; or

(b)to refuse, under section 189, to grant or renew the authorisation.

188Grant or renewal

(1)If the chief executive decides to grant or renew the booking entity authorisation, the chief executive must—

(a)grant or renew the authorisation, with or without conditions; and

(b)give the applicant an authorising document for the authorisation.

(2)For subsection (1)(a), conditions for a renewal of the booking entity authorisation may be the same or different to conditions imposed on the authorisation before the renewal.

(3)The authorising document for the booking entity authorisation must state the following—

(a)the authorisation holder’s name;

(b)the day the authorisation takes effect and expires;

(c)any conditions of the authorisation.

(4)If the chief executive decides to impose a condition on the booking entity authorisation, the chief executive must give the applicant a regulation notice for the decision.

189Refusal to grant or renew

(1)The chief executive may refuse to grant or renew a booking entity authorisation if—

(a)for a person who is a foreign person—the person does not have a proposed local nominee; or

(b)another booking entity authorisation held by a relevant person was cancelled or suspended within the previous year; or

(c)a relevant person has, within the previous year, committed an offence against a provision of relevant transport legislation relating to—

(i)providing a booked hire service, a booking service for a booked hire service or a taxi service; or

(ii)using a motor vehicle to provide a booked hire service or a taxi service; or

(d)a relevant person has been—

(i)convicted of a disqualifying offence; or

(ii)charged with a disqualifying offence and the charge has not been dealt with; or

(e)the chief executive is satisfied a relevant person has taken steps to avoid detection of, or prosecution for, an offence committed by the relevant person or another person in relation to providing—

(i)a booked hire service; or

(ii)a booking service for a booked hire service; or

(iii)a taxi service; or

(f)the chief executive considers the refusal is necessary in the public interest.

(2)Subsection (1)(c) is prescribed as a section to which section 150C of the Act applies.

Note—

Section 150C of the Act applies for working out when a person commits an offence against a provision of an Act.

(3)If the chief executive decides to refuse to grant or renew a booking entity authorisation under this section, the chief executive must give the person a regulation notice for the decision.

190Definition for subdivision

In this subdivision—

proposed action see section 192(2).

191Grounds for amendment, suspension or cancellation—Act, ss 91Z and 91ZA

(1)The chief executive may amend a person’s booking entity authorisation if satisfied the amendment will enable the needs of users of booked hire services to be better met.

(2)Without limiting subsection (1), an amendment may—

(a)change the day the person’s booking entity authorisation takes effect or expires; or

(b)impose a condition on, or vary or remove a condition of, the person’s booking entity authorisation.

(3)The chief executive may suspend or cancel a person’s booking entity authorisation if—

(a)for a foreign person—the person does not have a local nominee; or

(b)a relevant person has contravened a condition of the authorisation; or

(c)a relevant person has committed an offence against a provision of relevant transport legislation relating to—

(i)providing a booked hire service, a booking service for a booked hire service or a taxi service; or

(ii)using a motor vehicle to provide a booked hire service or a taxi service; or

(d)a relevant person has been—

(i)convicted of a disqualifying offence; or

(ii)charged with a disqualifying offence and the charge has not been dealt with; or

(e)a relevant person has taken steps to avoid detection of, or prosecution for, an offence committed by the relevant person or another person in relation to providing—

(i)a booked hire service; or

(ii)a booking service for a booked hire service; or

(iii)a taxi service; or

(f)a fee payable for the authorisation remains unpaid after the day payment is required to be made; or

(g)the chief executive considers the suspension or cancellation is necessary in the public interest.

(4)Subsection (3)(c) is prescribed as a section to which section 150C of the Act applies.

Note—

Section 150C of the Act applies for working out when a person commits an offence against a provision of an Act.

192Show cause notice before taking particular action

(1)This section applies if the chief executive considers a ground exists under section 191 to amend, suspend or cancel a person’s booking entity authorisation.

(2)Before taking the action mentioned in subsection (1) (the proposed action), the chief executive must give the person a written notice—

(a)stating the proposed action; and

(b)stating the grounds for the proposed action; and

(c)outlining the facts and circumstances forming the basis for the grounds; and

(d)if the proposed action is amendment of the booking entity authorisation—stating the proposed amendment; and

(e)if the proposed action is suspension of the authorisation—stating the proposed suspension period; and

(f)inviting the person to show, within a stated period of at least 28 days, why the proposed action should not be taken.

193Decision in relation to taking particular action after show cause process

If, after considering all written representations received from a person within the period stated under section 192(2)(f), the chief executive is satisfied a ground exists to take the proposed action, the chief executive may, by giving a regulation notice to the person—

(a)if the proposed action was to amend the booking entity authorisation—

(i)amend the authorisation in the way stated in the written notice under section 192(2); or

(ii)amend the authorisation in another way; or

(b)if the proposed action was to suspend the authorisation—

(i)suspend the authorisation for a period of not more than the period stated in the written notice under section 192(2); or

(ii)amend the authorisation; or

(c)if the proposed action was to cancel the authorisation—

(i)cancel the authorisation; or

(ii)suspend the authorisation for a period; or

(iii)amend the authorisation.

194Immediate suspension

(1)The chief executive may immediately suspend a person’s booking entity authorisation, by giving a written notice to the person, if—

(a)for a foreign person—

(i)the person’s local nominee stops being a person mentioned in section 91ZD(2) of the Act; or

(ii)the person does not have a local nominee; or

(b)a relevant person has taken steps to avoid detection of, or prosecution for, an offence committed by the relevant person or another person in relation to providing—

(i)a booked hire service; or

(ii)a booking service for a booked hire service; or

(iii)a taxi service; or

(c)the chief executive considers the suspension is necessary in the public interest.

Example of the public interest—

The chief executive considers the person is behaving in a way that is damaging to the reputation of public passenger transport.

(2)The written notice must state—

(a)that the booking entity authorisation is immediately suspended; and

(b)the reasons for the suspension.

(3)The immediate suspension has effect until the earlier of the following—

(a)the chief executive gives the person a regulation notice under section 193;

(b)the end of 56 days after the written notice under subsection (1) is given to the person.

(4)This section applies despite sections 191, 192 and 193.

195Further action after immediate suspension

(1)This section applies if—

(a)under section 194, the chief executive immediately suspends a person’s booking entity authorisation; and

(b)the chief executive also proposes, under section 191, to amend, suspend or cancel the booking entity authorisation.

(2)The written notice under section 194(1) must also state the information mentioned in section 192(2) in relation to the proposed action.

(3)Section 193 applies to the proposed action as if the written notice given under section 194(1) were a written notice given under section 192(2).

196Other amendments

(1)The chief executive may amend a person’s booking entity authorisation—

(a)for a formal or clerical reason, including, for example, to correct a typographical error; or

(b)in another way that does not adversely affect the person’s interests; or

(c)if the person asks.

(2)The chief executive amends the booking entity authorisation by giving written notice to the person.

197Returning amended, suspended or cancelled authorisation

(1)This section applies if—

(a)a person is given a notice, under section 193, 194 or 196, amending, suspending or cancelling the person’s booking entity authorisation; and

(b)the notice requires the booking entity authorisation to be returned to the chief executive.

(2)The person must, within 14 days after the notice is given, return the booking entity authorisation to the chief executive, unless the person has a reasonable excuse.

Maximum penalty—10 penalty units.

198Notice about charge for disqualifying offence

(1)This section applies if a relevant person for a booking entity authorisation—

(a)is charged with a disqualifying offence; or

(b)becomes aware another relevant person for the booking entity authorisation has been charged with a disqualifying offence.

(2)The relevant person must immediately give the chief executive a written notice stating—

(a)the details of the charge for the disqualifying offence; and

(b)the day when the charge for the disqualifying offence will be heard.

Maximum penalty—10 penalty units.

(3)As soon as practicable after the end of the proceedings for the disqualifying offence, the relevant person must give the chief executive a written notice about the outcome of the proceedings.

Maximum penalty—10 penalty units.

(4)The relevant person does not commit an offence against subsection (2) or (3) if the person reasonably believes another relevant person for the booking entity authorisation has complied with the subsection.

199Notice about increased fleet

(1)This section applies if—

(a)a person has paid a fee based on a fleet category (the previous fleet category) for a booking entity authorisation; and

(b)during the term of the booking entity authorisation, the number of available vehicles for the authorisation changes and is more than the upper limit of vehicles in the previous fleet category.

(2)The person must give the chief executive a written notice about the change within 14 days after the change happens.

Maximum penalty—40 penalty units.

(3)In this section—

fleet category, for a booking entity authorisation, means each of the following groupings of numbers of vehicles—

(a)1 to 5 vehicles;

(b)6 to 20 vehicles;

(c)21 to 50 vehicles.

200Notice to drivers about suspension or cancellation

(1)This section applies if a person’s booking entity authorisation is suspended or cancelled.

(2)The person must immediately give a written notice about the suspension or cancellation to each driver for whom the person provided a booking service in the 90 days before the authorisation was suspended or cancelled.

Maximum penalty—80 penalty units.

(3)The written notice may be given electronically.

201Surrendering authorisation—Act, s 91ZB

(1)The holder of a booking entity authorisation may surrender the authorisation by giving a written notice about the surrender to the chief executive.

(2)The surrender takes effect from the day the written notice is received by the chief executive or a later day stated in the notice.

202Definitions for part

In this part—

approved security camera system, means a vehicle security camera system approved by the chief executive under section 213.

approved security camera system sign means a sign approved under section 214.

authorised purpose, for a security recording, means—

(a)examining a complaint about the vehicle, or an event that happened in or about the vehicle, carried out by—

(i)the operator of a booked hire service or taxi service provided using the vehicle or, if the operator is a corporation, an executive officer of the corporation; or

(ii)an employee of the operator of the service, acting under the direct and immediate supervision of the operator or the executive officer; or

Examples of matters that may be the subject of a complaint—

•fare evasion

•lost property

•disorderly conduct

•offensive behaviour

•theft of property

•physical assaults not causing injury

(b)prosecuting, or issuing an infringement notice for, an offence committed in or about the vehicle; or

(c)another purpose relating to a police officer performing the officer’s duties; or

(d)another purpose relating to a public service officer employed in the department performing the officer’s duties relating to the administration of vehicle security camera systems fitted in vehicles; or

(e)a manufacturer or supplier of the approved security camera system carrying out work to maintain, or address a failure in, the approved security camera system; or

(f)another purpose required or permitted by law.

front or rear camera system means a device or system that—

(a)records images, or images and audible sounds, in front of or behind a vehicle but not of any person inside the vehicle; and

(b)stores, or transmits and stores, the images, or images and audible sounds, recorded by the device or system.

fully operational, for an approved security camera system, means—

(a)the visual indicator on the camera system, designed to show whether the camera system is operating, shows the camera system is operating; and

(b)the view from a lens of the camera system is not altered or obstructed in a way that would adversely affect the use of an image recording for an authorised purpose; and

Examples of ways the view from a lens of a camera system may be altered or obstructed—

•an object covers, or partially covers, the lens

•the lens is marked or scratched

(c)if relevant for the camera system—the reception of audible sound by the camera system is not altered or obstructed in a way that would adversely affect the use of a sound recording for an authorised purpose.

Example of ways reception may be altered or obstructed—

an object covers, or partially covers, a microphone of the camera system

image recording includes—

(a)any electronic information from which a recorded image is capable of being generated or a copy of the information; and

(b)a reproduction of a recorded image or a copy of the reproduction.

properly fitted, for an approved security camera system, means the camera system is fitted and aligned in accordance with the specifications approved under section 212 for the camera system.

relevant place, for an approved security camera system sign in or on a vehicle, means—

(a)on all doors of the vehicle, in a place on each door that is approved by the chief executive and published on the department’s website; and

(b)at least 1 other conspicuous place inside the vehicle that allows passengers of the vehicle to readily see the sign.

relevant security camera area means the geographic area that corresponds with a taxi service area mentioned in schedule 4.

security recording means an image recording or sound recording made by an approved security camera system fitted in a booked hire vehicle, taxi or limousine.

sound recording includes—

(a)any electronic information from which a recorded audible sound is capable of being generated or a copy of the information; and

(b)a reproduction of a recorded audible sound or a copy of the reproduction.

vehicle security camera system means a device or system, other than a front or rear camera system, that—

(a)records images, or images and audible sounds, of persons in or about a vehicle; and

(b)stores, or transmits and stores, images, or images and audible sounds, recorded by the device or system.

203Application of division

This division applies to the following—

(a)a booked hire vehicle;

(b)a limousine;

(c)a taxi.

204Obligation on operator of service

(1)This section applies to a vehicle used to provide—

(a)a booked hire service for a journey that starts in a relevant security camera area if—

(i)the vehicle is authorised to provide a taxi service; or

(ii)the passenger pays, or is required to pay, the fare for the journey by cash, electronic funds transfer, credit card transaction or in another way, in person immediately before, during or after the journey; or

(b)a taxi service for a journey that starts in a relevant security camera area.

(2)The operator of a booked hire service or taxi service that is provided using the vehicle must ensure the vehicle is fitted with an approved security camera system.

Maximum penalty—40 penalty units.

205Vehicle not to be fitted with vehicle security camera system that has not been approved

A person must not fit, or cause to be fitted, a vehicle security camera system in a vehicle unless it is an approved security camera system.

Maximum penalty—40 penalty units.

206Operation of camera systems

A person must not drive a vehicle to provide a booked hire service or taxi service while a vehicle security camera system, other than the following, is operating—

(a)an approved security camera system;

(b)a device operated by a passenger.

Maximum penalty—40 penalty units.

207Application of division

This division applies if a booked hire vehicle, limousine or taxi is fitted with an approved security camera system, whether or not the camera system was fitted because of the requirement under section 204.

208Properly fitted and fully operational approved security camera system

When an operator of a booked hire service or taxi service makes the vehicle available to a person to drive to provide the service, the operator must ensure—

(a)the approved security camera system is—

(i)properly fitted; and

(ii)fully operational; and

(b)an approved security camera system sign is displayed at each relevant place in or on the vehicle.

Maximum penalty—40 penalty units.

209Obligation on person who drives vehicle

A person must not drive the vehicle unless—

(a)the approved security camera system is fully operational; and

(b)an approved security camera system sign is displayed at each relevant place in or on the vehicle.

Maximum penalty—40 penalty units.

210Notice that approved security camera system not properly fitted or fully operational

(1)This section applies if an operator of a booked hire service or taxi service provided using the vehicle—

(a)gives the chief executive written notice that the approved security camera system is not, or will not be, properly fitted or fully operational during a stated period because it is undergoing maintenance or repair; and

(b)ensures a copy of the notice is kept in the vehicle during the notice period.

(2)The operator does not commit an offence against section 204(2) or 208 for providing the service using the vehicle, or making the vehicle available to a person to drive to provide the service, during the notice period—

(a)if the written notice states the approved security camera system is not, or will not be, properly fitted during the notice period—without a properly fitted camera system; or

(b)if the written notice states that the camera system is not, or will not be, fully operational during the notice period—without a fully operational approved security camera system.

(3)Also, if the written notice states that the approved security camera system is not, or will not be, fully operational during the notice period, a person who drives the vehicle does not commit an offence against section 209 by driving the vehicle without a fully operational approved security camera system during the notice period.

(4)In this section—

notice period, for a written notice given under subsection (1)(a), means the period—

(a)starting on the later of the following days—

(i)the day the notice is given to the chief executive;

(ii)the day stated in the notice as the first day of the period; and

(b)ending on the day stated in the notice as the last day of the period that must be not more than 4 days after the day the period starts.

211Person must not tamper with approved security camera system

(1)A person must not tamper with the approved security camera system fitted in the vehicle unless the person has lawful authority or excuse.

Maximum penalty—40 penalty units.

(2)In this section—

tamper includes attempt to tamper.

212Chief executive may approve specifications for vehicle security camera system

(1)The chief executive may, by notice published on the department’s website, approve specifications for a vehicle security camera system.

(2)Without limiting subsection (1), the notice must include the following specifications for the vehicle security camera system—

(a)whether the camera system may be turned off by a person;

(b)when the camera system must operate, including a period (if any) when the vehicle in which it is fitted is not providing a booked hire service or taxi service;

(c)that the camera system must ensure that a security recording made by the camera system is deleted, destroyed or overwritten within the period stated in the notice;

(d)that the camera system must make a written record of when a security recording made by the camera system is downloaded.

213Chief executive may approve vehicle security camera system

(1)The chief executive may, by notice published on the department’s website—

(a)approve a vehicle security camera system that complies with the specifications approved under section 212 for use in vehicles; or

(b)cancel an approval for a vehicle security camera system.

(2)An approval under subsection (1)(a) may be subject to conditions.

(3)Without limiting subsection (2), a condition may relate to the following matters—

(a)the technical and functional specifications of the vehicle security camera system;

(b)the requirements for support services to be provided by the manufacturer or supplier of the vehicle security camera system;

(c)the maintenance of the vehicle security camera system;

(d)security controls for the vehicle security camera system.

(4)The chief executive may, under subsection (1)(b), cancel an approval only if—

(a)the chief executive reasonably believes—

(i)the vehicle security camera system no longer complies with the specifications approved under section 212; or

(ii)the vehicle security camera system no longer complies with the approval; or

(iii)the manufacturer or supplier of the vehicle security camera system has breached a condition of the approval; or

(iv)the manufacturer or supplier no longer intends to fully support the vehicle security camera system; or

(b)the chief executive receives a request from the manufacturer or supplier to cancel the approval.

(5)A cancellation of an approval for a vehicle security camera system takes effect 6 months after notice of the cancellation is published under subsection (1)(b).

214Approval of signs

(1)The chief executive may approve a sign for display in or on a vehicle fitted with an approved security camera system that states a security camera is fitted and operating in the vehicle.

(2)An approval under subsection (1) must be notified by publication on the department’s website.

215Use of security recordings from approved security camera system

(1)A person must not sell a security recording.

Maximum penalty—80 penalty units.

(2)A person must not download, otherwise disclose or use a security recording made in a vehicle when the vehicle was not being used to provide a booked hire service or taxi service unless the person has lawful authority.

Maximum penalty—80 penalty units.

(3)A person must only download, otherwise disclose or use a security recording made in a vehicle when the vehicle was being used to provide a booked hire service or taxi service for an authorised purpose.

Maximum penalty—80 penalty units.

(4)For subsections (2) and (3), a vehicle is used to provide a booked hire service or taxi service when the vehicle—

(a)is about to be used for the service; or

(b)is being used for the service; or

(c)has just been used for the service.

216Requirement to keep record of download of security recording

(1)A person who downloads a security recording must keep a written record of the following—

(a)the VIN of the vehicle in which the security recording was made;

(b)the date, time and location of the download;

(c)the person’s name;

(d)the reason for the download;

(e)the name and contact details of—

(i)the person asking for the downloaded security recording; and

(ii)the person (if any) to whom the downloaded security recording is to be given;

(f)the date and time the security recording was made;

(g)the filename of the security recording.

Maximum penalty—80 penalty units.

(2)A person who makes a written record under subsection (1) must give a copy of the record to the chief executive within 1 business day after downloading the security recording.

Maximum penalty—80 penalty units.

(3)In this section—

VIN, of a vehicle, see the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021, schedule 8.

s 216 amd 2021 SL No. 113 s 291

217Security measures for protecting against unauthorised use of security recording

(1)A relevant person must take all reasonable security measures to ensure a security recording is protected against being—

(a)lost; or

(b)downloaded, otherwise disclosed or used other than under section 215(2) or (3).

Maximum penalty—80 penalty units.

(2)A relevant person does not commit an offence against this section if, because an approved security camera system operates in the way required under a specification mentioned in section 212(2)(c), the security recording is deleted, destroyed or overwritten.

(3)In this section—

relevant person, for a security recording for a vehicle, means—

(a)the operator of a booked hire service or taxi service provided using the vehicle; or

(b)a person who arranges a booking for a booked hire service using the vehicle; or

(c)if an operator or person mentioned in paragraph (a) or (b) is a corporation—an executive officer of the corporation; or

(d)when the vehicle is being used to provide a booked hire service or taxi service—the person driving the vehicle; or

(e)a person who downloads, discloses or otherwise uses the security recording under section 215; or

(f)a person who is in possession or has control of the security recording.

218Disposal of copied security recordings

(1)This section applies if a person has made or received a copy of all or part of a security recording.

(2)The person must delete or otherwise destroy the copy of the security recording on a day that is at least 60 days, but not more than 90 days, after the security recording is made or received, unless the copy is required for an enforcement purpose.

Maximum penalty—80 penalty units.

(3)In this section—

enforcement purpose means prosecuting, or issuing an infringement notice for, an offence.

pt 9A hdg ins 2020 SL No. 26 s 6

pt 9A div 1 hdg ins 2020 SL No. 26 s 6

218A Matters relating to charging and payment of fares—Act, ss 143AB and 155

(1)This part provides, for section 143AB of the Act, for matters relating to the payment of a fare in relation to the use or hire of a public passenger vehicle.

(2)This part also provides, for section 155 of the Act, for matters relating to fares charged for the use of particular public passenger services.

s 218A ins 2020 SL No. 26 s 6

218B Definitions for part

In this part—

approved vehicle means a public passenger vehicle for which the chief executive has approved the use of a token to pay a fare in relation to the use or hire of the vehicle.

tap off, a token, means cause the token to be electronically read or scanned by a token reader on finishing a journey to—

(a)enable the payment of the fare for the journey to be processed; or

(b)record the end of the journey.

tap on, a token, means cause the token to be electronically read or scanned by a token reader on starting a journey to—

(a)enable the payment of the fare for the journey to be processed; or

(b)record the start of the journey.

terms or conditions, for travel on, or use of a ticket or token on, a public passenger vehicle, means the terms or conditions for travel on, or use of the ticket or token on, the vehicle set by the chief executive or the operator of the public passenger service provided using the vehicle.

token means an app, card, ticket or other thing that can be electronically read or scanned by a token reader on starting or finishing a journey to—

(a)enable the payment of the fare for the journey to be processed; or

(b)record the start or end of the journey.

token reader means an instrument that can be used to electronically read or scan a token on starting or finishing a journey to obtain information from the token to—

(a)enable the payment of the fare for the journey to be processed; or

(b)record the start or end of the journey.

s 218B ins 2020 SL No. 26 s 6

pt 9A div 2 hdg ins 2020 SL No. 26 s 6

218C Fare evasion

(1)A person must not evade payment of the fare for the person’s use or hire of a public passenger vehicle.

Maximum penalty—40 penalty units.

(2)This section is prescribed as a fare evasion provision for the following provisions of the Act—

(a)section 143AG(1)(c);

(b)section 143AHA(4), definition relevant provision, paragraph (c);

(c)section 154(3).

s 218C ins 2020 SL No. 26 s 6

218D When a person using a token evades payment of a fare in relation to an approved vehicle

(1)This section sets out, for section 218C(1), the circumstances in which a person using a token evades payment of a fare in relation to the use or hire of an approved vehicle.

(2)If a person travels or attempts to travel on an approved vehicle using a token for the journey, the person evades payment of a fare in relation to the vehicle if the person does not, without a reasonable excuse, tap on the token for the journey—

(a)for a journey that starts at a station with fare gates—on or before entering an area of the station that is inside the fare gates; or

(b)otherwise—on or before starting the journey.

(3)However, subsection (2)(a) does not apply in relation to a person who is in an area of a station that is inside the fare gates because the person has exited from an approved vehicle into the area.

(4)Subsection (5) applies if—

(a)a person has travelled on an approved vehicle; and

(b)the person tapped on a token for the journey.

(5)The person evades payment of a fare in relation to the approved vehicle if the person does not, without a reasonable excuse, tap off the token for the journey—

(a)for an approved vehicle that has a token reader—on exiting the vehicle; or

(b)otherwise—on or before entering an area that is outside the fare gates, or beyond the last token reader, at the station at which the person exited the vehicle.

(6)If a person is travelling on an approved vehicle using a token for the journey, the person evades payment of a fare in relation to the vehicle if the person, without a reasonable excuse—

(a)taps off the token for the journey before finishing the journey on the vehicle; or

(b)otherwise causes the payment of the fare for the journey to be processed, or the end of the journey to be recorded, before finishing the journey on the vehicle.

s 218D ins 2020 SL No. 26 s 6

218E When a person otherwise evades payment of a fare

(1)This section sets out, for section 218C(1), other circumstances in which a person evades payment of a fare in relation to the use or hire of a public passenger vehicle.

(2)A person evades payment of a fare in relation to a public passenger vehicle if the person, without a reasonable excuse—

(a)travels or attempts to travel on the vehicle on a concession fare without being entitled to the concession fare; or

(b)travels or attempts to travel on the vehicle using a ticket or token that—

(i)has been altered or defaced in a material way; or

(ii)has been cancelled; or

(iii)is counterfeit; or

(iv)has expired; or

(c)remains on the vehicle after the distance, place or time covered by the fare paid for the journey has been reached; or

(d)travels or attempts to travel on the vehicle in a higher class than the class shown on the person’s ticket or token; or

(e)travels or attempts to travel on the vehicle using a ticket or token for the journey that—

(i)belongs to, was issued to, or is for use for a journey by, another person; and

(ii)is not transferable under the terms or conditions for use of the ticket or token on the vehicle.

(3)However, subsection (2)(d) does not apply to a person in relation to a public passenger vehicle if the operator of the public passenger service provided using the vehicle permits the person to travel in the higher class.

(4)If a person otherwise travels or attempts to travel on a public passenger vehicle, the person evades payment of a fare in relation to the vehicle if the person does not, without a reasonable excuse, pay the fare for the journey.

s 218E ins 2020 SL No. 26 s 6

218F Circumstances in which person using particular facility to record start or end of journey does not commit fare evasion

(1)This section applies if—

(a)a person using a token for a journey on an approved vehicle has not been charged with, or served an infringement notice for, an offence against section 218C(1) for the journey; and

(b)after the person has travelled, the person causes the start or end of the journey to be recorded using a facility provided by the chief executive, other than a token reader.

(2)The person does not commit an offence against section 218C(1) in the circumstances mentioned in section 218D(2) or (5) in relation to the journey.

s 218F ins 2020 SL No. 26 s 6

218G Circumstances in which person given particular direction does not commit fare evasion

(1)This section applies if—

(a)an authorised person gives a person a direction under section 143AHC or 143AHD of the Act; and

(b)the direction is about the person tapping on or tapping off a token for a journey on an approved vehicle.

(2)If the person complies with the direction, the person does not commit an offence against section 218C(1) in relation to the journey on the approved vehicle.

s 218G ins 2020 SL No. 26 s 6

218H Entitlement to refund in particular circumstances

(1)This section applies if—

(a)a person is—

(i)convicted of an offence against section 218C(1) for a journey; or

(ii)served with an infringement notice for an offence against section 218C(1) for a journey that has been dealt with under the State Penalties Enforcement Act 1999; and

(b)the offence is in relation to evading the payment of the fare for the journey in the circumstances mentioned in section 218D(5); and

(c)a passenger account, or the token used for the journey, has been charged a default fare for the journey that is more than the fare that would have been charged if the person had complied with section 218D(5).

(2)The person is entitled to a refund of the difference between the fares.

(3)In this section—

dealt with, for an infringement notice for an offence against section 218C(1) served on a person, means one of the following has happened under the State Penalties Enforcement Act 1999—

(a)the person has paid the fine for the infringement notice in full;

(b)the person has elected to have the matter of the offence dealt with by a Magistrates Court and the matter has been finally decided against the person;

(c)the person has applied for approval to pay the fine for the infringement notice by instalments and the application has been approved;

(d)an order has been made against the person for the offence under section 38 of that Act.

default fare means an amount the chief executive may charge under section 218M(1).

passenger account see section 143C(5) of the Act.

s 218H ins 2020 SL No. 26 s 6

pt 9A div 3 hdg ins 2020 SL No. 26 s 6

218I Power to require production of tickets or tokens

(1)This section applies in relation to a public passenger vehicle if a person travelling on the vehicle is required, under the terms or conditions for travel on the vehicle, to either—

(a)have a ticket for the journey; or

(b)tap on a token for the journey.

(2)The driver or an authorised person may require a person who is travelling, or attempting to travel, on the public passenger vehicle to produce to the driver or authorised person the person’s ticket or token for the journey.

(3)If the driver or an authorised person reasonably suspects that a person has just travelled on the public passenger vehicle, the driver or authorised person may require the person to produce to the driver or authorised person the person’s ticket or token for the journey.

(4)A person must comply with a requirement under subsection (2) or (3), unless the person has a reasonable excuse.

Maximum penalty—40 penalty units.

(5)A person complies with a requirement under subsection (2) or (3) to produce the person’s ticket or token for the journey, if, and only if, the person does everything reasonably necessary to enable the driver or authorised person—

(a)to view the ticket or token; and

(b)for a token—to use a revenue protection device to electronically read or scan the token to determine whether the person is contravening, or has just contravened, section 218C(1).

Examples of a thing that may be reasonably necessary—

•produce a ticket or token for the journey

•operate an electronic device on which a token is stored in order to display the token

•refresh an electronic device displaying or storing a token

•hold an electronic device displaying a token away from glare

•display a ticket or token in a way that ensures it is legible

(6)If a person produces a token under subsection (2) or (3) to the driver or an authorised person, the driver or authorised person may use a revenue protection device to electronically read or scan the token to determine whether the person is contravening, or has just contravened, section 218C(1).

(7)In this section—

revenue protection device means an instrument that can be used to electronically read or scan a token to obtain information from the token to determine whether a person is contravening, or has just contravened, section 218C(1).

s 218I ins 2020 SL No. 26 s 6

218J Power to seize particular tickets or tokens

(1)This section applies if—

(a)in accordance with a requirement made under section 218I(2) or (3) in relation to a public passenger vehicle, a person produces to the driver or an authorised person a physical ticket or a physical token; and

(b)the ticket or token is, or purports to be, issued by the chief executive, or the operator of the public passenger service provided using the vehicle, for the primary purpose of—

(i)enabling the payment of a fare for a journey to be processed; or

(ii)recording the start or end of a journey; or

(iii)providing evidence of the payment of a fare for a journey.

(2)The driver or authorised person may require the person to give the ticket or token to the driver or authorised person if—

(a)the driver or authorised person reasonably suspects the ticket or token—

(i)has been altered or defaced in a material way; or

(ii)has been cancelled; or

(iii)is counterfeit; or

(iv)has expired; or

(b)both of the following apply—

(i)the driver or authorised person reasonably suspects the ticket or token belongs to, was issued to, or is for use for a journey by, another person;

(ii)the ticket or token is not transferable under the terms or conditions for use of the ticket or token on the public passenger vehicle.

(3)The person must comply with a requirement under subsection (2), unless the person has a reasonable excuse.

Maximum penalty—40 penalty units.

s 218J ins 2020 SL No. 26 s 6

218K Power to require evidence of concession entitlement

(1)The driver or an authorised person may require a person who is travelling, or attempting to travel, on a public passenger vehicle on a concession fare to produce to the driver or authorised person evidence of the person’s entitlement to the concession fare.

(2)If the driver or an authorised person reasonably suspects that a person has just travelled on a public passenger vehicle on a concession fare, the driver or authorised person may require the person to produce to the driver or authorised person evidence of the person’s entitlement to the concession fare.

(3)A person must comply with a requirement under subsection (1) or (2) unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

s 218K ins 2020 SL No. 26 s 6

218L Power to require evidence to verify identity in particular circumstances

(1)This section applies if—

(a)in accordance with a requirement made under section 218K(1) or (2) in relation to a public passenger vehicle, a person produces to the driver or an authorised person a document as evidence of the person’s entitlement to a concession fare; and

(b)the document does not contain a photograph of the person; and

(c)the person is 15 years or more.

(2)The driver or authorised person may require the person to produce to the driver or authorised person evidence to verify that the person stated in the document is the person.

(3)The person must comply with a requirement under subsection (2) unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

s 218L ins 2020 SL No. 26 s 6

pt 9A div 4 hdg ins 2020 SL No. 26 s 6

218M Chief executive may charge amount as default fare in particular circumstances

(1)The chief executive may charge an amount, of not more than the maximum fare, as a default fare in relation to the use or hire of a relevant public passenger vehicle that applies if a person using a token for the journey does not tap on or tap off the token for the journey.

(2)The chief executive must publish the amount on the department’s website.

(3)Without limiting subsection (1), the chief executive may charge a different amount for different relevant public passenger vehicles or classes of persons.

(4)In this section—

maximum fare means the highest fare published on the department’s website for the use or hire of a relevant public passenger vehicle.

relevant public passenger vehicle means a relevant public passenger vehicle under section 153B(3) of the Act.

s 218M ins 2020 SL No. 26 s 6

amd 2020 SL No. 194 s 5

219Equipment requirements for particular public passenger vehicles

An operator of a public passenger service that uses a public passenger vehicle mentioned in schedule 5, column 1 to provide the service must ensure the vehicle complies with the requirements listed opposite the vehicle in column 2.

Maximum penalty—20 penalty units.

220Advertising on public passenger vehicles

An operator of a public passenger service must ensure a vehicle used to provide the service is not driven on a road if an advertisement or other marking displayed on the vehicle—

(a)is or may be a danger to a person; or

(b)conceals or obliterates a sign, writing or number required under an Act to be placed on the vehicle or makes the sign, writing or number difficult to read.

Maximum penalty—20 penalty units.

221Accreditation certificates and accreditation numbers

(1)An operator of a public passenger service for which operator accreditation is required must—

(a)for each limousine or NSW taxi used to provide the service—keep a copy of the operator’s accreditation certificate in the vehicle while the vehicle is being used to provide the service; and

(b)for a motorbike used to provide the service—display the accreditation number for the operator accreditation on the vehicle so that the accreditation number is—

(i)preceded by the letter ‘Q’; and

(ii)securely fixed to the vehicle; and

(iii)clearly legible from a distance of 4.5m away from the vehicle; and

(c)for any other vehicle used to provide the service—display the accreditation number for the operator accreditation on the vehicle so that the accreditation number is—

(i)preceded by the letter ‘Q’; and

(ii)securely fixed to the bottom left-hand side of the rear of the vehicle or the bottom left-hand side of the vehicle’s rear window; and

(iii)clearly legible from a distance of 4.5m away from the vehicle.

Maximum penalty—20 penalty units.

(2)A person driving a vehicle in which a copy of the operator’s accreditation certificate is kept under subsection (1)(a) must, if asked by an authorised person, make the certificate available for inspection by the authorised person.

Maximum penalty—20 penalty units.

(3)An operator of a public passenger service for which operator accreditation is required must remove, from a vehicle being used to provide the service, the accreditation number for the operator accreditation if—

(a)the accreditation is cancelled; or

(b)the operator stops using the vehicle to provide the service.

Maximum penalty—20 penalty units.

(4)A person must not provide a public passenger service using a public passenger vehicle displaying an accreditation number for an operator accreditation if the person does not hold the operator accreditation.

Maximum penalty—20 penalty units.

(5)A person who fails to comply with subsection (1), (2) or (4) does not commit an offence against the subsection if the person has a reasonable excuse for the failure to comply.

(6)For subsections (1) and (4), it is a reasonable excuse for the person to fail to comply with the subsection if—

(a)the vehicle used to provide the public passenger service is leased from, or usually used by, another holder of operator accreditation; and

(b)the vehicle is to provide the public passenger service because of an exceptional circumstance; and

Example for paragraph (b)—

A replacement bus is used because of a vehicle breakdown.

(c)the vehicle is not used to provide the public passenger service for a period of more than 5 days, whether or not consecutively, within any period of 3 months.

(7)In this section—

accreditation certificate, for an operator, means a certificate evidencing the operator’s operator accreditation.

accreditation number, for an operator accreditation, means the unique identification number issued by the chief executive for the operator accreditation.

222Presenting vehicles for inspection

(1)The chief executive may, by written notice, require the operator of a public passenger service to take a vehicle used to provide the service to a stated place within a stated period for inspection and testing.

(2)The operator must comply with the requirement.

Maximum penalty for subsection (2)—20 penalty units.

223Providing safe vehicles

An operator of a public passenger service must ensure a vehicle used to provide the service is in a safe condition when used to provide the service.

Maximum penalty—20 penalty units.

224Motor vehicles used to provide booked hire services and taxi services

(1)This section applies to a motor vehicle used to provide a booked hire service or taxi service.

(2)The operator of the booked hire service or taxi service must ensure—

(a)the motor vehicle is serviced and maintained to a standard that complies with, or exceeds, the servicing and maintenance program specified by the vehicle’s manufacturer; and

(b)a copy of the servicing and maintenance program is kept by the operator; and

(c)a written record is made by the operator about each service and maintenance of the vehicle; and

(d)the record mentioned in paragraph (c) is kept by the operator for at least 2 years after the record is made.

Maximum penalty—20 penalty units.

(3)The operator must, if asked by an authorised person, make available for inspection by the authorised person a document mentioned in subsection (2)(b) or (d).

Maximum penalty—20 penalty units.

225Requirement for authority to enter place

An operator of a public passenger service must not allow the service to be provided to the following places unless the operator has the authority of the person who owns, controls or operates the place—

(a)a place on private property;

(b)an airport;

(c)a protected area under the Nature Conservation Act 1992;

(d)a State forest under the Forestry Act 1959;

(e)a place controlled, administered or owned by Aboriginal people or Torres Strait Islanders.

Maximum penalty—20 penalty units.

226Record to be kept about each use of vehicle used to provide public passenger service

(1)This section applies to an operator of a public passenger service for which operator accreditation is required.

(2)The operator must keep a written record stating the following particulars for each use of a public passenger vehicle used to provide the service—

(a)the vehicle used;

(b)the registration number of the vehicle;

(c)the date and time of the use of the vehicle;

(d)the name of each driver who used the vehicle;

(e)if the driver holds a driver authorisation other than a restricted driver authorisation—the driver’s driver authorisation number.

Maximum penalty—20 penalty units.

227Record to be kept about restricted driver authorisation

A prescribed operator who grants a restricted driver authorisation to a person must keep a written record of the following particulars—

(a)the name of the person;

(b)the date of the grant;

(c)the date of expiry of the authorisation;

(d)any amendment of the authorisation and the date of the amendment;

(e)any automatic cancellation of the authorisation under section 38(c) and the reasons for the automatic cancellation;

(f)the number of the person’s driver licence;

(g)if the person’s driver licence is not a Queensland driver licence—the State or foreign country where the licence was issued.

Maximum penalty—20 penalty units.

228Prescribed operator must notify chief executive if restricted driver authorisation granted, amended or cancelled

(1)A prescribed operator must, within 3 business days after granting, amending or cancelling a restricted driver authorisation, give the chief executive notice about the grant, amendment or cancellation.

Maximum penalty—10 penalty units.

(2)The notice must be in the approved form.

229Air conditioning in buses—obligations of operator

(1)If the operator of a public passenger service uses a bus fitted with an air conditioner to provide a general route service or school service, the operator must—

(a)ensure the air conditioner is fully operational and in good repair; and

(b)if the maximum daily air temperature forecast by the Bureau of Meteorology for the area where the general route service or school service operates is at least 28ºC—instruct the driver to turn on the air conditioner.

Maximum penalty—20 penalty units.

(2)The operator does not commit an offence against subsection (1)(a) in relation to the use of a bus fitted with an air conditioner that is not fully operational because it requires maintenance or repair if, after first becoming aware that the air conditioner is not fully operational—

(a)the operator takes reasonable steps to have the air conditioner maintained or repaired as quickly as possible; and

(b)the operator makes a written record of—

(i)the date the air conditioner stopped being fully operational or in good repair; and

(ii)the steps taken to have the air conditioner maintained or repaired as quickly as possible; and

(c)the operator displays a sign in a conspicuous position near the entry to the bus that informs the passengers that the air conditioner is not fully operational because it requires maintenance or repair.

230Particular public passenger service not to be provided using particular vehicle

An operator of a public passenger service for which operator accreditation is required must not provide the service using a nominated vehicle fitted with a prescribed interlock.

Maximum penalty—40 penalty units.

231Application of part

This part does not apply to a public passenger vehicle that is rolling stock.

232Smoking, and consumption of food or beverages

(1)A person must not smoke in a public passenger vehicle.

Maximum penalty—20 penalty units.

(2)A person must not consume food or beverages in a public passenger vehicle without the permission of—

(a)the driver of the vehicle; or

(b)the operator of the public passenger service for which the vehicle is provided.

Maximum penalty—20 penalty units.

233Use of seats

(1)A person must not, without the permission of the driver of the public passenger vehicle or the operator of the public passenger service for which the vehicle is provided—

(a)put the person’s feet, whether or not covered by footwear, on a seat of the vehicle; or

(b)occupy more than 1 seat of the vehicle.

Maximum penalty—20 penalty units.

(2)In this section—

public passenger vehicle does not include a booked hire vehicle, limousine or taxi.

234Carrying animals

(1)A person must not take an animal on a public passenger vehicle unless—

(a)the person has control of the animal; and

(b)either—

(i)the person has the permission of the driver of the vehicle or the operator of the public passenger service for which the vehicle is provided; or

(ii)the animal is an assistance animal.

Maximum penalty—20 penalty units.

(2)The driver of a public passenger vehicle must allow a person to take an assistance animal on the vehicle if the person has control of the animal.

Maximum penalty—20 penalty units.

235Identification of drivers

(1)A person must not drive a public passenger vehicle to provide a public passenger service for which driver authorisation is required unless the person carries the document evidencing the person’s driver authorisation.

Maximum penalty—20 penalty units.

(2)If the chief executive has imposed a condition on the person’s driver authorisation, the person must also carry the document evidencing the imposed condition.

Maximum penalty—20 penalty units.

236Help to passengers

If a passenger of, or intending passenger for, a public passenger vehicle asks for help to board or leave the vehicle, or asks for help with luggage, the driver of the vehicle must give the help to the extent reasonable in the circumstances.

Maximum penalty—10 penalty units.

237Riding as passenger on motorbike

The driver of a motorbike used to provide a public passenger service must not allow a person to ride as a passenger unless the driver is satisfied the safety of the driver, the person and other passengers on the motorbike is not unreasonably put at risk by allowing the person to ride as a passenger.

Maximum penalty—20 penalty units.

238Air conditioning in buses—obligations of driver

(1)This section applies if the operator of a public passenger service—

(a)uses a bus fitted with an air conditioner to provide a general route service or school service; and

(b)instructs the driver of the bus to turn on the air conditioner while the bus is being used to provide the general route service or school service.

(2)The driver must comply with the request unless the driver has a reasonable excuse.

Maximum penalty—20 penalty units.

Example of a reasonable excuse—

The air conditioner requires maintenance or repair.

239Particular vehicle not to be driven to provide public passenger service

A person must not drive a nominated vehicle fitted with a prescribed interlock to provide a public passenger service for which driver authorisation is required.

Maximum penalty—40 penalty units.

240Definition for part

In this part—

regulated area means a busway, busway transport infrastructure or light rail platform.

241Driving and parking vehicles

(1)A person must not drive a vehicle on a busway or busway transport infrastructure at more than—

(a)the speed indicated on a sign displayed by the chief executive on the busway or busway transport infrastructure; or

(b)if no sign is displayed, 10km/h.

Maximum penalty—20 penalty units.

(2)A person must not drive a vehicle, other than a pram or wheelchair, on an area of—

(a)a busway or busway transport infrastructure designed for pedestrian use; or

(b)a light rail platform.

Maximum penalty—20 penalty units.

(3)Subsections (1) and (2) do not apply to a person driving in the course of the person’s duty as an employee or member of an emergency service in an emergency situation.

(4)A person must not park a vehicle on a busway or busway transport infrastructure other than in a place where the chief executive has authorised parking.

Maximum penalty—20 penalty units.

(5)A person driving a vehicle on a busway or busway transport infrastructure must obey a direction indicated on a sign displayed by the chief executive on the busway or busway transport infrastructure about driving or parking the vehicle, unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

(6)In this section—

emergency service means—

(a)the Queensland Ambulance Service; or

(b)the Queensland Fire and Emergency Service; or

(c)the Queensland Police Service; or

(d)the State Emergency Service.

242Entering or leaving regulated area

(1)This section applies to a regulated area with a designated entry or designated exit.

(2)A person must not—

(a)enter the regulated area other than through the designated entry; or

(b)leave the regulated area other than through the designated exit.

Maximum penalty—20 penalty units.

243Person must not enter busway route

(1)A person must not enter a busway route unless—

(a)the person is on a bus being driven on the route; or

(b)the person is authorised by the chief executive to enter the route.

Maximum penalty—20 penalty units.

(2)In this section—

busway route see the Transport Infrastructure Act 1994, schedule 6, definition busway, paragraph (a).

244Application of division

This division applies to a person on a regulated area, other than a person on a public passenger vehicle being driven on the regulated area.

245Animals on regulated area

(1)A person must not take an animal on, or allow an animal to stray onto, a regulated area.

Maximum penalty—20 penalty units.

(2)Subsection (1) does not apply to a person if the animal is an assistance animal and the person has control of the animal.

246Alcohol

A person must not drink alcohol on a regulated area.

Maximum penalty—20 penalty units.

247Smoking

(1)This section applies to a part of a regulated area (a non-smoking area) if a sign is displayed by the chief executive in or near the regulated area indicating that smoking is not allowed in the non-smoking area.

(2)A person must not smoke in the non-smoking area.

Maximum penalty—20 penalty units.

248Selling, seeking business or conducting survey

(1)A person on a regulated area must not publicly and personally—

(a)sell anything; or

(b)seek business; or

(c)conduct a survey.

Maximum penalty—20 penalty units.

(2)Subsection (1) does not apply if the person has the permission of a responsible person for the regulated area.

249Playing musical instrument or operating sound equipment

(1)A person on a regulated area must not—

(a)play a musical instrument; or

(b)operate sound equipment.

Maximum penalty—10 penalty units.

(2)Subsection (1) does not apply if—

(a)earphones are attached to the musical instrument or sound equipment and the sound level from the earphones is not likely to be a nuisance; or

(b)the person has the permission of a responsible person for the regulated area.

(3)In this section—

attached, for earphones in relation to a musical instrument or sound equipment, means the earphones are connected to the instrument or equipment in a way that diverts all sounds emitted by the instrument or equipment through the earphones only.

sound equipment means an amplifier, radio, tape recorder or other device that emits sound.

250Signs displayed by chief executive may be official traffic sign

(1)A sign displayed by the chief executive on a busway or busway transport infrastructure under this part may be in the form of an official traffic sign and, if the sign is an official traffic sign, it is taken to contain the indication given by the official traffic sign.

(2)In this section—

indication see the Transport Operations (Road Use Management) Act 1995, schedule 4.

official traffic sign see the Transport Operations (Road Use Management) Act 1995, schedule 4.

251Spitting

A person must not spit onto, or out of, the following—

(a)a public passenger vehicle;

(b)a busway;

(c)busway transport infrastructure;

(d)a light rail platform.

Maximum penalty—20 penalty units.

252Creating disturbance or nuisance

(1)A person must not create a disturbance or nuisance in or on a public passenger vehicle or public transport infrastructure unless the person has a reasonable excuse.

Maximum penalty—40 penalty units.

(2)This section is prescribed for the Act, section 143AHA(4), definition relevant provision, paragraph (b).

s 252 amd 2020 SL No. 26 s 7

253Litter

(1)This section applies in relation to public transport infrastructure other than a railway or rolling stock.

(2)A person must not leave litter in or on the public transport infrastructure other than in a container provided for depositing litter.

Maximum penalty—10 penalty units.

254Definitions for part

In this part—

moving expenses see section 257.

property includes a vehicle.

responsible officer see section 256(2).

255Moving abandoned, parked or left property

(1)This section applies if property is—

(a)abandoned on a busway, busway transport infrastructure or light rail; or

(b)parked or left on a busway, busway transport infrastructure or light rail, other than in a place—

(i)authorised as a place for parking; or

(ii)authorised as a place for leaving or keeping the property.

(2)The responsible person, or an authorised person, for the busway, busway transport infrastructure or light rail may take steps that are reasonable and necessary to move the property to another place.

256Notifying owner that property moved

(1)This section applies if property is moved under section 255 by a responsible person, or an authorised person, for a busway, busway transport infrastructure or light rail.

(2)The responsible person for the busway, busway transport infrastructure or light rail (the responsible officer) must, within 14 days after moving the property, give the owner of the property a written notice that states—

(a)the property has been moved; and

(b)how the property may be recovered; and

(c)if the responsible officer considers, on reasonable grounds, the property has been abandoned—

(i)the property is considered to be abandoned property; and

(ii)the property may be sold if the property is not recovered within 2 months.

(3)If the owner can not be identified or located within the 14 days, the written notice may be given by publishing the notice in a newspaper circulating generally in the State.

(4)However, the responsible officer need not give the written notice if—

(a)the property has insufficient value to justify giving the notice; or

(b)it is otherwise impracticable to give the notice.

257Moving expenses

The responsible officer may recover the reasonable expenses of moving the property, securely storing the property and publishing any newspaper notice for the property (the moving expenses) from—

(a)the person who was in charge of the property immediately before it was moved; or

(b)if the person mentioned in paragraph (a) can not be identified or located—the owner of the property, unless the property was being used on the busway, busway transport infrastructure or light rail without the owner’s consent.

258Releasing property when expenses paid

The responsible officer must release the property to its owner or in accordance with its owner’s written directions if the moving expenses are paid.

259Disposing of property

(1)The responsible officer may dispose of property the responsible officer considers, on reasonable grounds, to have been abandoned on a busway, busway transport infrastructure or light rail if—

(a)the moving expenses are not paid within 2 months after a written notice is given under section 256; or

(b)if the responsible officer decides not to give a written notice under section 256—at least 2 months have passed since the decision.

(2)The responsible officer may dispose of the property—

(a)by selling the property; or

(b)if the proceeds of sale are not likely to cover the reasonable expenses that would be incurred by the responsible officer in selling the property—in the way the responsible officer considers appropriate.

(3)If the property is sold, the sale proceeds must be used to make payments in the following order—

(a)the expenses (the sale expenses) reasonably incurred by the responsible officer in selling the property;

(b)the moving expenses;

(c)any balance to the owner.

(4)If the sale proceeds are less than the sale expenses and moving expenses, the difference between the proceeds and expenses—

(a)is a debt payable to the responsible officer by the person who is liable for the moving expenses; and

(b)may be recovered as a debt by action against the person.

(5)If the property is not sold, the moving expenses and the expenses reasonably incurred by the responsible officer in disposing of the property—

(a)are a debt payable to the responsible officer by the person who is liable for the moving expenses; and

(b)may be recovered as a debt by action against the person.

(6)The responsible officer may waive part or all of the expenses mentioned in this section.

260Review of decisions not provided for under Act, chapter 10

Sections 102 and 103 of the Act apply to a decision described in schedule 6 as if the decision were described in schedule 2 of the Act.

261Matters prescribed for operator accreditation standards—Act, s 14

The following matters are prescribed for section 14(f) of the Act—

(a)the maximum allowable age of a kind of public passenger vehicle used by an operator of a public passenger service to provide the service;

(b)extensions of a maximum allowable age mentioned in paragraph (a);

(c)timetables for, or reliability of, a public passenger service.

262Matters prescribed for standards about driver authorisation—Act, s 26

For section 26(d) of the Act, reliability of a public passenger service is prescribed.

262A Relevant entity—Act, s 148BB

For section 148BB(3) of the Act, definition relevant entity, paragraph (c), the following entities are prescribed—

(a)an entity contracted by the Commonwealth to provide the program known as Status Resolution Support Services;

(b)Australian Red Cross Society ABN 50 169 561 394, trading as Australian Red Cross Society - Queensland Division.

s 262A ins 2020 SL No. 26 s 8

263Authorised disclosure of information—Act, s 148C

(1)The chief executive may, by publication on the department’s website, disclose information about the price paid, or other consideration given—

(a)for the issue of a taxi service licence under section 91F of the Act; or

(b)for the transfer of—

(i)an original taxi service licence; or

(ii)a limousine licence (other than a special purpose limousine licence).

(2)However, the chief executive must not disclose the name of a person, including, for example, a person who is the transferor or transferee of a licence.

263A Revenue protection device—Act, s 153B

For section 153B(3) of the Act, definition revenue protection device, paragraph (b), the following are prescribed—

(a)a PAX Technology A77;

(b)a Samsung Galaxy J3 (2016);

(c)a Cubic Transportation Systems CDRL 48.

s 263A ins 2020 SL No. 194 s 6

264Disqualifying offences—Act, sch 3, def disqualifying offence

For the Act, schedule 3, definition disqualifying offence, paragraph (e), each of the following is prescribed—

(a)an offence against this regulation for which the maximum penalty is at least 20 penalty units;

(b)an offence against the expired Transport Operations (Passenger Transport) Regulation 2005 for which the maximum penalty was at least 20 penalty units.

265Scheduled passenger services that are not general route services—Act, sch 3, def general route service

(1)For the Act, schedule 3, definition general route service, the following are not general route services—

(a)a scheduled passenger service that is restricted to use for 1 specific purpose;

Examples—

a scheduled passenger service that is restricted to use by—

•spectators travelling to or from a football game

•tourists travelling to or from a common tourist attraction

(b)a scheduled passenger service that—

(i)is provided for 1 specific purpose; and

(ii)is subject to a condition that prevents a person from using the service primarily for another purpose.

Example—

a hop-on hop-off style tour service that is intended to be used by tourists who want to travel to multiple tourist attractions and, because of the higher fare, practically prevents a person from using the service to go to work

(2)However, subsection (1) does not apply to a scheduled passenger service to or from the Brisbane airport unless the service is—

(a)an accommodation transfer service; or

(b)a tourist service; or

(c)a tourist transfer service; or

(d)a service that may only be used by a person who has booked the service—

(i)for a service from a place to the Brisbane airport—before the vehicle used to provide the service arrives at the place; or

(ii)for a service from the Brisbane airport to a place—before the person arrives at the airport to use the service.

(3)In this section—

accommodation house means a place providing lodging or food and lodging to the public.

accommodation transfer service means a public passenger service, other than a booked hire service—

(a)that—

(i)is provided for travellers arriving in or departing from an area; and

(ii)operates between an airport, ferry terminal, intercity bus terminal or railway terminal and an accommodation house in the area; and

(b)that requires journeys on the service to be pre-booked and travel documentation for the journeys to be issued before the travellers arrive in the area.

tourist transfer service means a public passenger service, other than a booked hire service—

(a)that operates between—

(i)an accommodation house; and

(ii)a tourist attraction or tourist service; and

(b)for which journeys are pre-booked before the time of travel.

s 265 amd 2019 SL No. 186 s 4

266Services excluded from passenger services—Act, sch 3, def public passenger service

(1)For the Act, schedule 3, definition public passenger service, the following services involving the carriage of persons are excluded from the Act—

(a)a service provided by the Australian Defence Force, the Queensland Fire and Emergency Service or the Queensland Police Service;

(b)a service provided by an ambulance service;

(c)a service provided with a human-powered or animal-powered vehicle;

(d)a service provided for amusement other than on a road;

(e)a car pooling arrangement;

(f)a service provided as part of a funeral;

(g)a service provided as part of a street parade authorised under a law;

(h)a service provided by the hire of a person to drive a motor vehicle if the service does not include the hire of the vehicle.

(2)A vehicle breakdown service, including, for example, a towing service, to the extent it provides the driver or passengers of a broken-down vehicle with transport, is also a service excluded from the Act.

Example of a towing service—

a service that tows a vehicle, or transports a vehicle on a truck or trailer, from the place where the vehicle broke down

Examples of a broken-down vehicle—

•an inoperable vehicle

•a vehicle damaged to the extent that it can not be driven or driven safely

•a vehicle the driver stops driving as a precaution against mechanical failure or greater mechanical failure

(3)However, subsection (2) applies only if—

(a)the broken-down vehicle is not at the vehicle’s base of operations; and

(b)either—

(i)there is no reasonable alternative transport; or

(ii)the driver of the vehicle providing the transport reasonably believes the health or safety of the driver of the broken-down vehicle, or any of its passengers, is placed in unreasonable danger because of the breakdown.

(4)In this section—

ambulance service means—

(a)the Queensland Ambulance Service established under the Ambulance Service Act 1991; or

(b)the Ambulance Service of NSW established under the Health Services Act 1997 (NSW); or

(c)the SA Ambulance Service Inc established under the Health Care Act 2008 (SA); or

(d)an approved ambulance service within the meaning of the Mental Health and Related Services Act (NT).

car see the Transport Operations (Road Use Management) Act 1995, schedule 4.

truck see the Transport Operations (Road Use Management) Act 1995, schedule 4.

s 266 amd 2020 SL No. 194 s 7

pt 16 div 2 hdg sub 2019 SL No. 245 s 7

pt 16 div 2 sdiv 1 hdg ins 2019 SL No. 245 s 7

267Appointment

For section 111(2)(f) of the Act, each of the following persons is prescribed as a person the chief executive may appoint under that section to be an authorised person for the Gold Coast light rail—

(a)an employee of, or a contractor for, a light rail manager for the Gold Coast light rail;

(b)an employee of, or a contractor for, a light rail operator for the Gold Coast light rail;

(c)an employee of a contractor mentioned in paragraph (a) or (b).

268Powers

(1)For section 114(2) of the Act, the powers of an authorised person for the Gold Coast light rail are limited to the powers given under—

(a)the following provisions of the Act—

(i)section 127;

(ii)section 143AG;

(iii)section 143AH;

(iv)section 143AHA(1);

(v)section 143AHB(1);

(vi)section 143AHC;

(vii)section 143AHD; and

(b)the following provisions of this regulation—

(i)section 218I;

(ii)section 218J;

(iii)section 218K;

(iv)section 218L;

(v)section 255.

(2)However, the powers given under section 127 of the Act are limited to being exercised for serving an infringement notice for an offence against—

(a)the following provisions of the Act—

(i)section 143AE(1);

(ii)section 143AK; or

(b)the following provisions of this regulation—

(i)section 218C(1);

(ii)section 218I(4);

(iii)section 218J(3);

(iv)section 218K(3);

(v)section 218L(3);

(vi)section 232;

(vii)section 233(1);

(viii)section 234(1);

(ix)section 241(2);

(x)section 242(2);

(xi)sections 245 to 249;

(xii)section 251;

(xiii)section 252(1);

(xiv)section 253(2).

(3)Also, the power given under section 143AHA(1) of the Act is limited to being exercised for giving a direction under the section for an offence against the following relevant provisions for that section—

(a)section 143AE(1) of the Act;

(b)section 218C(1) of this regulation;

Note—

Section 218C(2) prescribes section 218C as a fare evasion provision for section 143AHA(4) of the Act, definition relevant provision, paragraph (c).

(c)section 252(1) of this regulation;

Note—

Section 252(2) prescribes section 252 as a relevant provision under the Act, section 143AHA(4), definition relevant provision, paragraph (b).

(d)section 377 of the Transport Infrastructure Act 1994.

(4)In addition, the powers are limited to being exercised only for the Gold Coast light rail.

s 268 amd 2019 SL No. 245 s 8; 2020 SL No. 26 s 9

pt 16 div 2 sdiv 2 hdg ins 2019 SL No. 245 s 9

268A Appointment

For section 111(2)(f) of the Act, each of the following persons is prescribed as a person the chief executive may appoint under that section to be an authorised person for a service contract—

(a)an employee of, or a contractor for, an operator who is required to provide a public passenger service for an area or route under a service contract;

(b)an employee of a contractor mentioned in paragraph (a).

s 268A ins 2019 SL No. 245 s 9

268B Powers

(1)For section 114(2) of the Act, the powers of an authorised person for a service contract are limited to the powers given under—

(a)the following provisions of the Act—

(i)section 127;

(ii)section 143AG;

(iii)section 143AH;

(iv)section 143AHA(1);

(v)section 143AHB(1);

(vi)section 143AHC;

(vii)section 143AHD; and

(b)the following provisions of this regulation—

(i)section 218I;

(ii)section 218J;

(iii)section 218K;

(iv)section 218L.

(2)However, the powers given under section 127 of the Act are limited to being exercised for serving an infringement notice for an offence against—

(a)the following provisions of the Act—

(i)section 143AE(1);

(ii)section 143AK; or

(b)the following provisions of this regulation—

(i)section 218C(1);

(ii)section 218I(4);

(iii)section 218J(3);

(iv)section 218K(3);

(v)section 218L(3);

(vi)section 232;

(vii)section 233(1);

(viii)section 234(1);

(ix)section 251;

(x)section 252(1);

(xi)section 253(2).

(3)Also, the power given under section 143AHA(1) of the Act is limited to being exercised for giving a direction under the section for an offence against the following relevant provisions for that section—

(a)section 143AE(1) of the Act;

(b)section 218C(1) of this regulation;

Note—

Section 218C(2) prescribes section 218C as a fare evasion provision for section 143AHA(4) of the Act, definition relevant provision, paragraph (c).

(c)section 252(1) of this regulation.

Note—

Section 252(2) prescribes section 252 as a relevant provision for section 143AHA(4) of the Act, definition relevant provision, paragraph (b).

(4)In addition, the powers are limited to being exercised only in relation to—

(a)the public passenger service provided under the service contract mentioned in section 268A(a); or

(b)public transport infrastructure used to provide the public passenger service mentioned in paragraph (a).

s 268B ins 2019 SL No. 245 s 9

amd 2020 SL No. 26 s 10

269Vehicle requirement for providing particular public passenger services

(1)This section applies to a public passenger service other than the following services—

(a)a booked hire service;

(b)a community transport service;

(c)a courtesy transport service;

(d)a taxi service.

(2)A person must not provide the public passenger service using a motor vehicle unless the vehicle is—

(a)a passenger vehicle; or

(b)for a tourist service—

(i)a passenger vehicle; or

(ii)a motorbike.

Maximum penalty—20 penalty units.

270Requirement for road-based public passenger vehicle—right-hand drive

(1)A person must not provide a public passenger service on a road using a public passenger vehicle that does not have a right-hand drive.

Maximum penalty—20 penalty units.

(2)For subsection (1), a public passenger vehicle has a right-hand drive if the centre of the steering control of the vehicle is either—

(a)to the right of the centre of the vehicle when viewed by a person in the vehicle who is facing to the front of the vehicle; or

(b)in line with the centre of the vehicle.

(3)This section does not apply in relation to an automated public passenger vehicle.

(4)In this section—

automated public passenger vehicle means a public passenger vehicle that is capable, without human input, of controlling its steering, acceleration and braking to safely navigate itself for the typical duration of a public passenger service for which it is used.

271Transport arrangements for students

(1)If a student’s parent has been convicted of an offence against section 149(3) of the Act, in relation to transport arrangements for students made under section 144 of the Act, the chief executive may exclude the student from free travel under the arrangements.

(2)Before taking the action mentioned in subsection (1) (the proposed action), the chief executive must give the parent a written notice—

(a)stating the proposed action; and

(b)stating the grounds for the proposed action; and

(c)outlining the facts and circumstances forming the basis for the grounds; and

(d)inviting the parent to show, within a stated period of at least 28 days, why the proposed action should not be taken.

(3)Subsection (4) applies if, after considering all written representations received from the parent under subsection (2)(d), the chief executive is satisfied the parent has been convicted of an offence against section 149(3) of the Act, in relation to transport arrangements for students made under section 144 of the Act.

(4)The chief executive may, by giving a regulation notice to the parent, exclude the student from free travel under the arrangements.

272Code of conduct for school students

The chief executive may, by gazette notice, approve a code of conduct applying in relation to school students travelling on public passenger vehicles.

s 272 amd 2019 SL No. 218 s 20