Transport Legislation Amendment (Further Taxi Reform and Other

Matters) Bill 2014

First Amended Print

EXPLANATORY MEMORANDUM

General

The main purpose of the Transport Legislation Amendment (Further Taxi Reform and Other Matters) Bill 2014 is to reduce red tape and facilitate implementation of further reform to taxi and hire car services by—

enabling taxi operators in Regional and Country Zones to set their own fares; and

reducing red tape on taxi licence holders by abolishing the requirement to be accredited; and

reducing red tape on taxi operators and taxi network service providers by minimising accreditation requirements; and

tightening commercial passenger vehicle driver entry standards by introducing a fit and proper person test; and

giving the Taxi Services Commission additional compliance and enforcement powers; and

improving the efficiency of dispute resolution arrangements for agreements between taxi operators and drivers; and

enabling zone conditions for pre-booked taxi work to be varied by the Taxi Services Commission; and

enabling taxi zones to overlap at Avalon airport; and

enabling the Taxi Services Commission to establish a public register of taxi industry participants; and

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making further minor and technical changes to support the Government's taxi and hire car reform program—

by making amendments to the Transport (Compliance and Miscellaneous)Act 1983 and the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013.

The Bill also makes minor miscellaneous and technical changes to the Transport Integration Act 2010, the Heavy Vehicle National Law Application Act 2013, the Ombudsman Act 1973 and the Road Safety Amendment (Operator Onus) Act 2012.

Background

In March 2011, the Government announced a major independent inquiry into the Victorian commercial passenger vehicle industry. The Government appointed Professor Allan Fels to oversee the Inquiry.

The Government identified the key tasks for the inquiry as improving low levels of public confidence in taxi services, providing better security for drivers and safety for customers, and ensuring that drivers are properly trained and knowledgeable. The Inquiry was tasked to address long standing and deep-rooted problems and to recommend sweeping and enduring reforms to the industry and its regulation.

The Transport Legislation Amendment (Taxi Services Reform and Other Matters) Bill 2011 was introduced on 31 May 2011, completed its passage through the Legislative Council on 30 June 2011 and received the Royal Assent on 5 July 2011. This Act provided the legislative basis and powers for the Inquiry. It was intended that an industry-wide review would ensure that the Inquiry's findings were able to address the systemic failures in the sector.

This statute reflected the Government's determination to pursue substantial structural and regulatory reform in response to longstanding problems in the commercial passenger vehicle sector, particularly those factors which led to record low levels of customer satisfaction with the standard of taxi services.

Over 18 months, Professor Fels and Dr David Cousins conducted a comprehensive root and branch review of the taxi and hire car industry in Victoria. A draft report titled "Customers First: Service, Safety, Choice", containing extensive recommendations for reform, was released in May 2012.

The Inquiry received more than 1500 written submissions and met with people from all parts of Victoria who are part of the industry, use taxi and hire car services or represent community groups. The Inquiry conducted

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extensive research and analysis and commissioned specialist consumer and economic research. Public hearings were held, and draft proposals were reconsidered in light of issues and evidence presented in submissions.

The Minister for Public Transport tabled the final report of the Inquiry in Parliament on 12 December 2012 and issued an invitation for members of the community to make written submissions about the final recommendations until 30 January 2013. A total of 447 submissions were subsequently received by and reviewed by the Government.

The Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Bill 2013 (the Foundation Reforms Act) was introduced on 28 May 2013. The Bill provided for a number of key recommendations which provide the foundation for transforming the taxi and hire car industry in Victoria. These foundation recommendations—

remove the regulatory restriction on maximum numbers of taxi licences and enable issue of new licences "as a right" to approved applicants at prices set by legislation; and

set licence prices at levels that promote a measured increase in taxi and hire car numbers, allow an appropriate increase in the taxi driver's share of fare revenue and provide support for the equity and income positions of existing taxi licence holders; and

capped the level of the surcharge for the non-cash payment of taxi fares; and

remove restrictions and red tape on pre-booked hire car services to enable a more diverse range of services to be provided; and

introduce an enhanced knowledge exam for new taxi drivers; and

established new core objectives, functions and powers for the Taxi Services Commission, including new data collection powers.

The Bill was passed by the Victorian Parliament on 27 June 2013 and received the Royal Assent on 28 June 2013.

The breadth and depth of the reforms recommended by the Inquiry mean that substantial changes to legislation and subordinate instruments are required and the total package will take several years to fully implement. The Inquiry was also very critical of the state of the current regulatory suite for taxis and hire cars in Victoria. For example, the Inquiry noted that—

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"…regulations governing the taxi and hire car industry have evolved over time, with multiple layers of regulation now added on top of longstanding economic regulations that restrict entry and competition. This has resulted in a complex and prescriptive regulatory framework that has little clarity of purpose, includes significant areas of overlap and duplication, and creates unnecessary burdens for both industry and the regulator." (Taxi Industry Inquiry draft report, page 113);

"All regulation, not just that in Part VI of the Transport (Compliance and Miscellaneous) Act that affects the taxi and hire car sector, including regulations, licence conditions and rules, should be examined to ensure that, where appropriate, it is outcomes based rather than prescriptive and that is satisfies the test for imposing regulation—namely, that there is a net benefit. This review of regulation should be a priority for the DOT (DTPLI)." (Taxi Industry Inquiry final report, page 509).

As a result of these recommendations and observations, it is ultimately proposed that the current taxi and hire car regulation provisions in the Transport (Compliance and Miscellaneous) Act 1983 will be repealed and replaced by a new Taxi and Hire Car Reform Act.

Overview

The following sections provide an overview of the content of the Bill.

Taxi industry accreditation

The Transport (Compliance and Miscellaneous) Act 1983 currently requires taxi licence holders, taxi operators and taxi network service providers to be accredited.

The Inquiry recommended that Government abolish accreditation for taxi licence holders, replace accreditation for taxi operators with a lower impact permit scheme and replace accreditation for network service providers with an authorisation process (Recommendation 8.1). Complementary recommendations also made it clear that—

licence holders should only be required to maintain up to date name and contact details (Recommendation 8.2);

entry requirements for taxi operators should be reduced so only a probity check need be undertaken before a permit is granted (Recommendation 8.4);

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taxi network service providers should no longer be required to demonstrate financial capability (effect of Recommendations 4.2 and 8.7); and

the requirement for taxi operators to affiliate with network service providers should be removed (Recommendation 4.1).

The Bill implements most of these recommendations by—

repealing taxi licence holder accreditation requirements and related conditions, while retaining the requirement for licence holders to maintain up to date name and contact details;

repealing unnecessary and onerous taxi operator accreditation requirements, which will be supported by complementary changes to subordinate instruments;

enabling accreditation requirements for taxi network service providers to be reduced by adjusting subordinate instruments; and

enabling taxi network affiliation requirements to be removed when details of changes to subordinate instruments are resolved.

Notification, publication and monitoring of taxi fare and hiring rates in the Regional and Country Zones

The Bill provides for a taxi fare notification and publication scheme for taxi-cabs operating in the Regional and Country Zones.

The earlier Foundation Reforms Act made it clear that the Essential Services Commission may only determine fares and hiring rates for taxi-cabs licensed for the Melbourne Metropolitan Zone and the Urban and Large Regional Zone.

The Bill provides that the operators of Regional Zone and Country Zone taxi-cabs are required to determine the fares and hiring rates that will apply to their regional and country taxi services and must notify the Taxi Services Commission of those fares and hiring rates. Regional and country taxi operators may vary these fares and hiring rates at any time, subject to further notification and publication.

Providers of taxi network services in those zones may act as agents of affiliated operators and notify the Taxi Services Commission on behalf of the operators.

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The Taxi Services Commission will publish the notices provided to it by taxi operators on its Internet site. In addition, the Taxi Services Commission will publish the information in the notices in a consumer friendly format to assist the public.

Taxi operators will be obliged to inform customers of the fares and hiring rates that apply to taxi-cab services in the Regional and Country Zones in accordance with prescribed standard(s). It is intended to make regulations to prescribe the methods by which taxi-cab operators must inform customers. The regulations are in development and will be the subject of consultation with the taxi industry and the public.

The Taxi Services Commission will develop and publish guidance material to assist regional and country taxi-cab operators to develop new fares and hiring rates and in implementing and complying with the new requirements generally.

In order to provide appropriate protections for consumers of taxi-cab services, regulations made under the Transport (Compliance and Miscellaneous) Act 1983 will require taximeters to be calibrated—

in the case of a taxi-cab in the licence of which either the Melbourne Metropolitan Zone or the Urban and Large Regional Zone is specified, with the maximum fares and hiring rates determined by Essential Services Commission; or

in the case of a taxi-cab in the licence of which either the Regional Zone or the Country Zone is specified, with the maximum fares and hiring rates notified to and published by the Taxi Services Commission.

The Bill also provides for the Essential Services Commission, to monitor the prices, costs and return on assets in the taxi industry for a period of 5 years, in the Regional Zone and the Country Zone. The Essential Services Commission is also tasked with preparing an annual report on its activities and issuing special reports if needed.

Compliance and investigation powers

The Taxi Services Commission is conferred with a range of powers to take action to enforce taxis and hire car regulation. However, the currently available powers reflect a historical focus on enforcing relatively low level vehicle standards and road rule requirements.

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The successful implementation of the Government's taxi reforms requires a new approach to compliance monitoring and enforcement which embraces more substantive economic regulation activities and other matters including regulation of driver agreements and non-cash payment surcharges.

An interim review has been undertaken of the Taxi Services Commission's compliance and enforcement powers and an initial strengthening is proposed.

The powers include the ability to enter and inspect commercial passenger vehicles and commercial passenger vehicle premises in certain circumstances. In addition, a Commissioner of the Taxi Services Commission and taxi compliance officers may require information and documentation (particularly information required to be kept under relevant laws) to be produced for compliance and investigative purposes. Other provisions support these powers, including a requirement that the Taxi Services Commission develop (in conjunction with relevant stakeholders) and public a monitoring, compliance and enforcement policy.

The provisions are important so that the regulator is properly armed and able to monitor and enforce requirements. As part of that it is important that compliance, monitoring and enforcement is not frustrated by information being stored and maintained in an electronic form in another jurisdiction.

The Bill improves the Taxi Services Commission's powers as an interim step pending more a considered review. The full review is underway and will be contained in the future Taxi and Hire Car Reform Bill.

Register of taxi industry participants

The Inquiry recommended that the Taxi Services Commission establish a public register of taxi industry participants and post the register on its website (Recommendation 7.1).

The Bill amends the Transport (Compliance and Miscellaneous) Act 1983 to require that the Taxi Services Commission keep a register of taxi industry participants. It also sets out the details of what the register must contain and may contain.

Changes to the Transport (Compliance and Miscellaneous) Act 1983 have also been made so the Taxi Services Commission can publicly disclose information like names of drivers, taxi operators and networks in appropriate cases.

The Bill provides persons who have information on the register with the right to apply to restrict public access to information on the register, for example, because of concerns about privacy. If the Taxi Services Commission

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determines to not restrict public access to a person's information then a person has the right to seek a review of the decision by VCAT.

Commercial passenger vehicle driver accreditation

If a driver accreditation applicant has not committed, or been found guilty of, disqualifying offences listed in statute, the Taxi Services Commission may grant accreditation if it is satisfied that the applicant is technically competent and "suitable in all other respects".

The Bill replaces "suitability" with a more effective test which requires applicants to be a "fit and proper person". The well-known measure aligns with other probity thresholds in Victorian law, including reforms in the Professional Boxing and Combat Sports Amendment Act 2013, and will tighten driver entry standards in difficult cases.

The Bill also gives driver accreditation applicants a right to request that the Taxi Services Commission undertake internal review of decisions before, or as an alternative to, VCAT review.

Driver agreements

The Bill provides for improvements to the system for resolving disputes concerning the conditions in agreements between taxi drivers and operators, and expands the range of orders that VCAT can make in relation to disputes.

The Bill makes the Taxi Services Commission the first point of call for disputes between drivers and taxi operators over conditions in driver agreements.

On being referred a dispute, the Taxi Services Commission is required to make an assessment as to the nature of the dispute and assess whether it should—

provide preliminary assistance in resolving the dispute; or

take action to enforce compliance with the agreement; or

if there are different aspects to the dispute, provide preliminary assistance or take enforcement action to any such aspect.

The Bill provides that the Taxi Services Commission must provide preliminary assistance which includes providing advice to the parties to ensure that—

the parties are aware of the their rights and obligations; and

there is full and open communication between the parties about the matter.

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The Bill also provides that the Taxi Services Commission, in the event that after conducting preliminary assistance the parties fail to reach agreement, may issue a certificate certifying that—

preliminary assistance has failed to resolve the dispute; or

preliminary assistance has failed to resolve the dispute and that it is unlikely to be resolved by the Victorian Small Business Commissioner.

The parties to the dispute may also refer the dispute to the Victorian Small Business Commissioner or VCAT as stated in the certificate.

The Bill clarifies and improves the role of the Victorian Small Business Commissioner and VCAT in the scheme.

The Bill also provides that the Minister may refer a dispute directly to VCAT, if the Minister has been notified by the Taxi Services Commission that the dispute raises an issue of important public policy.

Resolution of conflict by regulators

The Bill also improves existing provisions in the Transport Integration Act 2010 which were added in 2011 to deal with potential inconsistent requirements of transport agencies. The Bill extends the provisions to cover all transport agencies which may have overlapping regulatory coverage. The prime objective of the amendments is to deal with regulatory classification and coverage issues relating to taxis and buses.

The Director, Transport Safety can currently impose regulatory requirements on vehicles that operate as buses. However, these may be inconsistent with vehicle requirements set by the Taxi Services Commission when the same vehicle performs the functions of a taxi.

The changes in the Bill reduce red tape by permitting the Safety Director and the Taxi Services Commission to reach agreement on whether a particular vehicle or class of vehicle should be regulated as a bus or a taxi. Failing agreement, the Bill provides a mechanism for inconsistencies to be resolved by a determination of the relevant Minister or Ministers.

The change essentially makes it easier for taxis to operate as buses and vice-versa. The measure partially implements Recommendation 11.1 of the Inquiry about removing legislation and other impediments hindering the introduction of group hire, set fare and set route taxi services.

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Abolition of Public Transport Fund

The Public Transport Fund established under the Transport (Compliance and Miscellaneous) Act 1983 is redundant and no longer needed following the establishment of Public Transport Victoria and the Taxi Services Commission. The Bill provides for the transfer of money standing to the credit of the Fund to the Public Transport Development Authority's general fund or to the Consolidated Fund.

Other amendments

The Inquiry recommended that taxi zones overlap at Avalon airport to minimise empty running on return journeys between Avalon and metropolitan Melbourne (Recommendation 1.7). A change to the Foundation Reforms Act in the Bill enables the Taxi Services Commission to determine the overlapping area.

The Bill also gives the Taxi Services Commission discretion to allow taxis licensed to operate in specified zones to undertake pre-booked work in other zones in response to concerns raised by industry and members about limits on vehicle movements between zones. The Taxi Services Commission must first determine that the increased flexibility for taxis to operate between zones benefits consumers. The Taxi Services Commission discretion permits the agency, for example, to allow country taxis to be pre-booked to pick up from Melbourne Airport for return journeys to the home zone.

The Bill also provides secure statutory support for a reduction in the annual licence fees to be paid by holders of wheelchair accessible taxi-cab licences released in 2010. Fees are reduced by the Bill to the level of the licence fees prescribed under the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013.

The Bill also makes a range of other amendments including minor, miscellaneous and machinery changes.

Structure of the Bill

The Transport Legislation Amendment (Further Taxi Reform and Other Matters) Bill 2014 is divided into 6 parts.

Part 1 sets out preliminary matters including the purpose of the Bill, commencement of the Bill. Part 6 provides for the repeal of the Bill.

Part 2 makes amendments to the Transport (Compliance and Miscellaneous) Act 1983 that relate to—

amendments of the taxi industry accreditation scheme; and

commercial passenger vehicle driver accreditation scheme; and

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the taxi industry participant register; and

taxi industry compliance and investigation powers; and

abolition of the Public Transport Fund; and

the making of regulations in relation to the parking of vehicles at train stations and similar parking places.

Part 3 makes amendments to the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013 that relate to taxi-cab zones, the proposed new notification, publication and monitoring of taxi fares and hiring rates in the Regional and Country Zones, and improvements to the system for the resolution of disputes over conditions of driver agreements.

Part 4 makes amendments to the Transport Integration Act 2010 that relate to the abolition of the Public Transport Fund, to provide a new function for the Taxi Services Commission and to extend the existing provisions for the resolution of conflict by regulators.

Part 5 makes miscellaneous amendments to the Heavy Vehicle National Law Application Act 2013, the Ombudsman Act 1973 and the Road Safety Amendment (Operator Onus) Act 2012.

Clause Notes

PART 1—PRELIMINARY

Clause 1 sets out the main purposes of the Bill which are—

to amend the Transport (Compliance and Miscellaneous) Act 1983—

to reduce and streamline taxi industry accreditation requirements; and

to provide for a new regime for the monitoring and investigation of compliance with commercial passenger vehicle laws and the enforcement of those laws, including the appointment of taxi compliance officers whose role will be to exercise the monitoring, investigation and enforcement powers under the new regime; and

to establish a Register of taxi industry participants; and

to abolish the Public Transport Fund; and

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to make further provision in relation to the regulation of taxi non-cash payment transactions; and

to make further provision for the making of regulations in relation to the parking of vehicles at train stations and similar parking places; and

to amend the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013—

to enable taxi-cab operators in the Regional Zone or the Country Zone to determine their own maximum fares or hiring rates and notify the Taxi Services Commission and hirers of them; and

to empower the Essential Services Commission to monitor prices, costs and return on assets in the taxi industry in the Regional Zone and the Country Zone; and

to improve the system for resolving disputes concerning the conditions of a driver agreement and expand the range of orders that VCAT can make in relation to such disputes; and

to enable the Taxi Services Commission to vary the zoning conditions for pre-booked work; and

to enable taxi-cab zones to overlap at Avalon Airport; and

to amend the Transport Integration Act 2010—

to make further provision in relation to the Taxi Services Commission's functions; and

to extend the application of the statutory scheme for the resolution of regulatory conflict under Part 7A to transport system agencies, Transport Corporations and the National Rail Safety Regulator; and

to amend the Heavy Vehicle National Law Application Act 2013 to make miscellaneous amendments to improve the operation of that Act; and

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to amend the Ombudsman Act 1973 to extend the jurisdiction of the Ombudsman to administrative actions of taxi compliance officers; and

to amend the Transport (Compliance and Miscellaneous) Act 1983 and the Road Safety Amendment (Operator Onus) Act 2012 to make statute law revisions.

Clause 2 provides for the commencement of the Bill.

Subclause (1) provides that Part 1, sections 45 and 46, Part 3 and Divisions 1 and 3 of Part 5 come into operation on the day after the day on which the Bill receives the Royal Assent.

Subclause (2) provides that, subject to subclause (3), the remaining provisions of the Bill come into operation on a day or days to be proclaimed.

Subclause (3) provides that if a provision referred to in subclause (2) does not come into operation before 1 March 2015, it comes into operation on that day.

Clause 3 provides that in this Bill the Transport (Compliance and Miscellaneous) Act 1983 is called the Principal Act.

PART 2—AMENDMENT OF TRANSPORT (COMPLIANCE AND MISCELLANEOUS) ACT 1983

This Part makes amendments to the Transport (Compliance and Miscellaneous) Act 1983. The Bill and these clause notes refer to the Transport (Compliance and Miscellaneous) Act 1983 as the Principal Act.

Division 1—Taxi industry accreditation amendments

Clause 4 amends the purpose of accreditation (section 130 of the Principal Act) by removing reference to "efficient". Market forces promote efficiency. The purpose of accreditation is limited to facilitating the provision of safe and reliable taxi-cab services that meet reasonable community expectations.

Clause 5 amends section 130A of the Principal Act by repealing subsection (5). Section 130A sets out definitions that apply in Division 4 of Part VI of the Principal Act. Subsection (5) defines a reference to an application for accreditation as including an application for renewal of accreditation. The effect of clause 11

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is to remove the need for accreditation to be renewed. The repeal of section 130A(5) is consequential to this change.

Clause 6 substitutes the existing penalty (60 penalty units) for the offence of operating a taxi-cab without accreditation (section 131 of the Principal Act) with a maximum penalty of 60 penalty units for a natural person and 300 penalty units for a body corporate. Taxi operators vary in size from natural persons operating single taxi-cabs to large corporations operating in excess of 100 taxi-cabs. It is widely recognised in Victorian law that higher penalties are required to deter large corporations from offending because larger corporations have a greater capacity to absorb penalties and provide a defence against prosecution. The amendment is proposed in the interests of increasing deterrence. The penalties specified are the maximum that a court may impose, taking into account all the relevant circumstances.

Clause 7 substitutes a new paragraph for section 131A(2)(b) of the Principal Act. The change to section 131A makes it clear that the offence of providing taxi-cab network services without being accredited does not apply to an operator of a taxi-cab who provides the service to a driver of the operator's taxi-cab or a relevant person in relation to the operator (for example, any person who is concerned, or takes part, in the management of the operator's business activities).

Clause 8 makes changes to section 132 of the Principal Act. Section 132 specifies the information applicants for accreditation are required to provide and provides the licensing authority (the Taxi Services Commission) with the power to require additional information and statutory declarations. The licensing authority also has the power to determine the form an application must take as well as the manner in which it must be submitted.

Subclause (1) repeals section 132(1)(a) of the Principal Act. The effect of this change is to remove the right for a person to apply to the licensing authority for accreditation as a taxi-cab licence holder. Taxi-cab licence holders will no longer be required to be accredited. The removal of this paragraph is consequential to this change.

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Subclause (2) removes the words "a taxi-cab licence holder or" from section 132(5) of the Principal Act. The removal of this reference is consequential to the amendment that will no longer require taxi-cab licence holders to be accredited.

Clause 9 substitutes reference to 90 days with 30 days in section 132A(1) of the Principal Act. Section 132A(1) specifies the time within which the licensing authority must deal with an application for accreditation. Other changes in Part 2 of the Bill, as well as consequential changes to subordinate instruments, will significantly reduce the matters that must be considered when determining whether accreditation should be granted to an applicant. Accordingly, less time will be needed to deal with an application.

Clause 10 amends the note at the foot of section 132B of the Principal Act by omitting reference to the "business and service standards". Clause 18 of the Bill repeals the section of the Principal Act that provides the Minister with the power to determine business and services standards to be met by accredited persons. The change made by clause 10 is consequential to the change made by clause 18.

Clause 11 substitutes section 132C of the Principal Act with a new section that specifies that an accreditation remains in force until it is cancelled or surrendered. A note is also inserted to make it clear that section 135D provides that a person is taken not to hold an accreditation during any period in which the accreditation is suspended.

Section 132C of the Principal Act currently limits how long accreditation lasts to a maximum of 5 years. The effect of the change is to remove the requirement for accredited persons to renew their accreditation.

Clause 12 makes a number of amendments to section 132D(1)(b) of the Principal Act, which sets out the circumstances in which the licensing authority must refuse an application for accreditation.

Subclause (1) substitutes "accreditation." for "accreditation;" and repeals subparagraphs (ii), (iii) and (iv) of section 132D(1)(b) of the Principal Act. Applicants will no longer be required to demonstrate a sound knowledge of the industry, competency and capacity to meet standards and financial capability to run a business before being permitted to be accredited.

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Instead, compliance with standards and requirements will be audited after operators commence operations. This approach enables regulatory standards and requirements to be maintained, while eliminating unnecessary barriers to entry, competition and the supply of services to customers.

Subclause (2) repeals section 132D(2) and (3) of the Principal Act, which relate to determining the financial capacity of an applicant for accreditation. Persons applying to be accredited will no longer be required to demonstrate financial capacity so these subsections are no longer required.

Clause 13 repeals section 132E(a) of the Principal Act, which obliges the licensing authority to refuse an application for accreditation as a licence holder in specified circumstances. The removal of this section is consequential to the amendment that will no longer require taxi-cab licence holders to be accredited.

Clause 14 repeals section 132F(3)(a) of the Principal Act, which references the business and service standards. Clause 18 of the Bill repeals the section of the Principal Act that provides the Minister with the power to determine business and services standards to be met by accredited persons. The change made by clause 14 is consequential to the change made by clause 18.

Clause 15 amends the heading to Subdivision 4 of Division 4 of Part VI of the Principal Act by omitting reference to "business and service standards". Clause 18 of the Bill repeals the section of the Principal Act that provides the Minister with the power to determine business and services standards to be met by accredited persons. The change made by clause 15 is consequential to the change made by clause 18.

Clause 16 repeals sections 133(4) and (5) of the Principal Act. These provisions were intended to support the implementation of the requirement for taxi operators to affiliate with suppliers of taxi-cab network services. Subsection (4) makes it a condition of accreditation for taxi operators to have approved arrangements in place with the supplier of taxi-cab network services for the supply of services specified by the licensing authority. Subsection (5) makes it a condition of accreditation of suppliers of taxi-cab network services to refuse, without reasonable excuse, to enter into approved arrangements with a taxi operator for the provision of services specified by the licensing authority.

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The licensing authority has not specified services and so subsection (4) and (5) are not in effect. Instead, the licensing authority requires taxi operators to affiliate with the suppliers of taxi-cab network services for the supply of specified services through conditions imposed on taxi-cab licences. The Taxi Industry Inquiry has recommended that the requirement for taxi operators to affiliate with suppliers of taxi-cab network services should be removed. The repeal of subsection (4) and (5) facilitates, in part, the implementation of this recommendation.

Clause 17 amends section 133B of the Principal Act to remove a reference to "taxi-cab licence holder" and insert the maximum penalty applicable to a body corporate that commits the offence of failing to comply with a condition of accreditation (150 penalty units).

The removal of the reference to taxi-cab licence holder is consequential to the amendment that will no longer require taxi-cab licence holders to be accredited.

Accredited taxi industry participants vary in size from natural persons operating single taxi-cabs to large corporations operating in excess of 100 taxi-cabs and providing taxi-cab network services to thousands of affiliated taxi-cabs. It is widely recognised in Victorian law that higher penalties are required to deter large corporations from offending because larger corporations have a greater capacity to absorb penalties and provide a defence against prosecution. The amendment is proposed in the interests of increasing deterrence. The penalties specified are the maximum that a court may impose, taking into account all the relevant circumstances.

Clause 18 repeals section 133C of the Principal Act. Section 133C provides the Minister with the power to determine business and services standards to be met by accredited persons. The content of the business and service standards largely duplicates requirements specified in licence conditions, regulations under the Principal Act and requirements specified in other areas of law, for example, competition and consumer law. The Taxi Industry Inquiry recommended (Recommendation 10.6) reducing the range of subordinate instruments used to regulate the industry and reducing duplication wherever possible. The repeal of the power to determine business and service standards facilitates, in part, the implementation of this recommendation.

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Clause 19 repeals section 134(1)(b)(v) and section 134(2) of the Principal Act to remove references to the date of expiry of accreditation and the business and service standards.

The effect of clause 11 is to remove the need for accreditation to be renewed. The repeal of the reference to the date of expiry of accreditation is consequential to this change.

Clause 18 of the Bill repeals the section of the Principal Act that provides the Minister with the power to determine business and services standards to be met by accredited persons. The removal of the reference to the business and service standards is consequential to the change made by clause 18.

Clause 20 amends section 135E(2) of the Principal Act by substituting "has not expired" for "is not cancelled". The effect of clause 11 is to remove the need for accreditation to be renewed. The amendment given effect by clause 20 is consequential to this change.

Clause 21 makes a number of amendments to section 135F of the Principal Act. Section 135F provides the licensing authority with the power to issue improvement notices in specified circumstances.

Subclause (1) repeals section 135F(1)(a)(ii) of the Principal Act, which is a reference to business and services standards determined by the Minister under section 133C. Clause 18 of the Bill repeals the section of the Principal Act that provides the Minister with the power to determine business and services standards to be met by accredited persons.

Subclause (2) omits reference to "or an applicable business or service standard" in section 135F(1)(c)(i) of the Principal Act. The removal of the reference to the business and service standards is consequential to the change made by clause 18.

Subclause (3) substitutes "limitation" for "limitation, standard" in section 135F(2)(b) of the Principal Act. The removal of the reference to "standard" is consequential to the change made by clause 18.

Subclause (4) omits "and efficient" in section 135F(4)(b) of the Principal Act. This change is consequential to amendments to the purpose of accreditation made by clause 4.

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Subclause (5) changes the penalty for contravention of an improvement notice from 20 penalty units to a maximum of 120 penalty units for a natural person and 600 penalty units for a body corporate. Improvement notices are used by the licensing authority in circumstances where the licensing authority believes, on reasonable grounds, that an accredited person is contravening a requirement of the Principal Act or regulations or is contravening in ways that make it likely the contravention will continue or will be repeated. The potential commercial benefits associated with continued non-compliance with, for example, the implied condition of a driver agreement to pay drivers a minimum of 55% of the gross fare box, necessitates improvement notices having a higher maximum penalty.

Clause 22 inserts new Subdivision 6A of Division 4 of Part VI after section 135H of the Principal Act. The new Subdivision provides applicants for accreditation, accredited persons, and other persons whose interests are affected by a reviewable decision the right to request an internal review of a reviewable decision made by a delegate of the licensing authority.

New section 135I defines an eligible person as a person who is—

an applicant for accreditation; or

an accredited person; or

a relevant person in relation to an applicant for accreditation or an accredited person; or

a person whose interests are affected by a reviewable decision.

New section 135J sets out the meaning of reviewable decision.

New subsection (1) defines a reviewable decision as a decision—

to refuse an application for accreditation; or

to disqualify a person from applying for accreditation; or

to impose a condition, restriction or other limitation on an accreditation; or

to vary or revoke a condition, restriction or other limitation on an accreditation; or

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to take disciplinary action; or

to serve an improvement notice.

New subsection (2) states that a reviewable decision does not include—

a decision referred to in subsection (1) that was—

affirmed, varied or substituted for another decision under internal review; or

made by the licensing authority and not by a delegate of the licensing authority; or

a decision, required by statute, to refuse accreditation or cancel accreditation because the applicant or accredited person has been found guilty of a disqualifying offence.

New section 135K enables an eligible person to apply for internal review of a reviewable decision.

Subsection (1) provides eligible persons with the right to apply to the licensing authority for review of a reviewable decision, noting that eligible persons also have the right to apply to have a reviewable decision reviewed by VCAT under section 136A.

Subsection (2) specifies that an application must be made within 28 days after the day on which the decision first came to the eligible person's notice, but also provides that the licensing authority has the discretion to accept applications made after 28 days.

Subsection (3) specifies that an application for internal review must be made in the manner and form determined by the licensing authority.

New section 135L clarifies the effect of a reviewable decision in circumstances when an eligible person has applied to have the decision reviewed.

Subsection (1) specifies that an application does not affect the operation of the reviewable decision unless the licensing authority, on its own initiative or on the application of the applicant for review, stays the operation of the decision pending the determination of the internal review.

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Subsection (2) requires that the licensing authority must make a decision on an application for a stay within 24 hours after the making of the application.

If the licensing authority has not made a decision within 24 hours subsection (3) deems the licensing authority to have made a decision to grant a stay.

Subsection (4) specifies that the licensing authority may attach any conditions to a stay of the operation of a reviewable decision that the authority considers appropriate.

New section 135M specifies what the licensing authority must do when determining the outcome of a review.

Subsection (1) requires the licensing authority to make a fresh decision that—

affirms or varies the reviewable decision; or

sets aside the reviewable decision and substitutes another decision that the licensing authority considers appropriate.

Subsection (2) requires the licensing authority to, within 28 days of an application, give a written notice to the applicant setting out the—

decision of the licensing authority and the reasons for the decision; and

findings on material questions of fact that led to the decision, referring to the evidence or other material on which those findings were based.

If the licensing authority has not notified the applicant within 28 days subsection (3) deems the licensing authority to have made a decision to affirm the reviewable decision.

Clause 23 substitutes a new heading for Subdivision 7 of Division 4 of Part VI of the Principal Act. The new heading is "Subdivision 7—Jurisdiction of VCAT". This replaces the heading, "Subdivision 7—Review of decisions". This heading is no longer appropriate given the insertion of new Subdivision 6A which provides for internal review of decisions.

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Clause 24 makes a number of changes to section 136A of the Principal Act to align with the insertion of new internal review provisions set out in new Subdivision 6A.

Subclause (1) substitutes a new subsection (1) for section 136A(1) and (2) of the Principal Act. The new subsection provides that an eligible person may apply to VCAT for review of a reviewable decision.

Subclause (2) substitutes "section 136(1A)" for "section 136(1)" in section 136A(3) of the Principal Act.

Subclause (3) inserts a new subsection (4) that defines eligible person and reviewable decision.

The definition of reviewable decision differs from that used in new Subdivision 6A because decisions made by the licensing authority or a delegate of the licensing authority can be reviewed by VCAT.

Clause 25 makes a number of amendments to section 137A of the Principal Act that are consequential to other amendments included in Part 2 of the Bill.

Subclause (1) repeals section 137A(2)(b) of the Principal Act, which refers to the business and service standards. Clause 18 of the Bill repeals the section of the Principal Act that provides the Minister with the power to determine business and services standards to be met by accredited persons. The repeal of 137A(2)(b) is consequential to the change made by clause 18.

Subclause (2) amends section 137A(4)(a) of the Principal Act by omitting "as a taxi-cab licence holder or". The removal of this reference is consequential to the amendment that will no longer require taxi-cab licence holders to be accredited.

Subclause (3) amends section 137A(5) of the Principal Act by omitting "for the remainder of the period of the accreditation". This amendment is consequential to the effect of clause 11, which is to make accreditation not expire. Accordingly, there is no period of accreditation.

Clause 26 substitutes the existing penalty (30 penalty units) for the offence of making a false representation in relation to accreditation (section 137C of the Principal Act) with a maximum penalty of 30 penalty units for a natural person and 150 penalty units for a body corporate. It is widely recognised in Victorian law that

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higher penalties are required to deter large corporations from offending because larger corporations have a greater capacity to absorb penalties and provide a defence against prosecution. The amendment is proposed in the interests of increasing deterrence. The penalties specified are the maximum that a court may impose, taking into account all the relevant circumstances.

Clause 27 makes amendments to section 137E(2) of the Principal Act. Section 137E(2) clarifies, without limiting subsection 137E(1)(a), the conditions of accreditation that can be prescribed in the regulations. To avoid any doubt, the amendments make it clear that regulations under the Principal Act can be used to prescribe conditions of accreditation in relation to—

the safety of taxi-cab drivers, customers and members of the public;

customer service;

complaint handling processes;

education and training;

in the case of an accreditation as a provider of taxi-cab network services, a requirement to implement disciplinary procedures that are to apply when a taxi-cab driver and operator to whom the provider provides taxi-cab network services fails to comply with the agreement under which those services are provided.

Clause 28 amends section 146C(1)(c) of the Principal Act to make it clear that revoking a licence condition under section 146(1) or 146B is not a decision that can be reviewed by VCAT.

Clause 29 makes a number of amendments to section 149 of the Principal Act, which specifies requirements in relation to the transfers of commercial passenger vehicle licences.

Subclause (1) removes a reference to 156A(2) from section 149(2)(b) of the Principal Act. Clause 30(1) repeals section 156A(2). This amendment is consequential to that change.

Subclause (2) substitutes a new paragraph for section 149(3)(a) of the Principal Act. This amendment is aimed at ensuring that only fit and proper persons are able to obtain hire car and special purpose vehicle licences.

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Subclause (3) repeals section 149(3)(b) of the Principal Act, which is sufficiently covered by new section 149(3)(a) and therefore does not need to be maintained.

Subclause (4) repeals section 149(3AA)(a) of the Principal Act. This change is consequential to the amendment that will no longer require licence holders to be accredited.

Clause 30 makes a number of changes to section 156A of the Principal Act which are consequential to other changes made in Part 2 of the Bill.

Subclause (1) repeals section 156A(1) and (2) of the Principal Act, which are not required due to the amendment that will no longer require taxi-cab licence holders to be accredited.

Subclause (2) amends section 156A(3) of the Principal Act, by substituting "accredited as a taxi-cab licence holder, but not" with "not accredited". This change is consequential to the amendment that will no longer require licence holders to be accredited.

Subclause (3) omits "or expires without being renewed" from section 156A(5) of the Principal Act. This change is consequential to the amendment that will not require accreditation to be renewed.

Division 2—Driver accreditation amendments

Clause 31 substitutes "a fit and proper person" for "suitable in other respects" in section 169(1)(b)(ii) of the Principal Act. The effect of the change is that the licensing authority must be satisfied that an applicant is fit and proper person when determining whether to issue or renew a driver accreditation. The well-known fit and proper person test aligns with other probity thresholds in Victorian law.

Clause 32 inserts three new sections after section 169M of the Principal Act which provide a person affected by a reviewable decision made by a delegate of the licensing authority with the right to request an internal review of the decision.

New section 169MA enables an affected person to apply for internal review.

Subsection (1) provides that a person who is affected by a reviewable decision may apply to the licensing authority for the

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review of the reviewable decision, noting that eligible persons also have the right to apply to have a reviewable decision reviewed by VCAT under section 169O.

Subsection (2) specifies that an application must be made within 28 days after the day on which the decision first came to the eligible person's notice, but provides that the licensing authority has the discretion to accept applications made after 28 days.

Subsection (3) specifies that an application for internal review must be made in the manner and form determined by the licensing authority.

New subsection (4) defines reviewable decision to mean—

a decision of the licensing authority to refuse to issue or renew an accreditation under Division 6 of Part VI of the Principal Act; or

a decision of the licensing authority to suspend or cancel an accreditation under Division 6 of Part VI of the Principal Act; or

a decision of the licensing authority to impose a condition on an accreditation under this Division 6 of Part VI of the Principal Act; or

a determination of the licensing authority to disqualify the person from applying for the issue of an accreditation under this Division 6 of Part VI of the Principal Act; or

a decision of the licensing authority not to, or a failure by the licensing authority to, under section 169EB reinstate the accreditation of a person suspended in accordance with section 169EA of the Principal Act.

A reviewable decision does not include—

a decision referred to in paragraph (a) of the definition that was affirmed, varied or substituted for another decision by VCAT; or made by the licensing authority and not by a delegate of the licensing authority; or

a decision, required by statute, to refuse to issue or renew a driver accreditation, or to a cancel a driver accreditation because the applicant or accredited driver has been found guilty of a disqualifying offence.

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New section 169MB clarifies the effect of the reviewable decision when an affected person applies to have the decision reviewed.

Subsection (1) specifies that an application does not affect the operation of the reviewable decision unless the licensing authority, on its own initiative or on the application of the applicant for review, stays the operation of the decision pending the determination of the internal review.

Subsection (2) requires that the licensing authority must make a decision on an application for a stay within 24 hours after the making of the application.

If the licensing authority has not made a decision within 24 hours subsection (3) deems the licensing authority to have made a decision to grant a stay.

Subsection (4) specifies that the licensing authority may attach any conditions to a stay of the operation of a reviewable decision that he or she considers appropriate.

New section 169MC specifies what the licensing authority must do when determining the outcome of a review.

Subsection (1) requires the licensing authority to make a fresh decision that—

affirms or varies the reviewable decision; or

sets aside the reviewable decision and substitutes another decision that the licensing authority considers appropriate.

Subsection (2) requires the licensing authority to, within 28 days of an application, give a written notice to the applicant setting out the—

decision of the licensing authority and the reasons for the decision; and

findings on material questions of fact that led to the decision, referring to the evidence or other material on which those findings were based.

If the licensing authority has not made a decision within 28 days, subsection (3) deems the licensing authority to have made a decision to affirm the reviewable decision.

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Clause 33 makes two changes to section 169O of the Principal Act to align the drafting of provisions in section 169O with the new internal review provisions set out in new section 169MA, 169MB and 169MC.

Subclause (1) substitutes a new subsection (1) for section 169O(1) of the Principal Act. The new subsection (1) provides that a person who is affected by a reviewable decision may apply to VCAT for review of the decision.

Subclause (2) inserts a new subsection (6) that defines reviewable decision to mean—

a decision of the licensing authority to refuse to issue or renew an accreditation under Division 6 of Part VI of the Principal Act; or

a decision of the licensing authority to suspend or cancel an accreditation under Division 6 of Part VI of the Principal Act; or

a decision of the licensing authority to impose a condition on an accreditation under Division 6 of Part VI of the Principal Act; or

a determination of the licensing authority to disqualify the person from applying for the issue of an accreditation under Division 6 of Part VI of the Principal Act; or

a decision of the licensing authority not to, or a failure by the licensing authority to, under section 169EB, reinstate the accreditation of a person suspended in accordance with section 169EA of the Principal Act.

The definition of reviewable decision differs from that used in new section 169MA because decisions made by the licensing authority or a delegate of the licensing authority can be reviewed by VCAT.

Division 3—Taxi industry participant register amendments

Clause 34 inserts the definition of register of taxi industry participants in section 86(1) of the Principal Act.

Register of taxi industry participants is defined to mean the register kept by the licensing authority under section 169ZA.

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Clause 35 inserts new Division 6A after Division 6 of Part VI of the Principal Act (new sections 169ZA to 169ZJ) entitled "Register of taxi industry participants".

The underlying intent of the register is to release information in the public interest while providing for the restriction of personal information in appropriate circumstances. The scheme ensures that information is not released until the person to whom the information relates is given opportunity to appeal the release of the information.

New Division 6A is set out in two Subdivisions.

New Subdivision 1 (new sections 169ZA to 169ZC) is entitled "Register and public version of register".

New section 169ZA provides for a register of taxi industry participants.

New subsection (1) provides that the licensing authority must keep a register of taxi industry participants.

New subsection (2) provides that the licensing authority must include on the register the name of each person who holds—

an accreditation as a taxi-cab operator; or

an accreditation as a provider of taxi-cab network services; or

a driver accreditation that accredits the holder to drive a commercial passenger vehicle; or

a hire car licence; or

a special purpose vehicle licence.

New subsection (3) provides that the licensing authority may include the following details for each person whose name is included on the register—

business contact details for the person (including a telephone number, postal address, email address and Internet address);

details of any taxi-cab network service provided by the person;

the number of taxi-cabs, hire cars and special purpose vehicles operated by the person.

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New subsection (4) provides that the licensing authority must include, for each person whose name is included on the register, any details prescribed for the purposes of this subsection.

New section 169ZB provides for the public version of the register. The purpose of the provision is to ensure that the public is able to access the information on the register other than information that is restricted for privacy or other reasons.

New subsection (1) provides that the licensing authority must keep a public version of the register of taxi industry participants.

Public version of the register is defined, within section 169ZB, to mean the public version of the register of taxi industry participants.

New subsection (2) provides that the licensing authority—

must make a copy of the public version of the register available at their office during office hours for any person to inspect free of charge; and

may publish a copy of the public version of the register on the licensing authority's Internet site.

New subsection (3) provides that the public version of the register must not include any information to which public access is restricted under Subdivision 2.

New section 169ZC provides for corrections of the register of taxi industry participants.

New subsection (1) provides that the licensing authority may, if the licensing authority decides it is necessary to do so, correct any error or omission in the register of taxi industry participants or the public version of the register.

New subsection (2) provides that the licensing authority may correct the register by—

inserting information; or

amending information; or

omitting information.

New Subdivision 2 (new sections 169ZD to 169ZJ) is entitled "Restriction of public access to information".

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New section 169ZD provides for the restriction of information to be included on the public version of the register of industry participants.

New subsection (1) provides that, on including information in the register of taxi industry participants, the licensing authority must determine whether to restrict public access to any part of the information for the purpose of section 169ZB(3).

New subsection (2) provides that the licensing authority must not, under subsection (1), determine that public access to any part of the information is to be restricted unless the licensing authority is satisfied that there are circumstances that justify that restriction.

The Bill provides an example of a circumstance for the purpose of section 169ZD(2) which is to protect a person's privacy.

New subsection (3) provides that if the licensing authority determines that public access to a part of the information is to be restricted, the licensing authority must restrict public access—

indefinitely; or

for a specified period.

New section 169ZE provides for the notification by the licensing authority to notify a person whose information is to be made publically available.

New subsection (1) provides that section 169ZE applies if the licensing authority determines, under section 169ZD, that public access to any part of the information to which the determination relates is not to be restricted.

New subsection (2) provides that the licensing authority must notify the person to whom that information relates of that determination.

New subsection (3) provides that a notification under section 169ZE(2) must—

be in writing; and

specify the information that is to be made publically available.

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New subsection (4) provides that, for the purpose of section 169ZB(3), public access is restricted to the information until the earlier of—

28 days after the day on which the person is notified under section 169ZE(1); or

the day on which the person consents to the information being made publically available.

New section 169ZF provides for the application process to restrict public access to information on the register.

New subsection (1) provides that a person may apply to the licensing authority to restrict public access to information that—

is included on the register of taxi industry participants; and

relates to the person.

New subsection (2) provides that an application under subsection (2) need not be made in writing.

New subsection (3) provides that, for the purpose of section 169ZB(3), public access is restricted to the information until the day on which the application is determined. This requirement is to ensure that information is restricted until the application is determined.

New section 169ZG provides for the determination of the application to restrict public access to information on the register.

New subsection (1) provides that on receiving an application under section 169ZF, the licensing authority must determine whether public access to the information the subject of the application is to be restricted for the purpose of section 169ZB(3).

New subsection (2) provides that the licensing authority must not, under subsection (1), determine that public access to the information the subject of the application is to be restricted unless the licensing authority is satisfied that there are exceptional circumstances that justify that restriction.

New subsection (3) provides that, if the licensing authority determines that public access to the information the subject of the application is to be restricted, the licensing authority must restrict public access—

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indefinitely; or

for a specified period.

New section 169ZH provides for the licensing authority to notify to the applicant of a determination made under section 169ZG in respect of an application to restrict public access to information on the register.

New subsection (1) provides that section 169ZH applies if the licensing authority determines, under section 169ZG, that public access to the information to which the determination relates is not to be restricted.

New subsection (2) provides that the licensing authority must notify the person to whom that information relates of the determination within 14 days after the determination is made.

New subsection (3) provides that a notification under subsection (2) must—

be in writing; and

specify the information that is to be made publicly available.

New subsection (4) provides that for the purpose of section 169ZB(3), public access is restricted to the information to which the determination relates until the earlier of—

28 days after the day on which the person is notified under subsection (1); or

the day on which the person consents to the information being made publicly available.

New section 169ZI provides the rights of review of determinations made in respect of applications to restrict public access to information on the register.

New subsection (1) provides that a person whose interests are affected by a determination under section 169ZD or 169ZG that public access to information to which the determination relates must be not restricted may apply to the Tribunal for review of the determination.

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New subsection (2) provides that an application for review under subsection (1) must be lodged with the Tribunal within 28 days after—

notice of the decision was given; or

if, under section 45 of the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision—the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.

New subsection (3) provides that for the purpose of section 169ZB(4), public access is restricted to the information until the day on which the application for review is determined.

Division 4—Taxi Industry compliance and investigation powers amendments

Clause 36 inserts new Subdivision 5B after Subdivision 5A of Division 9A of Part VI of the Principal Act. The new Subdivision provides the framework for the development, maintenance and review by the Taxi Services Commission of a taxi monitoring, compliance and enforcement policy. It includes matters that must and may be addressed in the policy, who must have regard to it and who must be consulted in relation to it.

New section 191YE contains three definitions that apply across Subdivision 5B of Division 9A of Part VI.

Commercial passenger vehicle law

This term has the same meaning as in Division 4ABA of Part VII.

Specified road safety law

Specified road safety law means sections 77 and 84 of the Road Safety Act 1986 and a provision of the Road Safety Rules 2009, but in each case only when a taxi compliance officer is performing or exercising functions or powers under them.

The taxi monitoring, compliance and enforcement policy applies to specified road safety laws (and commercial passenger vehicle laws).

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Taxi compliance officer

This term has the same meaning as in Division 4ABA of Part VII.

New section 191YF requires the Taxi Services Commission to develop, maintain and review a taxi monitoring, compliance and enforcement policy.

New subsection (2) sets out the purpose of the policy. The purpose is to support and promote maintaining compliance with, and enforcement of, commercial passenger vehicle laws and specified road safety laws by—

specifying proportionate, cost effective and efficient options in respect of monitoring and promoting compliance with, and enforcement of, a commercial passenger vehicle law or specified road safety law; and

specifying how options will be utilised by enforcement agencies to monitor and promote compliance with, and the enforcement of, commercial passenger vehicle law and specified road safety law consistently.

New subsection (3) requires the Taxi Services Commission to publish a taxi industry monitoring, compliance and enforcement policy on the Internet within 12 months after the commencement of new section 191YF.

New subsection (4) provides that the policy must be reviewed every three years, in accordance with new section 191YH.

New section 191YG requires the Taxi Services Commission to provide training, guidance and support to taxi compliance officers who monitor compliance with and enforce a commercial passenger vehicle law or specified road safety law.

Under new subsection (2), the Taxi Services Commission may also coordinate and support the implementation of a taxi industry monitoring, compliance and enforcement policy in any other manner that the Taxi Services Commission determines to be appropriate.

New section 191YH requires that the Taxi Services Commission develop a taxi industry monitoring, compliance and enforcement policy in consultation with Victoria Police, the Privacy Commissioner, VicRoads and representatives of taxi industry participants.

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Under new subsection (2), the Taxi Services Commission may consult with taxi industry regulators in other jurisdictions when developing and reviewing the policy if the Taxi Services Commission considers that it would be useful to do so.

New section 191YI provides that a taxi industry monitoring, compliance and enforcement policy must provide guidance on the exercise of monitoring and compliance, investigation, and enforcement powers, under a commercial passenger vehicle law and specified road safety law, and the measures to be adopted to promote compliance with and enforcement of those laws.

Under new subsection (2), a taxi industry monitoring, compliance and enforcement policy may provide guidance on other matters relevant to monitoring compliance with or enforcing a commercial passenger vehicle law or specified road safety law.

New section 191YJ provides that persons involved in compliance, monitoring and enforcement activities under a commercial passenger vehicle law or specified road safety law must, so far as reasonably practicable, have regard to an applicable taxi industry monitoring, compliance and enforcement policy when performing functions and duties and exercising powers under those laws.

Clause 37 inserts new Division 4ABA of Part VII after Division 4A of Part VII of the Principal Act. The new Division deals with the appointment of taxi compliance officers, and provides those officers with detailed entry, search, seizure, inquiry and questioning powers. These powers are essential to enable the Taxi Services Commission to properly monitor and enforce compliance with commercial passenger vehicle laws.

New Subdivision 1 (new sections 228RA to 228RB) is entitled "Interpretation".

New section 228RA contains a number of definitions that apply for the purposes of new Division 4ABA of Part VII.

Definitions of significance include the following—

Civil penalty provision

Many of the powers that may be exercised by taxi compliance officers (for example, under new section 228RN) are defined by reference to contraventions or possible contraventions of a civil penalty provision.

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Civil penalty provision means section 144E of the Principal Act.

Commercial passenger vehicle law

The powers that may be exercised by taxi compliance officers (including, for example, new sections 228RI(a) and 228RN) are also defined by reference to compliance with, or offences under, commercial passenger vehicle laws.

Commercial passenger vehicle law means Part VI of the Principal Act (including regulations made under or for the purposes of that Part), section 216 of the Principal Act, Division 4ABA of Part VII of the Principal Act, and, in certain circumstances, sections 81, 82, 83 and 83A of the Crimes Act 1958.

Commercial passenger vehicle premises

Taxi compliance officers are given certain powers over commercial passenger vehicle premises and persons present at commercial passenger vehicle premises (for example, under new sections 228RI and 228RM).

Commercial passenger vehicle premises means a building or facility used in connection with the provision of commercial passenger vehicle services, taxi-cab network services, or non-cash payment processing services. Residential premises are excluded from the definition.

Compliance and investigative purposes

This defined term is used in sections 228RI and 228RY. The concept places limits on the entry and investigative powers of taxi compliance officers.

Compliance and investigative purposes are purposes related to ascertaining whether a commercial passenger vehicle law has been complied with, including whether an offence has been committed against a commercial passenger vehicle law or whether a civil penalty provision has been breached.

Taxi compliance officer

Taxi compliance officer means a person appointed under section 228RC.

New section 228RB defines specified person. Under section 228RY, a specified person may be compelled to provide—

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any information or document required to be kept under a commercial passenger vehicle law; and

any information or document, device or other thing in the person's possession or control relating to taxi operations, the provision of taxi-cab network services, the provision of a non-cash payment processing service, or a taxi non-cash payment surcharge.

A specified person is an accredited person, or a holder of a commercial passenger vehicle licence (within the meaning of Part VI of the Transport (Compliance and Miscellaneous) Act 1983). Also within the scope of the definition is any person who the Taxi Services Commission or a taxi compliance officer believes on reasonable grounds may be able to provide information, documents or assistance to the Taxi Services Commission or the officer for compliance and investigative purposes.

New Subdivision 2 (new sections 228RC to 228RH) is entitled "Taxi compliance officers".

New section 228RC provides for the appointment of a taxi compliance officer by the Taxi Services Commission. Any person who is suitably qualified or trained to exercise the powers of a taxi compliance officer may be appointed.

These provisions are in similar terms to the provisions in Subdivision 2 of Division 4B of Part VII of the Principal Act.

An appointment may be general or subject to conditions, such as limiting the appointment to the exercise of specific powers or functions.

A person appointed is, by virtue of the appointment, an officer of the State.

New section 228RD requires the Taxi Services Commission to issue identity cards to taxi compliance officers.

New section 228RE requires a person who has ceased to be a taxi compliance officer to return their identity card to the Taxi Services Commission as soon as practicable. It is an offence not to comply.

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New section 228RF sets out when a taxi compliance officer is required to produce his or her identity card when exercising or proposing to exercise powers under a commercial passenger vehicle law.

The identity card must be produced unless the officer reasonably believes that to do so would affect the safety or welfare of a person or frustrate the effective exercise of a power. The card does not have to be produced to a person if the officer has already produced it to that person on the same day before exercising a power under a commercial passenger vehicle law.

A failure to produce an identity card does not invalidate the actions taken or things done by the officer.

New section 228RG provides that a taxi compliance officer, in relation to the performance or exercise of a function or power under a commercial passenger vehicle law, is subject to directions from the Taxi Services Commission. The directions may be specific or general.

New section 228RH prohibits a person who is not a taxi compliance officer from holding himself or herself out, in any way, to be such an officer. This provision is relevantly the same as section 228WA of the Principal Act.

New Subdivision 3 (new sections 228RI to 228RL) is entitled "Powers of entry".

New section 228RI provides powers of entry to taxi compliance officers.

New subsection (1) provides that a taxi compliance officer may—

enter, without consent, for a restricted purpose (defined in new subsection (3)), any commercial passenger vehicle that is not at commercial passenger vehicle premises if the operator or driver of the vehicle is present; or

enter, without consent, for a restricted purpose, any commercial passenger vehicle premises, at any time during which commercial passenger vehicle operations or other related activities are being carried out or are usually carried out at the premises; or

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enter, without consent, for a restricted purpose, any commercial passenger vehicle at commercial passenger vehicle premises, at any time during which commercial passenger vehicle operations or other related activities are being carried out or are usually carried out at the premises; or

for compliance and investigative purposes, enter any commercial passenger vehicle premises at any time with the consent of the person with control or management, or the occupier, of the premises; or

for compliance and investigative purposes, enter any commercial passenger vehicle at any time with the consent of the operator or driver.

New subsection (2) provides that a taxi compliance officer may also enter any commercial passenger vehicle premises or commercial passenger vehicle if authorised by a search warrant.

New subsection (3) defines restricted purpose. A restricted purpose is a purpose relating to ascertaining whether a commercial passenger vehicle law has been or is being complied with (including whether an offence has been committed against a commercial passenger vehicle law or whether a civil penalty provision has been breached), but only in relation to—

a commercial passenger vehicle or equipment on or in, or ordinarily on or in, a commercial passenger vehicle; or

payments made or due under a driver agreement, but only in specified circumstances; or

payments, fees and charges for the hiring of a taxi-cab, but only in specified circumstances.

New section 228RJ provides that if a taxi compliance officer exercises his or her powers under new section 228RI(1)(a) in circumstances where the operator or driver of the vehicle, or the person controlling, managing or occupying the premises (in each case, as applicable), is not present, then the taxi compliance officer must leave a notice.

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The notice must include the time and purpose of entry, a description of things done while in the vehicle or premises, the time of departure, and the procedure for contacting the Taxi Services Commission for further details of the entry.

New subsection (3) provides that these requirements do not apply to any entry that is authorised by a search warrant.

New section 228RK provides that if a taxi compliance officer exercises his or her powers under new section 228RI(1)(a) in circumstances where the operator or driver of the vehicle, or the person with control or management, or the occupier, of the premises (in each case, as applicable), is not given prior notice of the entry, then the taxi compliance officer must take all reasonable steps as soon as practicable after entry to give notice of the entry.

New section 228RL provides procedures for entries with consent under new section 228RI(1)(b) or (c).

New subsection (2) provides that before asking for consent, the taxi compliance officer must inform the person of the purpose of the entry and that the person is not required to consent.

New subsection (3) provides that if the consent is given, the taxi compliance officer may ask the person to sign an acknowledgement, including that it must state the purpose of entry.

New subsection (4) sets out the requirements for that acknowledgement.

New subsection (5) provides that if the person signs the acknowledgement, the taxi compliance officer must immediately give that person a copy.

New subsection (6) provides that, in any proceeding where an acknowledgement of consent is not provided to the court, it must be presumed until proven otherwise that no consent was given.

New Subdivision 4 (new section 228RM) is entitled "General inspection, inquiry, search and seizure powers".

New section 228RM sets out the powers of taxi compliance officers entering commercial passenger vehicles or commercial passenger vehicle premises under the new Division.

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New subsection (1) provides that a taxi compliance officer may, for the purpose for which an entry is effected do any of the following—

search and inspect the premises, vehicle, or a non-cash payment processing device;

make copies, tests or sketches;

take photographs or film, videotape or otherwise record images or sound;

search for and inspect relevant documents;

require a person at the commercial passenger vehicle premises to produce relevant documents in that person's custody or control;

make copies of any document kept at the commercial passenger vehicle premises;

require a person at commercial passenger vehicle premises or an operator or driver of a commercial passenger vehicle to provide reasonable help (defined in new subsection (5));

exercise any other power conferred by the Principal Act.

New subsection (2) provides that a taxi compliance officer may be assisted by any person in doing any thing under new subsection (1).

New subsection (3) provides that a film, photograph, videotape or image will not be inadmissible only be reason that it includes the likeness of a passenger, provided that the capturing of that likeness does not appear to have been the main reason for taking the film, photograph, videotape or image.

New subsection (4) creates an offence if a person who can be requested to provide reasonable help, fails to do so without reasonable excuse.

New subsection (5) defines reasonable help. Reasonable help includes—

assistance to find and gain access to electronically stored material and information at the commercial passenger vehicle premises or electronically stored

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material, information or equipment on or in, or ordinarily on or in, the commercial passenger vehicle;

running an engine;

operating equipment on or in a commercial passenger vehicle; and

operating a non-cash payment processing device.

New Subdivision 5 (new sections 228RN to 228RQ) is entitled "Search warrants".

New section 228RN permits a taxi compliance officer to apply for a search warrant for a place, commercial passenger vehicle or non-cash payment processing device, if the taxi compliance officer believes on reasonable grounds that there is, or may be within the next 72 hours, evidence in the place, or in or on vehicle or device, of the commission of an offence against a commercial passenger vehicle law or a breach of a civil penalty provision.

Only if the magistrate is satisfied that there are reasonable grounds, the magistrate may issue a search warrant to authorise a taxi compliance officer and any assistants—

to enter the place named or described in the warrant;

to inspect a commercial passenger vehicle or non-cash payment processing device named or described in the warrant; or

to search for and seize any thing named or described in the warrant.

The warrant must state the matters set out in new subsection (3), including the offence or breach of civil penalty provision suspected, the place to be searched or the vehicle or device to be inspected, the thing or information for which the search is to be made, any conditions to which the warrant is subject, the hours of entry and the expiry date of the warrant (which must be within 7 days after its issue). The warrant must not authorise a taxi compliance officer to arrest a person.

The warrant must be issued in accordance with the Magistrates' Court Act 1989 and in the form set out in the rules of court under that Act, and (subject to Division 4ABA of Part VII of the

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Principal Act) the rules to be observed with respect to search warrants in that Act apply to warrants under this clause.

For example, under section 75(2) of the Magistrates' Court Act 1989, an application for a search warrant must be supported by evidence on oath or by affidavit.

New section 228RO provides that, in certain circumstances, a search warrant authorises the taxi compliance officer who executes the warrant also to seize a thing which is not of the kind described in the warrant. Those circumstances are where the officer believes on reasonable grounds that—

the thing is of a kind which will afford evidence about the commission of an offence against a commercial passenger vehicle law or breach of a civil penalty provision; and

it is necessary to seize the thing in order to prevent its use in the commission of such an offence or breach, or its concealment, loss or destruction.

New section 228RP provides that, before executing a search warrant, the taxi compliance officer named in the warrant or an assistant must announce that he or she is authorised by the warrant to enter, and give any person there an opportunity to allow that entry.

This requirement does not apply if the officer or assistant believes on reasonable grounds that immediate entry is needed to ensure the safety of any person or that the effective execution of the warrant is not frustrated.

New section 228RQ requires a taxi compliance officer executing a search warrant to produce his or her identity card, and to give a copy of the warrant, to a person who is, or apparently represents, an occupier of a place, or is the driver or operator of a commercial passenger vehicle, and who is then present.

New Subdivision 6 (new sections 228RR and 228RS) is entitled "Use or seizure of electronic equipment".

New section 228RR provides for the use of electronic equipment (such as a laptop computer or portable disk player) to access information on a disk, tape or device (for example, a non-cash payment processing device, a computer, hard drive, satellite navigation unit, memory stick, EFTPOS machine, or camera

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memory card) found during a search under Division 4ABA of Part VII of the Principal Act.

Information is defined in new section 228RA and is given the same meaning as in the Electronic Transactions (Victoria) Act 2000. That is, information in the form of data, text, images or sound.

New subsection (1) applies if a thing found at commercial passenger vehicle premises or other place or on or in a commercial passenger vehicle is, or includes, a disk, tape or other device for the storage, receipt, generation, transmission or retrieval of information, or is a non-cash payment processing device (defined as an applicable device), and if equipment found at those places, or on or in those vehicles, may be used with the applicable device.

A taxi compliance officer or assistant may operate the equipment to access certain information, or require the occupier of the premises or the operator or driver of the vehicle to do so.

Under new subsection (2), if a taxi compliance officer or assistant finds that an applicable device contains, or has sent, transmitted or generated, certain information, he or she may put the information in documentary form and seize documents so produced or copy the information to another disk, tape or storage device.

If it is not practicable to put the information in documentary form, or copy the information, the officer may seize the applicable device, or the equipment that enables the information to be accessed, or both.

The officer or assistant may only carry out these actions if he or she believes on reasonable grounds that the disk, tape or other device contains information which is relevant to determining whether a commercial passenger vehicle law, civil penalty provision, condition or restriction of an accreditation of an accredited person, or a condition of a commercial passenger vehicle licence has been contravened or breached, and that any operation or seizure of equipment can be carried out without damage to the equipment.

New section 228RS authorises a taxi compliance officer who is exercising a power under Division 4ABA of Part VII of the Principal Act to bring to, onto, or into commercial passenger

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vehicle premises or a place, or to a commercial passenger vehicle, any equipment reasonably necessary for the examination or processing of things found there, to determine whether they are things that may be seized.

New subsection (2) also authorises an officer or an assistant to operate equipment already at commercial passenger vehicle premises or a place or on or in a commercial passenger vehicle for the examination or processing of a things found there, if the officer or assistant believes on reasonable grounds that the equipment is suitable and the examination or processing can be carried out without damage to the equipment.

New Subdivision 7 (new sections 228RT to 228RX) is entitled "Seized things".

New section 228RT requires a taxi compliance officer to give a receipt for a thing seized under Division 4ABA of Part VII of the Principal Act. The receipt must identify the thing seized, the name of the taxi compliance officer who seized the thing, and the reason why it was seized. The receipt must be given to the person in charge (defined in new subsection (4)) of the thing at the place or vehicle from which it was taken.

If it is not practicable to do so, provision is made for leaving the receipt in a conspicuous position and in a reasonably secure way at the place or on the vehicle from which the thing was seized, or sending the receipt by post.

New subsection (4) defines person in charge. In relation to a place, the person in charge is the occupier or a person who apparently represents the occupier who is present at the place. In relation to a commercial passenger vehicle, the person in charge is the operator or driver.

New section 228RU provides that a taxi compliance officer who seizes a document or other thing that can readily be copied or a storage device containing information that can readily be copied under Division 4ABA of Part VII of the Principal Act must give a copy of the document, thing or information to the owner or custodian of the document, thing or device as soon as practicable after the seizure.

This requirement does not apply if the officer is unable to discover the identity of the owner or custodian.

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New section 228RV requires a taxi compliance officer to take reasonable steps to return a thing seized under Division 4ABA of Part VII of the Principal Act if the reason for its seizure no longer exists.

If the thing has not been returned before the end of the retention period (defined in new section 228RA), the taxi compliance officer must take reasonable steps to return it unless—

proceedings have commenced within the retention period and the proceedings (including any appeal) have not been completed; or

the Magistrates' Court makes an order under new section 228RW extending the retention period; or

the thing has been forfeited to the State under new section 228RX.

New section 228RW empowers the Magistrates' Court, on application of a taxi compliance officer within the retention period or any extension to it, to extend the retention period. The Magistrates' Court may order an extension only if satisfied that retention of the thing is necessary—

for the purposes of an investigation into whether an offence has been committed against a commercial passenger vehicle law or a breach of a civil penalty provision has occurred; or

to enable evidence of an offence against a commercial passenger vehicle law to be obtained for the purposes of a prosecution.

An application may be adjourned to enable notice of it to be given to any person.

New section 228RX provides for the forfeiture to the State of seized things in certain limited circumstances.

The first two circumstances are where the taxi compliance officer cannot find the owner of the thing after making reasonable inquiries or cannot return the thing after making reasonable efforts.

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The third circumstance is where the taxi compliance officer reasonably believes it is necessary to retain the thing to prevent the commission of an offence against a commercial passenger vehicle law or a breach of a civil penalty provision.

In that case, the taxi compliance officer must give written notice to the owner of the thing, unless the person cannot be found after reasonable inquiries.

The notice must set out how the owner may seek review of the decision.

New Subdivision 8 (new sections 228RY and 228RZ) is entitled "Directions".

New section 228RY empowers a TSC Commissioner or taxi compliance officer to, for compliance and investigative purposes, direct a specified person (defined in new section 228RB) or a provider of a non-cash payment processing service to provide—

any information or document required to be kept under a commercial passenger vehicle law; or

any information or document, device or other thing in the person's possession or control relating to taxi operations, the provision of taxi-cab network services, the provision of a non-cash payment processing service, or a taxi non-cash payment surcharge.

New subsection (2) provides that the direction must state where, to whom and how the information, document, device or other thing is to be produced. New subsections (3) and (4) provide additional detail in relation to what may be addressed in a direction.

New subsection (5) provides that the TSC Commissioner or taxi compliance officer may do any of the following—

inspect any document, device or other thing that is produced;

copy or put into printable form any document or copy any other thing that is produced;

seize and remove any document, device or other thing that is produced and which the TSC Commissioner or taxi compliance officer believes on reasonable grounds, or may on further inspection provide, evidence of a

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contravention of a commercial passenger vehicle law or a breach of a civil penalty provision.

Under new subsection (6), a refusal or failure to comply with such a requirement without reasonable excuse is an offence.

Under section 38 of the Interpretation of Legislation Act 1984, "document" is widely defined so as to include, for example, a device containing data in electronic form, a photograph, a disc, tape soundtrack or other device in which sounds or data other than visual images are embodied, and a film, microfilm, negative tape or other device in which visual images are embodied.

New section 228RZ provides that a TSC Commissioner or a taxi compliance officer may give a direction under new section 228RY orally or in writing.

Under new subsection (2), if giving a direction orally, the TSC Commissioner or the taxi compliance officer must state whether it is to be complied with immediately or within a specified period, and must warn the person that it is an offence under new section 228RY(6) to fail to comply with the direction.

Under new subsection (3), if giving a direction in writing, the TSC Commissioner or the taxi compliance officer must ensure that the direction states the period for compliance and that it is an offence under section 228RY(6) to fail to comply with the direction.

New subsection (4) provides that a written direction may be given by post.

New Subdivision 9 (new sections 228RZA to 228RZE) is entitled "Miscellaneous provisions relating to enforcement powers".

New section 228RZA provides that a taxi compliance officer must use no more force than is reasonably necessary to effect an entry into a place or any commercial passenger vehicle or do the thing for which entry is effected.

New section 228RZB requires a taxi compliance officer, in exercising powers under Division 4ABA of Part VII of the Principal Act, to cause as little inconvenience as possible and not to remain at a place or in any commercial passenger vehicle longer than is reasonably necessary.

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New section 228RZC requires the Taxi Services Commission to pay compensation for any damage caused by a taxi compliance officer, or a person assisting an officer, in exercising a power conferred by Division 4ABA of Part VII of the Principal Act.

New subsection (2) provides that the Taxi Services Commission is not liable to pay compensation for any damage caused during an inspection or search under new Subdivision 4, or under a search warrant executed under Subdivision 5, if the thing damaged provides evidence of a contravention of a commercial passenger vehicle law or breach of a civil penalty provision, and the damage was no more than was reasonably necessary.

New subsection (3) provides that in determining the amount of compensation payable in relation to damage to electronic equipment (such as a computer, portable storage device or CCTV system), regard must be had to whether—

the occupier of the place and the employees and agents of the occupier, if they were available at the time; or

the operator or driver of the commercial passenger vehicle—

had provided any warning or guidance as to the operation of the equipment that was appropriate in the circumstances.

Note that an officer may also require a person to provide reasonable help under new section 228RM, which would include help in operating the electronic equipment or device.

New section 228RZD abrogates the privilege against self-incrimination in relation to complying with a direction given under Division 4ABA of Part VII of the Principal Act (for example, under new sections 228RM or 228RY).

Under new subsection (2), relevant information (defined in new subsection (3)) is not admissible against the person in criminal or civil penalty proceedings (other than in respect of the provision of false information). Further, relevant information must not be used in any action, proceeding or process that may make the person liable to a penalty.

New subsection (2) provides a person required to comply with a direction with direct and derivative use immunity in respect of the relevant information provided in compliance with the direction, and any matters found as a consequence.

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The immunity extends to provide protections in respect of the penalty privilege, which applies in proceedings for a civil penalty. Civil penalties are pecuniary penalties which are civil in nature, do not constitute criminal offences and do not include the possibility of imprisonment. A person subject to the possibility of a civil penalty is not ordinarily obliged to provide evidence against themselves.

New subsection (4) provides that, despite new subsection (2), certain information is nevertheless admissible against a person. This "carve-out" relates to any information contained in any document or item which is required to be kept under a commercial passenger vehicle law. That is because the information, document or item is required to be kept, and will be available, in any event.

New section 228RZE preserves legal professional privilege in relation to documents and information.

New Subdivision 10 (new sections 228RZF to 228RZH) is entitled "Review of decisions".

New section 228RZF, includes a Table that sets out—

provisions under which a decision is made that is reviewable (known as a reviewable decision); and

the person who is eligible to apply for a review of the particular decision (referred to as the eligible person). This will typically be the person who is affected by the decision.

As at the date of enactment, there will be only one provision included in the Table. A review can be requested of a decision to forfeit a thing to the State under new section 228RX. A review of such a decision may be made by the owner of the thing forfeited.

New section 228RZG enables an eligible person to apply to the Taxi Services Commission for a review of a "reviewable decision".

Under new subsection (1)(a), an application for review in relation to an eligible decision made by a taxi compliance officer must be made within 28 days after the decision was made. Otherwise, under new subsection (1)(b), an application for review must be made with 28 days after the day on which the decision first came

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to the eligible person's attention, or such longer period as the Taxi Services Commission allows.

Under new subsection (2), the application must be in the form approved in writing by the Taxi Services Commission.

Under new subsection (3), the Taxi Services Commission can affirm or vary the decision, or set it aside and make a new decision that the Taxi Services Commission considers appropriate.

Under new subsection (4), the Taxi Services Commission must give a written notice to the applicant within 28 days after the application is made setting out—

the Taxi Services Commission's decision and the reasons for it; and

the findings on material questions of fact that led to the decision, referring to evidence or other material on which those findings were based.

Under new subsection (5), if the Taxi Services Commission has not notified the applicant of a decision within the time allowed then the Taxi Services Commission is taken to have affirmed the decision.

Under new subsection (6), the decision continues to have effect in the meantime, unless it is stayed by the Taxi Services Commission.

Under new subsection (7), if an application is made for a stay then the Taxi Services Commission must decide that application within 24 hours. Under new subsection (8), if the Taxi Services Commission fails to do this then the Taxi Services Commission is taken to have granted the stay.

Under new subsection (9), conditions may be attached to any stay or the operation of a reviewable decision that the Taxi Services Commission considers appropriate.

New section 228RZH enables an eligible person to apply to VCAT for review of a reviewable decision made by the Taxi Services Commission.

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Under new subsection (2), the application for review must be lodged with VCAT within 28 days after—

notice of the decision was given; or

if a person requests a statement of reasons under section 45 of the Victorian Civil and Administrative Tribunal Act 1998, the day on which the statement of reasons is given or the person is informed that a statement of reason will not be given.

New Subdivision 11 (new section 22RZI ) is entitled "Regulations".

New section 228RZI provides for the making of regulations, including in relation to non-cash payment processing services, and any other matter or thing prescribed or necessary to be prescribed to give effect to Division 4ABA of Part VII.

Under new subsection (2), regulations may—

be of general or limited application;

differ according to differences in time, place or circumstance;

prescribe penalties of not more than 20 penalty units for contravention of the regulations;

confer a discretionary power or discretionary authority;

apply, adopt or incorporate (with or without modification) any matter contained in a document as in force at the time the regulations are made or any time before then; and

may provide for exemptions.

Clause 38 amends section 226(1) of the Principal Act such that if a body corporate commits an offence against new section 228RY(6), then an officer of the body corporate also commits an offence against the provision if the officer failed to exercise due diligence to prevent the commission of the offence by the body corporate.

In March 2008, the Council of Australian Governments (COAG) agreed to a project to harmonise provisions in legislation that impose liability on directors and other corporate officers where a corporation has breached the criminal law.

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Section 226(1) of the Principal Act is derived from model provisions which have been developed to ensure greater consistency in directors' liability provisions in Victorian statutes and which are more aligned with nationally determined principles.

Division 5—Abolition of Public Transport Fund amendments

Clause 39 repeals section 11 of the Principal Act. Section 11 establishes the Public Transport Fund.

Clause 40 omits reference to the "Public Transport Fund" from section 12(4) of the Principal Act, which provides for financial assistance to be provided to train drivers following fatal incidents. The Secretary of the Department of Transport, Planning and Local Infrastructure is responsible for paying financial assistance to train drivers that are eligible under the section. Financial assistance must be paid as a lump sum.

Clause 41 inserts new Division 11 in Part VIII after section 350 of the Principal Act. New Division 11 provides for the abolition of the Public Transport Fund in accordance with an Order that specifies the money that is to be transferred on a day specified in the order.

New section 351 defines—

commencement day to mean the day on which section 39 of the Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 comes into operation;

general fund to mean the general fund established under section 79VE of the Transport Integration Act 2010;

money standing to the credit of the old fund as including money that is income from the investment of money standing to the credit of the old fund and that is the proceeds of sale of any investment;

specified day to mean the day specified in an Order under section 353(1);

old fund to mean the Public Transport Fund established under section 11 as in force immediately before the commencement day.

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New section 352 continues the operation of old fund until the fund is abolished on the specified day in accordance with new section 354.

New subsection (1) specifies that on and after the commencement day, the old fund continues to operate despite the repeal of section 11.

New subsection (2) makes it clear that while the old fund is continued under this section—

section 11 continues in force as if it had not been repealed; and

section 12(4) continues in force as if it had not been amended by section 40 of the Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014.

New subsection (3) provides that nothing in this section affects the abolition of the old fund in accordance with section 354. In effect, the old fund will continue to operate as it has since it was established until the specified day. On the specified day, money standing to the credit of the old fund will be transferred out of the old fund and the old fund will be abolished.

New section 353 specifies the money to be transferred from the old fund to the general fund or the Consolidated Fund.

New subsection (1) enables the Governor in Council, on the recommendation of the Minister and Treasurer, by Order published in the Government Gazette, to specify—

an amount of money standing to the credit of the old fund that is to be transferred to the general fund; and

the day on which the amount of money specified under paragraph (a) is to be transferred (the specified day).

New subsection (2) provides that the amount of money specified in an Order under subsection (1) may be an amount specified in the Order or an amount that can be determined—

through the application of a formula or methodology specified in the Order; or

by reference to the basis on which it was paid or is payable into the old fund.

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New section 354(1) provides that on the specified day—

the amount of money specified under an Order under section 353(1) is paid out of the old fund and forms part of the general fund; and

all other money standing to the credit of the old fund forms part of the Consolidated Fund; and

the old fund is abolished.

In addition, new section 354(2) specifies that—

all amounts that are received on and after the specified day under agreements, leases or licences to which the Crown, or another person on behalf of the Crown, is a party relating to, or connected with, passenger services or other transport services that would have been payable into the old fund before its abolition must be paid into the Consolidated Fund; and

all amounts allocated to the Crown on and after the specified day in accordance with any agreement referred to in section 34(2A)(a) of the Transport Integration Act 2010 that would have been payable into the old fund before its abolition must be paid into the Consolidated Fund.

New section 355 substitutes references to the old fund in any Act, subordinate instrument, agreement, lease, licence or other document with a reference to the general fund or the Consolidated Fund.

New subsection (1) specifies that a reference to the old fund in any Act, subordinate instrument, agreement, lease, licence or other document to the extent that it relates to any money specified in an Order under section 353(1)(a) is taken to be a reference to the general fund, unless the contrary intention appears.

New subsection (2) specifies that a reference to the old fund in any Act, subordinate instrument, agreement, lease, licence or other document to the extent that it relates to any money to which section 354(1)(b) applies is taken to be a reference to the Consolidated Fund, unless the contrary intention appears.

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Division 6—Other amendments

Clause 42 makes amendments to allow regulations to be made to facilitate the enforcement of car parking restrictions in or on any place belonging to, or under the control of Rail Track, a passenger transport company, a rail freight operator or a bus company.

Subclause (1) makes amendments to section 56(1)(ga) of the Principal Act to make it clear that regulations can be used to regulate the circumstances in which vehicles may be parked or removed from the place and clarifies that regulations may specify that operator onus applies under Part 6AA of the Road Safety Act 1986.

Subclause (1) substitutes subparagraphs (iv) and (v).

In both cases, the change is that the regulations may provide for the giving of requirements or directions that—

relate to the removal of vehicles; and

apply to a vehicle that is at or has just left the place.

Subclause (1) also provides that regulations can be made to authorise persons acting on behalf of the person in control of the place to do anything that is necessary to enable the enforcement of regulations under 56(1)(ga) of the Principal Act.

Subclause (2) makes amendments to section 56(3)(c) of the Principal Act to provide power to make regulations in which any matter or thing to be from time to time may be determined, applied, dispensed with or regulated by a passenger transport company or by any officer thereof.

Clause 43 substitutes reference to "by the use of a debit, credit or charge card" with ", other than by means of cash," in the definition of taxi non-cash payment transaction included in section 86(1) of the Principal Act. The change confirms the intent to regulate taxi non-cash payment surcharges in relation to all non-cash payments.

Clause 44 substitutes section 167(1E) of the Principal Act with a new subsection (1E). Existing subsection (1E) requires the licensing authority to publish the name and provider of any course of training specified under this section on the Secretary's Internet site. New subsection (1E) recognises that the licensing authority

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has its own Internet site and so the obligation should be to publish on the licensing authority's Internet site.

Clause 45 inserts new Division 1C of Part VIII after Division 1B of Part VIII of the Principal Act. The Division relates to wheelchair accessible taxi-cabs operating in the Melbourne metropolitan zone in respect of which licences were granted under section 143A(2) and in accordance with an Order published in the Government Gazette in June 2010. The intended effect of the new Division is to reduce the annual licence fee to be paid by the holders of these licences to the relevant amount prescribed in the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013.

New section 246CZE defines terms used in the Division, including 2010 Order, 2014 amending Order, new taxi-cab licence, taxi-cab, taxi-cab licence, WAT fixed term licence and wheelchair accessible taxi-cab.

New section 246CZF changes the third and subsequent annual instalment amounts for licence fees for WAT fixed term licences.

New subsection (1) makes it clear that new section 246CZF applies despite anything to the contrary in section 143A of the Principal Act or the 2010 Order but is subject to adjustments specified in section 246CZG.

New subsection (2) changes the third and subsequent instalment amounts payable in respect of a licence fee for a WAT fixed term licence by substituting instalment amounts with the amounts set out in Table that is specified in the subsection. The amounts specified in the Table are the same as the annual licence fees specified in section 17 of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013 as being applicable to wheelchair accessible taxi-cabs licenced to operate in the Melbourne metropolitan zone. Section 17 of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013 inserts new section 147A(2B) into the Principal Act. New taxi-cab licences are not required to pay the annual licence fee payable under section 147A(1) of the Principal Act which is why the instalments prescribed in the Table are adjusted by this amount.

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The note included at the end of the section makes it clear that the licence fee for a WAT fixed term licence is payable in 10 annual instalments. This is why the Table specifies the amount of the third, fourth and fifth to tenth instalments.

New subsection (3) specifies that each instalment amount set out in the Table in subsection (2) is taken to be payable on the anniversary on the relevant anniversary of the day on which the applicable WAT fixed term licence was granted. An example is provided at the end of the subsection.

New subsection (4), to avoid doubt, makes it clear that—

rule 16.4 of the Rules set out in Appendix 1 to the 2010 Order continues to apply in relation to the payment of the instalment amounts set out in the Table in subsection (2); and

the section does not affect any right a holder of a WAT fixed term licence has to apply under section 146AAA to have that licence converted into a new taxi-cab licence.

New section 246CZG specifies how payments will be reconciled in circumstances specified in subsection (1).

New subsection (1) specifies that section 246CZG applies in circumstances where WAT fixed term licence holders have already paid in excess of the third or fourth instalment amount before the commencement of section 45 of the Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014.

New subsection (2) specifies that the excess amount is taken to be an amount that is to the credit of the holder of the WAT fixed term licence and must be set off against the next instalment amount that is payable by the holder in respect of the licence fee for the WAT fixed term licence.

New section 246CZH revokes the 2014 amending Order. To avoid doubt, the 2010 Order is taken to have not been amended by paragraph 6 of the 2014 amending Order.

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Clause 46 makes statute law revisions.

Subclause (1) substitutes "section" for "Section" in the definition of Safety Director in section 2(1) of the Principal Act to correct a capitalisation error.

Subclause (2) substitutes a reference to "subsection (1)" with a reference to "subsection (1A)" in section 136(3) of the Principal Act to correct an internal cross-reference error.

Subclause (3) substitutes a reference to "section 1361(1)" with "section 136A(1)" in section 136A(3) of the Principal Act to correct a section reference error.

Subclause (4) substitutes "to pay" for "pay" in section 212AA(5) of the Principal Act to correct a grammatical error.

PART 3—AMENDMENT OF TRANSPORT LEGISLATION AMENDMENT (FOUNDATION TAXI AND HIRE CAR

REFORMS) ACT 2013

Part 3 of the Bill provides for amendments to the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013 to further enhance the reforms made by the provisions in that Act.

Clause 47 amends section 11 of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013 by inserting new subsection (6A) after proposed new section 143B(6) of the Transport (Compliance and Miscellaneous) Act 1983.

New subsection (6A) provides that despite anything to the contrary in section 143B, the licensing authority may include within a Zone the area compromising Avalon Airport despite that area also being included within another Zone.

Clause 48 makes amendments to section 13(1) of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013 to provide for variations to Zone conditions for pre-booked taxi-cabs.

Subclause (1) amends section 13(1) of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013 by substituting ", (bd) and (bda)" for "and (bd)" in proposed new section 144(1)(ba) of the Transport (Compliance and Miscellaneous) Act 1983.

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Subclause (2) amends section 13(1) of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013 by substituting new paragraphs (bb), (bc), (bd) and (bda) for paragraphs (bb), (bc) and (bd) in proposed new section 144(1) of the Transport (Compliance and Miscellaneous) Act 1983.

New paragraph (bb) provides that in the case of a commercial passenger vehicle that is a taxi-cab in the licence of which the Melbourne Metropolitan Zone is specified, the vehicle may, if pre-booked to do so, pick up a passenger outside that Zone and drop him or her off in any Zone but cannot drop off a passenger picked up in the Urban and Large Regional Zone in the Urban and Large Regional Zone.

New paragraph (bc) provides that in the case of a commercial passenger vehicle that is a taxi-cab in the licence of which the Urban and Large Regional Zone is specified, the vehicle may, if pre-booked to do so, pick up a passenger outside that Zone and drop him or her off in any Zone but cannot drop off a passenger picked up in the Melbourne Metropolitan Zone in the Melbourne Metropolitan Zone and may only drop him or her off in another Zone if that Zone is specified for that taxi-cab by a notice published under subsection (1BA).

New paragraph (bd) provides that in the case of a commercial passenger vehicle that is a taxi-cab in the licence of which the Regional Zone is specified, the vehicle may, if pre-booked to do so, pick up a passenger outside that Zone and drop him or her off in any Zone but cannot drop off a passenger picked up in the Melbourne Metropolitan Zone or the Urban and Large Regional Zone in the Zone in which he or she was picked up and may only drop him or her off in another Zone if that Zone is specified for that taxi-cab by a notice published under subsection (1BA).

New paragraph (bda) provides that in the case of a commercial passenger vehicle that is a taxi-cab in the licence of which the Country Zone is specified, the vehicle may, if pre-booked to do so, pick up a passenger outside that Zone and drop him or her off in any Zone but cannot drop off a passenger picked up in a Zone other than the Country Zone in the Zone in which he or she was picked up and may only drop him or her off in another Zone if that Zone is specified for that taxi-cab by a notice published under subsection (1BA).

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Subclause (3) inserts new subsection (2A) after section 13(2) of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013.

New subsection (2A) inserts new subsections (subsections (1BA) to (1BC)) after section 144(1B) of the Transport (Compliance and Miscellaneous) Act 1983 to provide for the licensing authority to make variations to Zone conditions for pre-booked taxi-cabs by notice published in the Government Gazette.

New subsection (1BA) provides that the licensing authority, by notice published in the Government Gazette, may permit a specified commercial passenger vehicle that is a taxi-cab or a specified class of such vehicles or all such vehicles, if pre-booked to do so, to drop off a passenger picked up in a regulated zone in a taxi-cab zone referred to in section 143B(1) that is specified in the notice.

New subsection (1BB) provides that the licensing authority may only act under subsection (1BA) if it considers that to do so is in the interests of existing and future users of taxi-cab services in the zone proposed to be specified in the notice.

New subsection (1BC) provides that in subsection (1BA) regulated zone means—

for a taxi-cab in the licence of which the Urban and Large Regional Zone is specified, the Melbourne Metropolitan Zone; or

for a taxi-cab in the licence of which the Regional Zone is specified, the Melbourne Metropolitan Zone or the Urban and Large Regional Zone; or

for a taxi-cab in the licence of which the Country Zone is specified, a Zone other than the Country Zone.

Clause 49 repeals section 19(1) of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013. This provision is made redundant by clause 29(4) of this Bill.

Clause 50 amends the implied conditions of commercial passenger vehicle licences as to fares or hiring rates for taxi-cabs.

Subclause (1) substitutes a new subsection for section 24(2) of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013.

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New section 24(2) inserts new paragraphs (db) and (dc) before section 144(1)(e) of the Transport (Compliance and Miscellaneous) Act 1983.

New paragraph (db) provides that, in the case of a commercial passenger vehicle that is a taxi-cab in the licence of which the Melbourne Metropolitan Zone or the Urban and Large Regional Zone is specified, that no fare or hiring rate is to be charged that is in excess of that permitted by a determination made by the Essential Services Commission under Division 5A.

The purpose of the amendment is to limit the amount a Melbourne Metropolitan Zone or Urban and Large Regional Zone taxi may charge to that permitted by the Essential Services Commission.

New paragraph (dc) provides that, in the case of a commercial passenger vehicle that is a taxi-cab in the licence of which the Regional Zone or the Country Zone is specified, that no fare or hiring rate is to be charged that is in excess of that notified to, and published by, the licensing authority under Division 5AB.

The purpose of the amendment is to limit the amount a Regional Zone or Country Zone taxi may charge to the notified amout.

Subclause (2) inserts ", (1)(dc)" after "(1)(db)" in section 24(3) of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013.

The amendment ensures that a person who breaches the proposed new licence conditions to be inserted by clause 50(1) is guilty of an offence.

Clause 51 makes changes to powers in relation to fare regulation.

Subclause (1) inserts ", 5AB" after "5A" in the heading to section 28 of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013.

Subclause (2) amends section 28(1) of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013 by inserting "in Melbourne Metropolitan Zone and Urban and Large Regional Zone" after "fares" in the heading to proposed new Division 5A of Part VI of the Transport (Compliance and Miscellaneous) Act 1983.

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Subclause (3) amends section 28(1) of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013 by inserting ", in the licence of which the Melbourne Metropolitan Zone or the Urban and Large Regional Zone is specified," after "taxi-cabs" in proposed new section 162C(1)(a) of the Transport (Compliance and Miscellaneous) Act 1983.

The purpose of the amendment is to limit the scope of the Essential Services Commission's power in relation to the determination of fares and hiring rates to the taxi-cabs in which the Melbourne Metropolitan Zone and the Urban and Large Regional Zone is specified in the licence.

Subclause (4) amends section 28(1) of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013 to make statute law revisions.

New paragraph (a) substitutes "section 28(1)" for "section 28" in proposed new section 162E(4) of the Transport (Compliance and Miscellaneous) Act 1983.

New paragraph (b) substitutes "operation." for 'operation.".' in proposed new section 162E(4) of the Transport (Compliance and Miscellaneous) Act 1983.

Subclause (5) amends section 28(1) of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013 to insert new Division 5AB after proposed new section 162E(4) of the Transport (Compliance and Miscellaneous) Act 1983.

New Division 5AB (new sections 162EA to 162ED) is entitled "Notification, publication and monitoring of taxi fares and hiring rates in the Regional and Country Zones".

New Division 5A provides for a fare notification and publication scheme for taxis in regional and country zones. The scheme requires taxi operators to develop their own fares and hiring rates and comply with the requirements to notify the Taxi Services Commission and customers of those fares and hiring rates.

New section 162EA provides that the licensing authority be notified of maximum taxi fares and hiring rates in the Regional and Country Zones.

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New subsection (1) provides that new section 162EA applies only in relation to a taxi-cab in the licence of which the Regional Zone or the Country Zone is specified.

New subsection (2) provides that the holder of a taxi-cab operator accreditation must not begin to operate a taxi-cab unless—

the holder, or a person referred to in subsection (3), has submitted to the licensing authority a notice in the form approved by the authority containing the prescribed information relating to the maximum fares or hiring rates to be charged in respect of the taxi-cab; and

the terms of that notice have been published by the licensing authority on its internet site as required by new section 162EB(1).

This offence carries a maximum penalty of 60 penalty units for a natural person and 300 penalty units for a body corporate.

The purpose of this requirement is to ensure that new operators have notified fares and hiring rates. On commencement of the provision, existing operators will have been taken to notify the Taxi Services Commission under proposed new subsection (4).

New subsection (3) provides that a person accredited to provide taxi-cab network services (taxi-cab network services is defined in Division 4 of Part VI of the Transport (Compliance and Miscellaneous) Act 1983) who has entered into arrangements with the holder of a taxi-cab operator accreditation in respect of a particular taxi-cab may submit to the licensing authority the notice referred to in subsection (2)(a) in respect of that taxi-cab.

The purpose of the provision is to permit a network service provider to act as an agent of the operator to achieve compliance with the section (other than determining fares or hiring rates).

New subsection (4) provides that a person who was the operator of a taxi-cab immediately before the commencement of section 24(2) of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013 is to be taken to have submitted to the licensing authority in respect of the taxi-cab, and the licensing authority is to be taken to have received, a notice of a kind referred to in subsection (2)(a) that specifies, as the maximum fares or hiring rates to be charged in respect of the taxi-cab, the fares or hiring rates as determined by the Minister immediately before that commencement.

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New subsection (5) provides that, if at any time the operator of a taxi-cab proposes to vary the maximum fares or hiring rates to be charged in respect of the taxi-cab, the operator, or a person referred to in subsection (3), may submit to the licensing authority a notice of a kind referred to in subsection (2)(a) in respect of the taxi-cab.

This provision permits an operator to vary the fares and hiring rates at any time by resubmitting a notice to the Taxi Services Commission.

New subsection (6) provides that, without limiting section 115F(1)(de) of the Transport Integration Act 2010, the licensing authority must prepare material to provide practical guidance and information to the holders of a taxi-cab operator accreditation or provider of taxi-cab network services accreditation on—

the development of new fare or hiring rates; and

the effect of this section.

New section 162EB provides that the licensing authority must publish maximum taxi fares and hiring rates in Regional and Country Zones.

New subsection (1) provides that the licensing authority, within 5 business days after receiving, or being taken to have received, a notice of a kind referred to in section 162EA(2)(a) must—

publish, on its internet site, the terms of the notice; and

notify the operator of any taxi-cab to which the notice relates of the date on which it published, or intends to publish, it on its internet site.

New subsection (2) provides that a notification under subsection (1)(b) must be—

in writing; and

given to the operator as soon as practicable after the licensing authority receives, or is taken to have received, the notice.

New subsection (3) provides that the licensing authority may also publish on its internet site, in any form that it considers appropriate, information about the maximum fares or hiring rates

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that may be charged in any area within the Regional or the Country Zone.

New section 162EC provides that operators of taxi-cabs in Regional and Country Zones must notify hirers of maximum fares and hiring rates.

The purpose of the provision is to ensure that customers are able to make informed choices and are aware of the fares and hiring rates that apply in respect of the taxi service. It is proposed to prescribe in regulation the method(s) in which information on fares and hiring rates is made available.

This offence carries a maximum penalty of 20 penalty units.

New section 162ED provides for the Essential Services Commission to monitor prices, costs and return on assets in Regional and Country Zones.

New subsection (1) provides that during the five year period beginning on the commencement of section 28(1) of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013 the Essential Services Commission must monitor the prices, costs and return on assets in the taxi industry in the Regional Zone and the Country Zone with a view to—

keeping Victorian consumers and the Government informed about the economic performance of that industry; and

supporting the efficient operation of that industry by—

monitoring, describing and analysing trends in prices, costs and return on assets; and

identifying and highlighting potential areas of misuse of market power that warrant further investigation.

The Bill notes that the Essential Services Commission has power to obtain information and documents under section 37 of the Essential Services Commission Act 2001.

New subsection (2) provides that the reference in subsection (1) to the taxi industry in the Regional and Country Zone is a reference to the services provided by taxi-cabs in the licence of which the Regional or Country Zone is specified.

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New subsection (3) provides that the Essential Services Commission must prepare an annual report on the conduct of its activities under this section and may at any time, on its own initiative, prepare a special report on the conduct of those activities.

New subsection (4) provides that, in preparing the report, the Essential Services Commission must have regard to the need to ensure that information obtained by it that is of a commercially sensitive nature is not disclosed in the report.

New subsection (5) provides that the Essential Services Commission must submit a copy of any report prepared by it under this section to the Minister administering this Division and to the licensing authority.

New subsection (6) provides that the Essential Services Commission and the licensing authority must ensure that a copy of any report submitted under subsection (5) is published on its internet site.

Clause 52 provides for amendments to the provisions providing for a dispute resolution process relating to disputes over conditions of driver agreements (within the meaning of Division 5C of Part VI of the Transport (Compliance and Miscellaneous) Act 1983).

The amendments clarify the roles of the Taxi Services Commission, the Victorian Small Business Commissioner, and VCAT in resolving disputes over conditions of driver agreements. The amendments provide for a certification process to provide a clear pathway for parties to ensure that disputes are resolved effectively and efficiently.

Subclause (1) makes amendments to section 32 of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013.

Subclause (1)(a) substitutes "or of service;" for "or of service." in the definition of driver agreement in proposed new section 162J of the Transport (Compliance and Miscellaneous) Act 1983.

Subclause (1)(b) inserts the definition of Small Business Commissioner after the definition of driver agreement in proposed new section 162J of the Transport (Compliance and Miscellaneous) Act 1983.

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Small Business Commissioner is defined to mean the Small Business Commissioner appointed under section 4 of the Small Business Commissioner Act 2003.

Subclause (2) amends section 32 of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013 to insert new Subdivision 2A after Subdivision 2 in proposed new Division 5C of Part VI of the Transport (Compliance and Miscellaneous) Act 1983.

New Subdivision 2A (new sections 162MA to 162MC) is entitled "Preliminary assistance in dispute resolution".

New Subdivision 2A provides that the Taxi Services Commission is the shop front for disputes. The Taxi Services Commission will make an assessment of the nature of the dispute and make a decision on the appropriate course of action including informing the parties of the law, enforcement of the law, mediation or other dispute resolution, or arbitration of the dispute.

New section 162MA provides for the referral of disputes to the Taxi Services Commission.

New subsection (1) provides that either party, or both parties, to a driver agreement, or a person proposing to enter into a driver agreement, may refer to the Taxi Services Commission a dispute concerning a condition of the agreement or proposed agreement.

New subsection (2) provides that as soon as practicable after a dispute is referred to it under section 162MA(1) the Taxi Services Commission must make an assessment as to the nature of the dispute.

New subsection (3) provides that, after having made an assessment as to the nature of the dispute, the Taxi Services Commission must decide—

to provide preliminary assistance in resolving the dispute; or

in the case of a dispute concerning a condition of an agreement, to take action to enforce compliance with the agreement; or

to do both if there are different aspects to the dispute.

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New subsection (4) provides that if the Taxi Services Commission considers that the dispute may raise an issue of important public policy and it has not decided to take action to enforce compliance with the agreement under new subsection (3)(b), it must notify the Minister in writing about the dispute.

New subsection (5) provides that preliminary assistance that may be provided by the Taxi Services Commission includes the giving of advice designed to ensure that—

the parties are fully aware of their rights and obligations; and

there is full and open communication between the parties concerning the matter.

New subsection (6) provides that a statement or admission made in the course of the provision by the Taxi Services Commission of preliminary assistance is not admissible in proceedings before VCAT under Subdivision 4 or in any other legal proceedings.

New section 162MB provides that the Minister may refer disputes directly to VCAT.

New subsection (1) provides that section 162MB(2) applies if the Minister considers that the subject matter of a dispute of which he or she has been notified under section 162MA(4) raises an issue of important public policy.

New subsection (2) provides that the Minister may refer the dispute directly to the Tribunal for hearing under Subdivision 4, even if the Taxi Services Commission is in the process of providing preliminary assistance.

New section 162MC provides that unresolved disputes may be referred to the Small Business Commissioner or VCAT.

New subsection (1) provides that the Taxi Services Commission may certify in writing that—

preliminary assistance under Subdivision 2A has failed to resolve the dispute; or

preliminary assistance under Subdivision 2A has failed to resolve the dispute and, in its opinion, the dispute is unlikely to be resolved with the assistance of the Small Business Commissioner.

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New subsection (2) provides that a certificate issued under section 162MC(1) must state that a party or both parties may refer the dispute—

to the Small Business Commissioner if the certificate certifies as set out in subsection (1)(a); or

to VCAT if the certificate certifies as set out in subsection (1)(b).

New subsection (3) provides that as soon as practicable after issuing a certificate under subsection (1), the Taxi Services Commission must provide a copy of it to the parties to the dispute.

New subsection (4) provides that within 30 days after receiving a copy of a certificate under section 162MC(1), a party or both parties to the dispute may refer the dispute to the Small Business Commissioner or VCAT, as the case requires.

New subsection (5) provides that this section does not apply, or ceases to apply, if the Minister refers the dispute directly to VCAT under section 162MB(2).

Subclause (3) amends section 32 of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013 to substitute a new section for section 162N(1) of the Transport (Compliance and Miscellaneous) Act 1983.

New section 162N(1) provides that, if a dispute is referred to the Small Business Commissioner under Subdivision 2A, the Small Business Commissioner must make arrangements to facilitate the resolution of the dispute by mediation or another form of alternative dispute resolution as determined by the Small Business Commissioner.

Subclause (4) repeals proposed new section 162O of the Transport (Compliance and Miscellaneous) Act 1983 in section 32 of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013.

This provision is made redundant by the changes made by this clause of this Bill.

Subclause (5) amends section 32 of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013.

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Subclause (5)(a) substitutes "Mediation or other alternative dispute resolution by Small Business Commissioner" for the heading to proposed new section 162P of the Transport (Compliance and Miscellaneous) Act 1983 which is to be inserted by section 32 of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013.

Subclause (5)(b) substitutes a new section 162P(1) for proposed new section 162P(1) and (2).

New section 162P(1) provides that section 162P applies if a dispute is referred to the Small Business Commissioner under Subdivision 2A.

Subclause (5)(c) substitutes "under Subdivision 2A" for "in accordance with this section" in proposed new section 162P.

Subclause (6) amends section 32 of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013 to insert new sections 162PA and 162PB after proposed new section 162P in proposed new Subdivision 3 of Division 5C of Part VI of the Transport (Compliance and Miscellaneous) Act 1983.

New section 162PA provides for the power of the Small Business Commissioner to issue certificates.

New subsection (1) provides that the Small Business Commissioner may certify that alternative dispute resolution under Subdivision 3 has failed to resolve a dispute referred to the Small Business Commissioner under Subdivision 2A or is unlikely to resolve such a dispute.

New subsection (2) provides that a certificate issued under section 162PA(1) must include the details of the parties involved in the dispute.

New subsection (3) provides that the Small Business Commissioner may certify that a party to the dispute has unreasonably refused to participate in alternative dispute resolution under Subdivision 3.

New subsection (4) provides that a certificate issued under section 162PA may be admitted in evidence in proceedings before VCAT or a court.

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New subsection (5) provides that the Small Business Commissioner is not required to give a party to the dispute an opportunity to be heard by, or make submissions to, the Small Business Commissioner before issuing a certificate under section 162PA.

New section 162PB provides that, if the Small Business Commissioner issues a certificate under section 162PA(1), a party or both parties to the dispute may apply to VCAT for one or more orders under section 162S.

Subclause (7) amends section 32 of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013 to substitute a new section 162Q in the Transport (Compliance and Miscellaneous) Act 1983.

New section 162Q provides for the jurisdiction of VCAT.

New subsection (1) provides that the Victorian Civil and Administrative Tribunal has jurisdiction to hear and determine—

the matter of a dispute referred to it—

by the Minister under section 162MB(2); or

by a party or both parties to the dispute in accordance with Division 5C; or

an application by a party, or both parties, to a dispute under section 162PB.

New subsection (2) provides that the Minister or the Taxi Services Commission is not a party to a proceeding in respect of a dispute referred to VCAT as set out in subsection (1)(a) unless joined by VCAT under section 60 of the Victorian Civil and Administrative Tribunal Act 1998.

Subclause (8) amends section 32 of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013 to substitute a new section 162R in the Transport (Compliance and Miscellaneous) Act 1983.

New section 162R provides for the time limits for certain complaints.

New subsection (1) provides that VCAT must commence hearing a dispute, referred to it by the Minister under section 162MB(2), within 30 days after its referral.

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New subsection (2) provides that VCAT, constituted by a presidential member within the meaning of the Victorian Civil and Administrative Tribunal Act 1998, may extend the period of 30 days under section 162R(1) by one further period of not more than 30 days.

Subclause (9) amends section 32 of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013 to substitute "of a driver agreement" for "other than one implied under section 162L" in proposed new section 162S(1)(a) of the Transport (Compliance and Miscellaneous) Act 1983.

Subclause (10) amends section 32 of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013 to substitute new paragraphs (c) to (i) for proposed new section 162S(1)(c) of the Transport (Compliance and Miscellaneous) Act 1983.

New paragraphs (c) to (i) provide that, in addition to the matters prescribed in paragraphs (a) and (b) of section 162S, VCAT may, in a proceeding under Subdivision 4, make one or more orders—

varying any condition of a driver agreement, other than one implied under section 162L; or

declaring that a condition of a driver agreement (other than one implied under section 162L) is, or is not, void; or

ordering the refund of any money paid under a driver agreement or under a void condition of a driver agreement; or

making an order in the nature of an order for specific performance of a driver agreement; or

ordering rescission of a driver agreement; or

ordering rectification of a driver agreement; or

requiring anything else to be done that it is empowered to require to be done under Subdivision 4 or the Victorian Civil and Administrative Tribunal Act 1998.

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Subclause (11) amends section 32 of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013 to make amendments to proposed new section 162T(2) of the Transport (Compliance and Miscellaneous) Act 1983.

Proposed new section 162T(2) relates to the costs borne by each party of a proceeding before VCAT.

Subclause (11)(a) omits "because" in proposed new section 162T(2).

Subclause (11)(b) repeals paragraph (a) of section 162T(2).

Subclause (11)(c), in paragraph (b) of section 162T(2)—

inserts "because" before "the party"; and

substitutes "Subdivision 3; or" for "Subdivision 3.".

Subclause (11)(d) inserts new paragraph (c) after paragraph (b) in section 162T(2).

Subclause (12) repeals proposed new section 162V of the Transport (Compliance and Miscellaneous) Act 1983 in section 32 of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013.

PART 4—AMENDMENT OF TRANSPORT INTEGRATION ACT 2010

Clause 53 inserts new subsection (3A) after section 79VE(3) of the Transport Integration Act 2010 to provide for amendments to the general fund of the Public Transport Development Authority. This amendment is consequential to amendments made by Division 5 of Part 2 of this Bill.

New subsection (3A) provides that the following, in addition to the other matters prescribed in section 79VE, must be paid into the general fund—

all amounts received under agreements, leases or licences to which the Public Transport Development Authority, or another person on behalf of the Authority, is a party relating to, or connected with, passenger services or other transport services; and

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all amounts allocated to the Public Transport Development Authority in accordance with any agreement referred to in section 79AF(2)(e) of the Transport Integration Act 2010.

Clause 54 inserts a new paragraph after section 115F(1)(da) of the Transport Integration Act 2010.

New paragraph (dab) provides that it is a function of the Taxi Services Commission to provide preliminary assistance in resolving disputes concerning a condition of a driver agreement (within the meaning of Division 5C of the Transport (Compliance and Miscellaneous) Act 1983 or a proposed such agreement.

This amendment is consequential to amendments made by clause 52 of this Bill.

Clause 55 provides for amendments to section 197A of the Transport Integration Act 2010.

Paragraph (a) substitutes new definitions for the definitions of decision and regulator.

Decision, of a regulator, is defined to include any determination made, or direction given, by the regulator in the performance of the regulator's statutory functions and duties but does not include—

a direction given by the Director, Transport Safety under Division 2 of Part 4 of the Rail Safety (Local Operations) Act 2006; or

a direction given by the National Rail Safety Regulator under Subdivision 2 of Division 6 of Part 3 of the Rail Safety National Law Application Act 2013.

Regulator is defined to mean—

the National Rail Safety Regulator; or

a road authority; or

a transport safety agency; or

a Transport Corporation; or

a transport system agency.

Paragraph (b) repeals the definition of regulated body.

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Clause 56 substitutes a new section for section 197B of the Transport Integration Act 2010.

New section 197B provides that provides for the resolution of conflict by regulators.

New subsection (1) provides that section 197B applies if—

a person is subject to decisions of different regulators; and

more than one regulator has made a decision in relation to a particular activity; and

in carrying out that activity, it is not possible for the person to comply with all of those decisions.

New subsection (2) provides that the person must notify each of the regulators and the Secretary that it is not possible for the person to carry out the activity and comply with all of the regulator's decisions.

New subsection (3) provides that as soon as practicable after a notification is given under subsection (2), the regulators or their representatives must meet and each regulator must give reasonable consideration to the extent, if any, to which the original decisions may be varied in order that the person may carry out the activity and comply with the decision of all the regulators.

New subsection (4) provides that the Secretary may—

chair the meeting, or any subsequent meeting held in accordance with subsection (3); and

give reasonable directions about the meeting and any subsequent meeting to any of the regulators.

Clause 57 makes amendments to section 197C of the Transport Integration Act 2010.

Subclause (1) substitutes new subparagraphs for section 197C(1)(b)(i) and (ii) of the Transport Integration Act 2010 to change the situations in which the provisions of section 197C apply.

The effect of the amendments is that section 197C, which relates to a determination by the Minister or Ministers, applies if—

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a notification has been given under section 197B(2); and

either—

the Secretary is satisfied that the respective statutory functions and duties of the regulators prevent them from varying their decisions to the extent necessary to enable the person to comply with all the decisions; or

28 days have elapsed since the notification and the regulators have not been able to agree to variations to their decisions to the extent necessary to enable the person to comply with all the decisions.

Subclause (2), in section 197C(3) of the Transport Integration Act 2010—

substitutes "decisions (the approved decisions)" for "decision"; and

substitutes "person" for "regulated body".

Subclause (3) substitutes new paragraphs for section 197C(4)(a) and (b).

Clause 58 substitutes "regulator" for "road authority and the Director, Transport Safety" in section 197D(1) of the Transport Integration Act 2010.

PART 5—AMENDMENT OF OTHER ACTS

Division 1—Heavy Vehicle National Law Application Act 2013

Clause 59 inserts a new definition of member of the force into section 3(1) of the Heavy Vehicle National Law Application Act 2013.

Section 3(1) of the Heavy Vehicle National Law Application Act 2013 is the definitions section for the provisions of the "Application Act" itself, as opposed to the provisions of the Heavy Vehicle National Law (Victoria). Since the term "member of the force" is used in the "application provisions" of the Heavy Vehicle National Law Application Act 2013, it is appropriate that the definition be included.

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Clause 60 repeals the definition of member of the force from section 12(3) of the Heavy Vehicle National Law Application Act 2013, as the definition is being moved to section 3(1) (refer clause 59 above). It also moves the drafting note from subsection (3) to subsection (2).

Clause 61 amends section 31(1) of the Heavy Vehicle National Law Application Act 2013. This will ensure that Victoria Police have authority to commence criminal proceedings in Victoria for a breach of the Heavy Vehicle National Law (Victoria). This will remove current doubt that the right of police to commence criminal proceedings in Victoria for breach of Victorian criminal laws (as enshrined in the Criminal Procedure Act 2009) has been abrogated by the absence of a reference to police in section 31(1) of the Heavy Vehicle National Law Application Act 2013, and that they do not require permission to commence proceedings.

Division 2—Ombudsman Act 1973

Clause 62 inserts item 33A after item 33 of Schedule 1 to the Ombudsman Act 1973.

New item 33A provides that, for the purposes of Schedule 1 of that Act—

a person in the person's capacity as a taxi compliance officer within the meaning of section 228RA of the Transport (Compliance and Miscellaneous) Act 1983 is a specified entity; and

a Commissioner with the meaning of section 115I of the Transport Integration Act 2010 is a principal officer; and

the Minister administering Division 4ABA of Part VII of the Transport (Compliance and Miscellaneous) Act 1983 is the responsible Minister.

Division 3—Road Safety Amendment (Operator Onus) Act 2012

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Clause 63 amends section 10 of the Road Safety Amendment (Operator Onus) Act 2012 to make statute law revisions.

Subclause (1) substitutes "84BIA" for "84BJ" in the heading of section 10 of the Road Safety Amendment (Operator Onus) Act 2012.

Subclause (2) substitutes "84BIA" for "84BJ" in proposed new section 84BJ of the Road Safety Act 1986 in section 10 of the Road Safety Amendment (Operator Onus) Act 2012.

PART 6—REPEAL OF AMENDING ACT

Clause 64 provides that this Bill is repealed on 1 March 2016. The repeal of this Bill does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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