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Transport (Taxi-Cabs) and (Taxi-Cab Licences Market and Trading) Amendment Regulations 2014
S.R. No. 65/2014
TABLE OF PROVISIONS
Regulation
Page
PART 1—PRELIMINARY
1
2
1
Objective
Authorising provisions
1
2
PART 2—AMENDMENT OF THE TRANSPORT (TAXI-CAB
LICENCES - MARKET AND TRADING) REGULATIONS 2005
3
4
5
Authorising provision
Determination of area
New regulation 16 inserted
16
Further transitional provision—regulatory instruments
PART 3—AMENDMENT OF THE TRANSPORT (TAXI-CABS)
REGULATIONS 2005
6
7
3
3
3
3
3
5
Authorising provisions
New Part 7 inserted
5
5
PART 7—TRANSITIONAL PROVISIONS—
TRANSPORT (TAXI-CABS) AND (TAXI-CAB
LICENCES—MARKET AND TRADING) AMENDMENT
REGULATIONS 2014
5
52
53
54
55
56
5
5
5
9
9
Definition
When this Part takes effect
Regulatory instruments
Approval to fit a security camera to a taxi-cab
Approval of uniform design
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ENDNOTES
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STATUTORY RULES 2014
S.R. No. 65/2014
Transport (Compliance and Miscellaneous) Act 1983
Transport (Taxi-Cabs) and (Taxi-Cab Licences Market and Trading) Amendment Regulations 2014
The Governor in Council makes the following Regulations:
Dated: 17 June 2014
Responsible Minister:
TERRY MULDER
Minister for Public Transport
YVETTE CARISBROOKE
Clerk of the Executive Council
PART 1—PRELIMINARY
1 Objective
The objective of these Regulations is to amend the
following Regulations as a consequence of
amendments to the Transport (Compliance and
Miscellaneous) Act 1983 made by the Transport
Legislation Amendment (Taxi Services Reform
and Other Matters) Act 2011—
(a) the Transport (Taxi-Cab Licences - Market
and Trading) Regulations 2005;
(b) the Transport (Taxi-Cabs) Regulations 2005.
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Part 1—Preliminary
2 Authorising provisions
These Regulations are made under sections 256
and 350 of the Transport (Compliance and
Miscellaneous) Act 1983.
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Amendment Regulations 2014
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Part 2—Amendment of the Transport (Taxi-Cab Licences - Market and
Trading) Regulations 2005
PART 2—AMENDMENT OF THE TRANSPORT (TAXI-CAB
LICENCES - MARKET AND TRADING) REGULATIONS 2005
3 Authorising provision
In regulation 2 of the Transport (Taxi-Cab
Licences - Market and Trading) Regulations
20051, for "162 and 318" substitute "162, 318
and 350".
4 Determination of area
In the note at the foot of regulation 5 of the
Transport (Taxi-Cab Licences - Market and
Trading) Regulations 2005, for "Secretary to
the Department of Transport" substitute
"Taxi Services Commission".
5 New regulation 16 inserted
After regulation 15 of the Transport (Taxi-Cab
Licences - Market and Trading) Regulations 2005
insert—
"16 Further transitional provision—
regulatory instruments
(1) In this regulation—
regulatory instrument means—
(a) a notice published in the
Government Gazette under
regulation 5 determining an area
for the purposes of the definition
of designated taxi-cab licence;
(b) a notice published in the
Government Gazette under
regulation 7(1) specifying a
system or rules for the purposes of
these Regulations.
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Part 2—Amendment of the Transport (Taxi-Cab Licences - Market and
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(2) On and after 1 July 2013, every reference to
the Director of Public Transport or to the
Secretary in a regulatory instrument must be
construed as a reference to the Taxi Services
Commission unless the context otherwise
requires.
(3) This regulation is taken to have effect on
1 July 2013.".
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Amendment Regulations 2014
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Part 3—Amendment of the Transport (Taxi-Cabs) Regulations 2005
PART 3—AMENDMENT OF THE TRANSPORT (TAXI-CABS)
REGULATIONS 2005
6 Authorising provisions
In regulation 2 of the Transport (Taxi-Cabs)
Regulations 20052, for "256 and 318" substitute
"256, 318 and 350".
7 New Part 7 inserted
After Part 6 of the Transport (Taxi-Cabs)
Regulations 2005 insert—
"PART 7—TRANSITIONAL PROVISIONS—
TRANSPORT (TAXI-CABS) AND (TAXI-CAB
LICENCES—MARKET AND TRADING)
AMENDMENT REGULATIONS 2014
52 Definition
In this Part—
applicable day means the day on which this
Part is taken to have effect under
regulation 53.
53 When this Part takes effect
This Part is taken to have effect on 1 July
2013.
54 Regulatory instruments
(1) On the applicable day, every regulatory
instrument in force immediately before that
day is taken to be a regulatory instrument
made, given or issued by the Taxi Services
Commission.
Note
Before the applicable day, the licensing authority
was defined in section 2(1) of the Transport
(Compliance and Miscellaneous) Act 1983 to mean
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Part 3—Amendment of the Transport (Taxi-Cabs) Regulations 2005
the Secretary to the Department of Transport,
Planning and Local Infrastructure.
(2) On and after the applicable day, every
reference to the Secretary in a regulatory
instrument must be construed as a reference
to the Taxi Services Commission unless the
context otherwise requires.
(3) In this regulation—
regulatory instrument means—
(a) a driver's photo card;
(b) an approval of a position for
display of a driver's photo card
given under regulation 8;
(c) a notification that a licence is
suspended, cancelled or revoked
given under regulation 10(2)(a);
(d) specifications determined and
published under regulation 12(1);
(e) an authorisation of a person to
inspect vehicles and make
findings as to fitness and
serviceability given under
regulation 13(2);
(f) an approval to use equipment
given under regulation 13A(1);
(g) an approval of an emergency
warning device given under
regulation 14(1);
(h) an approval of a security camera
given under regulation 15(1);
(i) an approval of the manner by
which a security camera is fitted
to a taxi-cab given under
regulation 15(1);
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(j) an approval of a protective screen
given under regulation 16(1);
(k) an approval of the manner by
which a protective screen is fitted
given under regulation 16(2);
(l) an approval of a boot lock release
device given under
regulation 17(1);
(m) an authorisation of a person to
require that a taxi-cab be produced
for inspection given under
regulation 19(1);
(n) an authorisation of a person to
inspect taxi-cabs given under
regulation 19(1)(d);
(o) an authorisation of a person, given
under regulation 20(1), to serve a
notice under that subregulation;
(p) an authorisation of a person, given
under regulation 21(1), to require
the provision of evidence under
that subregulation;
(q) an approval of a type or design
given under regulation 23(1)(a);
(r) a specification of manner and
location made under
regulation 23(1)(b);
(s) an approval of a manner of display
given under regulation 24(1);
(t) an approval of a colour or colours
given under regulation 24(2);
(u) an approval of a sign given under
regulation 25(1);
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(v) an approval of an indicator lamp
and the position of fitting the lamp
given under regulation 26;
(w) an approval of a type and
dimensions of lettering given
under regulation 27(1);
(x) an approval of a uniform design
given under regulation 32(4);
(y) an approval of a notice given
under regulation 39(5);
(z) an approval of a type of taximeter
given under regulation 44(1);
(za) an authorisation of a person to test
and seal a taximeter given under
regulation 44(3)(aa);
(zb) an approval of a position for
locating a taximeter given under
regulation 44(3)(d);
(zc) an authorisation of a person to test
a substitute taximeter given under
regulation 44(5);
(zd) an authorisation of a person to
recalibrate, test and seal a
taximeter given under
regulation 44(6);
(ze) an authorisation of a person, given
under regulation 44(7), to give
notice requiring that a taximeter
be inspected and tested;
(zf) an authorisation of a person to
inspect and test a taximeter given
under regulation 44(7);
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(zg) an authorisation of a person to
inspect, test and seal a taximeter
given under regulation 44(9).
55 Approval to fit a security camera to a
taxi-cab
(1) This regulation applies if, before the
applicable day, the operator of a taxi-cab had
applied to the licensing authority under
regulation 15(4) for approval to fit a security
camera to the taxi-cab and the Secretary had
not made a decision whether to approve the
fitting of a camera before that day.
(2) On and after the applicable day, the Taxi
Services Commission may make the
decision, and for that purpose, anything done
before that day by the Secretary for the
purpose of making that decision is taken to
have been done by the Taxi Services
Commission.
56 Approval of uniform design
(1) This regulation applies if, before the
applicable day—
(a) the Secretary had given a notice to a
relevant accredited person under
regulation 32(1) to determine a uniform
design and apply to the licensing
authority for approval of the uniform
design; or
(b) a relevant accredited person had
applied to the licensing authority under
regulation 32(2) for approval of a
uniform design—
and the Secretary had not made a decision
whether to approve the uniform design
before that day.
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(2) On and after the applicable day, the Taxi
Services Commission may make the
decision, and for that purpose, anything done
before that day by the Secretary for the
purpose of making that decision is taken to
have been done by the Taxi Services
Commission.
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Endnotes
ENDNOTES
1
Reg. 3: S.R. No. 164/2005 as amended by S.R. Nos 41/2008, 74/2011
and 106/2011.
2
Reg. 6: S.R. No. 67/2005. Reprint No. 1 as at 1 October 2008. Reprinted to
S.R. No. 74/2008. Subsequently amended by S.R. Nos 90/2010, 74/2011
and 106/2011.
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