Victorian Numbered Acts Victorian Numbered ActsAfter Part 11 of the Principal Act insert —
(1) The following table sets out—
(a) decisions made under this Act or the regulations that are reviewable in accordance with this Act ( reviewable decisions ); and
(b) who is eligible to apply for review of a reviewable decision (the eligible person in relation to the reviewable decision).
Table
|
|
Provision under which reviewable decision is made |
Eligible person in relation to reviewable decision |
|---|---|---|
|
1 |
Section 43, 60 or 77 (imposition of condition on permission by regulator) |
The permission holder |
|
2 |
Section 46 (variation or revocation of condition, or imposition of new condition, on registration of a motor vehicle under Part 3) |
Person in whose name the motor vehicle is registered under Part 3 |
|
3 |
Section 49(3), 66(3) or 84(5) (imposition of condition on grant of consent to surrender permission) |
The permission holder |
|
4 |
Section 58(2) (refusal to register a booking service provider) |
The applicant or a relevant person in relation to the applicant |
|
5 |
Section 63 (variation or revocation of condition, or imposition of new condition, on registration of booking service provider) |
The registered booking service provider |
|
6 |
Section 75 (refusal to issue driver accreditation) |
The applicant |
|
7 |
Section 85 (disqualification from applying for driver accreditation) |
The disqualified person |
|
8 |
Section 159 (forfeiture of seized things) |
The person entitled to the thing |
|
9 |
Section 160 (issue of written direction) |
The person issued the written direction |
|
10 |
Section 171 (service of improvement notice) |
The person on whom the improvement notice is served |
|
11 |
Section 180 (service of prohibition notice) |
The person on whom the prohibition notice is served |
|
12 |
Section 218 (the taking of disciplinary action) |
The permission holder |
Note
Additionally, under section 251(1)(b), VCAT may review a decision by the regulator about whether public access to certain information on the register of permission holders is to be restricted.
(2) A "reviewable decision" does not include a decision referred to in the table in subsection (1) that was—
(a) affirmed, varied or substituted for another decision under section 250; or
(b) made by the regulator and not by a delegate of the regulator.
(1) An eligible person may apply to the regulator for review of a reviewable decision.
Note
Division 3 provides for the review by VCAT of a reviewable decision.
(2) An application under subsection (1) must be made within—
(a) 20 business days after the day on which the decision first came to the eligible person's notice; or
(b) such longer period as the regulator allows.
(3) An application under subsection (1) must be made in the manner and form determined by the regulator.
(1) An application under section 248(1) does not affect the operation of the reviewable decision or prevent the taking of any action to implement it unless the regulator stays the operation of the decision pending the determination of the internal review—
(a) on the regulator's own initiative; or
(b) on the application of the applicant for review.
(2) The regulator must make a decision on an application for a stay within 2 business days after the making of that application.
(3) If the regulator has not made a decision in accordance with subsection (2), the regulator is taken to have made a decision to grant a stay.
(4) The regulator may attach any conditions to a stay of the operation of a reviewable decision that the regulator considers appropriate.
(1) On receiving an application made in accordance with section 248, the regulator must make a fresh decision—
(a) that affirms or varies the reviewable decision; or
(b) that sets aside the reviewable decision and substitutes another decision that the regulator considers appropriate.
(2) The regulator must give a written notice (a decision notice ) to the applicant setting out—
(a) the decision of the regulator under subsection (1) and the reasons for the decision; and
(b) the findings on material questions of fact that led to the decision, referring to the evidence or other material on which those findings were based.
(3) The regulator must give a decision notice to the applicant within 20 business days after the application is made.
(4) If the regulator does not comply with subsection (3), the regulator is taken to have made a decision to affirm the reviewable decision.
(1) An eligible person may apply to VCAT for review of—
(a) a decision referred to in the table in section 247(1) made by the regulator under section 250, or otherwise; or
(b) a decision under section 233(1).
(2) For the purposes of subsection (1), a person whose interests are affected by a decision under section 233(1) is an eligible person in relation to that decision.
(3) To avoid doubt, subsection (1) does not apply to a refusal by the regulator to issue a driver accreditation or to a cancellation of a driver accreditation in the circumstances to which section 253 applies.
(4) VCAT must not make a decision under this section that would give rise to the issue of a driver accreditation unless VCAT is satisfied of the matters set out in section 75(1)(b).
(5) In making a decision under this section on a matter involving a disqualifying offence, VCAT may have regard to any matter to which a consideration in section 75(6) would apply.
(6) An application under subsection (1) must be made within 28 days after the later of—
(a) the day on which the decision of the regulator was made; or
(b) if, under 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.
(1) This section applies if an application for review under section 251(1) is made in respect of certain information.
(2) If no other application for review under section 251(1) has previously been made in respect of the information, public access to that information is restricted for the purposes of section 228(2) until the application is determined.
(3) If an application for review under section 251(1) has previously been made in respect of the information, VCAT may by order determine that public access to that information is to be restricted for the purposes of section 228(2) until the application is determined.
(1) This section applies to the following persons—
(a) a person whose application for the issue of a driver accreditation is refused on a ground set out in section 75(2)(b) or (c);
(b) a person who is disqualified from applying for a driver accreditation under section 85;
(c) a person whose driver accreditation is cancelled under section 219.
(2) The person may apply to VCAT for an order that the regulator issue or reinstate the driver accreditation or cancel the disqualification (as the case requires).
(3) On an application under subsection (2) VCAT may by order direct the regulator to—
(a) issue a driver accreditation to the applicant; or
(b) reinstate the driver accreditation of the applicant; or
(c) make a determination cancelling the disqualification of the applicant.
(4) VCAT must not make an order under subsection (3) to issue or reinstate a driver accreditation unless—
(a) VCAT is satisfied of the matters set out in section 75(1)(b); and
(b) the applicant has demonstrated that the issue or reinstatement is appropriate having regard to the public care objective; and
(c) VCAT is satisfied that—
(i) the making of the order would not pose an unjustifiable risk to the safety of users of commercial passenger vehicle services; and
(ii) in all the circumstances, it is in the public interest to make the order.
(5) For the purposes of subsection (4)(c)(i), VCAT must have regard to the matters set out in section 75(6).
(6) If VCAT refuses to make an order applied for under subsection (2), VCAT may by order disqualify the person from applying for a driver accreditation for a period not exceeding 5 years.
(7) A period of disqualification under an order under subsection (6) may be in substitution of a period of disqualification imposed by the regulator.
(1) In this Part—
"sensitive information" means information—
(a) that is obtained by or on behalf of the regulator in the performance of a function or exercise of a power under, or in connection with, this Act or the Transport Integration Act 2010 or given to the regulator; and
(b) that is—
(i) of a confidential or commercially sensitive nature; or
(ii) stated to be of a confidential or commercially sensitive nature at the time that it is given to the regulator; and
(c) whether obtained or given—
(i) under Division 3 or otherwise; and
(ii) in a document or otherwise.
(2) In this Part, "sensitive information" does not include information contained in an FOI exempt document.
The regulator must not disclose or use sensitive information other than in accordance with this Division.
The regulator may use sensitive information in the performance of a function or exercise of a power under, or in connection with, this Act or the Transport Integration Act 2010 .
(1) The regulator may disclose sensitive information in the performance of a function or exercise of a power under, or in connection with, this Act or the Transport Integration Act 2010 if the regulator has—
(a) invited submissions, and considered any made, in accordance with subsection (2); and
(b) formed an opinion referred to in subsection (3); and
(c) given notice in accordance with subsection (4).
(2) For the purposes of subsection (1)(a), the regulator must—
(a) give the person from whom the regulator obtained, or who has given, the sensitive information (the provider ) an opportunity to make a submission to the regulator specifying—
(i) why the information is of a confidential or commercially sensitive nature; and
(ii) the detriment that would be caused by the disclosure of the information; and
(b) give the same opportunity to each person—
(i) who the regulator knows gave the information to the provider; and
(ii) whose identity and address is known to the regulator; and
(c) consider any submission made.
(3) For the purposes of subsection (1)(b), the opinion is either—
(a) an opinion that the disclosure would not cause detriment to—
(i) the provider; and
(ii) any other person who the regulator knows gave the information to the provider; or
(b) an opinion that, although the disclosure would cause detriment to a person referred to in paragraph (a), the public benefit in disclosing the information outweighs that detriment.
(4) For the purposes of subsection (1)(c), the regulator must give written notice to—
(a) the provider; and
(b) each person—
(i) who the regulator knows gave the information to the provider; and
(ii) whose identity and address is known to the regulator.
(5) The notice must—
(a) state that the regulator wants to disclose the sensitive information; and
(b) specify the nature of the intended disclosure; and
(c) set out detailed reasons why the regulator wants to make the disclosure; and
(d) state the opinion that the regulator has formed in relation to the recipient of the notice under subsection (3); and
(e) set out detailed reasons why the regulator has formed that opinion; and
(f) include a copy of this Division.
The regulator may disclose or use sensitive information if that disclosure or use is expressly required by or under a provision of any Act.
The regulator may disclose or use sensitive information with the consent of the person who gave the information.
The regulator may disclose or use sensitive information in legal proceedings at the direction of a court or tribunal.
The regulator may disclose or use sensitive information if the information is in the public domain at the time it is disclosed or used.
The regulator must not disclose or use information contained in an FOI exempt document other than in accordance with this Division.
The regulator may use information contained in an FOI exempt document in the performance of a function or exercise of a power under, or in connection with, this Act or the Transport Integration Act 2010 .
(1) The regulator, by written notice, may require a permission holder who the regulator believes is capable of providing information or producing documents that may assist the regulator in performing the regulator's functions—
(a) to provide, in accordance with the notice, that information to the regulator; or
(b) to produce those documents, in accordance with the notice, to the regulator or a person specified in the notice who is acting on the regulator's behalf; or
(c) to appear before the regulator at a time and place specified in the notice to provide that information, either orally or in writing, or produce those documents.
Note
A notice under subsection (1) may be given to a permission holder by serving it in accordance with section 288.
(2) A person must not—
(a) refuse or fail to comply with a notice under subsection (1) to the extent that the person is capable of complying with it; or
(b) in purported compliance with a notice under subsection (1), knowingly provide information that is false or misleading; or
(c) obstruct or hinder the regulator in exercising a power under this section.
Penalty: In the case of an individual, 120 penalty units;
In the case of a body corporate, 600 penalty units.
(3) Nothing in this section entitles or requires a person to provide information or produce a document—
(a) that is the subject of client legal privilege; or
(b) if its provision or production might tend to incriminate the person or make the person liable to a penalty.
(4) Any information provided or document produced by a person in compliance with a notice under subsection (1) is not admissible in evidence against the person in any proceedings other than proceedings under this section.
(5) If any documents are produced to the regulator under this section, the regulator may—
(a) inspect the documents or authorise a person to do so; or
(b) make copies of, or take extracts from, the documents and retain possession of those copies and extracts.
(1) Any person may complain to the Secretary about the exercise of a power by the regulator under this Division.
(2) The Secretary must—
(a) investigate any complaint; and
(b) provide a written report to the complainant on the results of the investigation.
(1) The regulator may enter into an arrangement (an information sharing arrangement ) with a relevant agency for the purposes of sharing or exchanging information held by the regulator and the relevant agency.
(2) The information to which an information sharing arrangement may relate is limited to the following—
(a) information concerning investigations, inquiries, law enforcement, assessment of complaints or any registration or accreditation matters;
(b) probity assessments and reference checks concerning persons who provide, or propose to provide, commercial passenger vehicle services;
(c) any other information affecting the interests of users of commercial passenger vehicle services;
(d) information relating to the administration and enforcement of Part 11;
(e) any other information of a prescribed kind.
(3) Under an information sharing arrangement, the regulator and the relevant agency are authorised—
(a) to request and receive information held by the other party to the arrangement; and
(b) to disclose information to the other party.
(4) The regulator and the relevant agency may only do a thing authorised under subsection (3)(a) or (b) to the extent that the information is reasonably necessary to assist—
(a) the regulator in the exercise of functions under this Act or the Transport Integration Act 2010 ; or
(b) the relevant agency concerned in the exercise of the agency's functions.
(5) Without limiting subsections (3) and (4), the regulator may also (whether as part of an information sharing arrangement or otherwise)—
(a) refer to a commercial passenger vehicle agency or law enforcement agency any matter (including any complaint) with respect to the commercial passenger vehicle industry or that affects the interests of users of commercial passenger vehicle services; or
(b) receive any matter of a type described in paragraph (a) from a commercial passenger vehicle agency or law enforcement agency; or
(c) conduct a joint investigation into any such matter with a commercial passenger vehicle agency or law enforcement agency.
(6) This section does not limit—
(a) the powers of the regulator under this Act or the Transport Integration Act 2010 ; or
(b) the operation of section 267; or
(c) the operation of any other Act under which a relevant agency is authorised or required to disclose information to another person or body; or
(d) the giving of information—
(i) to a court or tribunal in the course of legal proceedings; or
(ii) under an order of a court or tribunal; or
(iii) to the extent reasonably required to enable the investigation or the enforcement of a law of the State or of any other State or of a Territory or of the Commonwealth; or
(iv) to the ESC; or
(v) with the written authority of the Secretary; or
(vi) with the written authority of the person to whom the information relates.
(7) In this section—
"commercial passenger vehicle agency" means an agency of the State, or of the Commonwealth, or of another State or a Territory or of an overseas jurisdiction, that exercises functions under an enactment with respect to commercial passenger vehicle services;
"law enforcement agency" means—
(a) Victoria Police or the police force or police service of another State or of a Territory or of an overseas jurisdiction; or
(b) the Australian Federal Police; or
(c) the Australian Criminal Intelligence Commission; or
(d) any other authority or person responsible for the investigation or prosecution of offences against the laws of the State or of the Commonwealth, another State or a Territory or an overseas jurisdiction;
"relevant agency" means—
(a) a commercial passenger vehicle agency; or
(b) a law enforcement agency; or
(c) the ESC; or
(d) the Commissioner; or
(e) any other person or body that exercises functions, in the public interest, that involve protecting the interests of users of commercial passenger vehicle services.
(1) The Chief Commissioner of Police must take all reasonable steps to ensure that the regulator—
(a) is notified as soon as practicable after the Chief Commissioner becomes aware that a notifiable person has been charged with—
(i) a category 1 offence; or
(ii) a category 2 offence; or
(iii) a category 3 offence; and
(b) is given the details in respect of the charge requested by the regulator.
(2) The regulator may only request details of a charge referred to in subsection (1) that the regulator reasonably requires to exercise functions under this Act.
(3) The Chief Commissioner of Police must take all reasonable steps to ensure that the regulator is notified as soon as practicable of how a charge for an offence referred to in subsection (1) has been finally dealt with.
(4) In this section—
"notifiable person" means—
(a) a person who holds a driver accreditation; or
(b) a person who has applied for a driver accreditation.
(1) A person must not assault or incite or encourage any other person to assault any of the following persons who is acting in the execution of their duty under this or any other Act, or under regulations made under this or any other Act—
(a) an authorised officer;
(b) a person assisting an authorised officer as described in section 134(2), 140(2), 141(2), 148(3) or 149(3);
(c) any other officer or agent of the regulator.
Penalty: In the case of an individual, level 9 imprisonment;
In the case of a body corporate, 300 penalty units.
(2) A person must not, without reasonable excuse—
(a) resist, obstruct, hinder or refuse to comply with a lawful request or direction of an officer or agent referred to in subsection (1); or
(b) incite or encourage any other person to resist, obstruct, hinder or refuse to comply with a lawful request or direction of an officer or agent referred to in subsection (1).
Penalty: In the case of an individual, 60 penalty units;
In the case of a body corporate, 300 penalty units.
(3) For the purposes of subsection (2), the following things do not constitute a lawful request or direction—
(a) a direction under section 160(1), 162(1), 163(1) or 165(2);
(b) a defect notice under section 164.
Note
See sections 160(3), 162(2), 163(2), 164(6) and 165(4) in relation to compliance with these directions and notices.
(1) A person who is required by or under this Act to provide information must not provide information that the person knows is false or misleading in a material way (whether because it omits any relevant information or otherwise) unless the person—
(a) indicates (whether in writing or otherwise) the respect in which the information is false or misleading; and
(b) if practicable, provides the correct information.
Penalty: In the case of an individual, 120 penalty units;
In the case of a body corporate, 600 penalty units.
(2) A person who is required by or under this Act to provide information must not provide information that is false or misleading in a material way (whether because it omits any relevant information or otherwise) being reckless as to whether or not the information is false or misleading in a material way.
Penalty: In the case of an individual, 120 penalty units;
In the case of a body corporate, 600 penalty units.
(1) A person must not download or print an image or other data obtained from the use of a security camera installed in a commercial passenger vehicle unless—
(a) the person is acting in accordance with—
(i) an agreement under section 271; or
(ii) the regulations (if any); or
(b) the person is employed by the regulator or the person's services are being used by the regulator in accordance with section 115R(2) of the Transport Integration Act 2010 and is acting in accordance with—
(i) the written authorisation of the regulator; or
(ii) the regulations (if any).
Penalty: In the case of an individual, 240 penalty units;
In the case of a body corporate, 1200 penalty units.
(2) A person must not—
(a) possess, publish, transmit or disclose to any other person an image or any other data obtained from the use of a security camera in a commercial passenger vehicle; or
(b) transmit images or data directly from a security camera in a commercial passenger vehicle—
unless the person is acting in accordance with the written authorisation of the regulator or the regulations (if any).
Penalty: In the case of an individual, 240 penalty units;
In the case of a body corporate, 1200 penalty units.
(3) The regulator's written authorisation for the purpose of subsection (1)(b)(i) or (2) is subject to—
(a) the conditions determined by the regulator and specified in the authorisation (if any); and
(b) the prescribed conditions (if any).
(4) A person must not make an audio recording of any passenger of a commercial passenger vehicle.
Penalty: In the case of an individual, 240 penalty units;
In the case of a body corporate, 1200 penalty units.
(5) Nothing in this section—
(a) prohibits anything done by a police officer in the course of their duty that would be lawful apart from this section; or
(b) affects or takes away from the provisions of the Surveillance Devices Act 1999 .
Note
Section 284 (criminal liability of officers of bodies corporate—failure to exercise due diligence) applies to an offence against subsection (1), (2) or (4).
(1) The regulator may make an agreement with a person for the downloading or printing of images or other data obtained from the use of a security camera installed in a commercial passenger vehicle.
(2) The agreement may authorise the person with whom it is made, or a person employed or engaged by that person, to download or print images or other data obtained from the use of a security camera installed in a commercial passenger vehicle, on the terms and conditions contained in the agreement.
(3) The Privacy and Data Protection Act 2014 applies to a person with whom the regulator makes an agreement under this section as if—
(a) the person were a contracted service provider; and
(b) the agreement were a State contract—
within the meaning of that Act.
(4) Without limiting the application of subsection (3), an agreement under this section between the regulator and a person must provide—
(a) that the person is bound by the following things with respect to any act done or practice engaged in by the person for the purposes of the agreement—
(i) the Information Privacy Principles under the Privacy and Data Protection Act 2014 ;
(ii) any applicable code of practice under that Act; and
(b) that the person is bound by those things with respect to that act or practice in the same way and to the same extent that the regulator would have been bound if it had been directly done or engaged in by the regulator.
A person on whom a safety duty is imposed under Division 3 of Part 2 must notify the regulator of a prescribed incident in accordance with the regulations.
Penalty: 50 penalty units.
(1) This section applies to an inquiry conducted by the regulator under section 115F(1)(dc) of the Transport Integration Act 2010 .
(2) At least one Commissioner (as defined by section 115A of the Transport Integration Act 2010 ) of the regulator must preside at the inquiry.
(3) Subject to this Division, the regulator may conduct the inquiry in any manner it considers appropriate.
(4) If directed to do so by the Minister, the regulator must conduct an inquiry into any matter relating to the commercial passenger vehicle industry.
(5) A direction made by the Minister under subsection (4) must be in writing.
(1) Without limiting section 115F(1)(df) of the Transport Integration Act 2010 , at the conclusion of an inquiry the regulator must give the Minister a report on the outcomes of the inquiry.
(2) A report under subsection (1) must be in writing.
(1) The regulator must, in accordance with section 276, develop a policy to promote compliance with, and enforcement of, industry laws.
(2) The policy must set out—
(a) proportionate, cost effective and efficient options for monitoring and promoting compliance with, and enforcement of, industry laws; and
(b) how enforcement agencies will use those options to monitor and promote compliance with, and enforcement of, industry laws.
(3) The regulator must publish the policy on the regulator's internet site no later than 12 months after the commencement of this section.
(4) The regulator must review the policy every 3 years in accordance with section 276.
(1) When developing or reviewing the monitoring, compliance and enforcement policy, the regulator must consult—
(a) Victoria Police; and
(b) the Information Commissioner appointed under section 6C of the Freedom of Information Act 1982 ; and
(c) the Roads Corporation; and
(d) persons who participate in the commercial passenger vehicle industry.
(2) The regulator may consult with persons who regulate commercial passenger vehicle industries in other jurisdictions when developing and reviewing the policy if the regulator considers that it would be useful to do so.
(1) The monitoring, compliance and enforcement policy must provide guidance on—
(a) the exercise of the following kinds of powers under an industry law—
(i) monitoring and compliance powers;
(ii) investigation powers;
(iii) enforcement powers; and
(b) the exercise of powers under sections 13, 14(1), 84ZY, 77 and 88 of the Road Safety Act 1986 —
(i) by authorised officers or the regulator; and
(ii) in relation to commercial passenger vehicle services; and
(c) the measures to be adopted by the regulator to promote compliance with and enforcement of the industry laws.
(2) The policy may provide guidance on other matters relevant to monitoring compliance with and enforcement of industry laws.
(1) The regulator must provide training, guidance and support to authorised officers for the purpose of coordinating and supporting the implementation of the monitoring, compliance and enforcement policy.
(2) In addition, the regulator may coordinate and support the implementation of the policy in any other manner the regulator determines to be appropriate.
Persons involved in compliance, monitoring and enforcement activities under an industry law, or a provision referred to in section 277(1)(b), must, so far as is reasonably practicable, have regard to the monitoring, compliance and enforcement policy when performing functions and duties and exercising powers under that law.
(1) A proceeding under an industry law (including a proceeding for an offence against an industry law) may only be commenced by—
(a) the regulator; or
(b) an authorised officer with the written authorisation of the regulator (either generally or in a particular case); or
(c) a police officer.
(2) An authorisation under subsection (1)(b) is sufficient authority to continue a proceeding in any case where the court amends the charge-sheet, warrant or summons.
(3) An authorised officer who commences a proceeding may conduct the proceeding before the court.
(4) Without limiting section 328 of the Criminal Procedure Act 2009 , the person commencing a proceeding under subsection (1) may appear—
(a) by another person authorised by the regulator; or
(b) even if the informant is not a police officer, by a police prosecutor.
(5) Despite subsection (1), the Director of Public Prosecutions may commence a proceeding for an indictable offence against an industry law.
In any proceeding for an offence against an industry law, a certificate signed, or purporting to be signed, by the regulator or an authorised officer stating any of the following matters is admissible in evidence and, in the absence of evidence to the contrary, is proof of the matters stated—
(a) a stated document is one of the following things made, given, served or issued under an industry law—
(i) an appointment or a decision;
(ii) a notice, notification, direction or requirement;
(iii) a permission;
(b) a stated document is one of the following things served—
(i) an improvement notice or an amendment to an improvement notice already served;
(ii) a prohibition notice or an amendment to a prohibition notice already served;
(iii) a clearance certificate served in relation to an improvement notice;
(iv) a certificate served in relation to a prohibition notice;
(c) a stated document is a copy of a thing referred to in paragraph (a) or (b);
(d) on a stated day, or during a stated period, a stated person was or was not an accredited driver or registered booking service provider;
(e) on a stated day, or during a stated period, a permission was or was not in effect;
(f) on a stated day, or during a stated period, a permission was suspended;
(g) on a stated day a permission was cancelled or surrendered;
(h) on a stated day a condition on a permission was, imposed varied or revoked;
(i) on a stated day, or during a stated period, an appointment as an authorised officer was, or was not, in effect for a stated person;
(j) on a stated day a stated person was given a stated notice, notification or direction under this Act or the regulations;
(k) on a stated day a person was served—
(i) an improvement notice or prohibition notice; or
(ii) an amendment to an improvement notice or prohibition notice already served;
(l) on a stated day—
(i) an improvement notice was cancelled; or
(ii) a prohibition notice was withdrawn;
(m) on a stated day a clearance certificate under section 177 was served;
(n) on a stated day a certificate under section 186 was served;
(o) on a stated day a stated requirement was made of a stated person;
(p) that a stated amount is payable under this Act or the regulations by a stated person and has not been paid.
(1) The regulator, by notice published in the Government Gazette, may determine—
(a) the fees payable for applications for permissions;
(b) annual registration fees payable by—
(i) persons in whose name a motor vehicle is registered under Part 3;
(ii) registered booking service providers;
(c) annual accreditation fees payable by accredited drivers.
(2) The regulator must obtain the approval of the Minister for any fee the regulator determines under subsection (1).
(3) Fees determined under subsection (1) may—
(a) be of general or limited application;
(b) differ according to differences in time, place or circumstance.
(4) A fee determined under subsection (1) takes effect on—
(a) the day the notice under which it is determined is published in the Government Gazette; or
(b) if that notice specifies a later date, that date.
(1) The regulator, by written notice, may exempt a person from a requirement under this Act or the regulations if the regulator is satisfied that—
(a) the person is substantially complying with the requirement; or
(b) the person has adequately achieved the purpose of the requirement; or
(c) the person's compliance with the requirement would, in the particular circumstances, be impracticable, unnecessary or inappropriate.
(2) An exemption may be either indefinite or for a specified period and either absolute or on specified conditions.
(3) The regulator may at any time suspend or cancel an exemption, or alter its period or its terms and conditions, by written notice given to the person given the exemption.
(1) If a body corporate commits an offence against a provision specified in subsection (2), 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.
(2) For the purposes of subsection (1), the following provisions are specified—
(a) section 23(1);
(b) section 24(1);
(c) section 25(1);
(d) section 26(1);
(e) section 39;
(f) section 53;
(g) section 56;
(h) section 64;
(i) section 160(3);
(j) section 174(1);
(k) section 183(1);
(l) section 270(1), (2) and (4).
(3) In determining whether an officer of a body corporate failed to exercise due diligence, a court may have regard to—
(a) what the officer knew, or ought reasonably to have known, about the commission of the offence by the body corporate; and
(b) whether or not the officer was in a position to influence the body corporate in relation to the commission of the offence by the body corporate; and
(c) what steps the officer took, or could reasonably have taken, to prevent the commission of the offence by the body corporate; and
(d) any other relevant matter.
(4) Without limiting any other defence available to the officer, an officer of a body corporate may rely on a defence that would be available to the body corporate if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the body corporate would bear.
(5) An officer of a body corporate may commit an offence against a provision specified in subsection (2) whether or not the body corporate has been prosecuted for, or found guilty of, an offence against that provision.
(6) In this section—
"body corporate "has the same meaning as corporation has in section 57A of the Corporations Act;
"officer "in relation to a body corporate means—
(a) a person who is an officer (as defined by section 9 of the Corporations Act) of the body corporate; or
(b) a person (other than a person referred to in paragraph (a)), by whatever name called, who is concerned in, or takes part in, the management of the body corporate.
(1) Subject to subsection (3), if a body corporate commits an offence against a provision specified in subsection (2), an officer of the body corporate also commits an offence against the provision.
(2) For the purposes of subsection (1), the following provisions are specified—
(a) section 113(3);
(b) section 114(1).
(3) An officer of a body corporate does not commit an offence against a provision specified in subsection (2) if—
(a) the officer presents or points to evidence that suggests a reasonable possibility that the officer exercised due diligence to prevent the commission of the offence by the body corporate; and
(b) the contrary is not proved (beyond reasonable doubt) by the prosecution.
(4) In determining whether an officer of a body corporate exercised due diligence, a court may have regard to—
(a) what the officer knew, or ought reasonably to have known, about the commission of the offence by the body corporate; and
(b) whether or not the officer was in a position to influence the body corporate in relation to the commission of the offence by the body corporate; and
(c) what steps the officer took, or could reasonably have taken, to prevent the commission of the offence by the body corporate; and
(d) any other relevant matter.
(5) Without limiting any other defence available to the officer, an officer of a body corporate may rely on a defence that would be available to the body corporate if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the body corporate would bear.
(6) An officer of a body corporate may commit an offence against a provision specified in subsection (2) whether or not the body corporate has been prosecuted for, or found guilty of, an offence against that provision.
(7) In this section—
"body corporate "has the same meaning as corporation has in section 57A of the Corporations Act;
"officer "in relation to a body corporate means—
(a) a person who is an officer (as defined by section 9 of the Corporations Act) of the body corporate; or
(b) a person (other than a person referred to in paragraph (a)), by whatever name called, who is concerned in, or takes part in, the management of the body corporate.
Section 209 is declared to be a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act in relation to the provisions of Chapter 2D of that Act.
Note
Section 5G of the Corporations Act provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency.
If this Act or the regulations provide that a person commits an offence, that reference to the person must—
(a) in the case of a partnership, be read as a reference to each member of the partnership; and
(b) in the case of an unincorporated body or association, be read as a reference to each member of the committee of management of the body or association.
(1) A document to be served on, or given to, a person under this Act or the regulations may be served or given—
(a) if the person to be served or given the document is a person who is not a company or a registered foreign company within the meaning of the Corporations Act—
(i) by delivering it personally to the person; or
(ii) by sending it by post to the person at the person's usual or last known residential or business address; or
(iii) by leaving it at the person's usual or last known residential or business address with a person at the premises who appears to be at least 16 years old and appears to be residing or employed there; and
(b) if the person to be served or given the document is a company or a registered foreign company within the meaning of the Corporations Act, by serving it in accordance with section 109X or 601CX of that Act, as the case requires.
(2) In addition, a document to be served on, or given to, a permission holder under this Act or the regulations may be served on, or given to, the permission holder by—
(a) sending it by post to the holder at the last address the holder has given to the regulator; or
(b) leaving it with a person at the premises at the last address the holder has given to the regulator who appears to be—
(i) at least 16 years old; and
(ii) residing or employed there.
(1) The Governor in Council may make regulations for or with respect to—
(a) any matter or thing specified in Schedule 2;
(b) any matter or thing required or permitted to be prescribed or necessary to be prescribed to give effect to this Act.
(2) The regulations may—
(a) be of general or of limited application;
(b) differ according to differences in time, place or circumstance;
(c) confer a discretionary authority or impose a duty on a specified person or a person of a specified class;
(d) provide in a specified case or class of case for the exemption of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions, and either wholly or to such an extent as is specified;
(e) apply, adopt or incorporate any matter contained in any document whether—
(i) wholly or partially or as amended by the regulations; or
(ii) as in force at a particular time; or
(iii) as in force from time to time;
(f) impose a penalty not exceeding 20 penalty units for a contravention of the regulations.
(3) The Minister must not recommend the making of regulations specifying an amount of $1 or more as the amount of the levy unless the ESC recommends the specification of that amount in accordance with subsection (4).
(4) The ESC must not recommend the specification of an amount unless the ESC is satisfied that it is the lowest amount that is reasonably likely to result in the total amount of the levy collected in the beginning 1 July 2018 and ending 30 June 2026, being equal to the cost of the transitional assistance package up to the end of that period.
(5) For the purposes of subsection (4), the transitional assistance package comprises—
(a) money paid by the State to participants in the commercial passenger vehicle industry to assist them in relation to changes to the law applying to that industry made by this Act; and
(b) $112 million (as at 30 June 2017), being State revenue forgone as a result of those changes; and
(c) costs incurred in administering Part 11 and any regulations made for the purposes of that Part; and
(d) administrative and compliance costs incurred in connection with—
(i) the administration of grants paid to commercial passenger vehicle industry participants referred to in paragraph (a); or
(ii) rebate or subsidy schemes established and maintained to support those participants.
Schedule 3 has effect.".