Victorian Numbered Acts Victorian Numbered ActsAfter Division 5 of Part VIII of the Transport Act 1983 insert —
(1) Subject to this section, a person who holds a taxi-cab licence immediately before the commencement of Part 2 of the Transport (Taxi-cab Accreditation and Other Amendments) Act 2006 is deemed, for the period of 12 months after that commencement, to be accredited under Division 4 of Part VI as a taxi-cab licence holder.
(2) Subject to this section, a person who immediately before the commencement of Part 2 of the Transport (Taxi-cab Accreditation and Other Amendments) Act 2006 —
(a) holds a licence to operate a taxi-cab the right to operate a vehicle under which has not been assigned to another person under section 150; or
(b) is a person to whom the right to operate a vehicle under a taxi-cab licence is assigned under section 150—
is deemed, for the period of 2 years after that commencement, to be accredited under Division 4 of Part VI as a taxi-cab operator.
(3) To avoid doubt, Division 4 of Part VI applies to a deemed accreditation under sub-section (1) or (2) and that accreditation may be cancelled, suspended, surrendered or otherwise dealt with (including by the variation, revocation or imposition of a condition, restriction or other limitation) in accordance with that Division.
(4) The licensing authority may at any time during the period of a deemed accreditation of a person under sub-section (1) or (2), by written notice served on that person, require that person to apply for accreditation under Division 4 of Part VI as a taxi-cab licence holder or taxi-cab operator (as the case requires) on or before the date specified in the notice, which must not be earlier than 28 days after the day on which the notice is served.
(5) If a person on whom a notice is served under sub-section (4) does not apply for accreditation under Division 4 of Part VI as a taxi-cab licence holder or taxi-cab operator (as the case requires) on or before the date specified in the notice, the licensing authority may serve on that person a notice cancelling the deemed accreditation with effect from the date specified in the notice, which must not be earlier than 7 days after the day on which the notice is served.
The amendments of section 150 of this Act made by Division 2 of Part 3 of the Transport (Taxi-cab Accreditation and Other Amendments) Act 2006 only apply to—
(a) applications made under sub-section (1) of that section on or after the commencement of that Division; and
(b) assignments made under that section on or after that commencement in reliance on an authority granted on an application referred to in paragraph (a).".