Victorian Numbered Acts Victorian Numbered Acts(1) In the heading to section 28 of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013 , after " 5A " insert " , 5AB ".
(2) In section 28(1) of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013 , in the heading to proposed new Division 5A of Part VI of the Transport (Compliance and Miscellaneous) Act 1983 , after " fares " insert " in Melbourne Metropolitan Zone and Urban and Large Regional Zone ".
(3) In section 28(1) of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013 , in proposed new section 162C(1)(a) of the Transport (Compliance and Miscellaneous) Act 1983 , after "taxi-cabs" insert ", in the licence of which the Melbourne Metropolitan Zone or the Urban and Large Regional Zone is specified,".
(4) In section 28(1) of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013 , in proposed new section 162E(4) of the Transport (Compliance and Miscellaneous) Act 1983 —
(a) for " section 28" substitute " section 28(1)"; and
(b) for 'operation.".' substitute "operation.".
(5) In section 28(1) of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013 , after proposed new section 162E(4) of the Transport (Compliance and Miscellaneous) Act 1983 insert —
(1) This section applies only in relation to a taxi-cab in the licence of which the Regional Zone or the Country Zone is specified.
(2) The holder of a taxi-cab operator accreditation must not begin to operate a taxi-cab unless—
(a) 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
(b) the terms of that notice have been published by the licensing authority on its internet site as required by section 162EB(1).
Penalty: In the case of a natural person, 60 penalty units;
In the case of a body corporate, 300 penalty units.
(3) A person accredited to provide taxi-cab network services (within the meaning of Division 4) 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.
(4) 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.
(5) 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.
(6) 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—
(a) the development of new fare or hiring rates; and
(b) the effect of this section.
(1) 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—
(a) publish, on its internet site, the terms of the notice; and
(b) notify the operator of any taxi-cab to which the notice relates of the date on which it published, or intends to publish, the notice on its internet site.
(2) A notification under subsection (1)(b) must
be—
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(a) in writing; and
(b) given to the operator as soon as practicable after the licensing authority receives, or is taken to have received, the notice.
(3) 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 that may be charged in any area within the Regional Zone or the Country Zone.
The operator of a taxi-cab in the licence of which the Regional Zone or the Country Zone is specified must ensure that information about the maximum fares or hiring rates chargeable in respect of the taxi-cab is made available to hirers in accordance with any prescribed standard.
Penalty: 20 penalty units.
(1) During the 5 year period beginning on the commencement of section 28(1) of the Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013 the ESC 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—
(a) keeping Victorian consumers and the Government informed about the economic performance of that industry; and
(b) supporting the efficient operation of that industry by—
(i) monitoring, describing and analysing trends in prices, costs and return on assets; and
(ii) identifying and highlighting potential areas of misuse of market power that warrant further investigation.
Note
The ESC has power to obtain information and documents under section 37 of the Essential Services Commission Act 2001 .
(2) The reference in subsection (1) to the taxi industry in the Regional Zone and the Country Zone is a reference to the services provided by taxi-cabs in the licence of which the Regional Zone or the Country Zone is specified.
(3) The ESC 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.
(4) In preparing a report, the ESC 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.
(5) The ESC must submit a copy of any report prepared by it under this section to the Minister administering this Division and to the licensing authority.
(6) The ESC and the licensing authority must ensure that a copy of any report submitted under subsection (5) is published on its internet site.".