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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Point to Point Transport (Taxis and Hire
Vehicles) Amendment Bill 2022
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Point to Point Transport (Taxis and Hire Vehicles)
Act 2016 No 34 3
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2022
New South Wales
Point to Point Transport (Taxis and Hire
Vehicles) Amendment Bill 2022
Act No , 2022
An Act to amend the Point to Point Transport (Taxis and Hire Vehicles) Act 2016 in response to
a review of the Act; and for related purposes.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Point to Point Transport (Taxis and Hire Vehicles) Amendment Bill 2022 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Point to Point Transport (Taxis and Hire Vehicles) Amendment Act
2022.
2 Commencement
This Act commences as follows--
(a) for Schedule 1[27] and [28]--on the date of assent to this Act,
(b) otherwise--
(i) 1 year after the date of assent to this Act, or
(ii) on an earlier day, or on earlier days, to be appointed by proclamation.
Page 2
Point to Point Transport (Taxis and Hire Vehicles) Amendment Bill 2022 [NSW]
Schedule 1 Amendment of Point to Point Transport (Taxis and Hire Vehicles) Act 2016 No 34
Schedule 1 Amendment of Point to Point Transport (Taxis
and Hire Vehicles) Act 2016 No 34
[1] Section 3 Definitions
Insert in alphabetical order in section 3(1)--
wheelchair accessible taxi means a taxi that has wheelchair access.
[2] Section 4 Passenger services
Omit "or any person carrying out work for the provider of a passenger service or booking
service, or any authorised officer" from section 4(1), definition of passenger.
Insert instead ", or a person carrying out work for the provider of a passenger service or
booking service".
[3] Section 22 Standards for owners and taxi licence holders
Omit the note.
[4] Section 30 Applications for authorisation
Insert ", if any," after "fee" in section 30(3)(d).
[5] Section 47 Taxis must be licensed
Omit the note.
[6] Section 51 Applications for taxi licences
Insert ", if any," after "fee" in section 51(3)(c).
[7] Section 51(4) and note
Omit the subsection and note.
[8] Section 53 Determination of applications for taxi licences
Omit the section.
[9] Section 56 Area of operation of taxis
Omit the section.
[10] Section 58
Omit the section. Insert instead--
58 Renewal of taxi licences
(1) A taxi licence may be renewed by the Commissioner on application to the
Commissioner made before the expiry of the licence.
(2) This Act applies to an application for the renewal of a taxi licence in the same
way it applies to an application for a taxi licence.
[11] Part 4, Division 4 Taxi licence fees
Omit the Division.
[12] Part 4, Division 5 Dealings with taxi licences
Omit the Division.
Page 3
Point to Point Transport (Taxis and Hire Vehicles) Amendment Bill 2022 [NSW]
Schedule 1 Amendment of Point to Point Transport (Taxis and Hire Vehicles) Act 2016 No 34
[13] Section 69 Variation, suspension or cancellation of taxi licences generally
Insert after section 69(b)--
(b1) without limiting paragraph (b), the holder provides a taxi service
without being--
(i) authorised to provide the service, or
(ii) an affiliated provider, or
[14] Section 69, note
Omit "change area of operation requirements (see section 56) and".
[15] Section 69(2)
Insert at the end of the section, after the note--
(2) To avoid doubt, the variation, suspension or cancellation of a taxi licence does
not prevent the taking of proceedings, or the issuing of a penalty notice, for an
offence, or an alleged offence, under this Act.
[16] Part 4, Division 7 Determination of release of taxi licences
Omit the Division.
[17] Section 74 Referrals to IPART
Omit "maximum" wherever occurring in section 74(1).
[18] Section 75 IPART investigations and recommendations
Omit "maximum" from section 75(1).
[19] Section 155 Fees, charges and levies
Omit section 155(2).
[20] Section 157 Compensation not payable
Omit section 157(2), definition of operation of this Act. Insert instead--
enactment or operation of this Act includes the following--
(a) the enactment or operation of an Act, or the making or operation of an
instrument, that amends this Act,
(b) the operation of an inquiry, notice or order under this Act,
(c) the operation of a contract, or another agreement, entered into under or
for the purposes of this Act.
[21] Section 161
Insert after section 160--
161 Review--Point to Point Transport (Taxis and Hire Vehicles) Amendment Act
2022
(1) This section applies to the following amendments made to this Act by the
Point to Point Transport (Taxis and Hire Vehicles) Amendment Act 2022 (the
reviewable amendments)--
(a) the repeal of section 56,
(b) the substitution of section 58,
(c) the repeal of Part 4, Divisions 4, 5 and 7.
Page 4
Point to Point Transport (Taxis and Hire Vehicles) Amendment Bill 2022 [NSW]
Schedule 1 Amendment of Point to Point Transport (Taxis and Hire Vehicles) Act 2016 No 34
(2) The Minister must, as soon as possible after 2 years from their
commencement, review the reviewable amendments to determine--
(a) whether the policy objectives of the amendments remain valid, and
(b) whether the terms of the amendments remain appropriate for securing
the policy objectives.
(3) The Minister must table a report on the outcome of the review in each House
of Parliament within 12 months after the end of the period of 2 years.
[22] Schedule 1 Regulation-making powers
Omit "or taxi licence" from clause 7(2)(b).
[23] Schedule 1, clause 9(2)(f)
Insert after clause 9(2)(e)--
(f) providing the Commissioner with information about wheelchair
accessible vehicles used by providers.
[24] Schedule 2 Savings, transitional and other provisions
Insert after Part 2--
Part 3 Provisions consequent on enactment of Point to
Point Transport (Taxis and Hire Vehicles)
Amendment Act 2022
19 Definitions
In this Part--
annual taxi licence, ordinary taxi licence and short term taxi licence have the
same meaning as in this Schedule, Part 2.
existing licence means--
(a) a taxi licence issued before the start of the transitional period, or
(b) the following licences continued in force under this Schedule, Part 2--
(i) an annual taxi licence,
(ii) an ordinary taxi licence,
(iii) a short term taxi licence.
holder of a nominated licence--
(a) means the person who provides a taxi service under the licence, but
(b) does not include a person who only facilitates the provision of a taxi
service under the licence.
nominated licence--see clause 21(1)(a).
transitional period means the period--
(a) starting on the commencement of this Part, and
(b) ending on the commencement of clause 26.
20 No further transfers of ordinary taxi licences
Clauses 6 and 7 cease to have effect at the start of the transitional period.
Page 5
Point to Point Transport (Taxis and Hire Vehicles) Amendment Bill 2022 [NSW]
Schedule 1 Amendment of Point to Point Transport (Taxis and Hire Vehicles) Act 2016 No 34
21 Applications for taxi licences during transitional period
(1) The Commissioner must not grant an application for a taxi licence made
during the transitional period unless--
(a) the applicant nominates an existing licence that is in force (the
nominated licence) to be replaced by the taxi licence, and
(b) the Commissioner is satisfied the applicant was, at the start of the
transitional period, the holder of the nominated licence.
(2) On the granting of an application for a taxi licence made during the transitional
period--
(a) the nominated licence is cancelled, and
(b) the Commissioner must, within 21 days, give written notice of the
cancellation to the person listed as the owner of the nominated licence
on the taxi licence register kept by the Commissioner, and
(c) the taxi licence is issued to the applicant subject to a condition that the
taxi must, during the transitional period, be used only to provide a taxi
service within the area of operation, if any, specified for the nominated
licence immediately before its cancellation.
(3) Subclause (2)(c)--
(a) applies despite the repeal of section 56, and
(b) does not apply to the provision of transport by a taxi that results from a
booking, and
(c) does not limit the conditions to which the taxi licence may otherwise be
subject.
(4) This clause does not apply to an application for a taxi licence for a wheelchair
accessible taxi.
22 Application fee not required
An application for a taxi licence made during the transitional period is not
required to be accompanied by a fee prescribed under section 51(3)(c).
23 Return of number-plates not required
Section 130(2) does not apply to the holder of a nominated licence cancelled
by clause 21(2)(a) if the number-plates allocated under the nominated licence
are allocated under the taxi licence issued to the holder on the granting of the
application for a taxi licence made during the transitional period.
24 No review of refusals
(1) A decision to refuse, or a failure to grant, an application for a taxi licence made
during the transitional period is not a reviewable decision, despite section
145(2)(a).
(2) This clause does not apply to an application for a taxi licence for a wheelchair
accessible taxi.
25 Outstanding licence fees not payable
A licence fee, or part of a licence fee, payable for an existing licence ceases to
be payable on the cancellation of the licence by clause 21(2)(a) or 26.
[25] Schedule 2, clause 26
Insert after clause 25, as inserted by Schedule 1[24]--
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Point to Point Transport (Taxis and Hire Vehicles) Amendment Bill 2022 [NSW]
Schedule 1 Amendment of Point to Point Transport (Taxis and Hire Vehicles) Act 2016 No 34
26 Cancellation of existing licences
On the commencement of this clause, each existing licence that is in force is
cancelled.
[26] Schedule 3
Omit the Schedule. Insert instead--
Schedule 3 Further adjustment assistance for taxi
industry
1 Definitions
In this Schedule--
further transitional assistance funds means money for the purposes of
payments, in connection with the cancellation of ordinary taxi licences by
Schedule 2, clauses 21(2)(a) and 26, to persons who meet the criteria for
eligibility established under this Schedule.
ordinary taxi licence means an ordinary taxi licence within the meaning of
Schedule 2, Part 2 that is continued in force under Schedule 2, Part 2.
2 Further transitional assistance funds payments scheme
(1) The regulations may make provision about further transitional assistance
funds, including the following--
(a) the persons who are eligible to receive further transitional assistance
funds,
(b) the amount payable, or the method for determining the amount payable,
to eligible applicants,
(c) proof of eligibility,
(d) applications for further transitional assistance funds,
(e) the period within which applications may be made,
(f) the determination of applications for further transitional assistance
funds,
(g) conditions on payment of further transitional assistance funds,
(h) the provision of additional information or records by applicants,
(i) reviews of decisions about applications,
(j) the determination or approval of a matter referred to in paragraphs
(a)-(i) by TfNSW.
(2) To avoid doubt, the regulations may make provision about further transitional
assistance funds before the commencement of Schedule 2, clauses 21(2)(a)
and 26.
3 Provision of further transitional assistance funds
Further transitional assistance funds must be provided--
(a) from money appropriated, but not used, for the purpose of providing
assistance funds under this Schedule before its substitution by the Point
to Point Transport (Taxis and Hire Vehicles) Amendment Act 2022, or
(b) from money otherwise appropriated by Parliament.
Page 7
Point to Point Transport (Taxis and Hire Vehicles) Amendment Bill 2022 [NSW]
Schedule 1 Amendment of Point to Point Transport (Taxis and Hire Vehicles) Act 2016 No 34
4 Improper conduct
(1) The Minister may determine that a person who engages in improper conduct
in relation to an application for, or payment of, further transitional assistance
funds is not entitled to be paid further transitional assistance funds.
(2) The Minister may, by written notice, require a person who receives an amount
of further transitional assistance funds to repay the amount if the Minister
reasonably believes the person has engaged in improper conduct, whether in
relation to--
(a) that amount, or
(b) other further transitional assistance funds paid to the person.
(3) An amount of further transitional assistance funds required to be repaid under
this clause may be recovered by the Secretary of the Department of Transport
in a court of competent jurisdiction as a debt due to the Crown.
(4) In proceedings instituted for the recovery of a debt due to the Crown under this
clause, a certificate of the Minister that a specified amount is the amount of the
debt is evidence of that fact.
(5) In this clause--
improper conduct includes the following--
(a) doing or omitting to do a thing for the purpose of misrepresenting
eligibility to receive further transitional assistance funds,
(b) making a statement, or giving information, knowing it is false or
misleading in a material particular--
(i) in, or in relation to, an application for further transitional
assistance funds, or
(ii) for the purpose of obtaining or keeping further transitional
assistance funds,
(c) transferring a taxi-cab licence, or engaging in or facilitating any other
transaction involving a licence granted under the Passenger Transport
Act 1990, for the purpose of--
(i) altering an entitlement to receive further transitional assistance
funds, or
(ii) gaining further transitional assistance funds.
5 Repeal of Schedule
This Schedule is repealed on a day appointed by proclamation.
[27] Schedule 4 Passenger service levy
Omit clause 4(1). Insert instead--
(1) The amount of the levy is the following for each passenger service transaction
by the provider of a passenger service or booking service that occurred in the
assessment period for which the levy is payable--
(a) for a transaction before 1 July 2023--$1,
(b) for a transaction on or after 1 July 2023--$1.20.
[28] Schedule 4, clause 14
Omit clause 14(2). Insert instead--
(2) The levy repeal day is--
Page 8
Point to Point Transport (Taxis and Hire Vehicles) Amendment Bill 2022 [NSW]
Schedule 1 Amendment of Point to Point Transport (Taxis and Hire Vehicles) Act 2016 No 34
(a) 1 January 2031, or
(b) an earlier day specified by the Minister by order published in the
Gazette.
Page 9
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