Victorian Numbered Regulations

TRANSPORT (BUSES, TAXI-CABS AND OTHER COMMERCIAL PASSENGER VEHICLES) (TAXI-CAB INDUSTRY ACCREDITATION AND OTHER MATTERS) REGULATIONS 2017 (SR NO 50 OF 2017) - REG 36

    (1)     In this regulation—

"non-cash payment processing device" has the same meaning as it does in section 228RA of the Act;

"relevant service "means a non-cash payment processing service as defined in section 228RA of the Act;

"taxi non-cash payment surcharge" has the same meaning as it does in section 228RA of the Act;

"taxi non-cash payment transaction" has the same meaning as it does in section 228RA of the Act.

    (2)     This regulation applies to a person who provides a relevant service that facilitates the processing of a taxi non-cash payment transaction that is a payment of an amount that includes a taxi non-cash payment surcharge (a relevant transaction ).

    (3)     A person to whom this regulation applies must keep records sufficient to identify—

        (a)     in respect of each relevant transaction facilitated by the relevant service—

              (i)     the amount of the taxi non-cash payment surcharge; and

              (ii)     the amount that would have been payable by the hirer in respect of the hiring to which the transaction relates if the hiring had been paid for in cash; and

              (iii)     the date on which the transaction was processed; and

        (b)     in respect of each day on which the relevant service facilitated the processing of a relevant transaction—

              (i)     the total amount of the taxi non-cash payment surcharges that were added to the relevant transactions on that day; and

              (ii)     the total amount that would have been payable by the hirers in respect of the hirings to which the relevant transactions on that day relate if those hirings had been paid for in cash; and

        (c)     in respect of each non-cash payment processing device supplied by the person or used to process a relevant transaction—

              (i)     if the device is programmed to add a taxi non-cash payment surcharge that is a fixed amount, the amount of that surcharge; and

              (ii)     if the device is programmed to add a taxi non-cash payment surcharge that is not a fixed amount, the basis on which the amount of the surcharge is determined; and

              (iii)     any day on which the programming of the device is set or changed—

    (A)     to make the device add a taxi non-cash payment surcharge; or

    (B)     to change the amount the device adds as a taxi non-cash payment surcharge; and

              (iv)     each taxi-cab in relation to which the device is used; and

              (v)     the periods during which the device is used in relation to each taxi-cab; and

              (vi)     if the device is supplied by the person—

    (A)     each operator or driver to whom the person supplies the device; and

    (B)     the period during which the person supplies the device to each operator or driver.

    (4)     A person to whom this regulation applies must keep the records required under subregulation (3) for a period of at least 5 years after the last entries in the records are made.

Note

The Electronic Transactions (Victoria) Act 2000 provides that a requirement to keep written records is taken to have been met if the person records information in electronic form.