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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Transport (Road Passenger Services)
Amendment (COVID-19 Response and Regional
Assistance) Bill 2020
Contents
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Section 3 amended 2
5. Part 9 heading replaced 2
Part 9 -- Voluntary buyback and industry assistance
schemes and levy
6. Part 9 Division 2A inserted 3
Division 2A -- COVID-19 relief payments
257A. Terms used 3
257B. Minister may determine that COVID-19
relief payment is payable 3
257C. Grant of COVID-19 relief payment 4
257D. Amount and payment of COVID-19 relief
payment 5
7. Part 9 Division 4 inserted 5
Division 4 -- Regional assistance payments
261A. Terms used 5
261B. Minister to determine eligibility criteria and
calculation method for regional assistance
payment 6
261C. Application for regional assistance
payment 7
261D. Requirement to grant regional assistance
payment 8
261E. Amount and payment of regional
assistance payment 8
178--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Transport (Road Passenger Services)
Amendment (COVID-19 Response and Regional
Assistance) Bill 2020
A Bill for
An Act to amend the Transport (Road Passenger Services) Act 2018 in
response to the COVID-19 pandemic and to provide for regional
assistance payments.
The Parliament of Western Australia enacts as follows:
page 1
Transport (Road Passenger Services) Amendment (COVID-19 Response
and Regional Assistance) Bill 2020
s. 1
1 1. Short title
2 This is the Transport (Road Passenger Services) Amendment
3 (COVID-19 Response and Regional Assistance) Act 2020.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) sections 1 and 2 -- on the day on which this Act
7 receives the Royal Assent;
8 (b) the rest of the Act -- on the day after that day.
9 3. Act amended
10 This Act amends the Transport (Road Passenger Services)
11 Act 2018.
12 4. Section 3 amended
13 Delete section 3(c) and insert:
14
15 (c) to provide for an on-demand passenger
16 transport levy; and
17 (ca) to provide for a buyback scheme for owners of
18 taxi plates issued under the Taxi Act 1994, and
19 for COVID-19 relief payments and regional
20 assistance payments, which may be funded by
21 the levy; and
22
23 5. Part 9 heading replaced
24 Delete the heading to Part 9 and insert:
25
26 Part 9 -- Voluntary buyback and industry
27 assistance schemes and levy
28
page 2
Transport (Road Passenger Services) Amendment (COVID-19 Response
and Regional Assistance) Bill 2020
s. 6
1 6. Part 9 Division 2A inserted
2 After Part 9 Division 2 insert:
3
4 Division 2A -- COVID-19 relief payments
5 257A. Terms used
6 In this Division --
7 COVID-19 relief payment has the meaning given in
8 section 257B(1);
9 eligible industry participant, in relation to a
10 COVID-19 relief payment, means a relevant industry
11 participant who --
12 (a) is of the class specified in the determination
13 under section 257B(1) for the COVID-19 relief
14 payment; and
15 (b) meets the eligibility criteria for the COVID-19
16 relief payment set out in that determination;
17 relevant industry participant means the holder of an
18 on-demand booking service authorisation or a
19 passenger transport vehicle authorisation.
20 257B. Minister may determine that COVID-19 relief
21 payment is payable
22 (1) The Minister may, by notice published in the Gazette,
23 determine that a payment (a COVID-19 relief
24 payment) is payable to relevant industry participants of
25 a specified class for the purpose of providing relief to
26 those participants from the economic effects of the
27 COVID-19 pandemic.
28 (2) A determination under subsection (1) must set out --
29 (a) the eligibility criteria that apply to the
30 COVID-19 relief payment; and
page 3
Transport (Road Passenger Services) Amendment (COVID-19 Response
and Regional Assistance) Bill 2020
s. 6
1 (b) either --
2 (i) the amount of the COVID-19 relief
3 payment; or
4 (ii) a method for calculating the amount of
5 the COVID-19 relief payment.
6 (3) The Minister may make more than 1 determination
7 under subsection (1).
8 (4) The Minister may, by notice published in the Gazette,
9 amend or revoke a determination under subsection (1).
10 257C. Grant of COVID-19 relief payment
11 (1) Subject to subsection (2), the CEO must, by written
12 notice, grant a COVID-19 relief payment to an eligible
13 industry participant if --
14 (a) the determination under section 257B(1) for the
15 COVID-19 relief payment is in force; and
16 (b) no other COVID-19 relief payment under that
17 determination has been granted to the eligible
18 industry participant.
19 (2) If the CEO requires an application to be made for the
20 COVID-19 relief payment, the payment is not required
21 to be granted unless the eligible industry participant
22 applies for the payment --
23 (a) in the approved form; and
24 (b) on or before the date required by the CEO.
25 (3) An applicant for a COVID-19 relief payment to which
26 subsection (2) applies must provide any additional
27 information that the CEO may require for the proper
28 consideration of the application.
29 (4) The CEO may require any information provided with
30 an application to be verified by statutory declaration.
page 4
Transport (Road Passenger Services) Amendment (COVID-19 Response
and Regional Assistance) Bill 2020
s. 7
1 257D. Amount and payment of COVID-19 relief payment
2 (1) The amount of a COVID-19 relief payment is --
3 (a) if the amount of the payment is set out under
4 section 257B(2)(b)(i) -- that amount; or
5 (b) if a method for calculating the amount of the
6 payment is set out under
7 section 257B(2)(b)(ii) -- an amount determined
8 by the CEO according to that method.
9 (2) A COVID-19 relief payment is to be paid to the
10 eligible industry participant to whom it is granted.
11 (3) No more than 1 COVID-19 relief payment may be paid
12 to an eligible industry participant under the same
13 determination under section 257B(1).
14
15 7. Part 9 Division 4 inserted
16 At the end of Part 9 insert:
17
18 Division 4 -- Regional assistance payments
19 261A. Terms used
20 In this Division --
21 eligible taxi-car operator, in relation to a relevant
22 licence, means a taxi-car operator who meets the
23 eligibility criteria determined under section 261B(1)(a)
24 for a regional assistance payment in relation to the
25 licence;
26 relevant licence means a licence that --
27 (a) was issued under the Transport Co-ordination
28 Act 1966 Part IIIB before that Part was repealed
29 on 2 July 2019; and
page 5
Transport (Road Passenger Services) Amendment (COVID-19 Response
and Regional Assistance) Bill 2020
s. 7
1 (b) was not a temporary taxi-car licence as defined
2 in the Transport (Country Taxi-car)
3 Regulations 1982 regulation 4 as in force
4 immediately before 2 July 2019;
5 taxi-car operator, in relation to a relevant licence,
6 means a person who, immediately before
7 2 July 2019 --
8 (a) either --
9 (i) held the relevant licence; or
10 (ii) was a party to an agreement to acquire
11 the relevant licence from the holder of
12 the relevant licence;
13 and
14 (b) was --
15 (i) carrying on a business for the operation
16 of a taxi-car under the authority of the
17 relevant licence; or
18 (ii) leasing rights under the relevant licence
19 to another person who was carrying on
20 such a business.
21 261B. Minister to determine eligibility criteria and
22 calculation method for regional assistance payment
23 (1) The Minister must, by notice published in the Gazette,
24 determine --
25 (a) the eligibility criteria for a regional assistance
26 payment in relation to a relevant licence; and
27 (b) a method for calculating the amount of a
28 regional assistance payment; and
29 (c) the due date for applications for regional
30 assistance payments.
page 6
Transport (Road Passenger Services) Amendment (COVID-19 Response
and Regional Assistance) Bill 2020
s. 7
1 (2) Different eligibility criteria may be determined under
2 subsection (1)(a) for different classes of taxi-car
3 operators.
4 (3) The calculation method determined under
5 subsection (1)(b) may take into account any matters
6 that the Minister considers appropriate, including any
7 of the following --
8 (a) when the relevant licence was acquired or the
9 agreement for the acquisition was made;
10 (b) the amount paid in relation to the acquisition or
11 agreement to acquire the relevant licence;
12 (c) the estimated profits that could have been made
13 in connection with the relevant licence;
14 (d) any subsidy or other amount that has previously
15 been paid to the eligible taxi-car operator;
16 (e) any fees or other amounts relating to the
17 relevant licence that are unpaid;
18 (f) estimates of any amounts referred to in
19 paragraphs (b) to (e) made by reference to
20 averages or other relevant information.
21 (4) The Minister may, by notice published in the Gazette,
22 amend a determination under subsection (1).
23 261C. Application for regional assistance payment
24 (1) An eligible taxi-car operator may apply for a regional
25 assistance payment in relation to a relevant licence.
26 (2) If the application is in relation to a relevant licence for
27 which there are 2 or more eligible taxi-car operators,
28 the application must be made jointly by the eligible
29 taxi-car operators.
30 (3) The application must be made to the CEO in the
31 approved form on or before the due date determined
32 under section 261B(1)(c).
page 7
Transport (Road Passenger Services) Amendment (COVID-19 Response
and Regional Assistance) Bill 2020
s. 7
1 (4) An applicant must provide any additional information
2 that the CEO may require for the proper consideration
3 of the application.
4 (5) The CEO may require any information provided with
5 an application to be verified by statutory declaration.
6 261D. Requirement to grant regional assistance payment
7 The CEO must, by written notice, grant an application
8 for a regional assistance payment in relation to a
9 relevant licence if --
10 (a) the applicant, or if a joint application, each
11 applicant, is an eligible taxi-car operator; and
12 (b) no other application for a regional assistance
13 payment in relation to the licence has been
14 granted; and
15 (c) no more than 4 other applications for regional
16 assistance payments have been granted to the
17 applicant, or if a joint application, to the joint
18 applicants.
19 261E. Amount and payment of regional assistance
20 payment
21 (1) The amount of a regional assistance payment is to be
22 determined by the CEO according to the calculation
23 method determined under section 261B(1)(b).
24 (2) A regional assistance payment is to be paid to --
25 (a) the applicant; or
26 (b) if the application specifies a person who is to
27 receive the payment on behalf of the eligible
28 taxi-car operators for the licence -- that person.
29 (3) No more than 1 regional assistance payment may be
30 paid in relation to the same relevant licence.
page 8
Transport (Road Passenger Services) Amendment (COVID-19 Response
and Regional Assistance) Bill 2020
s. 7
1 (4) No more than 5 regional assistance payments may be
2 paid in relation to the same applicant or, in the case of
3 joint applications, the same joint applicants.
4
5
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