Western Australian Numbered Acts

TAXI AMENDMENT ACT 2007 (NO. 26 OF 2007) - SECT 7

7 .         Section 21 amended

                After section 21(2) the following subsections are inserted —

“
        (3)         Where the Director General decides that a plate holder has not, for a period of at least 60 days, used taxi plates owned or leased by him or her on a vehicle being operated as a taxi in accordance with this Act, the Director General may serve notice on that person —

            (a)         stating the reason the Director General made that decision; and

            (b)         requiring the plate holder —

                  (i)         in the case of an owner of taxi plates — to divest himself or herself of any interest in the ownership of the taxi plates within 45 days after the day of service of the notice (the "divestment period” ); or

                  (ii)         in the case of a lessee of taxi plates — advising him or her of the effect of the relevant provisions of subsections (4) and (5).

        (4)         Where a person fails to divest himself or herself of his or her interest in the ownership of taxi plates within the divestment period or a person is served with a notice under subsection (3)(b)(ii) in relation to the leasing of taxi plates —

            (a)         his or her right to the plates is forfeited to the Director General —

                  (i)         if he or she has applied under subsection (5) for a review — on the making of a decision that confirms the Director General’s decision or that otherwise results in the forfeiture of that right; or

                  (ii)         otherwise on the expiry of —

                        (I)         in the case of an owner of taxi plates — the divestment period; or

        (II)         in the case of a lessee of taxi plates — the period specified in subsection (5);

                and

            (b)         the plates may then be offered for sale or lease, as the case requires, in accordance with section 16.

        (5)         Where the Director General serves notice on a person under subsection (3), the person may within 14 days after the day of service of that notice apply to the State Administrative Tribunal for a review of the Director General’s decision that he or she has not, for a period of at least 60 days, used taxi plates owned or leased by him or her on a vehicle being operated as a taxi in accordance with this Act.

        (6)         In this section —

        “plate holder” , in relation to a plate holder that is a partnership, means each member of the partnership.

”.