Australian Capital Territory Numbered Regulations

ROAD TRANSPORT LEGISLATION AMENDMENT REGULATION 2010 (NO 2) (NO 7 OF 2010) - REG 16

in division 5.2, insert

88A     Public vehicle licence––licence taken to be cancelled if holder no longer eligible

    (1)     This section applies if—

        (a)     a person holds a public vehicle licence; and

        (b)     when the person applied for the licence, the person was eligible, under section 62 (3) (e), to apply because the person was a temporary resident who held a visa that allowed the person to work as a public vehicle driver.

    (2)     The person's public vehicle licence is taken to be cancelled if the visa expires, is revoked or changes so that the person is no longer allowed to work as a public vehicle driver.

    (3)     However, subsection (2) does not apply if the person may lawfully work as a public vehicle driver for another reason.

Examples—other reasons

1     the person is issued with a permanent resident visa

2     the person is issued with a new temporary visa

Note     An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (4)     If a person's public vehicle licence is taken to be cancelled under this section, the person must return the licence as soon as practicable (but within 7 days) after the day the licence is taken to be cancelled, to the road transport authority.

Maximum penalty: 20 penalty units.

    (5)     An offence against this section is a strict liability offence.

88B     Public vehicle licence––licence holder to give information about visa status

    (1)     This section applies if—

        (a)     a person holds a public vehicle licence; and

        (b)     when the person applied for the licence, the person was eligible, under section 62 (3) (e), to apply because the person was a temporary resident who held a visa that allowed the person to work as a public vehicle driver.

    (2)     The person commits an offence if—

        (a)     the road transport authority asks the person, in writing, to give the authority evidence that the person holds a visa that allows the person to work as a public vehicle driver; and

        (b)     the person fails to comply with the request within the stated time or within 14 days after the day the request was made.

Maximum penalty: 10 penalty units.

    (3)     An offence against this section is a strict liability offence.