Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulationssubstitute
Division 4.2.2 Transferable leased taxi licences—issue
83 Transferable leased taxi licences—application for issue
The holder of a defined right for a transferable leased taxi licence may apply to the road transport authority for the issue of a transferable leased taxi licence.
Note 1 For how a defined right is obtained, see div 4.2.6.
Note 2 If a form is approved under the Road Transport (General) Act 1999 , s 225 for this provision, the form must be used.
Note 3 A fee for the application may be determined under the Road Transport (General) Act 1999 , s 96.
83A Transferable leased taxi licences—decision on application
(1) On application under section 83, the holder of a defined right for a transferable leased taxi licence is entitled to be issued with a transferable leased taxi licence if—
(a) the holder is accredited to operate a taxi service (other than a restricted taxi service); and
(b) the vehicle for which the licence is to be issued is not a vehicle in relation to which, under the Road Transport (Vehicle Registration) Regulation 2000 , section 32B (1) (Deciding applications for registration—taxis), the authority must refuse to approve an application for registration as a taxi (other than a wheelchair-accessible taxi); and
(c) the holder has complied with the conditions for the defined right.
Note For defined right conditions, see s 84M.
(2) To remove any doubt, subsection (1) does not prevent the holder of the defined right from applying for the issue of a transferable leased taxi licence but the road transport authority must not issue the licence unless the holder is entitled to be issued with the licence under that subsection.
(3) If the road transport authority does not refuse the application, the authority must issue a transferable leased taxi licence to the holder.
(4) The road transport authority must give the holder written notice of the authority's decision on the application.
(5) The maximum period for which the road transport authority may issue a transferable leased taxi licence is 6 years.
(6) A transferable leased taxi licence may be issued subject to a condition imposed by the road transport authority.
Division 4.2.3 Wheelchair-accessible taxi licences—issue
83D Wheelchair-accessible taxi licences—application for issue
The holder of a defined right for a wheelchair-accessible taxi licence may apply to the road transport authority for the issue of a wheelchair-accessible taxi licence.
Note 1 For how a defined right is obtained, see div 4.2.6.
Note 2 If a form is approved under the Road Transport (General) Act 1999 , s 225 for this provision, the form must be used.
Note 3 A fee for the application may be determined under the Road Transport (General) Act 1999 , s 96.
83E Wheelchair-accessible taxi licences—decision on application
(1) On application under section 83D, the holder of a defined right for a wheelchair-accessible taxi licence is entitled to be issued with a wheelchair-accessible taxi licence if—
(a) the holder is accredited to operate a restricted taxi service for a wheelchair-accessible taxi; and
(b) the vehicle for which the licence is to be issued is not a vehicle in relation to which, under the Road Transport (Vehicle Registration) Regulation 2000 , section 32B (2) (Deciding applications for registration—taxis), the authority must refuse to approve an application for registration as a wheelchair-accessible taxi; and
(c) the holder has complied with the conditions for the defined right.
Note For defined right conditions, see s 84M.
(2) To remove any doubt, subsection (1) does not prevent the holder of the defined right from applying for the issue of a wheelchair-accessible taxi licence but the road transport authority must not issue the licence unless the holder is entitled to be issued with the licence under that subsection.
(3) If the road transport authority does not refuse the application, the authority must issue a wheelchair-accessible taxi licence to the holder.
(4) The road transport authority must give the holder written notice of the authority's decision on the application.
(5) The maximum period for which the road transport authority may issue a wheelchair-accessible taxi licence is 6 years.
(6) A wheelchair-accessible taxi licence may be issued subject to a condition imposed by the road transport authority.
Division 4.2.4 NSW cross-border taxi licences—issue
83F NSW cross-border taxi licences—application for issue
The accredited taxi-cab operator of a NSW cross-border taxi may apply to the road transport authority for the issue of a NSW cross-border taxi licence.
Note 1 Accredited taxi-cab operator and NSW cross-border taxi are defined in the dictionary.
Note 2 If a form is approved under the Road Transport (General) Act 1999 , s 225 for this provision, the form must be used.
Note 3 A fee for the application may be determined under the Road Transport (General) Act 1999 , s 96.
83G NSW cross-border taxi licences—decision on application
(1) On application under section 83F, the accredited taxi-cab operator of a NSW cross-border taxi is entitled to be issued with a NSW cross-border taxi licence if the operator is accredited (under this regulation) to operate a restricted taxi service for a NSW cross-border taxi.
(2) However, the road transport authority must refuse the application if a taxi licence, or an accreditation to operate any kind of taxi service, held by the operator is suspended under chapter 6 (Disciplinary action).
(3) If the road transport authority does not refuse the application, the authority must issue a NSW cross-border taxi licence to the operator.
(4) The road transport authority must give the operator written notice of the authority's decision on the application.
(5) The maximum period for which the road transport authority may issue a NSW cross-border taxi licence is 6 years.
(6) A NSW cross-border taxi licence may be issued subject to a condition imposed by the road transport authority.
Division 4.2.5 Renewal of taxi licences
84 Leased taxi licences not renewable
(1) The road transport authority must not renew a transferable leased taxi licence.
(2) Compensation is not payable to anyone because a transferable leased taxi licence is not renewed.
84A Restricted taxi licences—application for renewal
(1) The holder of a restricted taxi licence may apply to the road transport authority for the renewal of the licence.
Note 1 If a form is approved under the Road Transport (General) Act 1999 , s 225 for this provision, the form must be used.
Note 2 A fee for the application may be determined under the Road Transport (General) Act 1999 , s 96.
(2) The road transport authority need not decide the application before the licence expires unless the application is given to the road transport authority at least 14 days before the day the licence expires.
84B Restricted taxi licences—decision on application for renewal
(1) The road transport authority may refuse an application for the renewal of a restricted taxi licence if—
(a) the authority believes, on reasonable grounds, that the licence-holder has contravened a condition of the taxi licence being renewed or another taxi licence held by the licence-holder; or
(b) the licence-holder has not complied with a requirement of the Act relating to the application; or
(c) another taxi licence, or an accreditation to operate any kind of taxi service, held by the licence-holder is suspended under chapter 6 (Disciplinary action).
Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
(2) The road transport authority must refuse the application if—
(a) the licence-holder does not hold the relevant accreditation for the restricted taxi licence to which the application relates; or
(b) for an application for the renewal of a wheelchair-accessible taxi licence—the vehicle for which the licence is to be renewed is not a vehicle in relation to which, under the Road Transport (Vehicle Registration) Regulation 2000 , section 32B (2) (Deciding applications for registration—taxis), the authority must refuse to approve an application for registration as a wheelchair-accessible taxi.
(3) If the road transport authority does not refuse the application, the authority must renew the taxi licence.
(4) The road transport authority must give the licence-holder written notice of the authority's decision on the application.
(5) A restricted taxi licence may be renewed subject to a condition imposed by the road transport authority.
(6) Compensation is not payable to anyone because a restricted taxi licence is not renewed under this section.
(7) In this section:
"relevant accreditation" means—
(a) for a wheelchair-accessible taxi licence—accreditation to operate a restricted taxi service for a wheelchair-accessible taxi; or
(b) for a NSW cross-border taxi licence—accreditation to operate a restricted taxi service for a NSW cross-border taxi.
84C Restricted taxi licences—term of renewed licences
The maximum period for which the road transport authority may renew a restricted taxi licence is 6 years.
Division 4.2.6 Defined rights for certain taxi licences
84D Power to issue defined rights
(1) The road transport authority may give a person a defined right for a relevant taxi licence if the person—
(a) is allocated the right in a ballot of defined rights conducted under this division; or
(b) accepts the offer of the right under section 84K (Offering defined rights to ballot reserves).
(2) In this section:
"relevant taxi licence" means—
(a) a transferable leased taxi licence; or
(b) a wheelchair-accessible taxi licence.
84E Defined rights ballots
(1) A person may take part in a ballot of defined rights for a taxi licence only if the person is entered in the ballot under section 84H (Decision on application for ballot).
(2) The road transport authority may set conditions for a ballot of defined rights.
(3) The conditions (if any) for a ballot of defined rights set under subsection (2) are a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act.
84F Notification of ballots
(1) The road transport authority must prepare a notice for each ballot of defined rights.
(2) The notice must include the following details:
(a) the date and time of the ballot;
(b) the number of defined rights available to be balloted;
(c) whether the taxi licences to which the defined rights relate are—
(i) transferable leased taxi licences; or
(ii) restricted taxi licences for wheelchair-accessible taxis;
(d) how a person may apply for entry in the ballot;
(e) when applications close.
(3) The road transport authority must publish the notice in a daily newspaper published and circulating in the ACT at least 35 days before the day the ballot is to be conducted.
84G Application for entry in ballot
(1) A person may apply to the road transport authority for entry into a ballot of defined rights.
Note An application by a child must be refused (see s 84H (1) (b)).
(2) The application must be in accordance with the form approved under the Road Transport (General) Act 1999 , section 225 for this section.
Note A fee for the application may be determined under the Road Transport (General) Act 1999 , s 96.
(3) The person may make only 1 application for entry into a particular ballot of defined rights.
(4) The road transport authority may require the person to give the authority further stated information or a stated document that the authority reasonably needs to decide the application.
(5) The road transport authority may refuse to consider the application further if the requirement is made in writing and the person does not comply with the requirement.
84H Decision on application for ballot
(1) The road transport authority must refuse an application for entry into a ballot of defined rights if—
(a) a taxi licence, or an accreditation to operate any kind of taxi service, held by the applicant is suspended under chapter 6 (Disciplinary action); or
(b) for an application by an individual—the applicant is a child.
(2) The road transport authority must enter the applicant in the ballot if the authority does not refuse the application.
(3) The road transport authority must give the applicant written notice of the authority's decision on the application.
84I Withdrawal from ballot
If a person is entered in a ballot of defined rights, the person may withdraw from the ballot by written notice given to the road transport authority.
Note If a form is approved under the Road Transport (General) Act 1999 , s 225 for this provision, the form must be used.
84J Ballot reserve list
(1) This section applies if all the defined rights available for a ballot for a kind of taxi licence are allocated without everyone who is entered in the ballot being allocated a defined right.
(2) The road transport authority may continue the ballot to create a reserve list of ballot entrants who may be offered a defined right under section 84K.
(3) The reserve list continues in force until—
(a) 1 year after the day the ballot is held; or
(b) if a notice for the holding of another ballot for the kind of taxi licence to which the ballot related is published under section 84F (Notification of ballots)—when the notice is published.
84K Offering defined rights to ballot reserves
(1) If a reserve list for defined rights for transferable leased taxi licences is in force, the road transport authority may, in writing, offer a defined right for a transferable leased taxi licence to people on the reserve list if—
(a) a defined right of that kind allocated to a person under this division ends before a transferable leased taxi licence is issued to the person; or
(b) a transferable leased taxi licence is cancelled or surrendered.
(2) If a reserve list for defined rights for wheelchair-accessible taxi licences is in force, the road transport authority may, in writing, offer a defined right for a wheelchair-accessible taxi licence to people on the reserve list if—
(a) a defined right of that kind allocated to a person under this division ends before a wheelchair-accessible taxi licence is issued to the person; or
(b) a wheelchair-accessible taxi licence is cancelled or surrendered.
(3) The following provisions apply to an offer under this section:
(a) the offer must be made to people on the reserve list in the order in which the people's names were drawn from the ballot for the list;
(b) the offer is subject to the conditions (if any) stated in the offer, including, for example, a condition about how long the offer is open for acceptance.
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).
84L When defined rights end
(1) A defined right ends when the earliest of the following happens:
(a) the holder of the right surrenders the right to the road transport authority by written notice given to the authority;
(b) a taxi licence of the kind to which the right relates is issued to the holder of the right;
(c) the right ends in accordance with the conditions for the right.
(2) Compensation is not payable to anyone because of the ending of a defined right under subsection (1) (a) or (c).
84M Defined right conditions
(1) A defined right is issued subject to the conditions determined by the road transport authority for the right, including, for example, conditions about when the right ends.
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).
(2) A determination under subsection (1) is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
84N Defined rights not transferable
A defined right is not transferable.