Point to Point Transport (Taxis and Hire Vehicles) Act 2016 No 34

Currency

A amended to Road Transport and Related Legislation Amendment Act 2017 (No 61). Sch 3 commenced 23 November 2017. Current to 21 August 2018.

Jurisdiction

Section 136(1): Proceedings for an offence under this Act or the regulations may be dealt with summarily before the Local Court or before the Supreme Court in its summary jurisdiction.

Section 136(2): Proceedings for a Category 1 offence under Pt 2 committed by an individual are to be taken on indictment. Such offences relate to alleged breaches of the primary duty of care owed by providers of passenger service set out in Div 2 of Pt 2. The maximum penalty for a Category 1 offence is, in the case of an individual $300,000 and/or 2 yrs imprisonment; body corporate $3,000,000: s 16(1).

Section 136(3): The maximum monetary penalty if proceedings are brought before the Local Court is $50,000, despite any higher maximum monetary penalty provided in respect of the offence

Section 136(4): Proceedings for an offence may be commenced within 2 yrs after the offence first comes to the notice of the Commissioner.

Section 132: Provides for the imputing of an employee’s conduct to a body corporate.

Executive liability offences

Section 133: deals with the liability of directors for offences by a body corporate and establishes that certain offences under ss 27, 28, 47, 48, 76(5), 78, 79(4), 85, 89, 102 or 126 are “executive liability offences” where the maximum penalty is the same as if committed by an individual.

Appellable decisions

Section 146: provides for appeals to the Local Court against “appellable decisions” under the Act. Section 146(2) sets out the decisions that are “appellable decisions”.

SECTION DESCRIPTION PENALTY (MAX)
16 Safety duty offence: Category 1 — can only be dealt with on indictment Corp $50,000*
Indiv $50,000* and/or 2 yrs
17 Safety duty offence: Category 2 Corp $50,000*
Indiv $50,000*
18 Safety duty offence: Category 3 Corp $50,000*
Indiv $50,000*
25(2) Dismissal or other victimisation of worker Corp 500 pu
Indiv 100 pu
27** Provider of taxi service or booking service must be authorised Corp $50,000*
Indiv $50,000*
47** Taxis must be licensed 1st off: Corp $50,000*
Indiv $50,000*
2nd off within 5 yrs of 1st off:
Corp $50,000*
Indiv $50,000*
89** Failure to comply with a prohibition notice relating to an activity occurring in the provision of passenger or booking service involving an immediate and serious risk to the health or safety of a person. Corp $50,000*
Indiv $50,000*
126** Offences relating to inspection, hindering authorised officers etc Corp $50,000*
Indiv $50,000*
139A Failure to comply with requirement to provide information to Commissioner Corp $50,000*
Indiv $10,000*

* Maximum penalty in the Local Court: s 136(3).

** Executive liability offence: s 133.