You are using a version of the website built for webcrawlers and people whose devices cannot use javascript.
Some functionality will not be available.
Contents (2016 - 34)
Skip to content
Point to Point Transport (Taxis and Hire Vehicles) Act 2016 No 34
Current version for 26 September 2019 to date (accessed 29 January 2020 at 09:48)
Schedule 2
Schedule 2 Savings, transitional and other provisions
Part 1 General
1   Regulations
(1)  The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.
(2)  Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3)  To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as—
(a)  to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b)  to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
(4)  The regulations under this Part have effect despite anything to the contrary in this Schedule.
(5)  The regulations under this Part may make separate savings and transitional provisions or amend this Schedule to consolidate the savings and transitional provisions.
Part 2 Provisions consequent on enactment of this Act
2   Definitions
In this Part—
1990 Act means the Passenger Transport Act 1990.
2014 Act means the Passenger Transport Act 2014.
annual taxi licence means an annual taxi-cab licence in force under the 1990 Act immediately before the commencement of Part 4 of this Act.
existing fares order means a fares order, including any existing fare determination (within the meaning of Schedule 3 to the 2014 Act), relating to taxis or hire vehicles that was in force under the 2014 Act immediately before the commencement of Part 5 of this Act.
ordinary taxi licence means an ordinary taxi-cab licence in force under the 1990 Act immediately before the commencement of Part 4 of this Act.
short term taxi licence means a short-term taxi-cab licence in force under the 1990 Act immediately before the commencement of Part 4 of this Act.
taxi-cab network authorisation means an authorisation to operate a taxi-cab network that was in force under the 1990 Act immediately before the commencement of Part 3 of this Act.
3   Existing taxi licences
(1)  An ordinary taxi licence continues in force unless cancelled under this Act.
(2)  A short term taxi licence or annual taxi licence continues in force for the period for which the licence was granted unless sooner cancelled under this Act.
(3)  An annual taxi licence may be renewed in accordance with this Act.
(4)  An ordinary taxi licence, short term taxi licence or annual taxi licence is subject to any conditions or terms imposed by RMS that applied to the licence immediately before the commencement of Part 4 of this Act.
(5)  An ordinary taxi licence, short term taxi licence or annual taxi licence that was a nexus licence or a paired licence (within the meaning of Part 12 of Schedule 3 to the 1990 Act) continues to be subject to any conditions imposed under that Part that applied to the licence immediately before the commencement of Part 4 of this Act.
(5A)  An ordinary taxi licence, of class TX01A, TX03, TX03WAT, TX13, TX50A, TXC1, TXHAP or TXHAPTR, that is subject to a condition permitting it to be renewed may be renewed in accordance with that condition despite any other provision of this Act.
(6)  Except as provided by this Part or the regulations, this Act applies to an ordinary taxi licence, a short term taxi licence or an annual taxi licence, and the holder of any such licence, in the same way as it applies to a taxi licence issued under this Act.
(7)  Any renewals of an annual taxi-cab licence (including the periods of those renewals) under the 1990 Act are to be counted for the purpose of determining under section 58 (2) of this Act whether the licence may be renewed.
(8)  Despite subclause (3), a taxi that is the subject of a licence that is in force by operation of this Schedule may be used for a taxi service obtained by a booking anywhere in this State.
(9)  A condition of a licence continued by this clause is taken to have been imposed under this Act and may be varied or revoked accordingly.
(10)  The Commissioner may, by notice published in the Gazette, revoke any or all conditions of a licence (other than a condition referred to in subclause (5) or (5A)) that is continued by this clause.
(11)  To avoid doubt, the regulations may revoke or amend a condition continued by this clause and may impose a condition that is inconsistent with a continued condition.
(12)  A continued condition of a taxi licence has no effect to the extent that it is inconsistent with a condition imposed on the licence by the regulations.
4   Nexus and other licences
(1)  A nexus licence or a paired licence (within the meaning of Part 12 of Schedule 3 to the 1990 Act), and a TX08 restricted taxi-cab licence, in force under the 1990 Act immediately before the commencement of Part 4 of this Act, are taken to be subject to the condition that the holder of the licence must be an authorised provider of a taxi service or an authorised provider of a booking service.
(2)  A condition imposed by this clause may be varied or revoked by the Commissioner.
5   Existing taxi licence applications
(1)  An application for an ordinary taxi licence made, but not finally determined, before the commencement of Part 4 of this Act is taken to have been refused.
(2)  An application for a short term taxi licence made, but not finally determined, before the commencement of Part 4 of this Act is to be determined under the 1990 Act as if that Act continued to be in force.
6   Transfer of ordinary taxi licences
(1)  The Commissioner must, on application by the holder of an ordinary taxi licence, transfer the licence to another person.
(2)  The Commissioner may, by written notice given to the transferor or transferee of a licence, require the transferor or transferee to provide information to calculate the amount of transfer levy payable and to register the transfer.
(3)  The Commissioner is not required by this clause to transfer an ordinary taxi licence if the transfer would result in a contravention of a condition or term of the licence or in a transfer to a person who is not eligible to hold a taxi licence.
(4)  In this clause—
holder of an ordinary taxi licence means the person to whom the licence was last granted or transferred.
7   Transfer levy for ordinary licences
(1)  A levy of 2.5% of the current market value of an ordinary taxi licence is payable to the Crown by the transferee on the transfer of an ordinary taxi licence.
(2)  The levy is to be charged, levied and collected in the manner determined by the Commissioner.
(3)  The levy is not payable if the transferee is a person who is entitled to the licence under the will or on the intestacy of the holder of the licence.
(4)  The Commissioner is not required to transfer a licence if any levy that is payable has not been paid.
(5)  In this clause—
current market value of an ordinary taxi licence means an amount that, in the opinion of the Commissioner, represents the current market value, at the date of the transfer, of the licence.
8   Accredited taxi service operators
(1)  A person who was, immediately before the commencement of Part 3 of this Act, an accredited operator of a taxi service under the 1990 Act is taken to be an authorised provider of the service under this Act and this Act applies accordingly.
(2)  The person may be authorised under this Act even if the person had, before that commencement, been convicted of a disqualifying offence, unless the Commissioner determines that the person should not, because of that conviction, be so authorised.
(3)  The Commissioner must give written notice to the person of a determination under this clause. Any such determination is a reviewable decision for the purposes of section 145.
(4)  Any disciplinary action commenced, but not finally determined under the 1990 Act, against the person is to be dealt with under this Act.
(5)  For the purposes of taking action under this Act in relation to the authorisation of the person as a provider of a taxi service, any contraventions by the person of the 1990 Act or the 2014 Act or the regulations under those Acts may be taken into account.
(6)  This clause does not extend to any offence committed on or after the commencement of Part 3 of this Act.
(7)  This clause does not apply to a person who provides a taxi service as an affiliated provider or in relation to the use of a bus.
(8)  This clause does not apply to a person who is an affiliated provider within the meaning of this Act or who, for any other reason, is exempt from the requirement to hold an authorisation to provide a taxi service or passenger service under this Act.
9   Authorised taxi-cab network operators
(1)  A person who was, immediately before the commencement of Part 3 of this Act, the holder of a taxi-cab network authorisation is taken to be an authorised provider of a taxi service under this Act and this Act applies accordingly.
(2)  If the person also provided a booking service for taxis immediately before that commencement, the person is taken to be an authorised provider of a booking service under this Act and this Act applies accordingly.
(3)  The person may be authorised under this Act even if the person had, before that commencement, been convicted of a disqualifying offence, unless the Commissioner determines that the person should not, because of that conviction, be so authorised.
(4)  Any such determination is a reviewable decision for the purposes of section 145.
(5)  The Commissioner must give written notice to the person of a determination under this clause.
(6)  Any disciplinary action commenced, but not finally determined under the 1990 Act, against the person is to be dealt with under this Act.
(7)  For the purposes of taking action under this Act in relation to the authorisation of the person as a provider of a taxi service, any contraventions by the person of the 1990 Act or the regulations under that Act may be taken into account.
(8)  This clause does not extend to any offence committed on or after the commencement of Part 3 of this Act or in relation to the use of a bus.
(9)  This clause applies to the following persons as if they were the holders of a taxi-cab network authorisation referred to in subclause (1)—
(a)  a person who, immediately before the commencement of Part 3 of this Act, was an accredited operator of a taxi service and exempt from the requirements of section 31G of the 1990 Act,
(b)  a person who, immediately before the commencement of Part 3 of this Act, was an accredited operator of a taxi service operating outside the Metropolitan, Newcastle or Wollongong transport districts and who operated the service without being affiliated with a taxi-cab network.
10   Accredited hire vehicle operators
(1)  A person who was, immediately before the commencement of Part 3 of this Act, an accredited operator of a public passenger service by means of a private hire vehicle under the 1990 Act is taken to be an authorised provider of a booking service under this Act and this Act applies accordingly.
(1A)  A person who was, immediately before the commencement of this Act, an accredited operator of a tourist service provided by means of motorcycles or four wheel drive vehicles under the 1990 Act is taken to be an authorised provider of a booking service under this Act and this Act applies accordingly.
(2)  The person may be authorised under this Act even if the person had, before that commencement, been convicted of a disqualifying offence, unless the Commissioner determines that the person should not, because of that conviction, be so authorised.
(3)  The Commissioner must give written notice to the person of a determination under this clause. Any such determination is a reviewable decision for the purposes of section 145.
(4)  Any disciplinary action commenced, but not finally determined under the 1990 Act, against the person is to be dealt with under this Act.
(5)  For the purposes of taking action under this Act in relation to the authorisation of the person as a provider of a booking service, any contraventions by the person of the 1990 Act or the regulations under that Act may be taken into account.
(6)  This clause does not extend to any offence committed on or after the commencement of Part 3 of this Act.
11   Taxi licence determinations
A determination made under the 1990 Act, and in force under section 32C of that Act immediately before the commencement of Part 4 of this Act, is taken to have been made under section 71 of this Act.
12   Holders of driving authorities
(1)  This clause applies to a person who was, immediately before the commencement of Part 3 of this Act, the holder of a driver authority under the 1990 Act that authorised the person to drive a taxi-cab or a private hire vehicle.
(2)  The person may drive a vehicle that provides a passenger service under this Act even if the person had, before that commencement, been convicted of an offence that would prevent the person from being eligible to drive a vehicle for that purpose under this Act, unless—
(a)  the conviction was for a serious disqualifying offence and the Commissioner has provided the person with notice of this clause, or
(b)  the conviction was for an offence other than a serious disqualifying offence and the Commissioner determines that the person should not, because of the conviction, be a driver for a passenger service.
(3)  A determination under subclause (2) (b) is a reviewable decision for the purposes of section 145.
(4)  The Commissioner must give written notice to the person, and any provider of a passenger service or booking service for which the person is a driver or that provides services to the person, of a determination under this clause.
(4A)  If the Commissioner becomes aware that a person has been convicted for a serious disqualifying offence occurring before the commencement of Part 3 of this Act, the Commissioner may give written notice of this clause to the person and to any provider of a passenger service or booking service for which the person is a driver or that provides services to the person.
(5)  This clause does not extend to any offence committed on or after the commencement of Part 3 of this Act.
(6)  In this clause, serious disqualifying offence means—
(a)  an offence of murder or manslaughter, or
(b)  an offence under section 61B, 61C, 61D, 61E, 61F, 65A, 66, 67, 68, 71, 72, 73 (before its substitution by the Crimes Amendment (Sexual Offences) Act 2003), 74, 76, 78H, 78I, 78K, 78L, 78N, 78O, 78Q or 81 of the Crimes Act 1900, or
(c)  an offence under section 21, 25A, 26, 27, 28, 61I, 61J, 61JA, 61K, 61L, 61M, 61N, 61O, 66A, 66B, 66C, 66D, 66EA, 66EB, 66F, 73, 78A, 80A, 80D, 80E, 91D (1) (a) or (b), 91E, 91F, 91G or 91H of the Crimes Act 1900, or
(d)  an offence under a law of another State or Territory, the Commonwealth or a foreign jurisdiction that, if committed in New South Wales, would constitute an offence listed in this subclause.
13   Existing fares orders
An existing fares order continues to apply to the provision of a taxi service or other passenger service to which it applied immediately before the commencement of Part 5 of this Act but is taken to have been made under this Act. Accordingly, the order may be amended or revoked under this Act.
14   Existing bus services
(1)  This clause applies to a person—
(a)  who provides a passenger service that uses a motor vehicle seating not more than 12 persons and not less than 8 persons to transport passengers, and
(b)  who, immediately before the commencement of Part 3 of this Act, held an accreditation under the 2014 Act or 1990 Act to operate a bus service under that Act using the motor vehicle.
(2)  The person is not required to obtain an authorisation under this Act in relation to any booking service provided for bookings for any passenger service, or any taxi service provided by the motor vehicle, for the period of 12 months commencing on the commencement of Part 3 of this Act.
(3)  During that period—
(a)  the person is taken to be the operator of a public passenger service under the 2014 Act or 1990 Act, as the case requires, and
(b)  the provisions of that Act and any regulations made under that Act that are applicable to the operator of a public passenger service continue to apply to the person, and
(c)  the requirements of this Act relating to a provider of a booking service or a passenger service do not apply in respect of anything done by the person to or in relation to the service while an accreditation referred to in subclause (1) (b) is in force for the service.
(4)  Subclauses (2) and (3) cease to apply to a person if the person obtains any required authorisation or taxi licence that would, but for this clause, be required by this Act to be obtained by the person in respect of the passenger service or vehicle.
15   Transition of accredited operators
(1)  Despite clauses 8, 9 and 10 of this Part, a person is not taken to be an authorised provider of a taxi service or booking service unless the Commissioner is satisfied that the person, immediately before the commencement of Part 3 of this Act—
(a)  was an accredited operator of a service referred to in any of those clauses, and
(b)  carried on the business of providing the service concerned.
(2)  The Commissioner must, as soon as practicable after determining whether or not a person satisfies subclause (1), notify the person in writing as to whether or not the person is to be taken to be an authorised provider of a taxi service or booking service.
(3)  The notice must also advise a person who is not taken to be an authorised provider that the person may apply for authorisation under this Act.
16   IPART investigations
Any investigation being carried out by IPART before the commencement of section 72 or 74 of this Act, and relevant to the matters with respect to which IPART may exercise functions under either of those sections, may continue and the functions are taken to be being exercised for the purposes of section 72 or 74, as the case requires.
17   Transitional arrangements for taxi licence determinations
The first taxi licence determination under section 71 of this Act for taxi licences for taxis operating outside the Metropolitan transport district is to be determined before 1 July 2018.
18   Existing taxis and hire vehicles with more than 12 seats
(1)  In this Act, bus does not include a motor vehicle that, immediately before the commencement of Part 4 of this Act, was licensed as a taxi-cab under Part 4 of the 1990 Act or as a private hire car under Part 4A of the 1990 Act.
(2)  This clause ceases to apply in respect of a motor vehicle—
(a)  on the day that is 10 years after the commencement of Part 4 of this Act, or
(b)  when the vehicle ceases to be used to provide a passenger service.