Page 4076 - Week 14 - Wednesday, 24 October 1990
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The other question that Mrs Grassby raised was in relation to the assignment of rights. She referred to the paragraph at the top of page 3 of the amendment Bill - proposed section 27C, I think it was. It refers to the right of someone to purchase a taxi licence plate and then subsequently lease that out on either a permanent or part-time basis to somebody else. Specifically, it says:
A defined right -
the right to actually lease out to a third party or a second party -
is not assignable unless the Registrar approves the assignment of the right to the proposed assignee.
I think that is perfectly fit and proper and I am sure Mrs Grassby agrees with that. It then goes on to say:
The Registrar shall, on application in accordance with subsection (3), approve the assignment of a defined right.
The requirements in that subsection are that an application shall "be in writing signed by the assignor" and shall "specify the assignee". I think, once again, there is no problem there. Thirdly, it says that the application shall "be lodged with the Registrar with the determined fee". That is the question that Mrs Grassby has raised. She has asked, I suppose quite legitimately, what I anticipate that determined fee will be. My understanding of that is that this is not to be treated as a revenue raising item and that it will be the fee appropriate to the assigning of that plate to the second person.
Mrs Grassby: Will you be discussing it with the union before you come to the decision on it?
MR DUBY: The question Mrs Grassby has raised is: will I be discussing it with the union and will I be discussing it with TIAC? I undoubtedly will be having consultations with them; but, basically, that determined fee, Mrs Grassby, I am certain, will simply be a fee for service, a fee to cover the costs involved in the assigning of the right. In other words, it is not to be treated as a revenue item. In modern legislation, fees are usually charged on a cost recovery basis. I would anticipate that that fee would be quite commensurate with that amount and, as a result, not something people should be worried about as being on a revenue earning basis, rather than, for example, the predetermined fee for an auction.
Accordingly, I am very pleased that the Assembly as a whole supports this Motor Traffic (Amendment) Bill (No. 7), and I know that the industry also looks forward to this reform being brought into effect. I commend the Bill to the house.
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