Page 4471 week10 2004 - 5th Assembly Hansard

Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .

Legislative Assembly for the ACT: 2004 Week 10 Hansard (Thursday, 26 August 2004) . . Page.. 4471 ..

, including an auction system for allocating licences

Clause 13

Proposed new section 60J, examples

Page 10, line 4—

omit the examples, substitute

Example of a restricted hire car service

a pre-booked public passenger service that provides transport to weddings and school formals

Proposed new clause 13A

Page 16, line 16—

insert

13A New section 60T

in part 6, insert

60T Unauthorised public passenger services

(1) A person must not use a vehicle for the transport of passengers for a fare or other consideration along a road or road related area.

Maximum penalty: 50 penalty units.

(2) This section does not apply to the person if—

(a) the monetary or other consideration receivable by the person is not more than the cost of operating the vehicle to transport the passengers; or

(b) the person is entitled under this Act to operate the public passenger service being operated by the person.

Examples for par (a)

1 A car pool in which participants share the costs of operating the vehicle for the car pool.

2 Helen is a member of Bush Hikers Anonymous. She carries 2 other members in her car to a club walk. The 2 other members pay Helen part of the costs of operating her car for the club walk.

Note 1 For the entitlement of a person to operate a public passenger service, see the following provisions of this Act:

• s 18 and s 19 (bus services)

• s 51 (taxi services)

• s 60M (hire car services).

Note 2 This section also does not apply if the person is exempted from the operation of this section under s 64 or s 65.

Note 3 An example is part of the Act, 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).

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

Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .