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Transport Legislation (Taxi Services) Amendment Bill 2015
Transport Legislation (Taxi Services) Amendment Bill 2015
Explanatory Notes
Title of the Bill
The short title is the Transport Legislation (Taxi Services) Amendment Bill 2015.
Policy Objectives
The object of the Transport Legislation (Taxi Services) Amendment Bill 2015 is to increase
penalties targeting illegal taxi operators and thereby deter non-compliance with the
Transport Operations (Passenger Transport) Act 1994.
Reasons for the Bill
Illegal taxi services are circumventing the Queensland taxi industry to the public detriment.
This threatens the standards and safety of taxi services across the state. It also erodes the
integrity and viability of the taxi licensing scheme administered by the Queensland
Government.
It is evident that existing penalties are not sufficient in deterring the increase of illegal taxi
services in Queensland. For this reason the bill aims to ensure that those delivering a taxi
service without a licence are appropriately penalised.
The bill is consistent with the objects of the Transport Operations (Passenger Transport) Act
1994:
• The principal object of the Transport Operations (Passenger Transport) Act 1994 is to
achieve the best possible public passenger transport at reasonable cost to community
and government while facilitating market entry restrictions in the public interest.
Achievement of the Policy Objectives
The bill amends the Transport Operations (Passenger Transport) Act 1994 by introducing
demerit points against persons guilty of providing a taxi service without a taxi service licence
or a peak demand taxi permit.
The bill also makes consequential amendments to Transport Operations (Road Use
Management) Act 1995 and State Penalties Enforcement Act 1999.
Alternative Ways of Achieving Policy Objectives
There is no alternative way of achieving the policy objectives of the Transport Legislation (Taxi
Services) Amendment Bill 2015.
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Transport Legislation (Taxi Services) Amendment Bill 2015
Estimated Cost of Government Implementation
It is anticipated that there will be no cost to Government, although should there be costs it is
reasonably expected that these will be met by existing agency resources.
Consistency with Fundamental Legislative Principles
It is recognised that Fundamental Legislative Principles (FLPs) are the principles relating to
legislation that underlie a parliamentary democracy based on the rule of law. FLPs include
requiring that legislation has sufficient regard to the rights and liberties of individuals and
further the institution of Parliament.
The Transport Legislation (Taxi Services) Amendment Bill 2015 is consistent with FLPs and has
sufficient regard to rights and liberties of individuals. Furthermore the proposed legislation
does not adversely affect rights and liberties, or impose obligations retrospectively.
Although this bill subjects individuals to demerit points and fines it is necessary to maintain
the standards and safety of taxi services across the state. It also required to uphold the
integrity and viability of the taxi licensing scheme.
This bill is consistent with the principles of natural justice as individuals issued with
infringement notices for a relevant offence have the right to contest the penalty through
judicial system.
Consultation
Consultation and has been conducted with the Queensland taxi industry and relevant stake
holders. A submission by a self-proclaimed 'ride sharing' service has also been taken into
consideration during the development of this bill.
Consistency with other Jurisdictions
The bill does not introduce uniform or complementary legislation. It is consistent with existing
laws and complements the objects of the State Penalties Enforcement Act 1999, the Transport
Operations (Passenger Transport) Act 1994 and the Transport Operations (Road Use
Management) Act 1995.
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Transport Legislation (Taxi Services) Amendment Bill 2015
Notes on Provisions
Clause 1 Short title
Clause 1 states that if enacted the bill may be sighted as Transport Legislation (Taxi Services)
Amendment Act 2015.
Part 2 Amendment of the Transport Operations (Passenger Transport) Act 1994
Clause 2 Act amended
Clause 2 states this part amends the Transport Operations (Passenger Transport) Act 1994.
Clause 3 Insertion of new section
Clause 3 provides for the recording of demerit points under the State Penalties Enforcement
Act 1999 when an individual is convicted for operating a taxi service without a taxi licence
under section 70 (1) of the Transport Operations (Passenger Transport) Act 1994. It also
provides for double demerit points for any subsequent offence within a year of committing
the previous offence.
Part 3 Amendment of the Transport Operations (Road Use Management) Act 1995
Clause 4 Act amended
Clause 4 states this part amends the Transport Operations (Road Use Management) Act 1995.
Clause 5 Amendment of sch 4 (Dictionary)
Clause 5 amends schedule 4 of the Transport Operations (Road Use Management) Act 1995
by omitting the current definition of traffic history and inserting a new definition as
applicable.
Part 4 Amendment of the State Penalties Enforcement Act 1999
Clause 6 Act amended
Clause 6 states this part amends the State Penalties Enforcement Act 1999.
Clause 7 Amendment of s 31 (effect of cancellation of infringement notice)
Clause 7 amends the State Penalties Enforcement Act 1999 to include offences under the
Transport Operations (Passenger Transport) Act 1994.
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