South Australia: Passenger Transport Act 1994 (SA)

South Australia Passenger Transport Act 1994 An Act to reform public transport services within the State; and for other purposes. Contents Part 1—Preliminary 1 Short title 3 Objects 4 Interpretation 5 Application of Act Part 3—Administration Division 1—Functions of Minister under Act 20 Functions of Minister under Act Division 2—Powers 22 Powers of Minister 23 Acquisition of land 24 Power to carry out works Division 3—Annual report, committees and delegations 24A Annual report 25 Committees 26 Power of delegation Part 4—Accreditation Division 1—General passenger services 27 Accreditation of operators Division 2—Drivers 28 Accreditation of drivers Division 3—Centralised booking services 29 Accreditation of centralised booking services Division 4—General provisions relating to accreditation 30 Procedure 31 Conditions 32 Duration and categories of accreditation 33 Periodical fees and returns 34 Renewals 35 Related matters Division 5—Disciplinary powers 35A Passenger Transport Standards Committee 36 Disciplinary powers 37 Related matters Division 6—Appeals 38 Appeals Part 5—Regular passenger services 39 Service contracts 40 Nature of contracts 41 Regions or routes of operation 42 Assignment of rights under contract 43 Variation, suspension or cancellation of service contracts 44 Fees Part 5A—Special passenger services for events 44A Interpretation 44B Notification of event 44C Planning for passenger transport services for events 44D Power of Minister to charge fee in certain circumstances 44E Recovery of costs by venue managers not prevented Part 6—Taxis 45 Requirement for licence 46 Applications for licences or renewals 47 Issue and term of licences 48 Ability of Minister to determine fees 49 Transfer of licences 50 Suspension or revocation of licences 51 Appeals 52 False advertising Part 6A—Non-cash payment surcharges 52A Interpretation 52B Non-cash payment surcharges 52C Overcharging for non-cash payment surcharge Part 7—Miscellaneous 53 Authorised officers 54 Inspections 55 False information 56 General offences 57 Offenders to state name and address 58 Liability of operators for acts or omissions of employees or agents 59 General provisions relating to offences 61 Evidentiary provision 62 Fund 62A Point to point transport service transaction levy 63 Registration of prescribed passenger vehicles 64 Regulations Schedule 1—Regulations Schedule 2—Point to point transport service transaction levy 1 Interpretation 2 Liability to levy 3 Transactions for which levy is not payable 4 Offences 5 Arrangements for payment of levy 6 No statute of limitation to apply 7 Offences by persons involved in management of corporations 8 Penalties for corporations 9 Continuing offences 10 Regulations Schedule 3—Public transport assets Schedule 4—Transitional provisions 3 Transitional provisions—State Transport Authority 5 Transitional provisions—Accreditations 8 Transitional provisions—Taxi-cab licences 9 Centralised booking service membership 10 Transitional provisions—General Legislative history Appendix—Divisional penalties and expiation fees The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Passenger Transport Act 1994. 3—Objects The objects of this Act are— (a) to benefit the public of South Australia through the creation of a passenger transport network that— (i) is focussed on serving the customer; and (ii) provides accessibility to needed services, especially for the transport disadvantaged; and (iii) is safe; and (iv) encourages transport choices that minimise harm to the environment; and (v) is efficient in its use of physical and financial resources; and (vi) promotes social justice; and (b) to provide a system of accreditation for— (i) the operators of passenger transport services; and (ii) the drivers of public passenger vehicles; and (iii) the providers of centralised booking services within the passenger transport industry, in order to encourage and facilitate the observance of industry standards for passenger transport within the State; and (c) to require the licensing of taxi-cabs; and (d) to provide for a new approach to the provision of passenger transport services by the public sector. 4—Interpretation (1) In this Act— centralised booking service means a service that is subject to accreditation under Division 3 of Part 4; chauffeured vehicle service means a passenger transport service defined as a chauffeured vehicle service by the regulations; designated taxi-stand means an area designated as a taxi-stand— (a) by the Minister; or (b) by a council under the Local Government Act 1934; District Court or Court means the Administrative and Disciplinary Division of the District Court; Metropolitan Adelaide means the part of the State that is comprised of— (a) Metropolitan Adelaide within the meaning of the Development Act 1993; and (b) any other area included within the ambit of this definition by the regulations, but does not include an area excluded by the regulations from the ambit of this definition; motor vehicle means— (a) a vehicle or mobile machine driven or propelled or ordinarily capable of being driven or propelled by an engine, electricity or other form of power, other than human power; or (b) a vehicle of a class prescribed by the regulations for the purposes of this definition (if any), but does not include— (c) an aeroplane; or (d) a vessel; or (e) any other vehicle of a class excluded by the regulations from the ambit of this definition; passenger transport service means a service consisting of the carriage of passengers for a fare or other consideration (including under a hire or charter arrangement or for consideration provided by a third party)— (a) by motor vehicle; or (b) by train or tram; or (c) by means of an automated, or semi-automated, vehicular system; or (d) by a vehicle drawn by an animal along a public street or road; or (e) by any other means prescribed by the regulations for the purposes of this definition, but does not include a service of a class excluded by the regulations from the ambit of this definition; point to point transport service means a chauffeured vehicle service or taxi service; public passenger vehicle means a vehicle used to provide a passenger transport service; regular passenger service means— (a) a passenger transport service conducted according to regular routes and timetables; or (b) any other passenger transport service of a class prescribed by the regulations for the purposes of this definition, but does not include a service of a class excluded by the regulations from the ambit of this definition; relevant interest has the same meaning as in the Corporations Law; road maintenance authority means an authority responsible for the care, control and maintenance of a street or road; service contract means a contract entered into under Part 5; Standards Committee means the Passenger Transport Standards Committee established under section 35A; taxi-meter means an instrument or device which— (a) is connected to the drive train or speedometer of a vehicle, or otherwise fitted to a vehicle in a manner prescribed by the regulations; and (b) is capable of— (i) recording a charge for the hire of the vehicle according to the distance travelled or waiting or stationary time, or a combination of both; and (ii) displaying that charge in words or figures, or producing a form or statement showing such words or figures; and (c) complies with specifications prescribed by the regulations; taxi service means a passenger transport service defined as a taxi service by the regulations; temporary accreditation means an accreditation granted or issued under Part 4 for a period of less than 12 months; temporary licence means a licence issued under Part 6 for a period of less than 12 months. (2) A reference in a provision of this Act to drivers or the driving of vehicles will be taken to include a reference to riders and the riding of vehicles (unless the provision by its express terms indicates that it does not apply to riders or riding). Note— For definition of divisional penalties (and divisional expiation fees) see Appendix. 5—Application of Act (1) The regulations may provide that a specified provision of this Act does not apply, or applies with prescribed variations, to a part of the State specified by the regulations and, subject to any condition to which the regulations are expressed to be subject, the operation of this Act is modified accordingly. (2) The Minister may, by notice in the Gazette, confer exemptions from this Act or specified provisions of this Act— (a) on specified persons or persons of a specified class; or (b) on specified vehicles or vehicles of a specified class; or (c) in relation to specified services or services of a specified class. (3) An exemption under subsection (2) may be granted by the Minister on such conditions as the Minister thinks fit. (4) The Minister may, at any time, by further notice in the Gazette— (a) vary or revoke an exemption; or (b) vary or revoke a condition of an exemption. (5) A person who contravenes or fails to comply with a condition imposed under this section is guilty of an offence. Penalty: Division 4 fine. Part 3—Administration Division 1—Functions of Minister under Act 20—Functions of Minister under Act (1) The Minister may, in connection with the operation of this Act, adopt the following functions: (a) to oversee the creation and maintenance of an integrated network of passenger transport services involving all modes of passenger transport by public passenger vehicles within the State (including, to the extent that may be appropriate, an integrated fare system within that network); (b) to such extent as may be consistent with the objects and provisions of this Act— (i) to determine, monitor and review passenger transport services within the State; (ii) to determine, monitor and review the fares (or scales of fares) payable by members of the public who use passenger transport services (including, in relation to the determination of fares, the setting of maximum or differential fares); (c) to foster and promote efficient and effective passenger transport services, to encourage and assist changes in the transport industry to improve passenger transport services, and to encourage and oversee the provision and use of passenger transport services; (d) to encourage best practices in the provision of passenger transport services and, as the Minister thinks fit, to establish, audit and enforce standards for passenger transport within the State; (e) to accredit the operators of passenger transport services, to accredit drivers of public passenger vehicles, and to administer the provision of various services; (f) to administer a system of fare subsidies and concessions in appropriate cases; (g) to establish, audit and, if necessary, enforce safety, service, equipment and comfort standards for passenger transport within the State; (h) to establish and maintain facilities and various forms of infrastructure for the purposes of the passenger transport network; (i) to facilitate the use of passenger transport services by people with disabilities; (j) to provide information to the public on passenger transport services, to promote the safety, comfort and convenience of members of the public who use those services, and to establish appropriate procedures and mechanisms to enable members of the public to comment on those services; (k) to establish a centralised system for receiving, and dealing with, complaints and compliments from members of the public in relation to the provision of passenger transport services within the State; (l) to initiate, carry out, support or promote projects and programs for the development and improvement of passenger transport services; (m) to initiate or undertake inquiries in relation to any aspect of passenger transport within the State; (n) to carry out other functions as may be necessary or expedient for, or incidental to, any of the foregoing. Division 2—Powers 22—Powers of Minister (1) The Minister has the power to do anything necessary or expedient for, or incidental to, performing the functions of the Minister under this Act. (2) The Minister may, for example— (a) enter into any form of contract or arrangement; (b) appoint agents or engage contractors— (i) to assist the Minister in the performance of any function; or (ii) to carry out a function on the Minister's behalf; (c) engage experts or consultants; (d) acquire, hold, deal with and dispose of real and personal property; (e) grant leases or licences over property of the Minister; (f) provide facilities and amenities for the users of passenger transport services; (g) establish or specify a ticketing system to be used on passenger transport services (or some of those services) within the State; (h) establish places where public passenger vehicles may take up, or set down, passengers; (i) enter into joint ventures; (j) participate in the formation of a partnership or other body; (k) acquire, hold, deal with and dispose of— (i) an interest in a lot under the Community Titles Act 1996 or an interest in a unit under the Strata Titles Act 1988; or (ii) shares in, or securities issued by, a body corporate. (3) The Minister must not, without the concurrence of the Treasurer— (a) exercise a power referred to in subsection (2)(i), (j) or (k); or (b) establish or participate in any other form of scheme or arrangement that involves sharing of profits. (4) If the Minister considers that it is desirable to provide a carpark for the convenience of the users of passenger transport services, the Minister may construct and operate a carpark, or may arrange for the establishment and operation of a carpark by another person. (5) If the Minister considers that it is desirable to make recreational or refreshment facilities or amenities available for the users of passenger transport services, the Minister may provide those facilities or amenities, or may arrange for the provision of those facilities or amenities by another person. (6) The Minister must, in relation to a proposal by the Minister to designate an area as a taxi-stand under this Act— (a) inform the person or authority responsible for the relevant area of the proposal at least 28 days before the proposed designation; and (b) give that person or authority a reasonable opportunity to consult with the Minister in relation to the matter; and (c) ensure that proper consideration is given to the views of that person or authority. (7) If the Minister proposes— (a) that a regular passenger service be operated along a public street or road under a service contract on a regular basis; or (b) that a terminal point or stopping place for a regular passenger service be established on a public street or road, then the Minister must— (c) inform the authority responsible for the maintenance of the street or road of the proposal at least 28 days before the proposed commencement of the service or the establishment of the point or place; and (d) give that authority a reasonable opportunity to consult with the Minister in relation to the matter; and (e) ensure that proper consideration is given to the views of that authority. (8) Subsection (7) is subject to the following qualifications: (a) the 28 day period referred to in that subsection may be shortened in a particular case by agreement between the Minister and the relevant authority; and (b) the Minister is not required to comply with that subsection in a case of emergency, or in any other case where the Minister considers that it is reasonable to act without giving notice under that subsection, but, in such a case, the Minister must provide a report on the matter to the relevant authority within a reasonable time. 23—Acquisition of land The Minister may, subject to and in accordance with the Land Acquisition Act 1969, acquire land— (a) for the establishment, extension or alteration of any facility or other form of infrastructure reasonably required or warranted for the provision or operation of a passenger transport service; or (b) for any other purpose associated with the performance of any function under this Act. 24—Power to carry out works (1) The Minister may carry out such works as the Minister thinks fit in relation to the provision or operation of a passenger transport service. (2) In the exercise of any power under this section, the Minister may— (a) carry out building or structural work; and (b) erect, construct, lay down, make, alter or remove buildings, structures, notices or signs, over, under, along, across, or adjacent to, a public street or road. (3) The Minister must make good any damage to a street or road arising from works carried out under this section. (4) Subject to subsection (5), the Minister must, in relation to a proposal that involves disturbing the surface of a public street or road, or that otherwise relates to a public street or road— (a) inform the relevant road maintenance authority of the proposal at least 28 days before the proposed commencement of any work; and (b) give the relevant road maintenance authority a reasonable opportunity to consult with the Minister in relation to the matter; and (c) ensure that proper consideration is given to the views of the road maintenance authority. (5) In a case of emergency the Minister need only comply with subsection (4) to such extent as is practicable in the circumstances. Division 3—Annual report, committees and delegations 24A—Annual report (1) The administrative unit of the Public Service that is, under the Minister, responsible for the administration of this Act must, on or before 30 September in each year, prepare a report on the operation and administration of this Act for the financial year ending on the preceding 30 June. (2) The report must include specific reports on the following matters for the relevant financial year: (a) levels of public utilisation of passenger transport services within the State; (b) issues affecting the accessibility and utilisation of public transport within the State; (c) the number and nature of complaints, compliments and submissions made to the Minister by members of the public under any centralised system established for the purpose under this Act; (d) the general availability of taxis on taxi-stands in Metropolitan Adelaide, and response times to bookings within the taxi industry, and must also include any other information required by this Act. (3) A report under this section may be incorporated into the annual report of the relevant administrative unit. (4) The Minister must cause a copy of the report to be laid before both Houses of Parliament within 12 sitting days after the report is prepared. 25—Committees (1) The Minister may establish such committees as the Minister thinks fit to assist the Minister in the performance or exercise of his or her functions or powers under this Act. (2) The procedures to be observed in relation to the conduct of the business of a committee will be— (a) as determined by the Minister; or (b) insofar as a procedure is not determined under paragraph (a)—as determined by the relevant committee. 26—Power of delegation (1) The Minister may delegate to a body or a person (including a person for the time being holding or acting in a specified office or position) a function or power of the Minister under this or any other Act. (2) A delegation under this section— (a) must be by instrument in writing; and (b) may be absolute or conditional; and (c) does not derogate from the power of the Minister to act in any matter; and (d) is revocable at will. (3) A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated. Part 4—Accreditation Division 1—General passenger services 27—Accreditation of operators (1) A person must not operate a passenger transport service within (or partly within) the State unless the person holds an appropriate accreditation for that service under this Division. Penalty: Division 3 fine. (2) The purpose of accreditation under this Division is— (a) to attest— (i) that the accredited person (or, in the case of an accredited body corporate, each director, manager or other person who is in a position to control or influence substantially the affairs of the body corporate) is considered to be of good repute and in all other respects fit and proper to be responsible for the operation of a passenger transport service to which the accreditation relates; and (ii) that the accredited person is considered to have the capacity to meet prescribed standards relating to— (A) the ability to provide passenger transport services; and (B) safety of passengers and the public; and (C) service to passengers; and (D) vehicles and equipment (including their design, service, maintenance and condition); and (E) any other matter prescribed by the regulations, to the degree and in the manner required in respect of services of the kind specified in the accreditation; and (b) to provide a scheme to facilitate— (i) the provision of an efficient and effective network of passenger transport services within the State; and (ii) the observance of appropriate standards by the operators of passenger transport services; and (c) to provide for any other matter prescribed by the regulations for the purposes of this section. (3) Standards for the purposes of subsection (2)— (a) may be prescribed by the regulations; or (b) to the extent that they are not so prescribed, may be determined by the Minister. (4) The Minister must ensure that a standard determined by the Minister under subsection (3)(b) is widely published and made reasonably available to interested persons. (5) An accreditation must specify the kind or kinds of services for which it is appropriate. Division 2—Drivers 28—Accreditation of drivers (1) A person must not drive a public passenger vehicle for the purposes of a passenger transport service unless the person holds an appropriate accreditation under this Division. Penalty: Division 5 fine Expiation fee: $315. (2) The purpose of accreditation under this Division is— (a) to attest— (i) that the accredited person is considered to be of good repute and in all other respects a fit and proper person to be the driver of a public passenger vehicle to which the accreditation relates; and (ii) that the accredited person is considered to have sufficient responsibility, skills and aptitude to drive the vehicle or vehicles to which the accreditation relates— (A) in accordance with the conditions under which a passenger transport service is operated; and (B) in accordance with law; and (b) to provide a scheme to facilitate the observance of appropriate standards by the drivers of public passenger vehicles; and (c) to provide for any other matter prescribed by the regulations for the purposes of this section. (3) The accreditation must specify the kind or kinds of vehicles and services for which it is appropriate. Division 3—Centralised booking services 29—Accreditation of centralised booking services (1) For the purposes of this section, a person operates a centralised booking service if the person operates a service where— (a) bookings for taxi services, or any other passenger service of a prescribed class, are accepted from members of the public; and (b) the bookings are assigned to drivers; and (c) the number of passenger transport vehicles participating in the service is not less than the prescribed number. (2) A person must not operate a centralised booking service unless the person holds an accreditation for that service under this Division. Penalty: Division 3 fine. (3) The purpose of accreditation under this Division is— (a) to attest— (i) that the accredited person (or, in the case of an accredited body corporate, each director, manager or other person who is in a position to control or influence substantially the affairs of the body corporate) is considered to be of good repute and in all other respects fit and proper to be responsible for the operation of a centralised booking service; and (ii) that the centralised booking service complies with the prescribed standards relating to— (A) the ability to provide a centralised booking service; and (B) operational practices and procedures; and (C) service to users; and (D) equipment; and (E) any other matter prescribed by the regulations; and (b) to provide a scheme to facilitate the observance of various standards by the operators of centralised booking services; and (c) to provide for any other matter prescribed by the regulations for the purposes of this section. (4) Standards for the purposes of subsection (3)— (a) may be prescribed by the regulations; or (b) to the extent that they are not so prescribed, may be determined by the Minister. (5) The Minister must ensure that a standard determined by the Minister under subsection (4)(b) is widely published and made reasonably available to interested persons. (6) In this section— the prescribed number is two, or such greater number as may be prescribed by the regulations. Division 4—General provisions relating to accreditation 30—Procedure (1) An application for accreditation must be made to the Minister in a manner and form determined by the Minister. (2) The Minister may require an applicant for accreditation— (a) to furnish further information specified by the Minister; or (b) to verify, by statutory declaration, information furnished for the purposes of the application. (3) An applicant for accreditation must meet any requirement, standard, criteria, qualification or condition set out in the regulations and must satisfy the Minister as to any matter the Minister considers relevant. (4) If the Minister refuses an application for accreditation, the Minister must notify the applicant in writing of— (a) the refusal; and (b) the reasons for the refusal; and (c) any appeal rights that the applicant may have under this Act. (5) The prescribed fee is payable to the Minister in respect of an application for accreditation. 31—Conditions (1) An accreditation will be subject to— (a) the condition that the accredited person will observe the relevant code of practice under this Act; and (b) other conditions (if any)— (i) imposed by the Minister in relation to the accreditation; or (ii) prescribed by the regulations or otherwise imposed under this Act. (2) The Minister may, for example, in relation to an accreditation under Division 1, give the accreditation subject to a condition that makes provision for or with respect to— (a) the area of operation of the passenger transport service; or (b) the periods within which vehicles may, or may not, be operated; or (c) the timetables to which vehicles are to be operated; or (d) the fares to be charged or other arrangements for remuneration to be made (including the use of vouchers and fare subsidy schemes); or (e) the manner in which the passenger transport service may, or may not, be operated; or (f) the class of persons who may be transported on public transport vehicles operated for the purposes of that service. (3) The Minister may, if the Minister considers it appropriate to do so, by notice in writing to an accredited person, vary a condition to which the accreditation is subject. (4) An accredited person may, on application made to the Minister in writing, request the variation of a condition to which the accreditation is subject, and the Minister may, as the Minister thinks fit— (a) grant the variation; or (b) refuse to grant the variation. (5) The conditions of an accreditation may be varied by the addition, substitution or deletion of one or more conditions. (6) A determination by the Minister under this section as to an area for the operation of a passenger transport service by an accredited person does not confer on the person an exclusive right to operate a passenger transport service within that area. (7) A person must not contravene or fail to comply with a condition of an accreditation. Penalty: (a) in the case of an accreditation under Division 1—Division 3 fine; (b) in the case of an accreditation under Division 2—Division 5 fine; (c) in the case of an accreditation under Division 3—Division 3 fine. Expiation fee: in the case of an accreditation under Division 2—$315. 32—Duration and categories of accreditation (1) Subject to this Act, an accreditation continues in force (unless sooner revoked or surrendered) for a period prescribed by the regulations or determined by the Minister and specified in the instrument of accreditation. (2) The Minister may, if the Minister thinks fit, grant a temporary accreditation for a period of less than 12 months. (3) The Minister may establish various classes of accreditation within the various forms of accreditation created by this Part, and assign an accreditation to a class for the purposes of this Act. (4) The Minister may, from time to time— (a) determine the maximum number of accreditations of a particular class to be issued in a given period; (b) determine the maximum number of accreditations of a particular class to be in force in a given period; (c) determine that no further accreditations of a particular class are to be issued for the time being. 33—Periodical fees and returns (1) A person who holds an accreditation (other than a temporary accreditation) must, for each period prescribed by the regulations that the accreditation remains in force, not later than the relevant day for that accreditation determined in accordance with the regulations— (a) lodge with the Minister a return containing the prescribed information; and (b) pay to the Minister the prescribed fee. (2) If an accredited person fails to comply with subsection (1), the Minister may, by notice in writing to the accredited person, require him or her to make good the default and, in addition, to pay to the Minister the amount prescribed as a penalty for default. (3) If an accredited person fails to comply with a notice under subsection (2) within 14 days after service of the notice, the accreditation is, by force of this subsection, suspended until the accredited person complies with the notice. (4) If an accredited person fails to comply with a notice under subsection (2) within six months after service of the notice, the accreditation is, by force of this subsection, revoked. 34—Renewals (1) An application for the renewal of an accreditation must be made in writing to the Minister in a manner and form determined by the Minister. (2) The prescribed fee is payable to the Minister in respect of an application for the renewal of an accreditation. (3) An application for renewal must be made not later than the prescribed number of days before the date of expiry of the accreditation. (4) The Minister may, in the Minister's absolute discretion, determine a late application for renewal provided that the applicant pays the prescribed late application fee. (5) The Minister may refuse to consider an application for renewal if the application is made earlier than a day fixed under the regulations. (6) A temporary accreditation is not renewable. 35—Related matters (1) The holder of an accreditation must not transfer, assign, lease or otherwise deal with the accreditation. Penalty: Division 4 fine. (2) A purported dealing in contravention of subsection (1) is void. (3) An accredited person may, with the consent of the Minister, surrender the accreditation. (4) The Minister may, on the application of the accredited person or in accordance with procedures set out in the regulations, vary a person's accreditation from one class of accreditation to another. (5) No liability attaches to the Minister by virtue of the fact that the Minister has awarded an accreditation to a particular person under this Act. Division 5—Disciplinary powers 35A—Passenger Transport Standards Committee (1) The Minister must establish a committee, to be called the Passenger Transport Standards Committee, to exercise disciplinary powers under this Division, and to exercise or perform such other powers or functions as may from time to time be conferred on the committee by the Minister. (2) The Minister may, as the Minister thinks fit, appoint suitable persons to be members of the Standards Committee (and may at any time remove any person from membership of the committee). (3) An appointment under subsection (2) will be on terms and conditions determined by the Minister. (4) The quorum for any proceedings of the Standards Committee will be three members of the committee (but this subsection does not prevent additional members sitting in any proceedings of the committee). 36—Disciplinary powers (1) The Standards Committee may hold an inquiry for the purpose of determining whether proper cause exists for disciplinary action against a person who is, or has been, an accredited person under this Act. (1a) An inquiry may be commenced by a complaint being lodged with the Standards Committee or by the Standards Committee acting of its own motion. (2) There is proper cause for disciplinary action against a respondent if— (a) the respondent is found guilty of an offence against this or any other Act or law; or (ab) the respondent has failed to pay amounts required by a notice under clause 2(7) of Schedule 2 within the period specified in the notice (or such other period as may have been allowed by the Minister in accordance with clause 5 of that Schedule); or (b) the respondent holds an accreditation under Division 1 and has— (i) in the course of operating a passenger transport service, acted negligently or fraudulently; or (ii) failed to meet any standard that relates to the accreditation; or (c) the respondent holds an accreditation under Division 2 and has ceased to have sufficient responsibility or aptitude to drive a vehicle to which the accreditation relates; or (d) the respondent holds an accreditation under Division 3 and has failed to meet a standard that relates to the accreditation; or (e) the respondent— (i) obtained his or her accreditation improperly; or (ii) has ceased to be a person of good repute, or in any other respect has ceased to be a fit and proper person to hold an accreditation under this Act or, in the case of a body corporate, a person who has gained or is in a position to control or influence substantially the affairs of the respondent is not, or has ceased to be, a person of good repute, or in any other respect is not, or has ceased to be a fit and proper person to exercise such control or influence in respect of a body corporate that is the holder of an accreditation under this Act; or (iii) has ceased to be eligible for any other reason to hold an accreditation under this Act; or (iv) has breached, or failed to comply with, a code of practice under this Act, or otherwise has breached, or failed to comply with, a condition to which his or her accreditation is subject; or (v) has breached, or failed to comply with, a provision of this Act; or (vi) has breached, or failed to comply with or satisfy, any other requirement, standard, criteria, qualification or condition prescribed by the regulations for the purposes of this provision. (3) If, after conducting an inquiry under this section, the Standards Committee is satisfied that proper cause exists for disciplinary action, the Standards Committee may exercise one or more of the following powers: (a) the Standards Committee may reprimand the respondent; (b) the Standards Committee may require the respondent to pay to the Consolidated Account a fine not exceeding $5000 (recoverable by the Crown as a debt); (c) if the respondent is an accredited person, the Standards Committee may— (i) attach conditions to the accreditation; (ii) shorten the period of accreditation, or issue a temporary accreditation, and warn the respondent that if further grounds for disciplinary action arise, the respondent will be liable to be disqualified from holding an accreditation under this Act; (iii) suspend the accreditation for a specified period, until the fulfilment of specified conditions, or until further order; (iv) revoke the accreditation; (d) the Standards Committee may disqualify the respondent from holding an accreditation under this Act— (i) permanently; or (ii) for a specified period; or (iii) until the fulfilment of specified conditions; or (iv) until further order. (4) The powers conferred by this section may be exercised in relation to conduct occurring before or after the commencement of this Act. (5) The Standards Committee must not revoke or suspend the accreditation of a person who is the holder of a service contract under Part 5 except with the concurrence of the Minister. (6) The Minister is not obliged to conduct a hearing or invite submissions for the purpose of deciding whether or not to give his or her concurrence under subsection (5). (7) A person who has had his or her accreditation suspended is not an accredited person during the period of suspension. (8) Where the Standards Committee revokes an accreditation under this section, the Standards Committee may stipulate that the revocation is to have effect at a future time specified by the Standards Committee and impose conditions as to the conduct of any activity under that accreditation until that time. (9) If a condition is imposed by the Standards Committee under this section, the respondent must not contravene or fail to comply with the condition. Penalty: Division 3 fine. 37—Related matters (1) In the exercise of powers under this Division, the Standards Committee— (a) must act according to equity, good conscience and the substantial merits of the case without regard to technicalities and legal forms; and (b) is not bound by the rules of evidence, but may inform itself on any matter in such manner as it thinks fit. (2) The Standards Committee may, for the purpose of any proceedings under this Division— (a) by summons signed by a member of the Standards Committee, require the attendance of any person, or require the production of any document, object or material; and (b) require any person who appears in connection with the proceedings to answer any relevant question; and (c) require any person to make an oath or affirmation to answer truthfully any question put by the Standards Committee. (3) If a person— (a) who has been served with a summons fails without reasonable excuse to attend in obedience to the summons; or (b) who has been served with a summons to produce any document, object or material, fails without reasonable excuse to comply with the summons; or (c) misbehaves during any proceedings, or interrupts any proceedings; or (d) refuses to answer any relevant question when required to do so under this section; or (e) refuses to be sworn or to affirm, that person is guilty of an offence. Penalty: Division 5 fine. (4) A person is not obliged— (a) to answer a question under this section if the answer would tend to incriminate that person of an offence, or to produce a document, object or material if it or its contents would tend to incriminate that person of an offence; or (b) to provide information under this section that is privileged on the ground of legal professional privilege. (5) Except as provided by this section, proceedings under this Division may be conducted in such manner as the Standards Committee determines. (6) The Standards Committee must prepare and publish information to assist persons who may be the subject of proceedings under this Division. Division 6—Appeals 38—Appeals (1) A person— (a) whose application for accreditation under this Part has been refused; or (b) who is an accredited person and is aggrieved by a decision under this Part with respect to— (i) the conditions imposed with respect to the accreditation, or a variation or proposed variation of them; or (ii) the variation of the accreditation; or (c) who is (or has been) an accredited person and is aggrieved by a decision of the Standards Committee under Division 5, may appeal to the District Court. (2) A right of appeal does not lie against a decision to suspend or revoke a temporary accreditation. (4) An appeal must be instituted within one month of the making of the decision appealed against. (5) The Minister or the Standards Committee must, if so required by a person affected by a decision made by the Minister or the Standards Committee (as the case may be), state in writing the reasons for the decision. (6) If reasons are not given in writing at the time of making a decision and the person affected by the decision requires (within one month of the making of the decision) the Minister or the Standards Committee (as the case requires) to state the reasons in writing, the time for instituting an appeal runs from the time at which the person receives the written statement of those reasons. Part 5—Regular passenger services 39—Service contracts (1) The terms and conditions on which a regular passenger service is to be operated within, or partly within, the State are to be set out in a contract (a service contract) entered into between a person who holds an appropriate accreditation under this Act and the Minister (on behalf of the Crown). (2) The Minister may invite contracts by tender or in such other manner as the Minister thinks fit. (2a) If the Minister determines that a service contract should be awarded by tender— (a) the Minister must appoint a person or persons to conduct the process, including the assessment of any responses to the tender (although the Minister may respond to any issue referred to the Minister for his or her consideration or determination, and may select the successful tenderer (if any) at an appropriate time); and (b) the Minister must, within 14 days after the relevant invitation is published, forward to the Economic and Finance Committee of the Parliament a report which— (i) sets out the specifications and terms of the tender; and (ii) describes the processes that are to apply with respect to the assessment of any responses; and (iii) provides information on the person or persons appointed under paragraph (a); and (iv) contains such other information as the Minister thinks fit, (and the Economic and Finance Committee may then inquire into, and report on, the matter as the Committee thinks fit); and (c) if the Minister gives a direction to any person during the assessment or selection process, then the Minister must cause a statement of the fact of that direction— (i) to be forwarded to the Economic and Finance Committee within 14 days after the direction is given; and (ii) to be published in the annual report of the Minister's department for the relevant financial year. (3) The Minister, in awarding service contracts under this Part— (a) in any case involving a contract or contracts for the provision of regular passenger services as part of the operation of the public transport system within Metropolitan Adelaide—must take into account the following principles (and may take into account other principles): (i) service contracts should not be awarded so as to allow a single operator to obtain a monopoly, or a market share that is close to a monopoly, in the provision of regular passenger services within Metropolitan Adelaide; (ii) sustainable competition in the provision of regular passenger services should be developed and maintained; (iii) the integration of passenger transport services should be encouraged and enhanced; (iv) service contracts should support the efficient operation of passenger transport services and promote innovation in the provision of services to meet the needs of customers; (b) in any other case—may take into account principles determined by the Minister and made known to interested persons. (3a) Subsection (3) is an expression of policy and does not give rise to rights or liabilities (whether of a substantive, procedural or other nature). (3b) The Minister must, within 14 days after awarding a contract to which subsection (3)(a) applies, prepare a report which— (a) sets out the full name of the person to whom the contract has been awarded; and (b) provides information on the term of the contract; and (c) identifies the region or routes of operation under the contract; and (d) provides information on the amount or amounts that will be payable by the Minister under the contract; and (e) provides information on how the principles under subsection (3)(a) have been applied in the circumstances of the particular case; and (f) contains such other information as may be required by the regulations or as the Minister thinks fit. (3c) The Minister is not required to include in a report under subsection (3b)— (a) specific amounts payable under a contract; or (b) other information of a commercial value the disclosure of which would diminish its value or unfairly advantage a person or persons in future dealings with the Minister. (3d) The Minister must, within six sitting days after completing a report under subsection (3b), have copies of the report laid before both Houses of Parliament. (3e) If under a service contract awarded under this section the Minister is, or is reasonably expected to be, liable to make payments equal to or exceeding $4 000 000 (in total) over the term of the contract, the Minister must, within 28 days after awarding the contract, forward to the Auditor-General— (a) a copy of the contract; and (b) a report which describes the processes that applied with respect to the awarding of the contract. (3f) The Auditor-General must, within the period of 4 months after the receipt of a service contract and report under subsection (3e)— (a) examine the contract; and (b) prepare a report on the probity of the processes leading up to the awarding of the contract. (3g) Section 34 of the Public Finance and Audit Act 1987 applies with respect to the examination of a service contract, and the preparation of a report, under subsection (3f). (3h) The Auditor-General must deliver copies of a report prepared under subsection (3f) to the President of the Legislative Council and the Speaker of the House of Assembly. (3i) The President of the Legislative Council and the Speaker of the House of Assembly must, not later than the first sitting day after receiving a report under subsection (3h), lay copies of the report before their respective Houses of Parliament. (4) A person who operates a regular passenger service otherwise than under the authority of a service contract under this Act is guilty of an offence. Penalty: Division 3 fine. 40—Nature of contracts (1) A service contract must make provision with respect to— (a) the period for which it operates; and (b) the manner in which it may be terminated; and (c) standards relating to the provision of services under the contract; and (d) a scale of service levels (determined according to such things as the periods of time during which services are to be operated, the extent of operation of services, and the frequency of operation of services during specified periods); and (e) the fares to be charged; and (f) the manner in which the holder of the service contract will be remunerated or gain revenue from the provision of services under the contract (including arrangements as to any subsidy); and (g) other matters required by this Act or the regulations to be specified in a service contract. (2) A service contract may make provision for or with respect to— (a) reviewing or altering the fares or fare system in circumstances specified in the contract; and (b) monetary or other penalties for breaches of the contract and the recovery of monetary penalties; and (c) bonds for the performance of the obligations, or specified obligations, under the contract; and (d) the variation of the contract; and (e) the renewal of the contract; and (f) such other matters as the parties think fit to include in the circumstances of the case. (3) The contract may provide for the periodic review, in a manner and at such periods as the contract may specify, of any matter for the time being determined by or under it. (4) The Minister must, for the purposes of subsection (1)(c), establish various standards that will apply to all service contracts of the same kind with a view to ensuring that standards relating to the provision of services are, so far as is reasonably practicable and appropriate, maintained at the highest possible levels. (5) The Minister must, in relation to the fares payable by passengers on regular passenger services within Metropolitan Adelaide, ensure— (a) that the standard adult fare allows for unlimited travel on regular passenger services provided within a specified zone or zones (subject to those services being available and stopping within that zone or those zones), for a specified period, or until the expiration of a specified period; and (b) that concession fares do not exceed 60 per cent of the standard adult fare for the same service (if provided at the same time), subject to the qualification that this paragraph does not apply to special fares that are payable during a particular part of the day, that are set for special events or purposes, or that are excluded from the ambit of this paragraph by the regulations. (6) An alteration to the fares or fare system under a service contract may only be undertaken as part of an across the board alteration of the fares or fare systems under all service contracts of the same kind that relate to Metropolitan Adelaide. 41—Regions or routes of operation (1) A service contract must specify a region or route of operation. (2) A service contract may— (a) confer on the holder of the contract an exclusive right to operate a regular passenger service of the relevant kind within the specified region, or on, or in proximity to, the specified route (or part of that region or route); and (b) provide for other matters relevant to the operation of passenger transport services (including new services) within the specified region, or on, or in proximity to, the specified route. (3) A right conferred on the holder of a contract— (a) cannot affect or limit the ability of another person to operate a service of a kind specified by the regulations (or specified in the contract itself) during the term of the contract; and (b) will be subject to such other qualifications as may be prescribed by the regulations (or specified in the contract itself) during the term of contract. 42—Assignment of rights under contract (1) The holder of a service contract must not transfer, assign, subcontract or otherwise deal with a right, power or duty under the contract except with the consent of the Minister. Penalty: Division 3 fine. (2) The Minister must not consent to the transfer, assignment, subcontracting or other dealing unless it is satisfied— (a) that adequate provision will be made for the operation of the relevant service; and (b) as to any other matter the Minister considers relevant. (3) A person to whom a right, power or duty under a service contract is transferred, assigned or subcontracted must, according to the extent and nature of the particular dealing, perform the obligations of the contract holder under the contract (and, unless otherwise determined by the Minister, will be taken to be a party to the contract). (4) A purported dealing in contravention of subsection (1) is void. 43—Variation, suspension or cancellation of service contracts (1) A service contract may be varied, suspended or cancelled by the Minister if— (a) there has been a serious or frequent failure to observe the terms and conditions of the contract; or (b) the holder is convicted of an offence against this Act or the regulations. (2) A person who is the holder of a service contract and is aggrieved by a decision of the Minister under subsection (1) may appeal to the District Court. (3) Division 6 of Part 4 will apply with respect to the appeal with such modifications or variations as may be necessary or appropriate, or as may be prescribed. (4) A service contract is automatically cancelled if the holder of the contract ceases to be an accredited person or ceases to be an accredited person of an appropriate kind. (5) Nothing in this Act prevents the Minister from making such arrangements as the Minister thinks fit for the provision, by an accredited person, of temporary services (for a period not exceeding 12 months) in place of a regular passenger service for the time being discontinued by a variation, suspension or cancellation under this section. 44—Fees (1) In addition to any other fee payable under this Act (including any fee payable pursuant to a tender), the Minister may require the payment of— (a) a fee for lodging a tender under this Part; and (b) a fee for administering a service contract under this Part (which fee may vary from contract to contract, and may be payable from time to time during the term of the contract). (2) The Minister may determine the amount of such a fee, subject to any limits prescribed by the regulations. Part 5A—Special passenger services for events 44A—Interpretation In this Part— commercial event means any event other than a community event; community event means an event— (a) that is open to the whole or a part of the community; and (b) at which attendance is free (whether a fee is charged to participate in the event or not); and (c) that is run on a not‑for‑profit basis; Department means the administrative unit of the Public Service that is, under the Minister, responsible for the administration of this Act; event means an event held after the commencement of this Part at a venue in Metropolitan Adelaide; manager of a venue means— (a) the prescribed person or body for the venue; or (b) if no such person or body is prescribed—the person or body which has the control and management of the venue; organiser of an event means the person or body primarily responsible for organising the event; special passenger service means an alteration of an existing regular passenger service, whether— (a) by adding to, supplementing, replacing, delaying or diverting an existing regular passenger service; or (b) by waiving or reducing fares (or substituting some other form of consideration) for such a service; or (c) by any other means. 44B—Notification of event (1) If— (a) the manager of a venue at which an event is to be held— (i) expects at least 5 000 people to attend the venue during the period of the event; or (ii) requires a special passenger service, or is of the opinion that a special passenger service may be required, for the purposes of the event (including during any period necessary to set up or prepare for the event or to pack up or clean up after the event); or (b) there are reasonable grounds to expect that a special passenger service will be required for the purposes of the event (including during any period necessary to set up or prepare for the event or to pack up or clean up after the event), the manager must (subject to subsection (2)) notify the Minister of the event— (c) if the date on which, or the period during which, the event is to be held is set or known by the manager at least 6 months before the event is to be held—at least 6 months before the relevant date or period; or (d) in any other case—as soon as practicable after the date on which, or the period during which, the event is to be held is set or known by the manager. (2) If the date on which, or the period during which, an event contemplated by subsection (1)(a) or (b) is to be held is known by the manager on the commencement of this section, the manager must notify the Minister of the event as soon as reasonably practicable after the commencement of this section. (3) Notification under subsection (1) or (2) may instead be given by the organiser of the event if the manager of the venue so agrees. (4) The notification of the event must— (a) be in writing in a form approved by the Minister; and (b) contain the information about the event and any other details required by the Minister. (5) For the purposes of this section, a copy of the approved notification form, together with information or details required by the Minister, may be published on the Department's website. 44C—Planning for passenger transport services for events (1) After receiving notification of an event under this Part, the Minister may require the manager of the venue at which the event is to be held and the organiser of the event to consult with the Minister for the purposes of determining whether a special passenger service should be provided in relation to the event. (2) The manager or the organiser must provide any additional information or details required by the Minister in connection with subsection (1). (3) When making a determination under subsection (1), the Minister must consider the following matters: (a) the likely effect of the event on existing regular passenger services; (b) the benefit to members of the public of South Australia (including those attending the event) from the provision of a special passenger service in relation to the event; (c) the cost of providing such a service; (d) any other matter that the Minister thinks relevant. (4) If— (a) the Minister determines that a special passenger service should be provided in relation to an event; and (b) the event is a commercial event, the Minister may, after consulting with the manager of the venue and the organiser of the event, determine a fee (whether of a specified amount or an amount fixed in accordance with a specified formula) to be paid to the Minister for provision of the service. (5) A fee determined under this section must be paid by the manager of the venue within the time specified by the Minister, and any fee or part of a fee not paid within that time may be recovered by the Minister as a debt. (6) The Minister may waive or reduce a fee payable under this section if the Minister considers it appropriate in the circumstances to do so. 44D—Power of Minister to charge fee in certain circumstances (1) This section applies where the Minister— (a) has not been notified of an event that is a commercial event; or (b) has been so notified but the manager of the venue at which the event is to be held has not consulted as required by the Minister under section 44C, and the Minister determines (on the basis of subsection (3) of that section) that a special passenger service should be provided in relation to the event. (2) The Minister may, by notice in writing served on the manager of the venue, require the manager to pay, within the time specified in the notice, the fee for providing the service as determined by the Minister and specified in the notice. (3) The Minister may recover as a debt from the manager the whole or any part of a fee required to be paid under subsection (2). 44E—Recovery of costs by venue managers not prevented Nothing in this Part prevents the manager of a venue at which an event in relation to which a special passenger service is provided from recovering, in the ordinary course of commerce, from the organiser of the event any costs for which the manager may be liable under this Part. Part 6—Taxis 45—Requirement for licence (1) A person must not— (a) operate a passenger transport service by means of a vehicle that displays the word "TAXI", or any other word or combination of words that are determined by the Minister, by notice in the Gazette, to be subject to regulation under this provision; or (b) cause or permit a vehicle used for the purposes of a passenger transport service operated by the person to ply for hire or stand at a designated taxi-stand; or (c) except as authorised by the Minister or the regulations, cause or permit a vehicle used for the purposes of a passenger transport service operated by the person to ply for hire in a public street, road or place; or (d) except as authorised by the Minister or the regulations, operate a passenger transport service by means of a vehicle that is fitted with a taxi-meter, unless the person holds a licence for that vehicle under this Part. (2) A licence under this Part is not required for a vehicle if— (a) the vehicle is licensed by a council, or any other authority prescribed by the regulations, for the purposes of a taxi service operated in an area outside Metropolitan Adelaide; and (b) the area in which the vehicle is licensed to operate does not include an area (if any) prescribed by the regulations as an area for which a licence under this Part is required even though the area is outside Metropolitan Adelaide; and (c) the vehicle— (i) is not used to provide a passenger transport service within Metropolitan Adelaide; or (ii) is only used to provide a passenger transport service within Metropolitan Adelaide by virtue of the fact that the vehicle carries a passenger who is travelling between a place within Metropolitan Adelaide and a place outside Metropolitan Adelaide (whether the journey is to or from Metropolitan Adelaide). (3) An applicant for a licence must meet any requirement, standard, criteria, qualification or condition set out in the regulations and must satisfy the Minister as to any matter the Minister considers relevant. (4) If a licence is issued for a vehicle under this Part— (a) the vehicle must display the word "TAXI" in accordance with the regulations; and (b) the fares to be charged or other arrangements for remuneration must comply with the regulations; and (c) the vehicle must be fitted with a taxi-meter that complies with the regulations. (5) The licence will be subject to such other conditions as the Minister thinks fit to impose in the circumstances of the particular case, or as the regulations may provide. (6) The Minister may, if the Minister considers it appropriate to do so, by notice in writing to the holder of the licence, vary the conditions imposed by the Minister. (7) The conditions of a licence may be varied by the addition, substitution or deletion of one or more conditions. (8) A person who— (a) contravenes subsection (1); or (b) being the holder of a licence— (i) contravenes or fails to comply with a requirement of subsection (4); or (ii) contravenes or fails to comply with a condition of the licence, is guilty of an offence. Penalty: Division 3 fine. 46—Applications for licences or renewals (1) An application for a licence, or the renewal of a licence, under this Part must be made to the Minister in a manner and form determined by the Minister. (2) The prescribed fee is payable to the Minister in respect of an application under this Part. (3) The applicant must be an accredited person of an appropriate kind. 47—Issue and term of licences (1) The Minister may, on due application but subject to this Act and the regulations, issue or renew a licence under this Part. (2) A licence continues in force (unless sooner cancelled or surrendered) for a period determined by the Minister and specified in the licence. (3) The Minister may, if the Minister thinks fit, grant a temporary licence for a period of less than 12 months. (4) A temporary licence is not renewable. (5) A licence may, if the regulations so provide, be of a prescribed kind or grade. (6) The Minister may, from time to time— (a) determine the maximum number of licences to be issued in a given period; (b) determine the maximum number of licences of a particular kind or grade to be issued in a given period; (c) determine the maximum number of licences of a particular kind or grade to be in force in a given period; (d) determine that no further licences of a particular kind or grade are to be issued for the time being; (e) determine that licences of a particular kind or grade will be issued according to an allocation procedure specified in the regulations; (f) determine that a particular licence, or licences of a particular kind or grade, cannot be transferred, assigned, leased or otherwise dealt with by the holder of the licence; (g) determine that a particular licence, or licences of a particular kind or grade, are not renewable. (7) Despite any other provision, the Minister must not issue more than 50 general licences under this Part in a particular year. (8) A general licence is any licence, other than— (a) a temporary licence; (b) a special licence for a passenger transport vehicle suitable to carry persons who are confined to wheelchairs; (c) a standby licence within the meaning of the regulations. (9) The Minister must develop, publish and peri