Tasmania: Passenger Transport Services Act 2011 (Tas)

Passenger Transport Services Act 2011 An Act to provide for the oversight, regulation and safety of certain passenger transport services and the operation of regular passenger transport services and for related purposes [Royal Assent 15 December 2011] Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: PART 1 - Preliminary 1. Short title This Act may be cited as the Passenger Transport Services Act 2011 . 2. Commencement (1) Sections 1 , 3 , 68 and 69 and this section commence on the day on which this Act receives the Royal Assent. (2) The remaining provisions of this Act commence on a day to be proclaimed. 3. Interpretation (1) In this Act, unless the contrary intention appears – accredited means accredited under Part 2 as the operator of a passenger transport service or hire and drive passenger service, and accreditation has a corresponding meaning; accredited operator means a person holding accreditation; affiliated operator means an accredited operator who, under a contract or agreement in writing with a booking service provider, uses the safety, security and related systems of the booking service provider; annual fee means a fee prescribed under section 24A ; approved means approved by the Commission; authorised means authorised for the purposes of section 34 , and authorisation has a corresponding meaning; authorised officer means a person authorised by the Commission, under section 9(2) of the Traffic Act 1925 , in relation to a power or act under that Act or the Vehicle and Traffic Act 1999 ; body politic includes an agency or instrumentality of the body politic; booking service provider means a person who is a booking service provider under section 8A ; bus operator means a person holding accreditation in respect of a passenger transport service of the kind referred to in section 11(1)(b) ; Commission means the Transport Commission incorporated under section 4 of the Transport Act 1981 ; continuity fees means the fees, if any, required to be paid to ensure the continuity of an accreditation or authorisation, as referred to in section 24 and section 40(1) , respectively; conviction includes a finding of guilt without the recording of a conviction; employee includes a person engaged, either directly or indirectly, under a contract for services; external, accreditation, means accreditation that – (a) is issued, granted or conferred by an external regulator; and (b) confers on its holder, in that external regulator's jurisdiction, substantially similar status and entitlements as accreditation under this Act; external regulator means an agency of another State having responsibilities substantially similar to those of the Commission under Part 2 ; fare includes any form of financial consideration; hire and drive passenger service – see section 13 ; improvement notice means an improvement notice served under section 61A(1) , as amended, if at all, under section 61A(7) ; large passenger vehicle means, subject to any exceptions prescribed by the regulations, a motor vehicle with 10 or more seats; manned, motor vehicle, means a motor vehicle that is furnished with a driver; motor vehicle has the same meaning as in the Vehicle and Traffic Act 1999 ; notify means give notice in writing; on-demand passenger transport service means a passenger transport service in relation to which a fare-paying passenger is transported, in a manned small passenger vehicle, to a destination nominated by the passenger, but does not include a regular passenger service; passenger, of a motor vehicle, includes the driver of the motor vehicle; passenger service means any service that involves the carriage of passengers on a public street by means of a motor vehicle; passenger service contract means a contract between the Secretary and an accredited passenger transport service operator for the operation of a regular passenger service; passenger transport service – see section 11(1) ; person includes a body politic; public street has the same meaning as in the Traffic Act 1925 ; registered operator, in relation to a vehicle, has the same meaning as in the Vehicle and Traffic Act 1999 ; regular passenger service – see section 35 ; regulations means regulations made and in force under this Act; relevant responsible person means the responsible person for the accredited service in respect of which the expression is used; responsible person – see section 18(3) , (4) and (5) ; ride-sourcing driver means a person who arranges, by means of ride-sourcing software, to carry on journeys, in a ride-sourcing vehicle driven by the person, passengers who – (a) arrange, by means of ride-sourcing software, to be so carried; and (b) provide to the person financial consideration for such journeys only by means of a system for electronic transfer of funds that is provided as part of the ride-sourcing software; ride-sourcing software means computer software that enables – (a) requests, for passengers to be carried on journeys in motor vehicles, to be received; and (b) such requests to be communicated to, and accepted by, drivers of motor vehicles; and (c) such passengers to provide to such drivers financial consideration, for carriage on such journeys, only by way of the electronic transfer of funds by a system that is provided; and (d) identification of, and recording of the details of, such drivers and vehicles and the origin, destination and duration of such journeys; and (e) satisfaction rating services to be provided – by means of the computer software; ride-sourcing vehicle means a small passenger vehicle that is used by a person to carry on journeys, in the vehicle, driven by the person, passengers who – (a) arrange, by means of ride-sourcing software, to be so carried; and (b) provide to the person financial consideration for such journeys only by means of a system for electronic transfer of funds that is provided as part of the ride-sourcing software; rights of review means rights of review under Part 4 ; seat, of a motor vehicle – see section 5(3) ; Secretary means the Secretary of the Department; serious offence means – (a) an offence under sections 124 , 125A , 125B , 125C , 125D , 126 and 127 of the Criminal Code ; or (b) an offence under sections 158 , 167A , 167B , 170, 172 and 172A of the Criminal Code; or (c) an offence under Chapter XIX or XX of Part V of the Criminal Code ; or (d) an offence under section 7A , 37B or 37C of the Police Offences Act 1935 ; or (e) an offence under section 32 of the Traffic Act 1925 ; or (f) an offence under Division 1 of Part 3 , Part 4 or section 53 or 64 of the Vehicle and Traffic Act 1999 ; or (g) an offence prescribed by the regulations as a serious offence for the purposes of this Act; service means, according to the context, a passenger transport service, hire and drive passenger service or regular passenger service; service development plan means a document prepared by the operator of a regular passenger service setting out the operator's views regarding its potential for improvement under the operator's passenger service contract; service eligibility guidelines – see section 51 ; service operator means the person operating the service in respect of which the expression is used; small passenger vehicle means a motor vehicle with fewer than 10 seats or a motor vehicle that is approved under the Taxi and Hire Vehicle Industries Act 2008 for use as a wheelchair-accessible taxi, a remote area wheelchair-accessible taxi or a substitute wheelchair-accessible taxi; State includes Territory; statutory rule means a statutory rule for the purposes of the Rules Publication Act 1953 ; transport concern – see section 11 ; transport costs includes the cost of fuel, tolls, parking, entry fees and, if applicable, vehicle hire or leasing costs. (2) In this Act, a reference to a passenger service, passenger transport service, hire and drive passenger service or regular passenger service is taken to include a reference to a part of the service. 4. Timing of administrative actions of Commission Where a provision of this Act requires the Commission to take an action consequent on making a decision or another occurrence, then, unless the contrary intention appears, the provision is to be taken as requiring the Commission to take the action as soon as practicable after making the decision or as soon as practicable after the other occurrence. 5. Determination of seating capacity (1) For the purposes of this Act, a motor vehicle is taken always to have the number of seats it had when originally manufactured, regardless of whether any of those seats has been – (a) permanently or temporarily removed from the motor vehicle; or (b) permanently or temporarily converted to or adapted to another use. (2) However, if, as a result of a modification, a motor vehicle has more seats than it had when originally manufactured as determined under subsection (1) , then, for the purposes of this Act, the motor vehicle is taken to have, after the modification, that higher number of seats. (3) For the purposes of this Act – seat, of a motor vehicle, includes – (a) the driver's seat; and (b) an individual seating position on a bench seat; and (c) a demountable seat (being a seat that is so designed and constructed as to be capable of being readily removed from the motor vehicle without the need to structurally alter the motor vehicle); and (d) a modifiable seat (being a seat that is so designed and constructed as to be capable of being readily retracted, collapsed or folded away when not in use or of being readily converted or adapted to another use such as a sofa, bed or storage); and (e) a seat that, to be used, requires the temporary retraction, collapsing or folding-away of a moveable console or armrest; and (f) a position or space on the floor of the vehicle that is purposely designed or adapted to accommodate, or is dedicated or reserved for the use of, a wheelchair. 6. Act does not apply to personal private use of motor vehicles (1) Nothing in this Act restricts, governs or otherwise applies to the personal private use of a motor vehicle. (2) In this section – personal private use, of a motor vehicle, means its use by an individual to carry members of the individual's family, or friends of the individual's family (even if any such passenger makes, or offers or is asked to make, some contribution towards the transport costs or does, or offers, or is asked, to do, some of the driving). 7. Act does not apply to private passenger services (1) Nothing in this Act restricts, governs or otherwise applies to a private passenger service. (2) Any question or dispute as to whether a particular passenger service is a private passenger service is to be determined by the Commission, and the determination is binding. (3) In determining whether a particular passenger service is a private passenger service, the Commission may have regard to – (a) guidelines, if any, it approves for the purpose; and (b) such other factors as the Commission reasonably considers relevant. (4) In this section – passenger service includes a group of such services; private passenger service means a passenger service that is – (a) provided by means of a small passenger vehicle; and (b) operated exclusively by persons having a common affiliation; and (c) not available to the general public. 8. Act does not apply to incidental passenger services (1) Nothing in this Act restricts, governs or otherwise applies to – (a) the carriage of persons under a private car-pooling arrangement; or (b) the carriage of persons in or on a motorised buggy or similar specialised vehicle within the precincts of – (i) a golf course, sports ground or other sporting venue; or (ii) a tourist attraction; or (iii) an hotel; or (iv) an industrial complex; or (v) an aerodrome; or (c) the carriage of passengers in or on a motor vehicle that is configured as, and being used solely as, a novelty vehicle such as a "toy train" in a public park or a float in a Christmas parade or other community pageant; or (d) the carriage of persons in prescribed motor vehicles or by prescribed persons or prescribed passenger services or in prescribed circumstances. (2) In this section – private car-pooling arrangement means – (a) an arrangement whereby several individuals travel together in one small passenger vehicle on a journey, on the basis that they will share the transport costs or driving duties, or both; or (b) an arrangement whereby several individuals agree to transport one another in each other's small passenger vehicle, turn and turn about over a given period, correspondingly apportioning transport costs, for the purpose of commuting to work or to a regular sporting, recreational or other activity of common interest; or (c) an arrangement analogous to an arrangement referred to in paragraph (a) or (b) . 8A. Meaning of booking service provider (1) For the purposes of this Act, a person is a booking service provider if the person carries on the business of – (a) receiving requests for persons to be transported for financial consideration by a small passenger vehicle (other than a luxury hire car, or a restricted hire vehicle, each within the meaning of the Taxi and Hire Vehicle Industries Act 2008 ) that is being operated as part of a passenger transport service; and (b) arranging or facilitating the acceptance of those requests by or on behalf of drivers of small passenger vehicles. (2) In determining whether a person (the service provider) is a booking service provider, it does not matter – (a) whether or not the transport of a person by a small passenger vehicle is provided by a driver as an agent, bailee or employee of the service provider; or (b) whether the agreement or arrangement in accordance with which the transport of a person by a small passenger vehicle is provided is between – (i) the driver and passenger; or (ii) the service provider and either the driver or passenger; or (iii) any other persons; or (c) whether the fare or other consideration for the transport of a person by a small passenger vehicle is paid to the driver by – (i) the service provider; or (ii) the passenger; or (iii) any other person; or (d) whether or not an act referred to in subsection (1)(a) or (b) involves the use of a wholly or partly automated electronic system, including ride-sourcing software; or (e) whether or not the service provider is located outside the State; or (f) whether or not the service provider also receives requests for persons to be carried as passengers outside the State. (3) A person who owns, operates or controls a wholly or partly automated electronic system, which may include ride-sourcing software, that performs the acts referred to in subsection (1)(a) or (b) is taken to be a booking service provider. (4) A person prescribed for the purposes of this subsection is taken to be a booking service provider. (5) A person prescribed for the purposes of this subsection is taken to not be a booking service provider, despite anything to the contrary in the other provisions of this section. 9. Act binds Crown This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities. PART 2 - Accreditation Division 1 - Accreditation policy 10. Operator of passenger transport service must be accredited (1) A person must not operate a passenger transport service unless the person is accredited in respect of that service and that accreditation is not suspended. Penalty: Fine not exceeding – (a) 200 penalty units for a body corporate or body politic; or (b) 100 penalty units for an individual. (2) Subsection (1) does not apply in relation to the operation, for the purposes of a passenger transport service, by a ride-sourcing driver of a ride-sourcing vehicle under an arrangement with a booking service provider. 11. What is a passenger transport service operator? (1) For the purposes of this Act, a person is taken to operate a passenger transport service if – (a) the person operates a manned small passenger vehicle on a public street for the purpose of carrying passengers, where – (i) the passengers, or any of them, have to pay a fare; and (ii) the passenger service so provided is available to any member of the general public and a transport concern; or (b) the person operates a manned large passenger vehicle on a public street for the purpose of carrying passengers, regardless of whether – (i) the passengers, or any of them, have to pay a fare; or (ii) the passenger service so provided is available to any member of the general public or a transport concern; or (c) the person is a booking service provider. (2) To avoid doubt, it is immaterial for the purposes of subsection (1) whether – (a) the driver of the small passenger vehicle or large passenger vehicle is the service operator or an employee or agent of the service operator; or (b) at any particular stage of the journey, the small passenger vehicle or large passenger vehicle is actually carrying any passengers. (3) For the purposes of subsection (1) , a passenger service is taken to be a transport concern if it is operated by a business or undertaking – (a) as its sole activity; or (b) as one of its main activities; or (c) as an integral and indispensable component of its sole activity or one of its main activities, not merely as an incidental, occasional or dispensable adjunct to that activity. (4) Any question or dispute as to whether a particular passenger service is a transport concern is to be determined by the Commission, and the determination is binding. (5) In determining whether a particular passenger service is primarily a transport concern, the Commission may have regard to – (a) whether passenger transport is the primary purpose or main focus of the service operator; and (b) whether the service has more of a commercial focus (being operated for profit in its own right) or a goodwill focus (being provided as a courtesy for the patrons or guests of the service operator, and where no charge is made for the service itself); and (c) whether the service operator advertises or presents itself as, or in any other way purports to be, a passenger transport entity; and (d) whether the service operator advertises or presents the service as a dedicated passenger transport service or as a service that is ancillary to another activity; and (e) whether the service operator could still engage in its main or primary activities without operating the service, directly or at all; and (f) the scale and value of the resources used for the service relative to those used for other activities, if any, of the service operator; and (g) the scale, frequency and nature of the service and the scale and nature of associated materiel, equipment and facilities; and (h) relevant motor vehicle ownership and leasing arrangements; and (i) the antecedents of the service operator and, if applicable, the nature of any relevant business, or corporate, relationships; and (j) such other factors as the Commission reasonably considers relevant. 12. Operator of hire and drive passenger service must be accredited A person must not operate a hire and drive passenger service unless the person is accredited in respect of that service. Penalty: Fine not exceeding – (a) 200 penalty units for a body corporate or body politic; or (b) 100 penalty units for an individual. 13. What is a hire and drive passenger service operator? (1) For the purposes of this Act, a person is taken to operate a hire and drive passenger service if the person – (a) hires out an unmanned motor vehicle; and (b) the primary purpose of the hiring is the carriage of passengers rather than the carriage of goods or some other purpose. (2) For the purposes of subsection (1) , it is immaterial whether the hirer of the motor vehicle intends to – (a) drive the motor vehicle personally (with or without other passengers) or have another person drive the motor vehicle, (with or without other passengers); or (b) use the motor vehicle as a fixed or mobile dwelling to any extent; or (c) put the motor vehicle to a use to which, by virtue of section 6 , 7 or 8 , this Act does not apply. (3) For the purposes of this section, where a person who owns or is in charge of a motor vehicle ("owner") contracts for another person ("hiring agent") to hire it out on the owner's behalf, the hiring agent, not the owner, is taken to operate the hire and drive passenger service. (4) Notwithstanding subsection (1) , where an accredited operator in respect of any service hires an unmanned motor vehicle for the purposes of operating that service, the person who does the hiring out is not, on that account, taken to be operating a hire and drive passenger service for the purposes of this Act. 14. Voluntary accreditation A person who, by means of a small passenger vehicle, operates a passenger service that is not required to be accredited may nonetheless voluntarily apply for accreditation in respect of that service. 15. Purpose of accreditation (1) The purpose of mandatory accreditation is to ensure that the operator of a passenger transport service or hire and drive passenger service – (a) is a fit and proper person to operate the service; and (b) implements, as far as reasonably practicable, appropriate safety, security and related systems for the service; and (c) has the requisite competence and capacity to manage the safety, security and related risks associated with operating the service; and (d) is held accountable for any deficiencies in the safety, security or related performance of the service. (2) The purpose of voluntary accreditation is to encourage and assist the operator of the relevant passenger service to – (a) implement, as far as reasonably practicable, appropriate safety, security and related systems for the service; and (b) develop and maintain the competence and capacity to manage the safety, security and related risks associated with operating the service; and (c) take responsibility for, and address, any deficiencies in the safety, security or related performance of the service. 16. Safety, security and related operational standards of accredited services (1) For accreditation purposes, the Commission may approve safety, security and related standards for – (a) passenger transport services or hire and drive passenger services generally; or (b) different kinds of passenger transport services or hire and drive passenger services; or (c) specific passenger transport services or hire and drive passenger services. (2) In approving the standards, the Commission may liaise with such industry bodies, standards bodies, regulatory authorities and other interested parties as it considers necessary or expedient. (3) The Commission may publish an approval as it considers necessary or expedient. 17. Who may be accredited? (1) Any of the following may be accredited under this Part: (a) a person; (b) a partnership; (c) an incorporated body; (d) an unincorporated body. (2) If a partnership is accredited, the members of the partnership are jointly and severally liable under this Part in relation to the accreditation. Division 2 - Application and accreditation procedure 18. Application for accreditation (1) An application for accreditation is to be made to the Commission. (2) The application is to be in accordance with section 66 . (3) If the applicant is a body politic, a partnership or an incorporated or unincorporated body it must, by the application, nominate a natural person to be the responsible person for the accreditation. (4) The person nominated is to be – (a) in the case of a body politic – a member or senior employee of the body politic; and (b) in the case of a partnership – one of the partners; and (c) in the case of an incorporated body – one of its officers or employees; and (d) in the case of an unincorporated body – one of its members. (5) The role of the responsible person is to – (a) act as the Commission's primary contact regarding the safety, security and related performance of the relevant service; and (b) oversee the day-to-day safety, security and related performance of the relevant service; and (c) be responsible for ensuring that the relevant service meets applicable regulatory safety, security and related standards. 19. Determination of application for accreditation (1) On receiving an application for accreditation, the Commission is to – (a) consider the application; and (b) approve or refuse to approve the application. (2) For the purposes of subsection (1) , the Commission – (a) is to take into account the criteria or other matters, if any, prescribed by the regulations; and (b) may take into account any other matters it considers relevant in the circumstances having regard to section 15 . (3) The Commission must refuse to approve the application if it reasonably determines that – (a) the applicant is not a fit and proper person to be accredited; or (b) if applicable, the nominated responsible person is not a fit and proper person to be so nominated; or (c) the applicant will not be able (or is unlikely to be able) to meet the safety, security and related standards, if any, approved under section 16 for the service that the applicant is proposing to operate. (4) Without limiting the matters that may be relevant for subsection (3)(a) and (b) , the Commission may determine that a natural person is not a fit and proper person to be accredited, or nominated as a responsible person, if the person – (a) has a conviction for a serious offence; or (b) has, in another jurisdiction, a conviction for an offence of a kind that would constitute a serious offence if committed in Tasmania; or (c) has a history of non-compliance regarding any previous accreditation or any external accreditation; or (d) has a history of non-compliance regarding the Taxi and Hire Vehicle Industries Act 2008 ; or (e) is subject to a driving disqualification order under – (i) section 55 of the Sentencing Act 1997 ; or (ii) section 37F of the Police Offences Act 1935 . 20. Refusal of application for accreditation (1) This section applies if the Commission refuses to approve an application for accreditation. (2) The Commission is to notify the applicant of – (a) the refusal; and (b) the reasons for the refusal; and (c) the applicant's rights of review. 21. Approval of application for accreditation (1) This section applies if the Commission approves an application for accreditation. (2) The Commission may place such conditions on the accreditation as it considers necessary or expedient to uphold the purpose of accreditation in respect of the relevant service. (3) Without limiting the generality of subsection (2) , the Commission may place on the accreditation conditions requiring any or all of the following: (a) that the accredited operator develop and maintain an approved safety and security management plan for the service; (b) that the service undergo approved safety, security and related audits at approved times or intervals; (c) that the vehicles used for the service undergo approved safety, mechanical or other inspections at approved times or intervals; (d) record-keeping and the provision of approved returns or reports on any matter relevant to the safety, security and related performance of the service; (e) that the accredited operator develop and maintain a system for managing risks to safety and security relating to the performance of the service. (4) The Commission is to – (a) notify the applicant of the approval; and (b) if applicable, notify the applicant of the conditions of the accreditation and the applicant's rights of review in respect of those conditions; and (c) issue the applicant with an accreditation certificate. 22. Accreditation certificate (1) An accreditation certificate is to be in an approved form and specify – (a) particulars of the accredited operator and, if applicable, the relevant responsible person; and (b) particulars of the relevant service; and (c) the conditions, if any, of the accreditation; and (d) any other matters the Commission considers necessary or expedient. (2) The Commission is to issue an accredited operator with a revised accreditation certificate if there is a change in – (a) the conditions, if any, of the accreditation; or (b) the name or business address of, or some other significant particular concerning, the accredited operator; or (c) if applicable, the relevant responsible person. (3) The revised certificate may be issued on the Commission's own initiative or at the request of the accredited operator. 23. Accreditation Register (1) The Commission is to keep a register ("Accreditation Register") for the purposes of this Part. (2) The Accreditation Register is to be in an approved form and contain – (a) such particulars in respect of each accredited operator as the regulations may prescribe; and (b) such other information the Commission considers necessary or expedient. (3) In any proceedings, a document purporting to be a copy of or extract from the Accreditation Register in relation to a particular matter at a particular date, and purporting to be signed by the Commission or a delegate of the Commission, is admissible as evidence of the contents of the Accreditation Register relating to that matter at that date. (4) The Commission may publish the Accreditation Register or any part or extract thereof as it considers necessary or expedient. (5) If there are reasonable grounds for believing that the information kept in the Accreditation Register is inaccurate, misleading or incomplete, the Commission may, by written notice to an accredited operator, or, if there is a relevant responsible person in relation to an accredited operator, to the relevant responsible person, require the accredited operator or relevant responsible person, respectively, to do one or more of the following: (a) to provide information that the Commission considers necessary to correct or complete the relevant entry in the Accreditation Register; (b) to provide, in a form specified by the Commission in the notice, evidence of the correctness of the information provided under paragraph (a) ; (c) to provide, for inspection by the Commission, documents specified in the notice; (d) to attend, at a time and place specified in the notice, for identification. (6) If a natural person is required by a notice under subsection (5) to attend for identification, the Commission may, at the request of the person, change the time or place, or both, specified in the notice as the time or place at which the person is to attend and if the Commission makes such a change, the notice is taken to have been amended so as to reflect that change. (7) An accredited operator or a relevant responsible person must comply with a requirement specified in a notice given to the operator or person under subsection (5) . Penalty: Fine not exceeding – (a) 50 penalty units for a body corporate or body politic; or (b) 25 penalty units for an individual. Division 3 - Nature of accreditation 24. Duration of accreditation (1) Except as provided by this Part, accreditation is ongoing subject to the payment of the continuity fees, if any, prescribed by the regulations. (2) If the holder of an accreditation fails to pay a continuity fee by the day on which it falls due to be paid – (a) the Commission, by notice, may demand that the holder of the accreditation pay the continuity fee by a specified day; and (b) the accreditation expires at the end of that specified day if, at that time, the continuity fee remains unpaid. 25. Accreditation not transferable Accreditation is not transferable. 26. Surrender of accreditation (1) An accredited operator may, by notice to the Commission or other approved means, surrender an accreditation at any time. (2) The surrender applies to the whole of the accreditation. (3) Accreditation has no surrender value. 27. Death of individual accredited operator (1) If a natural person holding accreditation in respect of a passenger transport service or a hire and drive passenger service dies, the person's personal representative may continue it in operation for a period not exceeding 3 months. (2) For the purposes of subsection (1) – (a) the accreditation is taken to continue in force under and subject to this Act for the period during which the personal representative continues to operate the service; and (b) the personal representative is taken to be, and to have all the rights, obligations and liabilities of, the accredited operator in respect of the service. 28. External accreditation (1) This section applies if a person ("interstate passenger transport services operator") – (a) operates a passenger transport service in another State; and (b) has valid external accreditation (in that other State) in respect of that passenger transport service; and (c) operates, by means of vehicles that are registered under the vehicle registration laws of that other State and are authorised to be used for the purposes of that external accreditation, occasional passenger transport services originating in that other State and extending to Tasmania ("interstate passenger transport services"). (2) For the purposes of section 10 , the external accreditation has, in respect of the interstate passenger transport services, the same force and effect in Tasmania, according to its terms, as accreditation under this Part. (3) However, the Commission may determine that subsection (2) does not apply to the external accreditation in respect of the interstate passenger transport services if, in its absolute discretion, it is satisfied that – (a) the interstate passenger transport operator has moved its base of operations to Tasmania or is conducting operations from Tasmania; or (b) the interstate passenger transport operator is operating interstate passenger transport services on more than an occasional basis; or (c) the interstate passenger transport operator is operating, in Tasmania, regular passenger services; or (d) the external accreditation is not substantially similar to Tasmanian accreditation in respect of a comparable passenger transport service; or (e) the requirements for obtaining the external accreditation do not substantially match the corresponding Tasmanian requirements; or (f) the external accreditation has become invalid or inactive; or (g) relevant vehicles or operations have not undergone or passed safety inspections or safety audits required under the external accreditation; or (h) there are other reasonable grounds, not amounting to trade restrictions, for making such a determination. (4) If the Commission makes a determination under subsection (3) – (a) it is to notify the interstate passenger transport operator of the determination; and (b) the determination takes effect 7 days after the service of that notification. (5) A determination under subsection (3) is not – (a) an administrative decision for the purposes of Part 4 ; or (b) a reviewable decision for the purposes of subsection (1) of section 59 . (6) In this section – valid external accreditation means external accreditation that is not probationary or suspended or subject to a notice of cancellation. Division 4 - Management of accreditation 29. Contravention of conditions of accreditation (1) A person holding accreditation must not – (a) contravene the conditions of the accreditation; or (b) cause or allow another person to contravene the conditions of the accreditation. Penalty: Fine not exceeding – (a) 100 penalty units for a body corporate or body politic; or (b) 50 penalty units for an individual. (2) Where a body politic, a partnership or an incorporated or unincorporated body holds accreditation, the relevant responsible person must not – (a) contravene the conditions of the accreditation; or (b) cause or allow another person to contravene the conditions of the accreditation. Penalty: Fine not exceeding 50 penalty units. 30. Variation of conditions of accreditation, &c. (1) The Commission may, at any time – (a) place an additional condition on an accreditation; or (b) vary or revoke a condition of an accreditation. (2) The Commission may exercise its power under subsection (1) – (a) on its own initiative; or (b) on the application of the accredited operator in accordance with section 66 . (3) Unless it reasonably apprehends that it needs to act speedily because of a threat to public safety, the Commission is not to exercise its power under subsection (2)(a) so as to make the conditions of the accreditation more costly or onerous for the accredited operator without giving the accredited operator notice of its intention, together with reasons, and a reasonable opportunity to be heard. (4) If, in response to an application pursuant to subsection (2) , the Commission decides to take an action different from that sought by the applicant, the Commission is to notify the applicant of the reasons for taking the different action. (5) In this section – action includes omission. 31. Cancellation and suspension, &c., of accreditation (1) The Commission may cancel or suspend or impose probationary status on an accreditation if – (a) the Commission is satisfied on reasonable grounds that – (i) the accredited operator or, if applicable, relevant responsible person has contravened the conditions of the accreditation in a material way (or caused or allowed other persons to do so); or (ii) the accredited operator or, if applicable, relevant responsible person has contravened relevant safety, security or related standards approved under section 16 (or caused or allowed other persons to do so); or (iii) the accredited operator or, if applicable, relevant responsible person has contravened vehicle safety inspection requirements, if any, prescribed by the regulations (or caused or allowed other persons to do so); or (iv) in the case of accreditation in respect of a passenger transport service, the accredited operator has operated a passenger transport service of a kind not permitted under the accreditation; or (v) the accredited operator, being required to have a responsible person for the purposes of the accreditation, does not have such responsible person; or (vi) the accredited operator has failed to pay prescribed fees relevant to the accreditation after due demand has been made for their payment; or (via) the accredited operator, or the relevant responsible person, has failed to comply with an improvement notice issued to the accredited operator or relevant responsible person, respectively; or (vii) the accredited operator or, if applicable, relevant responsible person has failed to furnish the Commission with information it reasonably requires in relation to the accreditation after due demand has been made for that information; or (b) the Commission, having regard to the same matters as are relevant under section 19(2) and (4) , is satisfied that – (i) the accredited operator is no longer a fit and proper person to hold the accreditation or, if applicable, the relevant responsible person is no longer a fit and proper person to fill that role; or (ii) the accredited operator is employing drivers who are not fit and proper persons to fill that role; or (c) the Commission, having regard to section 15 , is satisfied that there are other compelling reasons for effecting the cancellation or suspension or, as the case may be, imposing the probationary status. (2) Unless it reasonably apprehends that it needs to act speedily because of a threat to public safety, the Commission is not to exercise its power under subsection (1) without giving the accredited operator notice of its intention, together with reasons, and a reasonable opportunity to be heard. (3) In determining whether cancellation or suspension or the imposition of probationary status is the most appropriate course of action in the circumstances, the Commission is, except where the cancellation or suspension relates to a failure to pay prescribed fees, to regard public safety as the paramount consideration rather than the impact on the accredited operator. (4) If the Commission cancels or suspends or imposes probationary status on an accreditation, it is to notify the accredited operator of the cancellation or suspension or imposition of probationary status and of the accredited operator's rights of review. (5) Apart from the requirement to pay any fees imposed under this Act, an accreditation is not in force while it is suspended. (6) While an accreditation has probationary status, it remains in force but the Commission, in its absolute discretion, may impose special restrictions on the accreditation. (7) If the Commission cancels or suspends or imposes probationary status on an accreditation, it is to record particulars of the cancellation or suspension or probation in the Accreditation Register. (8) The Commission may at any time revoke the suspension of an accreditation if it is satisfied that the suspension is no longer merited. (9) The Commission may at any time revoke the imposition of probationary status on an accreditation if it is satisfied that it no longer merits that status and, on the revocation, may remove or ameliorate any special restrictions imposed on the accreditation under subsection (6) . 32. Information requirements (1) The Commission, by notice, may require the accredited operator or, if applicable, relevant responsible person to provide it with such information concerning an accredited service, within such period of not less than 14 days, as the Commission specifies in the notice. (2) An accredited operator must comply with a requirement made of the accredited operator under subsection (1) . Penalty: Fine not exceeding – (a) 50 penalty units for a body corporate or body politic; or (b) 25 penalty units for an individual. (3) The responsible person for an accredited operator must comply with a requirement made of the responsible person under subsection (1) . Penalty: Fine not exceeding 25 penalty units. 33. Notification requirements, &c. (1) An accredited operator who is a natural person must notify the Commission within 14 days if the accredited operator is charged with a serious offence. Penalty: Fine not exceeding 25 penalty units. (2) The responsible person for an accreditation must notify the Commission within 14 days if the responsible person is charged with a serious offence. Penalty: Fine not exceeding 25 penalty units. (3) If a person ceases for any reason to be the responsible person for an accreditation – (a) the accredited operator must notify the Commission of that fact within 14 days; and (b) by the same notice, nominate a new responsible person for the accreditation. Penalty: Fine not exceeding 50 penalty units. Division 5 - Booking service providers 33A. Duty of booking service providers in relation to ride-sourcing drivers (1) A booking service provider who permits a ride-sourcing driver to operate a passenger transport service by means of ride-sourcing software must notify the Commission as soon as practicable after the booking service provider becomes aware that the person is operating a passenger transport service – (a) other than by means of the ride-sourcing software, a taxi, a luxury hire vehicle or a restricted hire vehicle; and (b) without being accredited to operate a passenger transport service. Penalty: Fine not exceeding – (a) 50 penalty units for a body corporate or body politic; or (b) 25 penalty units for an individual. (2) The Commission may, by notice to a booking service provider who permits a ride-sourcing driver to operate a passenger transport service by means of ride-sourcing software, require the booking service provider to cease to permit the ride-sourcing driver to use the ride-sourcing software to operate a passenger transport service. (3) The Commission may only issue a notice under subsection (2) in relation to a ride-sourcing driver if the Commission believes, on reasonable grounds, that the driver has been operating a passenger transport service – (a) other than by means of the ride-sourcing software, a taxi, a luxury hire vehicle or a restricted hire vehicle; and (b) without being accredited to operate a passenger transport service. (4) A person to whom a notice is issued under subsection (2) must not fail to comply with a requirement of the notice. Penalty: Fine not exceeding – (a) 100 penalty units for a body corporate or body politic; or (b) 50 penalty units for an individual. 33B. Notification of Commission when vehicle first used for on-demand passenger transport service (1) An accredited operator who is accredited in relation to an on-demand passenger transport service must notify the Commission within 14 days after a vehicle begins to be used for the provision of the on-demand passenger transport service. Penalty: Fine not exceeding – (a) 50 penalty units for a body corporate or body politic; or (b) 25 penalty units for an individual. (2) Subsection (1) does not apply in relation to an accredited operator who is accredited in relation to an on-demand passenger transport service if there is a relevant responsible person in relation to the accreditation. (3) A relevant responsible person in relation to the accreditation of an accredited operator who is accredited in relation to an on-demand passenger transport service must notify the Commission within 14 days after a vehicle begins to be used for the provision of the on-demand passenger transport service. Penalty: Fine not exceeding – (a) 50 penalty units for a body corporate or body politic; or (b) 25 penalty units for an individual. PART 2A - Safety Requirements 33C. Interpretation of Part 2A In this Part – party in the chain of responsibility, for an on-demand passenger transport service, means each of the following persons: (a) an accredited operator of the service; (b) a relevant responsible person for an accredited operator of the service; (c) an affiliated operator in relation to a booking service provider who is an accredited operator in relation to the service; (d) a driver of a vehicle used for the provision of the service; (e) a registered operator of a vehicle used in the provision of the service; safety duty means a duty specified in section 33G , section 33H , section 33I or section 33J . 33D. Reasonably practicable In this Part, reasonably practicable, in relation to a safety duty of a person, is a reference to what is, or what was at a particular time, reasonably able to be done by the person in relation to ensuring safety, taking into account and weighing up all relevant matters including – (a) the likelihood of the hazard or the risk concerned occurring; and (b) the degree of harm that might result from the hazard or risk; and (c) what the person knows, or ought reasonably to know, about – (i) the hazard or risk; and (ii) ways of eliminating or minimising the hazard or risk; and (d) the availability and suitability of ways to eliminate or minimise the risk; and (e) after assessing the extent of the risk and the available ways of eliminating or minimising the risk – the cost associated with the available ways of eliminating or minimising the risk, including whether the cost is grossly disproportionate to the risk. 33E. Principles of shared responsibility (1) The safety of the operations of an on-demand transport service is the shared responsibility of each person who is a party in the chain of responsibility in relation to the on-demand transport service. (2) The level and nature of a person's responsibility for an activity depends on – (a) the functions that the person performs or is required to perform, whether exclusively or occasionally; and (b) the nature of the safety risks created by the carrying out of the activity; and (c) the person's capacity to control, eliminate or minimise the risks. 33F. Principles applying to safety duties (1) A safety duty of a person may not be transferred to another person. (2) A person may have more than one safety duty by virtue of being a person to whom more than one provision of this Part applies. (3) More than one person may concurrently have the same safety duty and each person must comply with the safety duty even if another person has the same safety duty. (4) If more than one person has a safety duty for the same matter, each person – (a) retains responsibility for the person's safety duty in relation to the matter; and (b) must discharge the person's safety duty to the extent to which the person – (i) has the capacity to influence and control the matter; or (ii) would have had that capacity but for an agreement or arrangement purporting to limit or remove that capacity. 33G. Safety duties of accredited operators and relevant responsible persons (1) In this section, a reference to an accredited operator does not include a reference to an affiliated operator. (2) It is a safety duty of an accredited operator in relation to an on-demand passenger transport service, and of a relevant responsible person in relation to an accredited operator of an on-demand passenger transport service – (a) to ensure, so far as is reasonably practicable, the safety of the drivers of vehicles while the drivers are providing the on-demand passenger transport service; and (b) to ensure, so far as is reasonably practicable, the safety of other road users while vehicles are being used for the purposes of the on-demand passenger transport service; and (c) to ensure, so far as is reasonably practicable, the safety of passengers of vehicles while the vehicles are being used to provide the on-demand passenger transport service. (3) Without limiting subsection (2) , an accredited operator of an on-demand passenger transport service, and a relevant responsible person in relation to an accredited operator of an on-demand passenger transport service, must – (a) eliminate risks to safety, so far as is reasonably practicable; and (b) if it is not reasonably practicable to eliminate risks to safety, minimise those risks so far as is reasonably practicable. (4) It is a safety duty of a person who is an accredited operator in relation to an on-demand passenger transport service, and of a relevant responsible person in relation to an accredited operator of an on-demand passenger transport service, to ensure that the person's conduct does not directly or indirectly cause or encourage another person to fail to comply, in relation to the on-demand passenger transport service, with a safety duty imposed on that other person. (5) It is a safety duty of an accredited operator in relation to an on-demand passenger transport service, and of a relevant responsible person in relation to an accredited operator of an on-demand passenger transport service, to ensure that – (a) the provisions of this Act, or of any other law, that relate to the safe use of a vehicle; and (b) any safety, security and related standards approved by the Commission under section 16 – are complied with by the accredited operator or relevant responsible person, respectively, and to ensure, to the relevant extent, that each other person involved in the provision of the on-demand passenger transport service complies with such provisions or standards. (6) For the purposes of subsection (5) , the relevant extent to which an accredited operator or relevant responsible person is to ensure that each other person involved in the provision of the on-demand passenger transport service complies with such provisions or standards is the extent to which the accredited operator or relevant responsible person is able to control or influence compliance with those provisions or standards by the other person. 33H. Safety duty of affiliated operators and relevant responsible persons (1) It is a safety duty of an affiliated operator in relation to a booking service provider, and of a relevant responsible person in relation to an affiliated operator – (a) to take reasonable care that the acts or omissions, of both the affiliated operator and the relevant responsible person, in the course of providing an on-demand passenger transport service, do not adversely affect the safety of other persons; and (b) to comply, so far as the affiliated operator or relevant responsible person is reasonably able, with any reasonable instruction that is given by the booking service provider to ensure that – (i) the provisions of this Act, or of any other law, that relate to the safe use of a vehicle; or (ii) any safety, security and related standards approved by the Commission under section 16 – are complied with; and (c) to co-operate with any reasonable policy or procedure, of the booking service provider, in connection with the safe and secure provision of the on-demand passenger service. (2) It is a safety duty of a person who is an affiliated operator, or a relevant responsible person in relation to an affiliated operator, to ensure that the operator or person's conduct does not directly or indirectly cause or encourage another person to fail to comply, in relation to an on-demand passenger transport service, with a safety duty imposed on that other person. 33I. Safety duty of driver (1) It is a safety duty of a driver of a vehicle used to provide an on-demand passenger transport service – (a) to take reasonable care for his or her own safety while providing the on-demand passenger transport service; and (b) to take reasonable care that his or her own acts or omissions, while providing the on-demand passenger transport service, do not adversely affect the safety of other persons; and (c) to comply, so far as the driver is reasonably able, with any reasonable instruction that is given by the accredited operator providing the on-demand passenger transport service to ensure that – (i) the provisions of this Act, or of any other law, that relate to the safe use of a vehicle; or (ii) any safety, security and related standards approved by the Commission under section 16 – are complied with; and (d) to co-operate with any reasonable policy or procedure, of the accredited operator providing the on-demand passenger transport service, in connection with the safe and secure provision of the on-demand passenger service. (2) It is a safety duty of a person who is a driver of a vehicle used to provide an on-demand passenger transport service to ensure that the person's conduct does not directly or indirectly cause or encourage another person to fail to comply, in relation to the on-demand passenger transport service, with a safety duty imposed on that other person. 33J. Safety duty of registered operator of vehicle (1) It is a safety duty of a registered operator of a vehicle used in the provision of an on-demand passenger transport service – (a) to take reasonable care that his or her own acts or omissions in relation to the vehicle do not adversely affect the safety of other persons; and (b) to comply, so far as the registered operator is reasonably able, with any reasonable instruction that is given by the accredited operator of the on-demand passenger transport service to ensure that – (i) the provisions of this Act, or of any other law, that relate to the safe use of a vehicle; or (ii) any safety, security and related standards approved by the Commission under section 16 – are complied with; and (c) to co-operate with any reasonable policy or procedure, of the accredited operator providing the on-demand passenger transport service, in connection with the provision of the on-demand passenger service. (2) It is a safety duty of each person who is a registered operator of a vehicle used to provide an on-demand passenger transport service to ensure that the person's conduct does not directly or indirectly cause or encourage another person to fail to comply, in relation to the on-demand passenger transport service, with a safety duty imposed on that other person. 33K. Offences (1) A person on whom a safety duty is imposed must not, without reasonable excuse, engage in conduct, or fail to engage in conduct, in relation to the operation of on-demand passenger transport services, if – (a) the conduct, or failure to engage in the conduct, exposes a person to a risk of death, serious injury or serious illness; and (b) the person is reckless as to the risk that the conduct, or failure to engage in the conduct, poses of the death, serious injury or serious illness of a person. Penalty: Fine not exceeding – (a) $3 000 000 for a body corporate or body politic; or (b) $300 000 for an individual or imprisonment for a term not exceeding 5 years, or both. (2) A person on whom a safety duty is imposed must not, by failing to comply with the duty, expose a person to a risk of death, serious injury or serious illness. Penalty: Fine not exceeding – (a) $1 500 000 for a body corporate or body politic; or (b) $150 000 for an individual. (3) A person on whom a safety duty is imposed must not fail to comply with the duty. Penalty: Fine not exceeding – (a) $500 000 for a body corporate or body politic; or (b) $50 000 for an individual. 33L. Relationship with certain safety legislation (1) If a provision of this Act and a provision of the Work Health and Safety Act 2012 deal with the same matter and it is possible to comply with both provisions, a person must comply with both provisions. (2) However, to the extent it is not possible to comply with both provisions, a person must comply with the provision of the Work Health and Safety Act 2012 . (3) Evidence of a relevant contravention of this Act is admissible in any proceeding for an offence under the Work Health and Safety Act 2012 . (4) If an act, omission or circumstance constitutes an offence under this Act and the Work Health and Safety Act 2012 , the offender is not liable to be punished twice for the same offence. (5) Compliance with this Act or the regulations, or any requirement imposed under this Act or the regulations, is not, in itself, evidence that a person has complied with the Work Health and Safety Act 2012 or with a common law duty of care. 33M. Duty to advise Commission of accidents, incidents and notifiable findings (1) An accredited operator must notify the Commission of – (a) an accident or incident, of a type of accident or incident that is prescribed, in re