Western Australia: Road and Air Transport Commission Act 1966 (WA)

Western Australia Transport Co-ordination Act 1966 Western Australia Transport Co-ordination Act 1966 Contents Part I — Preliminary 1. Short title 2 2. Commencement 2 3. Objects of this Act 2 4. Terms used 2 5. Act to be read subject to Commonwealth Constitution 5 Part II — Administration Division 1 — General administration 6. Transport Co‑ordination Ministerial Body 6 6A. Purpose and nature of Ministerial Body 6 7. Execution of documents by Ministerial Body 6 7A. Minister may join etc. body with objects related to transport etc. 8 7B. Transport Strategy Committees 9 7C. Unlawful disclosure of information 10 8. Director General may use staff of other bodies 10 9. Application of Financial Management Act 2006 and Auditor General Act 2006 11 10. Power to borrow 11 15. Delegation by Minister 12 Division 2 — Particular functions 15B. Functions of Director General 13 15C. Minister may provide etc. facilities for movement of vehicles 14 15D. Stopping places 15 16. Tenders, subsidies and licences 16 17. Conditions of tender 17 18. Delegation by Director General 18 Division 3 — Construction or closure of railways 18A. Report by Director General 19 Part III — Licences Division 1 — General provisions relating to licensing of public vehicles 19. Application of Part 20 20. Vehicles operating to be licensed 20 21. Fees for licences 21 22. Weight of public vehicles or goods, determining 23 23. Transfer of licence 23 Division 3 — Commercial goods vehicles Subdivision 1 — Licensing 33. Licensing vehicles, when licence not required 24 34. Licences to be granted in some cases 25 35. Applications for licences 26 36. Matters Minister may or must consider before deciding applications 27 37. Minister may grant etc. applications 28 38. Implied conditions of licences 28 39. Minister may attach conditions to licences 28 40. Duration of licences 29 41. Permits to operate licensed vehicle contrary to licence 29 42. Commercial goods vehicles to be licensed under Road Traffic (Vehicles) Act 2012 30 Subdivision 2 — Recommendations in respect of operation pursuant to subcontracts 42A. Terms used 30 42B. Remuneration of sub-contractors operating vehicles from south to north of 26°S, recommendations as to 31 42C. Authority needed to operate vehicle from south to north of 26°S 32 42D. Inquires etc. by Director General 33 42E. Information, power of Director General etc. to obtain 33 42F. Restriction on disclosing information received 34 42G. Offence to not give, or to give false etc., information 34 42H. Offender under s. 42G, revocation etc. of licence of 35 Division 4 — Aircraft 43. Licensing aircraft, when licence not required 35 43AA. Australian National Airlines Act 1945 (Cwlth), application 36 43A. Duration of licences 36 43B. Permits to operate licensed aircraft contrary to licence 36 44. Applications for licences 37 45. Matters Minister may consider before deciding application 38 46. Implied conditions of licences 39 47. Minister may attach conditions to licences 39 Division 4A — Ferries 47AA. Licensing ferries, duration of licences 40 47AB. Permits to operate licensed ferry contrary to licence 40 47AC. Applications for licences 41 47AD. Matters Minister may consider before deciding applications 42 47AE. Implied conditions of licences 42 47AF. Minister may attach conditions to licences 42 Division 5 — Ships 47A. Terms used 43 47B. Licence or permit for ships to engage in coasting trade 44 47C. Licences and permits to be granted in some cases 46 47D. Investigative powers 48 47E. Prosecutions may be commenced at any time 49 47F. This Division in addition to Western Australian Marine Act 1982 49 Part IV — Miscellaneous 48. Time limits for continuously driving commercial goods vehicles 50 49. Investigative powers of police etc. 51 50. Offences, defences and penalties for operating unlicensed public vehicles 53 51. Evidentiary provisions 55 53. Failure to comply with licence 55 54. Commercial goods vehicle not to carry passengers 56 56. General penalty 56 57. Minister may revoke or suspend licence or permit 57 58. Recovering penalties 57 58A. Infringement notices 58 58B. Owner onus in relation to motor vehicles 60 59. Effect of other road laws 61 60. Regulations 61 61. Protection of Minister, Director General etc. 63 63. Subsidies, payment of 64 64. Review of Act 64 First Schedule — Carriage for which commercial goods vehicle licence not required Notes Compilation table 69 Other notes 75 Defined terms Western Australia Transport Co‑ordination Act 1966 An Act to provide for the co‑ordination, planning and advancement of all forms of transport in this State, to provide for the review, control and licensing of transport services and for incidental and other purposes. [Long title inserted: No. 54 of 1985 s. 4; amended: No. 40 of 2000 s. 4; No. 31 of 2003 s. 191.] Part I — Preliminary 1. Short title This Act may be cited as the Transport Co‑ordination Act 1966. [Section 1 amended: No. 64 of 1970 s. 1(3); No. 93 of 1979 s. 1(3); No. 54 of 1985 s. 5.] 2. Commencement This Act shall come into operation on the date on which the State Transport Co‑ordination Act 1966 2, comes into operation. 3. Objects of this Act The objects of this Act are — (a) to provide for the co‑ordination of the resources used for the provision of transport services for the people of this State and for the development of this State; (b) to ensure that the people of this State are provided, as far as is practicable, with reliable, efficient and economic transport services; (c) to provide for the rationalisation and control of transport services by means of licensing and other measures wherever such measures contribute to the provision of reliable, efficient and economic transport services; (d) to provide for the reduction or elimination of controls imposed under this Act wherever practicable to ensure that transport services provided are reliable, efficient and economic for the people of this State; (e) to facilitate the formulation of policies relating to the provision of transport services. [Section 3 inserted: No. 54 of 1985 s. 6.] 4. Terms used (1) In this Act, unless the contrary intention appears — commercial goods vehicle means a vehicle, other than a vehicle propelled by animal or human power, only, operating or used or intended to be used, on roads or streets for the transport of goods and includes any such vehicle so used or operated or used or intended to be used by or on behalf of the Crown for the carriage of goods for hire or reward and whether in connection with a railway or not; Department means the department of the Public Service of the State principally assisting the Minister with the administration of this Act; Director General means the chief executive officer of the Department; ferry means a vessel, including a hovercraft, used or intended to be used to carry passengers for hire or reward and includes any such vessel so used or intended to be used by or on behalf of the Crown, or an agency of the Crown; goods means chattels of every description; gross weight, in relation to a commercial goods vehicle, means the sum of the unladen weight of the vehicle and the load that it is authorised, by its licence under this Act, to carry; licence means a licence or permit issued under this Act and for the time being in force, and the verb to license has a corresponding meaning; Ministerial Body means the Transport Co‑ordination Ministerial Body established by section 6; officer means an officer of the Department and includes a member of the Police Force, or any other person acting in pursuance of powers or duties conferred on him under this Act and any person employed or engaged under this Act; operate, as applied to a vehicle, means to carry, or offer or agree to carry, or to be responsible for arranging the carriage of, passengers or goods for hire or for any consideration, or in the course of or in connection with any trade or business whatever, and cognate expressions shall be construed accordingly; owner, in relation to a vehicle, includes every person who — (a) is the owner or a co‑owner of the vehicle; (aa) is the purchaser or hirer of the vehicle under a contract that for the purposes of the Credit Act 1984 is a credit sale contract to which that Act applies or who is the debtor under an agreement that pursuant to that Act is deemed to be a credit sale contract to which that Act applies; (ab) is the purchaser or hirer of a vehicle under a contract that for the purposes of the National Credit Code (Commonwealth) is a credit contract, or is to be regarded as a credit contract, to which that Code applies; (b) has the use of the vehicle under a hiring, lease or hire‑purchase agreement, but does not include an unpaid vendor of the vehicle under a hire‑purchase agreement; permit means a permit issued under this Act and for the time being in force; public vehicle means any vehicle that is required to be licensed under this Act; railway means a railway within the meaning of the Government Railways Act 1904; road includes any street or place open to or used by the public, and all bridges and culverts and other things appurtenant thereto and used in connection therewith; Schedule means a schedule to this Act; section means a section of this Act; transport service means any service for the carriage of passengers or goods, whether by road, rail, air, or water; vehicle means a vehicle propelled by any means, other than animal or human power, and includes an aircraft and a vessel, but does not include a vehicle used on a railway. (2) For the purposes of this Act, a trailer and a semi‑trailer is a vehicle separate from, and is deemed to be driven by the driver of, the vehicle by which it is drawn. (2a) For the purposes of this Act, a vehicle which draws a semi‑trailer or a trailer which is operating is itself operating. [(3), (4) deleted] [Section 4 3 amended: No. 94 of 1972 s. 4(1); No. 51 of 1975 s. 4; No. 93 of 1979 s. 4; No. 47 of 1980 s. 4; No. 48 of 1980 s. 3; No. 8 of 1981 s. 3; No. 106 of 1981 s. 25; No. 102 of 1984 s. 18; No. 30 of 1985 s. 3; No. 54 of 1985 s. 7; No. 115 of 1987 s. 4; No. 64 of 1994 s. 4; No. 14 of 1996 s. 4; No. 30 of 1996 s. 13; No. 57 of 1997 s. 122(1); No. 7 of 2002 s. 37; No. 14 of 2010 s. 14; No. 17 of 2014 s. 42; No. 26 of 2018 s. 335.] 5. Act to be read subject to Commonwealth Constitution This Act shall be construed subject to the Commonwealth of Australia Constitution Act, and so as not to exceed the legislative power of the State, to the intent that, where any provision hereof would, but for this section, be construed as being in excess of that power, it shall nevertheless be a valid enactment to the extent to which it is not in excess of that power. Part II — Administration Division 1 — General administration [Heading inserted: No. 7 of 2002 s. 38.] 6. Transport Co‑ordination Ministerial Body (1) The Transport Co‑ordination Ministerial Body is established. (2) The Ministerial Body is a body corporate with perpetual succession. (3) Proceedings may be taken by or against the Ministerial Body in its corporate name. (4) The Ministerial Body is to be governed by the Minister. (5) The Ministerial Body is an agent of the State and has the status, immunities, and privileges of the State. [Section 6 inserted: No. 7 of 2002 s. 39.] 6A. Purpose and nature of Ministerial Body (1) The Ministerial Body is established to provide a body corporate through which the Minister can perform any of the Minister's functions under this Act that can more conveniently be performed by a body corporate than an individual. (2) Despite the employment under the Public Sector Management Act 1994 of ministerial officers for the purpose of assisting the Minister to perform functions that the Minister performs through the Ministerial Body, the Ministerial Body and those officers are not an organisation for the purposes of that Act. [Section 6A inserted: No. 7 of 2002 s. 39.] 7. Execution of documents by Ministerial Body (1) The Ministerial Body is to have a common seal. (2) A document is duly executed by the Ministerial Body if — (a) the common seal of the Ministerial Body is affixed to it in accordance with subsections (3) and (4); or (b) it is signed on behalf of the Ministerial Body by the Minister; or (c) it is signed on behalf of the Ministerial Body, as authorised under subsection (5), by the Director General or another person. (3) The common seal of the Ministerial Body is not to be affixed to a document except as authorised by the Ministerial Body. (4) The common seal of the Ministerial Body is to be affixed to a document in the presence of the Minister, and the Minister is to sign the document to attest that the common seal was so affixed. (5) The Ministerial Body may, by writing under its seal, authorise the Director General or another person to sign documents on behalf of the Ministerial Body, either generally or subject to any conditions or restrictions specified in the authorisation. (6) A document purporting to be executed in accordance with this section is to be presumed to be duly executed until the contrary is shown. (7) A document executed by the Director General or another person under this section without the common seal of the Ministerial Body is not to be regarded as a deed unless it is executed as a deed as authorised under subsection (5). (8) When a document is produced bearing a seal purporting to be the common seal of the Ministerial Body, it is to be presumed that the seal is the common seal of the Ministerial Body until the contrary is shown. (9) For the purposes of this Act, a facsimile of — (a) the Ministerial Body's seal; or (b) the signature of the Minister or a person authorised under subsection (5) to execute deeds or other documents, may be used, and a deed or other document purporting to be endorsed with such a facsimile is, until the contrary is shown, to be regarded as bearing the facsimile under this subsection. [Section 7 inserted: No. 7 of 2002 s. 39.] 7A. Minister may join etc. body with objects related to transport etc. (1) Subject to this Act the Minister may — (a) become a member of or shareholder in; and (b) contribute funds to, any body whether incorporated or not (in this section referred to as the body) which — (c) has its principal office within the Commonwealth; and (d) has among its principal objects the carrying out of research, investigations, inquiries or studies into the improvement of transport or transport safety, or both, within the Commonwealth. (2) The Minister may be represented on the body by any officer of the Department authorised in that behalf in writing by the Minister. (3) The Minister may — (a) take part in any activities of the body; and (b) carry out any function, investigation and research for or on behalf of the body either alone or in association with any other person appointed by the body; and (c) contribute to the cost of any activity carried on by the body or by any person on its behalf. [Section 7A inserted: No. 54 of 1985 s. 11; amended: No. 7 of 2002 s. 40.] 7B. Transport Strategy Committees (1) The Minister may, by instrument in writing, establish such number of Transport Strategy Committees as appear to him from time to time to be desirable for the purposes of this Act. (2) The function of a Transport Strategy Committee shall be to advise the Minister with respect to such matters relating to transport policy as are specified in the instrument by which the Committee is established. (3) Subject to subsection (4), a Transport Strategy Committee shall continue in existence for such period as may be specified in the instrument by which it is established or if no such period is specified for such period as the Committee requires to complete its functions. (4) The Minister may at any time by instrument in writing vary or revoke an instrument made under subsection (1). (5) The Minister may appoint such persons as he thinks fit to be members of a Transport Strategy Committee and may at any time remove a member of a Committee. (6) A member of a Transport Strategy Committee may resign at any time by notice in writing delivered to the Minister. (7) The Director General, or an officer of the Department nominated by him, shall be the chairman and a member of every Transport Strategy Committee. (8) The Director General shall provide to every Transport Strategy Committee such support services as the Committee may reasonably require to enable it to perform its functions. (9) Where it is determined by the Minister that a member of a Transport Strategy Committee shall be entitled to remuneration or to any travelling or other allowance, it shall be fixed by the Minister on the recommendation of the Public Sector Commissioner. (10) Subject to any directions which may have been given in writing by the Minister, a Transport Strategy Committee may regulate its own procedure. [Section 7B inserted: No. 54 of 1985 s. 11; amended: No. 39 of 2010 s. 89.] 7C. Unlawful disclosure of information A person who discloses any information or opinion that has been furnished to or obtained by a Transport Strategy Committee in confidence commits an offence unless the disclosure is made — (a) with the consent of the person providing the information or expressing the opinion; or (b) in connection with the administration of this Act and with the prior permission of the Director General. Penalty: $200. [Section 7C inserted: No. 54 of 1985 s. 11.] [7D. Deleted: No. 7 of 2002 s. 41.] 8. Director General may use staff of other bodies (1) The Director General may, for the purposes of assisting in carrying out the provisions of this Act — (a) with the consent of a public authority, use the services of a person employed by the public authority; or (b) with the consent of the officer's employing authority, use the services of an officer of the Public Service. (2) In subsection (1) — employing authority has the same meaning as it has in the Public Sector Management Act 1994; public authority means any State instrumentality or agency or any public statutory body, whether incorporated or not, established by or under a law of the State. (3) This section does not prevent the operation of section 66 or 100, or any other provision, of the Public Sector Management Act 1994. [Section 8 inserted: No. 7 of 2002 s. 42.] 9. Application of Financial Management Act 2006 and Auditor General Act 2006 The provisions of the Financial Management Act 2006 and the Auditor General Act 2006 regulating the financial administration, audit and reporting of departments apply to and in respect of the Department and its operations. [Section 9 inserted: No. 4 of 1986 s. 4; amended: No. 77 of 2006 Sch. 1 cl. 169.] 10. Power to borrow (1) The Minister may borrow money upon the guarantee of the Treasurer of the State for the purposes of — (a) providing premises and other facilities under this Act; or (b) carrying out the Minister's functions under this Act; or (c) enabling the Director General's functions under this Division to be performed. (2) The Minister may borrow money with the prior approval in writing of the Treasurer, but not otherwise, and any borrowing is to be upon terms and conditions that the Treasurer approves. (3) This section authorises the Treasurer, for and on behalf of the State, to give any approval or guarantee that this section requires and the guarantee may include the guarantee of interest. (4) Any money borrowed by the Minister under this section may be raised as one loan or as several loans and in any manner that the Treasurer may approve, but the amount of money borrowed in any one year cannot exceed, in the aggregate, an amount that the Treasurer approves. (5) Before a guarantee is given by the Treasurer under this section, the Minister must give to the Treasurer any security that the Treasurer requires and execute any instruments necessary for giving that security. (6) Money borrowed under this section can only be used for a purpose referred to in subsection (1). (7) The due payment of money payable by the Treasurer under a guarantee under this section is to be charged to and paid out of the Consolidated Account, and this subsection appropriates that Account accordingly. [Section 10 inserted: No. 31 of 2003 s. 192; amended: No. 77 of 2006 s. 4 and 5(4).] [11‑14. Deleted: No. 54 of 1985 s. 13.] 15. Delegation by Minister (1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to the Director General or some other officer of the Department any of his functions, powers or duties under this Act. (1a) Without limiting the things that may be delegated under subsection (1), they include things that are to be done in the course of governing the affairs of the Ministerial Body under section 6(4). (2) In any instrument of delegation under subsection (1) the Minister may authorise the Director General to subdelegate to any officer of the Department any function, power or duty referred to in the instrument of delegation and where the Minister does so the provisions of section 59 of the Interpretation Act 1984 apply to and in relation to any such subdelegation as though the subdelegation were a delegation. [Section 15 inserted: No. 54 of 1985 s. 14; amended: No. 7 of 2002 s. 43.] [15A. Deleted: No. 7 of 2002 s. 44.] Division 2 — Particular functions [Heading inserted: No. 7 of 2002 s. 45.] 15B. Functions of Director General (1) Subject to this Act and to the general control of the Minister, the Director General is responsible for the administration of this Act. (2) It is the function of the Director General to — (a) maintain an overview of existing transport services in this State and recommend to the Minister measures for achieving co‑ordination of transport services in this State; (b) report to the Minister on transport policy or changes in transport policy and measures for achieving policy objectives; (c) report to the Minister on trends and developments relating to transport within the State and elsewhere and on transport requirements within the State; (d) provide assistance to the transport agencies when requested by the Minister or the agencies in the development and application of appropriate planning techniques and in the establishment and maintenance on a continuing basis of detailed plans for resource use, operations and, where appropriate, marketing; (e) assist and advise the Minister in his examination of the plans referred to in paragraph (d); (f) report to the Minister on sources and uses of funds for the advancement of transport in the State in order to meet both the Minister's need for advice on such matters and any such need which from time to time the Treasurer may have; (g) undertake, either directly or in association with other bodies or by the use of consultants, such research relating to transport as the Minister may require or as are considered necessary by the Minister to enable the Director General to perform his duties under this Act; (h) assist the Minister in carrying out the Minister's functions under this Act; (j) advise the Minister on the administration of the Public Transport Authority Act 2003; (k) carry out such duties as directed by the Minister relating to matters associated with or affecting transport. [Section 15B inserted: No. 47 of 1980 s. 7; amended: No. 30 of 1985 s. 4; No. 54 of 1985 s. 16; No. 64 of 1994 s. 7; No. 83 of 1994 s. 49; No. 24 of 2000 s. 43(1); No. 7 of 2002 s. 46; No. 31 of 2003 s. 193; No. 74 of 2003 s. 121(2); No. 28 of 2008 s. 15.] 15C. Minister may provide etc. facilities for movement of vehicles (1) The Minister may provide facilities that the Minister considers to be necessary for the purpose of facilitating the movement of vehicles, under this Act or any other Act, in any part of the State. (2) The Minister may impose terms and conditions, including the payment of charges, for the use of any facilities provided under subsection (1). (3) The Minister may dispose of facilities that the Minister considers to be no longer necessary for the purpose referred to in subsection (1). (4) In this section — facilities includes vehicles; manage, in relation to facilities, includes — (a) grant a lease of and let on hire; and (b) enter into an agreement or arrangement for the management of facilities by some other person; provide includes acquire, establish, maintain, manage and alter. [Section 15C inserted: No. 7 of 2002 s. 47.] 15D. Stopping places (1) In this section — local government includes the Commissioner of Main Roads, in relation to any road in relation to which the Commissioner may exercise power under the Main Roads Act 1930; passenger transport vehicle means a passenger transport vehicle as defined in the Transport (Road Passenger Services) Act 2018 section 4(1). (2) The Minister may appoint stopping places to be used for passenger transport vehicles operated for hire or reward. (3) The Minister may cause to be erected at a stopping place appointed under subsection (2) — (a) any sign indicating and identifying the stopping place; and (b) shelters of any design or construction the Minister thinks fit. (4) Before a sign or shelter is erected under subsection (3), the Minister must cause the Director General to confer with the local government concerned on the matter. (5) If agreement cannot be reached on the location, size and type of sign or shelter, the matter is to be determined by — (a) the Minister; and (b) as the case requires, the Minister administering the Local Government Act 1995 or the Minister administering the Main Roads Act 1930. (6) A local government must, if so required by the Minister, appoint within its district any stands for passenger transport vehicles that are agreed on between the Minister and the local government. (7) If agreement is not reached under subsection (6), the matter must be resolved in the manner provided by subsection (5) for resolving matters in dispute. [Section 15D inserted: No. 26 of 2018 s. 336.] 16. Tenders, subsidies and licences (1) The Minister — (a) may enter into negotiations or invite tenders, or both, for the provision of transport services, with or without inviting premiums or offering subsidies; and (b) shall administer and direct the payment of such subsidies with respect to the provision of transport as may be authorised under this Act. (2) The Minister having considered the tenders submitted in response to an invitation to tender for the provision of transport services may enter into negotiations with all or any of the persons who have responded to an invitation to tender or with any other person for the purpose of ensuring the provision of transport services of the kind referred to in the invitation to tender. (3) All applications for licences in respect of public vehicles shall be made to the Director General. (4) The Minister shall determine all applications for licences under this Act and without limiting any of the provisions of this Act — (a) specify any conditions, restrictions and prohibitions applicable in relation to a licence; and (b) determine in respect of a particular licence or any class of licences the conditions, restrictions and prohibitions that apply in relation thereto. [Section 16 inserted: No. 54 of 1985 s. 17; amended: No. 64 of 1994 s. 7; No. 56 of 1997 s. 60; No. 31 of 2003 s. 194.] 17. Conditions of tender (1) The Minister may, in calling tenders under section 16, call them subject to any one or more of the conditions, restrictions and prohibitions attaching to the tender and any other conditions, restrictions or prohibitions, whether precedent or subsequent, or both, as the Minister may in his discretion impose with respect to the acceptance of a tender including conditions that the tenderer will if his tender is accepted — (a) provide a minimum service, as specified by the Minister; (b) provide the minimum service for a minimum period, as specified by the Minister; (c) execute jointly and severally, with sureties of a number and kind to be approved by the Minister a bond in favour of the Minister, binding the tenderer and his sureties to the Minister in an amount to be specified by the Minister for the due compliance with every condition, restriction and prohibition imposed by the Minister. (2) The imposition, by the Minister, of conditions, restrictions and prohibitions on a licence pursuant to this section does not preclude his imposition of conditions, restrictions and prohibitions on the licence pursuant to section 16. (2A) The Minister may impose conditions, restrictions and prohibitions on an authorisation granted to a tenderer under the Transport (Road Passenger Services) Act 2018 Part 4 Division 2 in addition to any other conditions that may be imposed under that Division. (3) Where a tenderer who has been granted a licence or authorisation subject to conditions, restrictions or prohibitions or any of them, including the execution of a bond, imposed under the authority of this section, and thereafter fails, in any respect, duly to perform any one of the conditions, restrictions or prohibitions, then, without prejudice to the right or power of the Minister under this Act or the Transport (Road Passenger Services) Act 2018 to cancel the licence or authorisation granted to the tenderer, the Minister may take any proceedings at law or in equity in any court of competent jurisdiction to enforce payment under the bond against all or any of the persons thereby bound. [Section 17 amended: No. 54 of 1985 s. 18; No. 26 of 2018 s. 337.] 18. Delegation by Director General (1) The Director General may, and shall at the request of the Minister to the extent specified in the request, either generally or in relation to any particular matter, by instrument, delegate to any person any of the functions or powers of the Director General under this Act, except this power of delegation. (2) A delegation under this section is revocable at will by the Director General, except that, to the extent that the delegation was at the request of the Minister, it is revocable only at the Minister's request. (3) A function performed or a power exercised by a delegate is to be treated as performed or exercised by the Director General. (4) A delegate performing a function or exercising a power is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown. (5) Subject to this section, section 59 of the Interpretation Act 1984 applies to and in relation to any delegation under this section. [Section 18 inserted: No. 32 of 1998 s. 64(2); amended: No. 7 of 2002 s. 48.] Division 3 — Construction or closure of railways [Heading inserted: No. 47 of 1980 s. 8.] 18A. Report by Director General The Minister shall cause a report to be made by the Director General on the construction or closure of any railway and shall cause the report to be laid before each House of Parliament before the second reading in that House of any Bill for the construction or closure of the railway. [Section 18A inserted: No. 54 of 1985 s. 20.] [Division 4 (s. 18B‑18H) deleted: No. 31 of 2003 s. 195.] Part III — Licences Division 1 — General provisions relating to licensing of public vehicles 19. Application of Part (1) Notwithstanding the provisions of any other Act, but subject to subsection (1A) and the provisions of any notice published pursuant to subsection (2), this Part applies to and in relation to every vehicle that is operated by any person (including vehicles operated by the Crown, or by an agency of the Crown, in right of the State). (1A) This Part does not apply to a passenger transport vehicle as defined in the Transport (Road Passenger Services) Act 2018 section 4(1). (2) The Minister may by order published in the Government Gazette grant exemptions from the provisions of this Part. (3) An order made under subsection (2) may be amended or revoked by the Minister by an order published in the Government Gazette. (4) Section 43(7), (8) and (9) of the Interpretation Act 1984 applies to an order made under this section as though the order were subsidiary legislation. [Section 19 inserted: No. 93 of 1979 s. 5; amended: No. 30 of 1985 s. 6; No. 64 of 1994 s. 9; No. 26 of 2018 s. 338 .] [19A. Deleted: No. 54 of 1985 s. 21.] 20. Vehicles operating to be licensed (1) Every vehicle that is operated after the coming into operation of this Act is required to be licensed under this Part. (2) This section does not apply to any journey made for reward by a motor vehicle, that is not a commercial goods vehicle, on any occasion with respect to which the Minister is satisfied that a special emergency justified the making of the journey. [(3) deleted] (4) For the purposes of determining whether or not a licence is required under this Part in respect of any commercial goods vehicle, where goods are to be conveyed from one place to another, and the carriage of those goods is effected by stages whether by one vehicle or by different vehicles, the whole distance over which the goods are, or are to be, carried shall be taken to comprise the one journey and every vehicle taking part in the carriage of the goods in the course of that journey is to be deemed to make the whole journey. (5) In accordance with the Personal Property Securities Act 2009 (Commonwealth) section 10 the definition of licence paragraph (d), a licence granted under this Part is declared not to be personal property for the purposes of that Act. [Section 20 amended: No. 93 of 1979 s. 6; No. 54 of 1985 s. 22 and 52; No. 42 of 2011 s. 109; No. 26 of 2018 s. 339.] 21. Fees for licences (1) In respect of every public vehicle licence the following fees are payable to the Director General in the prescribed manner, in relation to the term of the licence, or such shorter period as is prescribed, namely — [(a) deleted] (b) for a commercial goods vehicle licence under Division 3 a fee determined by the Minister, but not exceeding the prescribed amount for each licence for each 50 kilograms or part thereof of the gross weight of the vehicle, which prescribed amount may be different for different routes or areas of operation or for different classes of goods or mass of goods or for any combination of those factors; and (c) for an aircraft licence under Division 4, a fee determined by the Minister and — (i) based on, but not exceeding the prescribed percentage of, the gross earnings of the vehicle assessed in such manner as may be prescribed; or (ii) based on, but not exceeding the prescribed amount per annum for each kilogram of, the maximum permissible take‑off weight specified in the Certificate of Airworthiness issued in respect of the vehicle under the Air Navigation Regulations of the Commonwealth, whichever basis is in the opinion of the Minister, the more appropriate; and (d) for a ferry licence under Division 4A, a fee determined by the Minister based on, but not exceeding the prescribed amount per annum for each unit of, the maximum number of passengers that the vehicle is licensed to carry at any one time with a maximum fee of $600 per annum. (2) Subject to the limitations imposed by subsection (1), the Minister may at any time vary the fee determined by him in respect of any public vehicle licence. (3) The Director General may, and at the direction of the Minister shall, refund the whole or any part of any licence fee paid in respect of any commercial goods vehicle, where the vehicle has not been operated in the manner or to the extent or for the period contemplated when the licence was issued. (4) In assessing a licence fee based on the gross earnings derived from the operation of a vehicle, the Minister shall not take into account the amount of any subsidy paid or payable in respect of its operation. [Section 21 amended: No. 6 of 1968 s. 22; No. 94 of 1972 s. 4(1); No. 51 of 1975 s. 4; No. 9 of 1979 s. 10; No. 93 of 1979 s. 7; No. 54 of 1985 s. 23 and 52; No. 115 of 1987 s. 5; No. 13 of 1989 s. 4; No. 26 of 2018 s. 340 .] 22. Weight of public vehicles or goods, determining (1) Subject to this Act and to any regulations made under subsection (2), the weight of a public vehicle or of goods carried or to be carried by a commercial goods vehicle shall, if the Minister so orders, be determined at a weighbridge, or by means of such other mechanical device as may be approved by the Minister, and proof of the weight so determined shall be produced by the holder of, or an applicant for, a licence for the vehicle to the Director General or to any officer of the Department, on demand. (2) The regulations may provide that the method of ascertainment of the weight of the vehicle or of any goods carried by the vehicle for the purposes of any other Act be adopted for the purposes of this Act. [Section 22 amended: No. 54 of 1985 s. 24.] 23. Transfer of licence (1) The Minister may on payment of the prescribed fee by the person who has become the owner of the vehicle, grant a transfer of a licence of a public vehicle, and that person shall, thereupon, become the licensee. (2) An application for transfer may be refused for any reason for which an application for a licence by the same person for the same, or any, public vehicle might have been refused. [Section 23 amended: No. 54 of 1985 s. 52.] [Division 2 (s. 24­-32A) deleted: No. 26 of 2018 s. 341.] Division 3 — Commercial goods vehicles Subdivision 1 — Licensing [Heading inserted: No. 19 of 2010 s. 44(2).] 33. Licensing vehicles, when licence not required (1) Subject to this Division, the Minister may, on the application of the owner, grant a licence in respect of a commercial goods vehicle. (2) A licence is not required under this Part in respect of any commercial goods vehicle that — (a) is operated solely in the area within 35 km of the General Post Office, Perth; or (b) is operated solely within 35 km of the place of business of the owner; or (c) is being used otherwise than on a road. [(3) deleted] (4) A licence is not required for a commercial goods vehicle that is being used solely for any carriage specified in the First Schedule. (5) The burden of proving that a commercial goods vehicle is exempted from the provisions of this Part under subsection (4), and that a licence in respect of that vehicle is not required thereunder lies upon the person claiming the exemption. (6) Where in any proceedings for an offence against this Act the accused proposes to claim an exemption from the provisions of this Part under subsection (4) the accused shall, not later than 14 days before the date appointed for the hearing of the charge, give the Director General written details of the exemption claimed. [Section 33 amended: No. 94 of 1972 s. 4(1); No. 93 of 1979 s. 9; No. 30 of 1985 s. 8; No. 54 of 1985 s. 52; No. 84 of 2004 s. 80 and 82.] 34. Licences to be granted in some cases (1) The Minister shall grant upon application a licence to operate any commercial goods vehicle — (a) wholly within 60 km of the General Post Office, Perth; or (b) where the Governor by Order in Council (which may be varied or cancelled by a subsequent Order in Council made under this section) has determined that the provisions of this section shall apply in relation to any such vehicle. (2) An Order in Council made for the purposes of this section may be made so as to apply — (a) to any specified vehicle, or to vehicles of a specified class; or (b) to vehicles used for a specified purpose or any specified class of purpose; or (c) to vehicles whilst operated in a specified part of the State, and may provide that the provisions of this section shall not apply to any vehicle (to which they otherwise would apply) if that vehicle is operated for a purpose or in a locality which is by that order determined to be a purpose or locality in respect of which the order is not to apply. (3) The provisions of section 36, section 37, and section 39 do not apply to or in relation to a licence granted by the Minister under this section or to an application for a licence, but the provisions of this Part other than those sections shall apply to any such licence or application. [Section 34 inserted: No. 93 of 1979 s. 10; amended: No. 54 of 1985 s. 52.] 35. Applications for licences (1) Every application for a commercial goods vehicle licence shall be in writing, setting out — (a) the route on which or the area in which it is intended that the commercial goods vehicle is to operate; and (b) a description of the vehicle in respect of which the application is made; and (c) the classes of goods proposed to be carried; and (d) such other particulars as may be prescribed. (2) Where the application relates to a licence required for a particular purpose of limited duration, notwithstanding the provisions of subsection (1) the Minister may grant the licence without prior lodgement of the written application where he is satisfied that sufficient information has been made available to him to enable him so to do. (3) A licence granted pursuant to subsection (2) — (a) shall be deemed to take effect upon verbal notification to the applicant that a licence will issue; but (b) shall be deemed not to have taken effect if the written application relating thereto is not received by the Director General within 14 days of the Minister's decision or if the information contained in the written application differs in a material particular from the information made available to the Minister prior to his decision. [Section 35 amended: No. 51 of 1975 s. 5; No. 47 of 1980 s. 10; No. 54 of 1985 s. 29 and 52.] 36. Matters Minister may or must consider before deciding applications Before granting or refusing a licence for a commercial goods vehicle, the Minister — (a) may take into account any one or more of the following matters — (i) the necessity for the service proposed to be provided and the convenience that would be afforded to the public by the provision of the proposed service; and (ii) the existing service for the carriage of goods upon the routes, or within the area, proposed to be served in relation to — (I) its present adequacy and possibilities for improvement to meet all reasonable public demands; and (II) the effect upon the existing service of the service proposed to be provided; and (iii) the condition of the roads to be included in any proposed route or area; and (iv) the character, qualifications, and financial stability of the applicant; and (v) the interests of persons requiring transport to be provided, and of the community generally, but shall not be obliged, in relation to any particular licence application, to take into account all of these matters; and (b) shall take into consideration economic development and decentralisation; and (c) may take into consideration such other factors as he thinks fit. [Section 36 inserted: No. 8 of 1981 s. 5; amended: No. 54 of 1985 s. 30 and 52; No. 74 of 2003 s. 121(4).] 37. Minister may grant etc. applications Subject to the provisions of this Division, the Minister may (with or without variation) grant, or may refuse an application for a commercial goods vehicle licence. [Section 37 amended: No. 54 of 1985 s. 52.] 38. Implied conditions of licences It is an implied condition of every licence for a commercial goods vehicle granted by the Minister — (a) that the vehicle be maintained in a fit and serviceable condition; and (b) that the provisions of any Act or regulation applicable to the vehicle and its operation be complied with; and (c) that, in relation to the vehicle, the provisions of section 48, relating to the limitation of hours of driving, be observed, and that the provisions and the requirements of any relevant industrial award or agreement applying to any persons engaged in its operation be complied with; and (d) that the vehicle carry no load exceeding that stipulated in, and authorised by, the licence. [Section 38 amended: No. 54 of 1985 s. 52.] 39. Minister may attach conditions to licences (1) The Minister may, in his discretion, attach to any commercial goods vehicle licence all or any of the following conditions, namely a condition that — (a) the vehicle operate only upon specified routes or in a specified area; and (b) prescribed records be kept; and may attach such other conditions as he thinks proper to impose, in the public interest. (2) The Minister may add to, vary or cancel any of the conditions attached, pursuant to the provisions of subsection (1), to a commercial goods vehicle licence. [Section 39 amended: No. 54 of 1985 s. 52.] 40. Duration of licences The Minister may grant a licence for a commercial goods vehicle — (a) for a period of one year; or (b) for a particular purpose of specified duration. [Section 40 amended: No. 93 of 1979 s. 12; No. 54 of 1985 s. 52.] 41. Permits to operate licensed vehicle contrary to licence (1) The Minister may grant to the owner of any commercial goods vehicle licensed under this Division a permit authorising the vehicle to operate subject to such conditions as may be imposed by the Minister — (a) on any deviation from the routes specified in the licence; or (b) temporarily, on any route or in any area not specified in the licence. (2) Every application for a permit under subsection (1) shall be in writing in the form prescribed. (3) Notwithstanding subsection (2), the Minister may grant a permit without prior lodgement of the written application where he is satisfied that sufficient information has been made available to him to enable him so to do. (4) A permit granted pursuant to subsection (3) — (a) shall be deemed to take effect upon verbal notification to the applicant that the permit will issue; but (b) shall be deemed not to have taken effect if the written application relating thereto is not received by the Director General within 14 days of the Minister's decision or if the information contained in the written application differs in a material particular from the information made available to the Minister prior to his decision. [Section 41 amended: No. 56 of 1981 s. 7; No. 54 of 1985 s. 31 and 52.] 42. Commercial goods vehicles to be licensed under Road Traffic (Vehicles) Act 2012 A licence shall not be granted for any commercial goods vehicle under this Division unless a licence has been granted in respect of the vehicle under the Road Traffic (Vehicles) Act 2012 for that class of vehicle. [Section 42 amended: No. 8 of 2012 s. 189.] Subdivision 2 — Recommendations in respect of operation pursuant to subcontracts [Heading inserted: No. 19 of 2010 s. 44(2).] 42A. Terms used In this subdivision, unless the contrary intention appears — authorised person means a person who is authorised in writing by the Director General to assist the Director General in the exercise of his functions and the discharge of his duties pursuant to this subdivision; prime contractor means any person who for any consideration agrees with a consignor or consignee to transport goods for the consignor or consignee, or to arrange the transport of goods for the consignor or consignee; service or services in relation to a sub‑contractor means the operation of a commercial goods vehicle for the transport of goods which a prime contractor has agreed with a consignor or consignee to transport, or to arrange to transport, for the consignor or consignee; sub‑contractor means an owner of a commercial goods vehicle who is, under a contract for service, engaged by any person to operate the commercial goods vehicle for the transport of goods which a prime contractor has agreed with a consignor or consignee to transport, or to arrange to transport, for the consignor or consignee. [Section 42A inserted: No. 53 of 1977 s. 4; amended: No. 54 of 1985 s. 52.] 42B. Remuneration of sub-contractors operating vehicles from south to north of 26°S, recommendations as to (1) The Director General shall from time to time, as provided by this subdivision, inquire into and recommend the minimum rates of remuneration for the services supplied by a sub‑contractor from south of the 26th parallel of latitude to the north thereof. (2) A recommendation of the Director General — (a) shall be in writing; and (b) shall be signed by the Director General. (3) A copy of every recommendation made by the Director General shall be published in the Government Gazette. (4) Without limiting the generality of subsection (1), a recommendation made by the Director General may recommend any one or all of the following — (a) different minimum rates according to the difference in quality, description, or volume of the service supplied, or in respect of the different forms, modes, conditions, terms, or localities of operation of commercial goods vehicles; (b) different minimum rates for different parts of the State; (c) minimum rates according to any principle or condition specified in the recommendation. [Section 42B inserted: No. 53 of 1977 s. 4; amended: No. 54 of 1985 s. 52.] 42C. Authority needed to operate vehicle from south to north of 26°S (1) Notwithstanding anything contained elsewhere in this Act, on and after the appointed day a person shall not, for hire or reward, operate a commercial goods vehicle from south of the 26th parallel of latitude to the north thereof, unless he is the holder of a Certificate of Authority issued to him by the Minister for that purpose. (2) The Minister may, on payment of the prescribed fee, issue such a certificate to the owner of a licensed commercial goods vehicle, if the Minister is satisfied that it is in the public interest to do so, and may attach to the certificate such conditions as to the mode of operation of the vehicle as he thinks proper to impose in the public interest. (3) Subject to subsection (4) such a certificate shall be valid for such period, not exceeding 12 months, as is determined by the Minister and is specified on the certificate. (4) The Minister may revoke such a certificate at any time if he is satisfied that it is in the public interest to do so, or if he is satisfied that the owner has not complied with any one or more of the conditions relating to the certificate. (5) The prescribed fee shall not exceed $50 per annum and — (a) where the certificate is for a period of less than one year the fee shall be one‑twelfth of the prescribed fee for each month or portion thereof the certificate is valid; and (b) where the certificate is revoked the fee shall be as for the period the certificate was valid and any excess paid shall be refunded. (6) In this section appointed day means such date as is, for the purposes of this section, fixed by the Governor by Order in Council published in the Government Gazette. [Section 42C inserted: No. 53 of 1977 s. 4; amended: No. 54 of 1985 s. 52.] 42D. Inquires etc. by Director General (1) The Director General may, and at the direction of the Minister shall, conduct such investigations, inquiries, study, or research as he considers necessary or desirable for the purposes of this subdivision, and for the purposes of informing, and making recommendations to, the Minister on matters related to the operational and economic stability of the commercial goods vehicle sector of the transport industry in this State. (2) For the purposes of exercising the functions, and discharging the duties imposed on him by this subdivision, the Director General has the powers, authority, and protection of a Royal Commission under the Royal Commissions Act 1968 and the provisions of that Act apply with such modifications as are necessary, to and in relation to any investigation and inquiry that he may make for the purposes of this subdivision. [Section 42D inserted: No. 53 of 1977 s. 4; amended: No. 54 of 1985 s. 32 and 52.] 42E. Information, power of Director General etc. to obtain Without limiting the power of the Director General as provided by section 42D(2), for the purpose of obtaining information necessary for the effective operation of this subdivision the Director General or an authorised person may request and receive from — (a) persons involved in the operation of, and persons for whom goods are transported or are to be transported by, commercial goods vehicles; and (b) organisations which are acknowledged by the Director General as representative of identifiable groups of such persons, information, in writing or otherwise, in relation to the operation of commercial goods vehicles from south of the 26th parallel to the north thereof. [Section 42E inserted: No. 53 of 1977 s. 4; amended: No. 54 of 1985 s. 33 and 52.] 42F. Restriction on disclosing information received A person who discloses any information relating to any business that has been furnished to him or obtained by him pursuant to this subdivision is, unless the disclosure is made — (a) with the consent of the person carrying on or operating the business; or (b) in connection with the administration of this Act; or (c) for the purposes of any legal proceedings in respect of an offence as provided by section 42G or of any report of such proceedings, guilty of an offence against this Act. Penalty: $1 000. [Section 42F inserted: No. 53 of 1977 s. 4.] 42G. Offence to not give, or to give false etc., information A person who, when requested to give any information pursuant to section 42E, fails to do so unless there is reasonable cause for failing to do so (proof of which shall lie on that person), or knowingly makes any false or misleading statement in relation thereto, commits an offence against this Act for which the penalty is $1 000, and, in the case of the offence continuing, $1 000 for each day the offence continues. [Section 42G inserted: No. 53 of 1977 s. 4.] 42H. Offender under s. 42G, revocation etc. of licence of (1) When an offence as provided by section 42G is committed by the holder of a commercial goods vehicle licence the Minister may revoke the licence. (2) Where an offence as provided by section 42G is committed by a person who is not the holder of a commercial goods vehicle licence and that person subsequently applies for a licence for a commercial goods vehicle, the Minister may refuse to grant such a licence to that person on the grounds that he has committed such an offence. [Section 42H inserted: No. 53 of 1977 s. 4; amended: No. 54 of 1985 s. 52.] Division 4 — Aircraft 43. Licensing aircraft, when licence not required (1) Subject to this Division, the Minister may, on the application of the owner, grant a licence in respect of an aircraft. (2) A licence is not required under this Part in respect of an aircraft used for the purpose only of transporting — (a) a legally qualified medical practitioner in the course of his professional duties; or (b) a sick or injured person to or from medical aid, in a case of emergency. (3) The Minister shall not grant a licence in respect of an aircraft, unless he is satisfied that all laws of the Commonwealth relating to the aircraft and its operation have been, and will at all times be, complied with; but, subject thereto, he may (with or without variation) grant or may refuse a licence. (4) Every licence granted shall, subject to the conditions of the licence, authorise the operation of the aircraft between the points or in any areas specified in the licence. [Section 43 amended: No. 54 of 1985 s. 52.] 43AA. Australian National Airlines Act 1945 (Cwlth), application Section 19A of the Australian National Airlines Act 1945 of the Commonwealth 4 is adopted for the purposes of this Act. [Section 43AA inserted: No. 95 of 1987 s. 3.] 43A. Duration of licences A licence for an aircraft may be granted for a period of not more than 5 years or for a particular purpose of specified duration. [Section 43A inserted: No. 56 of 1981 s. 8; amended: No. 44 of 2016 s. 43.] 43B. Permits to operate licensed aircraft contrary to licence (1) The Minister may grant to the owner of any aircraft licensed under this Division a permit authorising the aircraft to operate, subject to such conditions as may be imposed by the Minister, — (a) on any deviation from the routes specified in the licence; or (b) temporarily, on any route or in any area not specified in the licence. (2) Every application for a permit under subsection (1) shall be in writing in the form prescribed. (3) Notwithstanding subsection (2), the Minister may grant a permit without prior lodgement of the written application where he is satisfied that sufficient information has been made available to him to enable him so to do. (4) A permit granted pursuant to subsection (3) — (a) shall be deemed to take effect upon verbal notification to the applicant that the permit will issue; but (b) shall be deemed not to have taken effect if the written application relating thereto is not received by the Director General within 14 days of the Minister's decision or if the information contained in the written application differs in a material particular from the information made available to the Minister prior to his decision. [Section 43B inserted: No. 56 of 1981 s. 8; amended: No. 54 of 1985 s. 34 and 52.] 44. Applications for licences (1) Every application for an aircraft licence shall be in writing, setting out — (a) the routes on which and the area in which it is intended that the aircraft is to operate; and (b) a description of the aircraft in respect of which the application is made; and (c) the maximum number of passengers to be carried at any one time, and the classes of goods to be carried, by the aircraft; and (d) the service proposed to be provided; and (e) the fares and freight rates proposed to be charged; and (f) such other particulars as may be prescribed. (2) Where the application relates to a licence required for a particular purpose of limited duration, notwithstanding subsection (1) the Minister may grant the licence without prior lodgement of the written application where he is satisfied that sufficient information has been made available to him to enable him so to do. (3) A licence granted pursuant to subsection (2) — (a) shall be deemed to take effect upon verbal notification to the applicant that a licence will issue; but (b) shall be deemed not to have taken effect if the written application relating thereto is not received by the Director General within 14 days of the Minister's decision or if the information contained in the written application differs in a material particular from the information made available to the Minister prior to his decision. [Section 44 amended: No. 56 of 1981 s. 9; No. 54 of 1985 s. 35 and 52.] 45. Matters Minister may consider before deciding application (1) The Minister may, before granting or refusing a licence for an aircraft, take into account any one or more of the following matters — (a) the necessity for the service proposed to be provided and the convenience that would be afforded to the public by the provision of the proposed service; and (b) the existing service for the conveyance of passengers or goods upon the routes, or within the area, proposed to be served, in relation to — (i) its present adequacy and possibilities for improvement to meet all reasonable public demands; and (ii) the effect upon the existing service of the service proposed to be provided; and (c) the condition of the airports and landing grounds to be included in any proposed route or area; and (d) the character, qualifications and financial stability of the applicant; and (e) the interests of persons requiring transport to be provided, and of the community generally, but shall not be obliged, in relation to any particular licence application, to take into account all of these matters. [(2) deleted] (3) Notwithstanding anything in subsection (1) the Minister may at any stage for any reason defer an application or refrain from dealing with an application. [Section 45 amended: No. 47 of 1980 s. 11; No. 8 of 1981 s. 6; No. 30 of 1985 s. 9; No. 54 of 1985 s. 36 and 52.] 46. Implied conditions of licences It is an implied condition of every licence for an aircraft granted by the Minister that — (a) the provisions of any law applicable to the aircraft and its operation be complied with; and (b) the provisions and requirements of any industrial award or agreement applying to persons engaged in the operation or servicing of the aircraft be complied with; and (c) any direction of the Minister relating to the use of airports or landing grounds be complied with. [Section 46 amended: No. 54 of 1985 s. 52.] 47. Minister may attach conditions to licences (1) The Minister may, in his discretion, attach to an aircraft licence all or any of the following conditions, namely, a condition that — (a) the aircraft be operated only upon specified routes or in a specified area; and (b) specified timetables be observed; and (c) specified fares and freight rates be charged; and (d) prescribed records and statistics be kept and be supplied to the Director General, and may attach such other conditions as he thinks fit to impose, in the public interest. (2) The Minister may add to, vary or cancel any of the conditions attached, pursuant to the provisions of subsection (1), to an aircraft licence. [Section 47 amended: No. 79 of 1976 s. 3; No. 54 of 1985 s. 37 and 52.] Division 4A — Ferries [Heading inserted: No. 115 of 1987 s. 6.] 47AA. Licensing ferries, duration of licences (1) Subject to this Division, the Minister may, on the application of the owner, grant a licence in respect of a ferry. (2) A licence for a ferry may be granted for a period of one year or for a particular purpose of specified duration. [Section 47AA inserted: No. 115 of 1987 s. 6.] 47AB. Permits to operate licensed ferry contrary to licence (1) The Minister may grant to the owner of any ferry licensed under this Division a permit authorising the ferry to operate, subject to such conditions as may be imposed by the Minister — (a) on any deviation from the routes specified in the licence; or (b) temporarily, on any route or in any area not specified in the licence. (2) Every application for a permit under subsection (1) shall be in writing in the form prescribed. (3) Notwithstanding subsection (2), the Minister may grant a permit without prior lodgement of the written application where he is satisfied that sufficient information has been made available to him to enable him so to do. (4) A permit granted pursuant to subsection (3) — (a) shall be deemed to take effect upon verbal notification to the applicant that the permit will issue; but (b) shall be deemed not to have taken effect if the written application relating thereto is not received by the Director General within 14 days of the Minister's decision or if the information contained in the written application differs in a material particular from the information made available to the Minister prior to his decision. [Section 47AB inserted: No. 115 of 1987 s. 6.] 47AC. Applications for licences (1) Every application for a ferry licence shall be in writing, setting out — (a) the routes on which and the area in which it is intended that the ferry is to operate; and (b) a description of the ferry in respect of which the application is made; and (c) the maximum number of passengers to be carried at any one time, and the classes of goods, if any, to be carried, by the ferry; and (d) the service proposed to be provided; and (e) the fares proposed to be charged; and (f) such other particulars as may be prescribed. (2) Where the application relates to a licence required for a particular purpose of limited duration, notwithstanding subsection (1) the Minister may grant the licence without prior lodgement of the written application where he is satisfied that sufficient information has been made available to him to enable him so to do. (3) A licence granted pursuant to subsection (2) — (a) shall be deemed to take effect upon verbal notification to the applicant that a licence will issue; but (b) shall be deemed not to have taken effect if the written application relating thereto is not received by the Director General within 14 days of the Minister's decision or if the information contained in the written application differs in a material particular from the information made available to the Minister prior to his decision. [Section 47AC inserted: No. 115 of 1987 s. 6.] 47AD. Matters Minister may consider before deciding applications (1) The Minister may, before granting or refusing a licence for a ferry, take into account the interests of persons requiring transport to be provided, and of the community generally. (2) Notwithstanding anything in subsection (1) the Minister may at any stage for any reason defer an application or refrain from dealing with an application. [Section 47AD inserted: No. 115 of 1987 s. 6.] 47AE. Implied conditions of licences It is an implied condition of every licence for a ferry granted by the Minister that the provisions of any law applicable to the ferry and its operation be comp