Western Australia: Transport (Road Passenger Services) Act 2018 (WA)

Western Australia Transport (Road Passenger Services) Act 2018 Western Australia Transport (Road Passenger Services) Act 2018 Contents Part 1 — Preliminary 1. Short title 2 2. Commencement 2 3. Objects of Act 2 4. Terms used 3 5. On‑demand passenger transport service 9 6. Regular passenger transport service 10 7. Tourism passenger transport service 11 8. Community transport service 12 9. Courtesy transport service 13 10. On‑demand booking service 14 11. Hire or reward 16 12. Close associate 17 13. Crown bound 19 Part 2 — Safety of services Division 1 — Safety duties: principles 14. Safety duties and standards 20 15. Principles applying to safety duties 20 Division 2 — Primary duties of care 16. Primary duty of care of providers of on‑demand booking services 21 17. Primary duty of care of providers of passenger transport services 21 18. Primary duty of care of providers of passenger transport vehicles 22 19. Primary duty of care of drivers of vehicles used to transport passengers for hire or reward 22 20. Duty of officers 22 21. Safety duty offence: Category 1 23 22. Safety duty offence: Category 2 23 23. Safety duty offence: Category 3 24 24. Reasonable steps defence 24 25. Conviction of alternative offence 25 Part 3 — On‑demand booking services Division 1 — Interpretation 26. Term used: disqualification offence 26 Division 2 — Offences 27. Provider of on‑demand booking service must be authorised 26 28. Provider of on‑demand booking service must comply with authorisation conditions 27 Division 3 — Authorisation 29. Application for authorisation to provide an on‑demand booking service 27 30. Responsible officers 28 31. Grant of authorisation 29 32. Refusal of authorisation 30 33. Conditions of authorisation 31 34. Application for variation of conditions 31 35. Variation of conditions 31 36. Notice of decision to refuse or vary 32 37. Authorisation document 33 38. Effect of authorisation 33 39. Duration of authorisation 33 40. Authorisation not transferable 34 41. Publication of list of providers of authorised on‑demand booking services 34 Division 4 — Suspension, cancellation and disqualification Subdivision 1 — Suspension or cancellation by order 42. Suspension or cancellation order 34 43. Suspension or cancellation order for disqualification offence 36 44. Disqualification if authorisation cancelled for disqualification offence 37 45. Cumulative effect of disqualification 37 46. Disqualification period and reinstatement 38 47. Order may be made even if authorisation suspended 38 48. Show cause process 38 49. Immediate suspension or cancellation 39 50. Notice of suspension order 39 51. Period of suspension 40 52. Revocation of suspension order 40 53. Notice of cancellation order 41 Subdivision 2 — Automatic suspension or cancellation 54. Automatic suspension: joint authorisation 42 55. Automatic suspension: no responsible officer 42 Part 4 — Regular passenger transport services Division 1 — Offences 56. Provider of regular passenger transport service must be authorised 44 57. Provider of regular passenger transport service must comply with authorisation conditions 44 58. Provider of regular passenger transport service must notify CEO if no longer providing service 45 Division 2 — Authorisation 59. Application for authorisation to provide regular passenger transport service 45 60. Minister is decision‑maker 46 61. Minister may delegate 46 62. Matters Minister may take into account in making decision 47 63. Grant of authorisation 48 64. Grant of temporary authorisation 48 65. Refusal of authorisation 49 66. Conditions of authorisation 49 67. Application for variation of conditions 49 68. Variation of conditions 50 69. Application for variation of approved routes and areas 50 70. Variation of approved routes and areas 50 71. Notice of decision to refuse or vary 51 72. Authorisation document 52 73. Effect of authorisation 52 74. Duration of authorisation 52 75. Application for transfer of authorisation 53 76. Matters Minister may take into account in making decision 54 77. Grant of approval 54 78. Refusal to approve transfer of authorisation 54 Division 3 — Suspension and cancellation Subdivision 1 — Suspension or cancellation by order 79. Suspension or cancellation order 55 80. Order may be made even if authorisation suspended 56 81. Show cause process 56 82. Immediate suspension or cancellation 57 83. Notice of suspension order 57 84. Period of suspension 57 85. Revocation of suspension order 58 86. Notice of cancellation order 59 Subdivision 2 — Automatic suspension or cancellation 87. Automatic suspension: joint authorisation 59 Subdivision 3 — Cancellation on ceasing to provide service 88. Cancellation on ceasing to provide service 60 Part 5 — Passenger transport drivers Division 1 — Interpretation 89. Term used: disqualification offence 61 Division 2 — Offences 90. Driving vehicle without driver authorisation 61 91. Causing or permitting person to drive vehicle without driver authorisation 62 92. Requirement to comply with driver authorisation conditions 64 93. Causing or permitting driving of vehicle contrary to conditions of driver authorisation 64 94. Forgery and improper use of identifying details 64 Division 3 — Authorisation 95. Application for passenger transport driver authorisation 66 96. Grant of authorisation 66 97. Refusal of authorisation 67 98. Conditions of passenger transport driver authorisation 67 99. Application for variation of conditions 68 100. Variation of conditions 68 101. Notice of decision to refuse or vary 69 102. Driver authorisation document 70 103. Effect of authorisation 70 104. Duration of authorisation 70 105. Authorisation not transferable 71 Division 4 — Suspension, cancellation and disqualification Subdivision 1 — Suspension or cancellation by order 106. Suspension or cancellation order 71 107. Suspension order for disqualification offence 72 108. Order may be made even if authorisation suspended 72 109. Show cause process 72 110. Immediate suspension or cancellation 73 111. Notice of suspension order 73 112. Period of suspension 73 113. Revocation of suspension order 74 114. Notice of cancellation order 75 Subdivision 2 — Cancellation and disqualification: conviction of disqualification offence 115. Cancellation and disqualification when convicted of disqualification offence 75 116. Cumulative effect of disqualification 76 117. Notice of cancellation 77 118. Disqualification period and reinstatement 77 Subdivision 3 — Automatic cancellation of authorisation 119. Cancellation of authorisation: cancellation of driver's licence 78 Part 6 — Passenger transport vehicles Division 1 — Interpretation 120. Terms used 79 Division 2 — Offences 121. Driving vehicle without valid vehicle authorisation 79 122. Operating vehicle without valid vehicle authorisation 80 123. Person must comply with authorisation conditions 83 Division 3 — Authorisation 124. Application for authorisation 83 125. Categories of passenger transport service 84 126. Requirements for authorisation of vehicle 84 127. Grant of authorisation 84 128. Refusal of authorisation 84 129. Conditions of vehicle authorisation 85 130. Application for variation of conditions 85 131. Variation of conditions 85 132. Application for variation of categories of passenger transport service 86 133. Variation of categories of passenger transport service 86 134. Notice of decision to refuse or vary 87 135. Authorisation document 88 136. Effect of authorisation 88 137. Duration of authorisation 89 138. Authorisation not transferable 90 Division 4 — Suspension or cancellation Subdivision 1 — Suspension or cancellation by order 139. Suspension or cancellation order 90 140. Order may be made even if authorisation suspended 91 141. Show cause process 91 142. Immediate suspension or cancellation 92 143. Notice of suspension order 92 144. Period of suspension 92 145. Revocation of suspension order 93 146. Notice of cancellation order 94 Subdivision 2 — Automatic cancellation of authorisation 147. Cancellation of authorisation: cancellation of vehicle licence 95 148. Cancellation of authorisation: transfer of ownership of vehicle 95 Subdivision 3 — Cancellation of authorisation on request 149. Cancellation of authorisation on request 95 Part 7 — Confidentiality and exchange of information Division 1 — Interpretation 150. Terms used 97 Division 2 — Confidentiality and disclosure of information 151. Confidentiality 101 152. CEO may provide authorisation information 102 153. Disclosure of authorisation status of driver 102 154. Disclosure of information about vehicle authorisation 102 155. Use of and access to information provided under this Part 103 156. Use of photographs 103 Division 3 — Exchange of information 157. Exchange of information between CEO and Commissioner of Police 103 158. Exchange of information between CEO and road traffic CEO 104 159. Exchange of information between CEO and transport co‑ordination CEO 105 160. Exchange of information between CEO and relevant authority 105 161. Disclosure of information where agreement is made 106 162. Disclosure of information to law enforcement official 106 163. Disclosure of information to CEO of Public Transport Authority 106 164. Exchange of information between CEO and interstate passenger transport authorities 106 165. Disclosures under this Part free of charge 107 Part 8 — Enforcement Division 1 — Authorised officers Subdivision 1 — Designation 166. Authorised officers 108 Subdivision 2 — General powers 167. Term used: relevant person 108 168. Powers of authorised officers: purposes 110 169. Powers in relation to vehicles 110 170. Directions to relevant persons 111 171. Entry of premises 112 172. Requirement to comply with directions 112 173. Assistance to exercise powers 113 174. Duty to identify driver or person in charge of vehicle 114 175. Duty to take reasonable measures to be able to comply with identity request 115 176. Offences 116 Division 2 — Entry warrants 177. Terms used 116 178. Application for entry warrant 117 179. Application to be in person unless urgent 117 180. Application to be in writing unless made remotely 117 181. Application to be on oath unless made remotely 117 182. Form of entry warrant made remotely 118 183. Evidence obtained inadmissible if section 181(2)(b) or 182(1)(b) contravened 118 184. Issue and content of entry warrant 119 185. Effect of entry warrant 119 Division 3 — Obtaining business records 186. Terms used 120 187. Application of this Division 120 188. Application for order to produce 120 189. Issue of order to produce 121 190. Service of order to produce 122 191. Effect of order to produce 122 192. Powers in relation to order to produce 122 Division 4 — Seizing things and related matters Subdivision 1 — Seizing of things 193. Application 123 194. Grounds for seizing things 123 195. Records relevant to offence 124 196. Seizing of devices and equipment 124 197. Powers to facilitate seizing of records 125 198. List of seized things to be supplied on request 125 Subdivision 2 — Procedure on seizure of privileged material 199. Terms used 126 200. Seizure or production of privileged material 126 201. Record to be secured 126 202. Application to court 127 203. Decision of court 127 204. Forensic examination on record 128 205. Ancillary orders 128 206. Proceedings part of criminal jurisdiction 128 207. Appeals 128 Subdivision 3 — Return or disposal of seized things 208. Return or disposal of seized things 128 Division 5 — Improvement notices 209. Issue of improvement notices 129 210. Contents of improvement notices 130 211. Compliance with improvement notice 131 212. Extension of time for compliance with improvement notice 131 213. Affixing sticker to vehicle 132 Division 6 — Controlled operations 214. Term used: controlled operation 132 215. Controlled operations officers 133 216. Controlled operations 133 217. Reports of controlled operations 134 Division 7 — Offences 218. Liability of officers for offence by body corporate 135 220. When prosecution can be commenced 135 Division 8 — Evidentiary provisions 221. Evidentiary certificates: records and authorisation 136 222. Evidentiary certificates: specific matters 137 223. Proof of certain matters not required in legal proceedings 138 224. Proof of appointments and signatures unnecessary 138 Division 9 — Infringement notices and the Criminal Procedure Act 2004 225. Infringement notices and the Criminal Procedure Act 2004 139 Part 9 — Voluntary buyback and industry assistance schemes and levy Division 1 — Voluntary buyback payment 226. Terms used 141 227. Net loss 143 228. Plate purchase amount 144 229. Application for buyback payment 145 230. Requirement to grant buyback payment 146 231. Amount of buyback payment: taxi plates purchased on or after 1 January 2016 146 232. Amount of buyback payment: taxi plates purchased before 1 January 2016 and held at 2 November 2017 147 233. Provisions relating to determining buyback payments 147 234. Payment of buyback payment 148 235. Application for net loss payment 148 236. Requirement to grant net loss payment 149 237. Amount of net loss payment: taxi plates purchased on or after 1 January 2016 and sold before 2 November 2017 149 238. Amount of net loss payment: taxi plates purchased before 1 January 2016 and sold on or after 1 January 2016 and before 2 November 2017 150 239. Provisions relating to determining net loss payments 150 240. Payment of net loss payment 151 Division 2 — On‑demand passenger transport levy Subdivision 1 — Preliminary 241. Terms used 152 242. Meaning of terms 152 243. Relationship with Taxation Administration Act 2003 152 Subdivision 2 — On‑demand passenger transport levy 244. Leviable passenger service transactions 153 245. On‑demand passenger transport levy 153 246. When levy payable 154 247. Calculation on estimated basis if amount based on actual transactions cannot be determined 155 248. Passenger service transactions for which levy is not payable 155 Subdivision 3 — Miscellaneous 249. Registration of liable persons 156 250. Returns 156 251. Keeping of records 157 252. Information sharing 157 253. Functions of CEO 157 254. Powers of authorised officers 158 255. Conditions 159 256. Recovery of amounts of fares allocated for levy 159 257. Cessation of levy 159 Division 2A — COVID‑19 relief payments 257A. Terms used 160 257B. Minister may determine that COVID‑19 relief payment is payable 160 257C. Grant of COVID‑19 relief payment 161 257D. Amount and payment of COVID‑19 relief payment 162 Division 3 — Adjustment assistance grants 258. Terms used 162 259. Application for adjustment assistance grant 163 260. Requirement to grant adjustment assistance 163 261. Amount of adjustment assistance grant 163 Division 4 — Regional assistance payments 261A. Terms used 164 261B. Minister to determine eligibility criteria and calculation method for regional assistance payment 165 261C. Application for regional assistance payment 166 261D. Requirement to grant regional assistance payment 166 261E. Amount and payment of regional assistance payment 167 Part 10 — Review of decisions 262. Term used: Reviewable decisions 168 263. Reconsideration of reviewable decisions 169 264. Application to State Administrative Tribunal for review 170 Part 11 — Regulations Division 1 — General 265. Regulations 171 266. Regulations may refer to published documents 172 Division 2 — Safety standards 267. Safety standards for providers of on‑demand booking services 173 268. Safety standards for providers of passenger transport services 174 269. Safety standards for drivers of vehicles used to transport passengers for hire or reward 175 270. Safety standards for providers of passenger transport vehicles 176 271. Safety standard offences 177 Division 3 — Passenger transport authorisations 272. Passenger transport authorisations 178 273. Disqualification offences 181 Division 4 — Operation of on‑demand booking services 274. On‑demand booking services 182 Division 5 — Operation of passenger transport services 275. Passenger transport services 183 Division 6 — Passenger transport drivers 276. Passenger transport drivers 184 277. Safety, security and order 185 Division 7 — Passenger transport vehicles 278. Passenger transport vehicles 186 Division 8 — Fares and subsidies 279. Fares 187 280. Subsidies 188 Division 9 — On‑demand passenger transport levy 281. On‑demand passenger transport levy 189 Part 12 — Miscellaneous Division 1 — Giving of documents 282. Giving of documents generally 190 283. Time when document given 191 Division 2 — General 284. Delegation 192 285. CEO may enter into agreements for performance of functions 192 286. Protection from personal liability 193 287. Protection of people testing or examining or giving certain information 193 288. False or misleading information 194 289. Compensation not payable 194 290. Exemptions 195 Division 3 — Review of Act 291. Review of Act 195 Part 13 — Transitional provisions 292. Terms used 197 293. Disclosure of information about drivers and vehicles 197 294. 'F' or 'T' endorsed driver's licences 198 295. Owned taxi plates 199 296. Leased taxi plates 200 297. Licensed taxi-cars 201 298. Licensed omnibuses 201 299. Taxi Industry Development Account abolished 202 300. Bond provisions to continue to apply 203 301. Transitional regulations 203 Part 14 — Repeals and consequential amendments Division 1 — Repeals 302. Taxi Act 1994 Part 3 Division 2 deleted 204 303. Taxi Act 1994 repealed 204 304. Taxi Drivers Licensing Act 2014 repealed 204 Division 2 — Consequential amendments Subdivision 1 — Constitution Acts Amendment Act 1899 amended 305. Act amended 204 306. Schedule V Part 3 amended 204 Subdivision 2 — The Criminal Code amended 307. Act amended 204 308. Section 297 amended 205 309. Section 318 amended 205 Subdivision 3 — Road Traffic Act 1974 amended 310. Act amended 205 311. Section 64A amended 205 312. Section 79D amended 206 Subdivision 4 — Road Traffic (Administration) Act 2008 amended 313. Act amended 209 314. Section 12 amended 209 315. Section 14 amended 209 316. Section 15 amended 209 317. Section 110 amended 210 318. Section 143A amended 210 Subdivision 5 — Road Traffic (Authorisation to Drive) Act 2008 amended 319. Act amended 210 320. Section 9 amended 210 321. Section 11B amended 211 322. Section 11E inserted 211 11E. Disclosure to CEO (road passenger services) 211 Subdivision 6 — Road Traffic (Vehicles) Act 2012 amended 323. Act amended 211 324. Section 21 amended 211 325. Section 131 amended 212 Subdivision 7 — State Administrative Tribunal Act 2004 amended 326. Act amended 212 327. Schedule 1 amended 212 Subdivision 8 — Taxation Administration Act 2003 amended 328. Act amended 213 329. Section 3 amended 213 Subdivision 9 — Taxi Act 1994 amended 330. Act amended 213 331. Section 3 amended 213 332. Section 33 amended 214 333. Section 37 amended 214 Subdivision 10 — Transport Co‑ordination Act 1966 amended 334. Act amended 215 335. Section 4 amended 215 336. Section 15D inserted 215 15D. Stopping places 215 337. Section 17 amended 216 338. Section 19 amended 217 339. Section 20 amended 217 340. Section 21 amended 217 341. Part III Division 2 deleted 218 342. Part IIIB deleted 218 343. Section 55 deleted 218 344. Section 57 amended 218 345. Section 60 amended 218 346. Section 63 amended 218 Notes Compilation table 219 Defined terms Western Australia Transport (Road Passenger Services) Act 2018 An Act to — * provide for the regulation of the road passenger transport industry; and * repeal the Taxi Act 1994 and the Taxi Drivers Licensing Act 2014; and * make consequential amendments to the Transport Co‑ordination Act 1966 and other Acts, and for related purposes. The Parliament of Western Australia enacts as follows: Part 1 — Preliminary 1. Short title This is the Transport (Road Passenger Services) Act 2018. 2. Commencement This Act comes into operation as follows — (a) Part 1 — on the day on which this Act receives the Royal Assent; (b) the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions. 3. Objects of Act The objects of this Act are — (a) to provide for a safe, flexible, responsible, innovative and customer‑focused road passenger transport industry; and (b) to enable the development and operation of innovative and accessible road passenger transport services that contribute to the mobility and safety of the people of Western Australia; and (c) to provide for an on‑demand passenger transport levy; and (ca) to provide for a buyback scheme for owners of taxi plates issued under the Taxi Act 1994, and for COVID‑19 relief payments and regional assistance payments, which may be funded by the levy; and (d) to provide for adjustment assistance grants for certain country taxi‑car licensees operating in the Mandurah and Murray local government districts. [Section 3 amended: No. 10 of 2020 s. 4.] 4. Terms used (1) In this Act, unless the contrary intention appears — approved means approved in writing by the CEO; approved medical report means a report complying with the requirements of the regulations for a medical report; associated booking service, in relation to an authorised on‑demand booking service (the principal booking service), means another on‑demand booking service the provider of which has an association arrangement with the provider of the principal booking service in accordance with section 27; association arrangement means an arrangement between providers of booking services that meets the prescribed requirements; authorised officer has the meaning given in section 166; authorised on‑demand booking service means an on‑demand booking service the provider of which is authorised under Part 3 to provide the service; authorised regular passenger transport service means a regular passenger transport service the provider of which is authorised under Part 4 to provide the service; business of providing a prescribed passenger transport service — (a) includes a business of a kind that the regulations provide is a business of providing a prescribed passenger transport service; and (b) does not include a business of a kind that the regulations provide is not a business of providing a prescribed passenger transport service; category of passenger transport service means a category of passenger transport service listed in section 125; CEO means the chief executive officer of the Department; close associate has the meaning given in section 12; Commissioner of Police means the person holding or acting in the office of Commissioner of Police under the Police Act 1892; community transport service has the meaning given in section 8; controlled operations officer means a person authorised under section 215; conviction includes a finding of guilty, or the acceptance of a guilty plea, whether or not a conviction is recorded; courtesy transport service has the meaning given in section 9; criminal record check means a document issued by the Police Force of Western Australia, the Australian Federal Police or another body or agency approved by the CEO that sets out, or summarises in a manner acceptable to the CEO, the convictions of an individual for offences under a law of this State, the Commonwealth, another State or a Territory; Department means the department of the Public Service principally assisting the Minister in the administration of this Act; driver authorisation document means a driver authorisation document issued under section 102; driver's licence has the meaning given in the Road Traffic (Authorisation to Drive) Act 2008 section 3(1); driving authorisation means — (a) a driver's licence; or (b) a licence or other authorisation under a law of another State or a Territory authorising the person to drive a vehicle on a road other than solely for the purpose of learning to drive a vehicle; hire or reward has the meaning given in section 11; infringement notice means a notice issued to a person under a written law — (a) alleging the commission of an offence; and (b) offering the person an opportunity, by paying an amount of money prescribed under the written law and specified in the notice, to have that matter dealt with out of court; interstate driver authorisation means an authorisation issued under a law of another State or a Territory that — (a) authorises a person to drive a vehicle to transport passengers for hire or reward; and (b) meets the prescribed criteria; interstate vehicle authorisation means an authorisation issued under a law of another State or a Territory that — (a) authorises a vehicle to transport passengers for hire or reward; and (b) meets the prescribed criteria; learner's permit has the meaning given in the Road Traffic (Authorisation to Drive) Act 2008 section 3(1); levy means the on‑demand passenger transport levy referred to in section 245; medical practitioner means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession; officer, in relation to a provider of an on‑demand booking service, a passenger transport service or a passenger transport vehicle — (a) in relation to a body corporate, has the same meaning as officer has in relation to a corporation under the Corporations Act 2001 (Commonwealth) section 9; and (b) in relation to any other provider, means an individual who has the capacity to make decisions in relation to the operations of the on‑demand booking service or passenger transport service or the provision of passenger transport vehicles; on‑demand booking service has the meaning given in section 10; on‑demand booking service authorisation means an authorisation under Part 3 to provide an on‑demand booking service; on‑demand charter passenger transport service means an on‑demand passenger transport service that does not include a rank or hail service; on‑demand driver means a person who drives an on‑demand vehicle for use in providing an on‑demand passenger transport service; on‑demand passenger transport service has the meaning given in section 5; on‑demand rank or hail passenger transport service means an on‑demand passenger transport service that includes a rank or hail service; on‑demand vehicle means a vehicle used or intended to be used in providing an on‑demand passenger transport service; passenger includes a person acting in the capacity of controlled operations officer but does not include a person carrying out work or on duty in any of the following capacities — (a) a person employed in relation to the provision of a passenger transport service; (b) a person carrying out work for the provider of a passenger transport service; (c) an authorised officer; passenger transport authorisation means — (a) an on‑demand booking service authorisation; or (b) a regular passenger transport service authorisation; or (c) a passenger transport driver authorisation; or (d) a passenger transport vehicle authorisation; passenger transport driver means a person who drives a vehicle for the purpose of transporting passengers for hire or reward; passenger transport driver authorisation means a passenger transport driver authorisation under Part 5; passenger transport service means — (a) an on‑demand passenger transport service; or (b) a regular passenger transport service; or (c) a tourism passenger transport service; or (d) a prescribed passenger transport service; passenger transport vehicle means a vehicle used or intended to be used in providing a passenger transport service; passenger transport vehicle authorisation means a passenger transport vehicle authorisation under Part 6; prescribed means prescribed by the regulations; prescribed passenger transport service means a service for the transport of passengers by vehicle for hire or reward that is prescribed; provide a prescribed passenger transport service means carry on the business of providing a prescribed passenger transport service; provide a regular passenger transport service has the meaning given in section 6(2); provide a tourism passenger transport service has the meaning given in section 7(2); provide an on‑demand booking service has the meaning given in section 10(2); provide an on‑demand passenger transport service has the meaning given in section 5(2); provider of an on‑demand booking service means a person who provides an on‑demand booking service; provider of an on‑demand vehicle means a person who carries on the business of providing one or more vehicles for use in providing an on‑demand passenger transport service but does not include a person in a prescribed class of person; provider of a passenger transport service means a person who provides a passenger transport service; provider of a passenger transport vehicle means a person who carries on the business of providing one or more vehicles for use in providing a passenger transport service but does not include a person in a prescribed class of person; provider of a regular passenger transport service means a person who provides a regular passenger transport service; rank or hail service means an on‑demand passenger transport service under which a person can hail or hire an on‑demand vehicle while it is standing or plying or touting for hire on a road or in another place accessible to the public; regular passenger transport service has the meaning given in section 6; regular passenger transport service authorisation means an authorisation under Part 4 to provide a regular passenger transport service; responsible officer, in relation to the provider of an authorised on‑demand booking service, means a person — (a) who is nominated under section 29(4)(c) or the regulations to represent the provider in providing the on‑demand booking service; and (b) who meets the criteria set out in section 30; safety duty has the meaning given in section 14(1); safety standard has the meaning given in section 14(2); taking a booking includes the hiring of a vehicle as a result of a rank or hail service; tourism passenger transport service has the meaning given in section 7; traffic record check means a document issued by the Police Force of Western Australia or another body or agency approved by the CEO that sets out or summarises in a manner acceptable to the CEO either or both of the following — (a) the convictions of an individual for driving‑related offences under a law of this State, another State or a Territory; or (b) the infringement notices issued to an individual for alleged driving‑related offences under a law of this State, another State or a Territory; vehicle means a motor vehicle as defined in the Road Traffic (Administration) Act 2008 section 4; vehicle licence means a vehicle licence granted under the Road Traffic (Vehicles) Act 2012. (2) In this Act, a reference to a passenger or a hirer of a vehicle includes a reference to a prospective passenger or prospective hirer of the vehicle. (3) In this Act, a person is not to be taken to provide a passenger transport service solely because the person — (a) drives a vehicle for use in providing that service; or (b) operates a vehicle for use in providing that service; or (c) provides a vehicle for use in providing that service. (4) On and after the day on which section 303 comes into operation, a reference in this Act to the Taxi Act 1994 is a reference to that Act as in force immediately before that day. 5. On‑demand passenger transport service (1) In this Act, an on‑demand passenger transport service is — (a) a service — (i) for the transport of passengers by vehicle within, or partly within, the State for hire or reward; and (ii) in which the passenger or hirer determines or substantially determines the locations for the beginning and end of the journey and the time of travel; or (b) a service or other thing that the regulations provide is an on‑demand passenger transport service. (2) In this Act, provide an on‑demand passenger transport service means carry on the business of providing an on‑demand passenger transport service. (3) The following are not on‑demand passenger transport services — (a) a courtesy transport service; (b) a community transport service; (c) a service or other thing that the regulations provide is not an on‑demand passenger transport service. (4) In this Act, a business of providing an on‑demand passenger transport service — (a) includes a business of a kind that the regulations provide is a business of providing an on‑demand passenger transport service; and (b) does not include a business of a kind that the regulations provide is not a business of providing an on‑demand passenger transport service. 6. Regular passenger transport service (1) In this Act, a regular passenger transport service is — (a) a service — (i) for the transport of passengers by vehicle within, or partly within, the State for hire or reward; and (ii) that is conducted according to regular routes and timetables or according to regular routes and at regular intervals; or (b) a service or other thing that the regulations provide is a regular passenger transport service. (2) In this Act, provide a regular passenger transport service means carry on the business of providing a regular passenger transport service. (3) The following are not regular passenger transport services — (a) an on‑demand passenger transport service; (b) a tourism passenger transport service; (c) a courtesy transport service; (d) a community transport service; (e) a service or other thing that the regulations provide is not a regular passenger transport service. (4) In this Act, a business of providing a regular passenger transport service — (a) includes a business of a kind that the regulations provide is a business of providing a regular passenger transport service; and (b) does not include a business of a kind that the regulations provide is not a business of providing a regular passenger transport service. 7. Tourism passenger transport service (1) In this Act, a tourism passenger transport service is — (a) a service — (i) for the transport of passengers by vehicle within, or partly within, the State for hire or reward for the purposes of tourism; and (ii) that is designed for the carriage of tourists to destinations listed on a publicly available tour itinerary; or (b) a service or other thing that the regulations provide is a tourism passenger transport service. (2) In this Act, provide a tourism passenger transport service means carry on the business of providing a tourism passenger transport service. (3) The following are not tourism passenger transport services — (a) an on‑demand passenger transport service; (b) a courtesy transport service; (c) a community transport service; (d) a service or other thing that the regulations provide is not a tourism passenger transport service. (4) In this Act, a business of providing a tourism passenger transport service — (a) includes a business of a kind that the regulations provide is a business of providing a tourism passenger transport service; and (b) does not include a business of a kind that the regulations provide is not a business of providing a tourism passenger transport service. 8. Community transport service (1) In this Act, a community transport service is a community‑based passenger transport service — (a) that is designed — (i) to benefit individuals or groups within a local community who are in need of some form of assistance; or (ii) to assist individuals or groups within a local community to participate to a greater degree in the life of the community (including the wider community); or (iii) to achieve some other form of community, charitable, educational, benevolent, religious, recreational, sporting or philanthropic purpose at the local level; and (b) that is not established, or is not principally established, with a view to profit or commercial gain. (2) In this Act, a community transport service — (a) includes — (i) a service or other thing that the regulations provide is a community transport service; and (ii) a service declared under subsection (3); and (b) does not include a service or other thing that the regulations provide is not a community transport service. (3) The CEO may declare by notice published in the Gazette that a specified service is a community transport service. 9. Courtesy transport service (1) In this Act, a courtesy transport service is a passenger transport service that — (a) is provided in connection with a service (the primary service) that is not the provision of passenger transport by vehicle; and (b) is not established, or is not principally established, with a view to profit or commercial gain; and (c) is provided as a courtesy to the customers or patrons of the primary service. (2) In this Act, a courtesy transport service — (a) includes — (i) a service or other thing that the regulations provide is a courtesy transport service; and (ii) a service declared under subsection (3); and (b) does not include a service or other thing that the regulations provide is not a courtesy transport service. (3) The CEO may declare by notice published in the Gazette that a specified service is a courtesy transport service. 10. On‑demand booking service (1) In this Act, an on‑demand booking service is — (a) a service that involves — (i) taking or facilitating bookings for on‑demand vehicles to be used in providing on‑demand passenger transport services (whether immediately or at a later time); and (ii) communicating the bookings to on‑demand drivers or to providers of on‑demand passenger transport services; or (b) a service that involves taking or facilitating bookings for on‑demand vehicles to be used in providing on‑demand passenger transport services (whether immediately or at a later time), where the person who takes or facilitates the bookings is the on‑demand driver or the provider of the on‑demand vehicle; or (c) a service that facilitates the provision of on‑demand passenger transport services including by providing any of the following services — (i) communication services for on‑demand drivers and on‑demand vehicles; (ii) controlling, co‑ordination or administrative or other services for on‑demand passenger transport services; (iii) safety management systems or regulatory compliance services for on‑demand passenger transport services, on‑demand drivers and other on‑demand booking services; or (d) a service or other thing that the regulations provide is an on‑demand booking service. (2) In this Act, provide an on‑demand booking service means carry on the business of providing an on‑demand booking service. (3) In this Act, an on‑demand booking service does not include a service or other thing that the regulations provide is not an on‑demand booking service. (4) In this Act, a business of providing an on‑demand booking service — (a) includes a business of a kind that the regulations provide is a business of providing an on‑demand booking service; and (b) does not include a business of a kind that the regulations provide is not a business of providing an on‑demand booking service. (5) For the purpose of determining whether a person provides an on‑demand booking service it does not matter — (a) that a booking is obtained or communicated remotely by means of an electronic device or other means not directly provided by the person who provides the on‑demand booking service; or (b) that the provider of the on‑demand booking service is located outside the State if the on‑demand passenger transport service is provided wholly, or partly, within the State. 11. Hire or reward (1) In this Act, a person will be considered to be providing a service for the transport of passengers by vehicle for hire or reward, or to be driving a vehicle for the purpose of transporting passengers for hire or reward — (a) if — (i) the amount received or intended to be received for transporting the passengers exceeds, or is intended to exceed, the prescribed amount; or (ii) the transport is provided or intended to be provided gratuitously, but with a view to gaining or maintaining custom or other commercial advantage; or (b) in the prescribed circumstances. (2) In this Act, the circumstances in which a person will be considered to be providing a service for the transport of passengers by vehicle for hire or reward, or to be driving a vehicle for the purpose of transporting passengers for hire or reward, include using the vehicle for standing or plying or touting for hire for that purpose. (3) In this Act, a person will not be considered to be driving a vehicle for the purpose of transporting passengers for hire or reward if — (a) the person is driving the vehicle in the course of the person's general employment; and (b) carrying passengers in that vehicle is an incidental part of the person's other employment duties. (4) In this Act, a person will not be considered to be providing a service for the transport of passengers by vehicle for hire or reward or to be driving a vehicle for the purpose of transporting passengers for hire or reward — (a) if the passengers are transported under a vehicle pooling arrangement; or (b) in the prescribed circumstances. (5) In this Act, passengers are transported under a vehicle pooling arrangement if — (a) the vehicle is provided by the driver; and (b) the driver would be undertaking the relevant journey in any event; and (c) the transporting of the passengers is not the result of plying or touting for hire by the driver or another person; and (d) the maximum number of persons in the vehicle, including the driver, is 9; and (e) a payment by a passenger is limited to making a contribution to the costs incurred in making the journey and does not involve profit for the driver or any other person. (6) Nothing in subsection (1) or (2) limits the circumstances in which a person will be considered to be — (a) providing a service for the transport of passengers by vehicle for hire or reward; or (b) driving a vehicle for the purpose of transporting passengers for hire or reward. 12. Close associate (1) In this section — relevant financial interest, in relation to an on‑demand booking service, means — (a) any share in the capital of the on‑demand booking service; or (b) any entitlement to receive any income derived from the on‑demand booking service, or to receive any other financial benefit or financial advantage from the provision of the on‑demand booking service, whether the entitlement arises at law or in equity or otherwise; or (c) any entitlement to receive any rent, profit or other income in connection with the use or occupation of premises on or from which the on‑demand booking service is or is to be provided (for example, an entitlement of the owner of the premises from which the on‑demand booking service is provided to receive rent as lessor of the premises); relevant position means — (a) the position of director, manager or corporate secretary; or (b) any other position, however designated, if it is an executive position; relevant power means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others — (a) to participate in any directorial, managerial or executive decision; or (b) to elect or appoint any person to a relevant position. (2) In this Act, a person is a close associate of an applicant for authorisation to provide an on‑demand booking service or the authorised provider of an on‑demand booking service if the person — (a) holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in the person's own right or on behalf of any other person), in relation to the on‑demand booking service, and by virtue of that interest or power is or will be able (in the opinion of the CEO) to exercise a significant influence over or in relation to the management or operation of the on‑demand booking service; or (b) holds or will hold any relevant position, whether in the person's own right or on behalf of any other person, in the on‑demand booking service; or (c) is or will be engaged as a contractor under a contract of service or employed in the on‑demand booking service. (3) For the purposes of this section, a financial institution is not a close associate by reason only of having a relevant financial interest in relation to the on‑demand booking service. (4) This section extends to relevant financial interests and relevant powers even if those interests and powers are not payable, exercisable or otherwise enforceable as a matter of law and equity but are payable, exercisable or otherwise enforceable as a matter of fact. 13. Crown bound This Act binds the State, and so far as the legislative power of the State permits, the Crown in all its other capacities. Part 2 — Safety of services Division 1 — Safety duties: principles 14. Safety duties and standards (1) In this Act, the safety duties for the following persons are the duties that they have under Division 2 — (a) providers of on‑demand booking services; (b) providers of passenger transport services; (c) providers of passenger transport vehicles; (d) officers of providers of on‑demand booking services, passenger transport services or passenger transport vehicles; (e) drivers of vehicles used for the purpose of transporting passengers for hire or reward. (2) In this Act, the safety standards for the following persons are the standards specified for those persons in the regulations made under Part 11 Division 2 — (a) providers of on‑demand booking services; (b) providers of passenger transport services; (c) providers of passenger transport vehicles; (d) drivers of vehicles used for the purpose of transporting passengers for hire or reward. 15. Principles applying to safety duties (1) A safety duty cannot be transferred to another person. (2) A person can have more than one safety duty by virtue of being in more than one class of duty holder. (3) More than one person can concurrently have 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 duty in relation to the matter; and (b) must discharge the person's duty to the extent to which the person has the capacity to influence and control the matter or would have had that capacity but for an agreement or arrangement purporting to limit or remove that capacity. Division 2 — Primary duties of care 16. Primary duty of care of providers of on‑demand booking services The provider of an on‑demand booking service for an on‑demand passenger transport service must ensure the health and safety of — (a) on‑demand drivers and other persons while they are engaged in providing the on‑demand passenger transport service; and (b) passengers and other persons in connection with the on‑demand passenger transport service. 17. Primary duty of care of providers of passenger transport services The provider of a passenger transport service must ensure the health and safety of — (a) passenger transport drivers and other persons while they are engaged in providing the passenger transport service; and (b) passengers and other persons in connection with the passenger transport service. 18. Primary duty of care of providers of passenger transport vehicles The provider of a passenger transport vehicle used or to be used in providing a passenger transport service must ensure that the vehicle is safe and will not cause harm or injury to any person. 19. Primary duty of care of drivers of vehicles used to transport passengers for hire or reward The driver of a vehicle must, while the vehicle is being used for the purpose of transporting passengers for hire or reward — (a) ensure their own health and safety; and (b) ensure that their own acts or omissions do not adversely affect the health and safety of other persons; and (c) if the vehicle is being used in providing an on‑demand passenger transport service, comply, so far as the driver is reasonably able, with any reasonable instruction that is given by the person providing the on‑demand booking service for the on-demand passenger transport service to enable that person to comply with this Act; and (d) if the vehicle is being used in providing a passenger transport service, comply, so far as the driver is reasonably able, with any reasonable instruction that is given by the person providing the passenger transport service or the passenger transport vehicle to enable that person to comply with this Act. 20. Duty of officers An officer of a person (a duty holder) that has a safety duty under section 16, 17 or 18 must ensure that the duty holder complies with that safety duty. 21. Safety duty offence: Category 1 (1) A person commits a Category 1 offence if — (a) the person has a safety duty; and (b) the person knowingly engages in conduct that breaches that duty and — (i) exposes an individual to whom that duty is owed to a risk of death or serious injury or illness; or (ii) in the case of a breach of a duty under section 20, exposes an individual to whom the duty holder under that section owes a duty to a risk of death or serious injury or illness. Penalty for this subsection: (a) for an individual, imprisonment for 2 years and a fine of $300 000; (b) for a body corporate, a fine of $3 000 000. (2) A Category 1 offence is a crime. 22. Safety duty offence: Category 2 (1) A person commits a Category 2 offence if — (a) the person has a safety duty; and (b) the person fails to comply with that safety duty and that failure — (i) exposes an individual to whom that duty is owed to a risk of death or serious injury or illness; or (ii) in the case of a breach of a duty under section 20, exposes an individual to whom the duty holder under that section owes a duty to a risk of death or serious injury or illness. Penalty for this subsection: (a) for an individual, a fine of $150 000; (b) for a body corporate, a fine of $1 500 000. (2) A Category 2 offence is a crime. 23. Safety duty offence: Category 3 A person commits a Category 3 offence if — (a) the person has a safety duty; and (b) the person fails to comply with that safety duty. Penalty: (a) for an individual, a fine of $50 000; (b) for a body corporate, a fine of $500 000. 24. Reasonable steps defence (1) It is a defence to a charge for a Category 1, Category 2 or Category 3 offence to prove that — (a) the person did not know and could not reasonably be expected to have known that an offence was committed; and (b) either — (i) the person took all reasonable steps to prevent the breach of the safety duty; or (ii) there were no steps the person could reasonably have taken to prevent the breach of the safety duty. (2) Without limiting subsection (1), in determining whether things done or omitted to be done by a person constitute reasonable steps, a court may have regard to the following — (a) the circumstances of the alleged offence; (b) the measures available and the measures taken to eliminate or minimise the risk of death or serious injury or illness of persons to whom the safety duty was owed; (c) the personal expertise or experience that the person or an employee or agent of the person had or ought to have had. 25. Conviction of alternative offence (1) If a person is charged with a Category 1 offence, the person may be convicted of a Category 2 or Category 3 offence. (2) If a person is charged with a Category 2 offence, the person may be convicted of a Category 3 offence. Part 3 — On‑demand booking services Division 1 — Interpretation 26. Term used: disqualification offence In this Part — disqualification offence means an offence under any of the following that is prescribed as a disqualification offence for the purposes of this Part — (a) this Act or another written law; (b) a law of the Commonwealth; (c) a law of another State or a Territory. Division 2 — Offences 27. Provider of on‑demand booking service must be authorised (1) A person commits an offence if — (a) the person provides an on‑demand booking service; and (b) the person does not hold an on‑demand booking service authorisation that is in force and authorises the provision of that service. Penalty for this subsection: (a) for an individual, a fine of $40 000; (b) for a body corporate, a fine of $200 000. (2) A provider of an on‑demand booking service is not required to hold an on‑demand booking service authorisation to provide the service if the provider has an association arrangement with the provider of an authorised on‑demand booking service in relation to that service. (3) The provider of an authorised on‑demand booking service who has entered into an association arrangement is responsible under this Act for the prescribed functions in relation to on‑demand booking services provided by the provider of the associated booking service in accordance with the association arrangement. 28. Provider of on‑demand booking service must comply with authorisation conditions A provider of an on‑demand booking service must comply with the conditions of the on‑demand booking service authorisation for that service. Penalty: (a) for an individual, a fine of $40 000; (b) for a body corporate, a fine of $200 000. Division 3 — Authorisation 29. Application for authorisation to provide an on‑demand booking service (1) The following may apply for authorisation to provide an on‑demand booking service — (a) an individual; (b) 2 or more persons who intend to provide the service jointly under a partnership or other agreement; (c) a body corporate incorporated under a law of this or any other jurisdiction including — (i) the Corporations Act 2001 (Commonwealth); and (ii) the Associations Incorporation Act 2015; and (iii) the Co‑operatives Act 2009; (d) any other prescribed entity. (2) A person who is disqualified under this Part from holding or obtaining an on‑demand booking service authorisation cannot apply for an on‑demand booking service authorisation. (3) An application for authorisation is to be made to the CEO. (4) An application must — (a) be in the approved form; and (b) contain the information required by the CEO; and (c) nominate one or more persons who meet the criteria set out in section 30 to represent the applicant in providing the on‑demand booking service; and (d) be accompanied by a declaration in the approved form — (i) stating that the authorisations referred to in section 30(b) and (c) have been given; and (ii) acknowledging that documents given to a responsible officer on behalf of the provider of the on‑demand booking service under this Act are taken to be given to the provider of the service; and (e) comply with the requirements of the regulations; and (f) be accompanied by the prescribed application fee. (5) At least one person nominated under subsection (4)(c) must be a resident of the State. (6) At least one person nominated under subsection (4)(c) in relation to a provider that is a body corporate must be a director or manager of the body corporate. (7) The CEO may, by written notice given to the applicant, require the applicant to provide further information relevant to the application that is specified in the notice within the time (being not less than 30 days) specified in the notice. 30. Responsible officers In order to be nominated under section 29(4)(c) or the regulations to represent the provider of an on‑demand booking service in providing that service, a person must — (a) be directly involved in the day-to-day management of the on‑demand booking service; and (b) be authorised to represent the provider of the on‑demand booking service in providing that service; and (c) have access to and be authorised to provide any information relating to the on‑demand booking service that is required under this Act; and (d) be a fit and proper person to be a responsible officer; and (e) have the capacity, on behalf of the provider of the on‑demand booking service, to influence the safety of drivers who provide, and vehicles used in providing, the on‑demand passenger transport services to which the on‑demand booking service relates; and (f) meet any prescribed requirements. 31. Grant of authorisation (1) The CEO may grant an authorisation to an applicant to provide an on‑demand booking service if the CEO is satisfied that — (a) each person nominated as a responsible officer by the applicant is a responsible officer of the applicant; and (b) the applicant has complied with the requirements of section 29(4)(a) to (e) and provided the information required under section 29(7); and (c) the applicant complies with any prescribed criteria; and (d) the applicant has paid the prescribed application fee under section 29(4)(f); and (e) the applicant has paid the relevant prescribed authorisation fee for the authorisation within the time for payment required by the CEO. (2) The CEO may have regard to any relevant matters in determining whether a person nominated by an applicant is a responsible officer. 32. Refusal of authorisation (1) Without limiting section 31(1), the CEO may refuse to grant an on‑demand booking service authorisation if — (a) the CEO is satisfied that the applicant is not a fit and proper person to be authorised to provide an on‑demand booking service; or (b) the applicant has previously held an on‑demand booking service authorisation, or an equivalent authorisation in another State or a Territory, and that authorisation has been cancelled; or (c) a person nominated as a responsible officer by the applicant has previously held an on‑demand booking service authorisation, or an equivalent authorisation in another State or a Territory, and that authorisation has been cancelled; or (d) a close associate of the applicant has previously held an on‑demand booking service authorisation, or an equivalent authorisation in another State or a Territory, and that authorisation has been cancelled; or (e) the applicant, a close associate of the applicant, or a person nominated as a responsible officer by the applicant, is charged with a disqualification offence; or (f) a close associate of the applicant has been convicted of a disqualification offence. (2) The CEO must refuse to grant an authorisation if — (a) the applicant or a person nominated as a responsible officer by the applicant has been convicted of a disqualification offence; and (b) the conviction has not been quashed or set aside; and (c) the disqualification period prescribed for the purposes of section 46(1) in relation to the disqualification offence has not passed since the conviction. (3) The CEO may have regard to any relevant matters in determining whether an applicant is a fit and proper person to be authorised to provide an on‑demand booking service. 33. Conditions of authorisation An on‑demand booking service authorisation is granted subject to the following conditions — (a) any conditions imposed under this Act; (b) any conditions that the CEO thinks fit and specifies on the authorisation document or otherwise specifies in writing. 34. Application for variation of conditions (1) The provider of an authorised on‑demand booking service may apply to the CEO for the variation of the conditions of the on‑demand booking service authorisation imposed by the CEO. (2) The application must — (a) be in the approved form; and (b) be accompanied by any documents or other information specified in the approved form; and (c) be accompanied by the prescribed application fee. 35. Variation of conditions (1) The CEO may vary the conditions of an on‑demand booking service authorisation imposed by the CEO if the CEO is satisfied that the variation is appropriate in the circumstances. (2) A variation may be made on application under section 34 or on the CEO's own initiative. (3) A variation — (a) must be in writing; and (b) may do any of the following — (i) vary existing conditions; (ii) remove existing conditions; (iii) add new conditions. 36. Notice of decision to refuse or vary (1) The CEO must give an applicant written notice of a decision under section 31 or 32 to refuse to grant an on‑demand booking service authorisation. (2) The CEO must give the provider of an authorised on‑demand booking service written notice of a decision — (a) to refuse to grant an application under section 34 for the variation of the conditions of the on‑demand booking service authorisation; or (b) to vary the conditions of the on‑demand booking service authorisation under section 35. (3) In the case of a relevant decision the notice must state — (a) the reasons for the decision; and (b) that the person has a right to a review under Part 10. (4) In subsection (3) — relevant decision means a decision — (a) to refuse to grant an on‑demand booking service authorisation — (i) because the CEO is not satisfied as to a matter referred to in section 31(1)(a), (b) or (c); or (ii) under section 32(1); or (b) to impose conditions on an on‑demand booking service authorisation under section 33(b); or (c) to vary the conditions of an on‑demand booking service authorisation on the CEO's own initiative; or (d) to refuse to grant an application for the variation of the conditions of an on‑demand booking service authorisation. 37. Authorisation document (1) If the CEO grants an on‑demand booking service authorisation, the CEO must issue an authorisation document to the provider of the service. (2) The authorisation document must — (a) be in the approved form; and (b) identify the provider of the authorised on‑demand booking service; and (c) specify the authorisation number. 38. Effect of authorisation An on‑demand booking service authorisation authorises the provider to provide an on‑demand booking service anywhere in the State. 39. Duration of authorisation (1) An on‑demand booking service authorisation is granted for the prescribed period. (2) An on‑demand booking service authorisation may be renewed in accordance with the regulations. (3) An on‑demand booking service authorisation remains in force until whichever of the following occurs first — (a) it expires; (b) it is cancelled. (4) An on‑demand booking service authorisation is not in force during any period for which it is suspended. Note for this subsection: See Division 4 for the suspension of an on‑demand booking service authorisation. 40. Authorisation not transferable An on-demand booking service authorisation is not transferable. 41. Publication of list of providers of authorised on‑demand booking services The CEO must publish a list of all providers of authorised on‑demand booking services on the Department's website in accordance with the regulations. Division 4 — Suspension, cancellation and disqualification Subdivision 1 — Suspension or cancellation by order 42. Suspension or cancellation order (1) The CEO may make an order suspending or cancelling an on‑demand booking service authorisation if — (a) the CEO is no longer satisfied that the provider of the authorised on‑demand booking service meets the requirements for the grant of an authorisation in section 31(1)(a) or (c); or (b) the provider of the authorised on‑demand booking service has failed to comply with any requirements under this Act, including — (i) a condition of the authorisation; and (ii) any duty or obligation imposed on the provider under this Act; or (c) the authorisation was obtained by fraud or misrepresentation; or (d) the CEO is no longer satisfied that the provider of the authorised on‑demand booking service is a fit and proper person to be authorised to provide an on‑demand booking service; or (e) the CEO is no longer satisfied that a responsible officer of the provider of the authorised on‑demand booking service is a fit and proper person to be a responsible officer; or (f) the provider of the authorised on‑demand booking service has failed to — (i) lodge a return with the CEO in accordance with section 250; or (ii) pay the on‑demand passenger transport levy in accordance with Part 9 Division 2; or (g) a responsible officer of the provider of the authorised on‑demand booking service has held an on‑demand booking service authorisation (whether for the same or a different service), or an equivalent authorisation in another State or a Territory, and that authorisation has been cancelled; or (h) a close associate of the provider of the authorised on‑demand booking service has held an on‑demand booking service authorisation (whether for the same or a different service), or an equivalent authorisation in another State or a Territory, and that authorisation has been cancelled. (2) A suspension order made under subsection (1)(a), (b), (d), (e) or (f) may include a requirement that the provider of the on‑demand booking service undertake remedial action. (3) The CEO may, by written notice given to the provider of the on‑demand booking service, vary or waive a requirement imposed under subsection (2). 43. Suspension or cancellation order for disqualification offence