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House of Assembly - Fifty-Fifth Parliament, First Session (55-1)
2025-02-05 Daily Xml
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Passenger Transport (Point to Point Transport Services) Amendment Bill

Introduction and First Reading

The Hon. A. KOUTSANTONIS (West Torrens—Minister for Infrastructure and Transport, Minister for Energy and Mining) (16:01): Obtained leave and introduced a bill for an act to amend the Passenger Transport Act 1994. Read a first time.

Second Reading

The Hon. A. KOUTSANTONIS (West Torrens—Minister for Infrastructure and Transport, Minister for Energy and Mining) (16:01): I move:

That this bill be now read a second time.

I seek leave to have the second reading speech and explanation of clauses inserted in Hansard without my reading them.

Leave granted.

I rise to introduce the Passenger Transport (Point to Point Transport Services) Amendment Bill 2025. The Bill amends the Passenger Transport Act 1994 (the Act) to implement recommendations arising out of the Government's commitment to review the Act and reform the point to point passenger transport industry (taxi, chauffeur and rideshare). The Bill also seeks to implement elements of the Taxi Industry Support Package, approved as part of the State Budget 2024-25.

On 30 August 2024, the Government released the review which made 29 recommendations informed by feedback from industry, customers and key stakeholders. The review provides a framework for broad and enduring change designed to make services safer and more reliable, while supporting a more sustainable industry.

Change is much needed. There is no doubt this is a sector that is experiencing significant challenges. From safety concerns, fraudulent behaviour, and industry participants subject to differing requirements. This review, and the Bill here today before you, aims to build a framework to overcome these concerns.

The Bill removes the limit on the number of taxis that can operate and delivers on the taxi industry support. We have heard from all taxi stakeholders about the devastating impact of changes to the industry since the introduction of rideshare. This Bill removes the requirement for a perpetual licence to operate a taxi, removing the barrier to entry, and introduces an uncapped annual licence regime. The Bill also provides for the State Government to deliver compensation to the taxi industry, with the eligible licence holders to receive $200 000 for the first metropolitan taxi licence held, and $10 000 for each subsequent licence up to a total of six licences. In addition, anyone who is not eligible and has their perpetual licence cancelled will receive $10 000 compensation. Access taxi licence holders will receive $100 000 for their first licence and $10 000 for each subsequent licence.

This will be in part funded by an increase in the point-to-point transport service transaction levy (the levy). The levy was introduced after the introduction of rideshare in 2017, to help fund assistance packages to metropolitan taxi licence holders and lessees to help them transition to a new regulatory model following the introduction of rideshare. The $1 levy also funds reduced or waived annual fees for all passenger transport services, and to support other industry initiatives such as additional compliance officers and a lifting fee for people with disabilities who use a wheelchair or large mobility device and travel in an accessible taxi. At this time, the levy was $1, this Bill enables the levy to be set by regulation to enable indexation increases to occur as required. The levy will be increased to $2.

The Bill also strengthens the collection arrangements for the levy.

The Bill introduces a simpler accreditation model which reduces unnecessary complexity and enables more effective regulation of current and emerging business models. Introducing three accreditation types: Booking Service Providers, General Passenger Transport Service Providers, and Passenger Transport Drivers. A Booking Service is a point to point transport service where requests are made by members of the public and assigned to a driver or vehicle. General Passenger Transport Service Providers preserves the status quo for public transport and will apply to services that require accreditation but should not be required to meet the same obligations as Booking Service Providers, including payment of the levy. Driver accreditation broadly continues as it currently operates.

Vehicles will need to be authorised under the new framework to provide a passenger transport service. To hold vehicle authorisation the vehicle will need to meet prescribed standards, including vehicle identification and safety requirements.

The Bill strengthens compliance and enforcement regimes, introducing new offences and automatic suspension and cancellation of accreditation in prescribed circumstances. For example, a driver will automatically have their Passenger Transport Driver accreditation suspended if they do not have a current driver's licence. Additionally, the Bill provides that a person's accreditation will be cancelled if they have committed a prescribed offence, have breached the general safety duty or no longer meet the requirements to hold that type of accreditation.

The Bill enhances safety for drivers and passengers by introducing a general safety duty with similar principles to the Work Health and Safety Act 2012, and the Heavy Vehicle National Law (South Australia). This introduces a legal requirement to eliminate or minimise the risk of incidents involving death, injury or damage, and to encourage the development, maintenance, and continuous improvement of work safety practices. This duty will apply to those within the chain of responsibility for providing a passenger transport service, other than public transport, including the service provider, the driver, and holder of vehicle authorisation.

The Bill also implements a number of the review recommendations, with others to be implemented via future regulation changes. The Bill includes provisions to:

Enable the Minister to prescribe passenger transport vehicle standards and fleet standards.

Enable two separate metropolitan boundaries for point to point and public transport services to ensure they can be individually adjusted to respond to community needs over time.

Establish a stronger compliance and audit framework, with Authorised Officers having clearer compliance and investigation powers, enabling swift action to be taken for expiable offences such as non-taxi point-to-point vehicles running a meter or stopping in a taxi rank. The Bill will also allow for audits to assess compliance with obligations under the Act, including correct payment of the levy.

Replace the current Passenger Transport Standards Committee with a new decision making and disciplinary review mechanism, being Ministerial discretion, internal review mechanisms and appeals to the South Australian Civil and Administrative Tribunal, rather than the District Court.

Provide greater customer protection from price gouging by prohibiting surge pricing or a queue-jumping fee in prescribed circumstances. Currently, rideshare operators have the ability to charge 'surge priced' fares according to supply and demand. The prohibition is to prohibit price gouging when a declared emergency occurs, for example as occurred in Sydney at the occurrence of the Lindt Café Siege. The introduction of this prohibition aligns with a number of other jurisdictions.

Insert new data and information exchange provisions to assist compliance, with the Minister to determine arrangements for sharing prescribed information.

This reform seeks to improve how the point-to-point industry is regulated, with fundamental changes to address the situation for taxi licence holders and to improve service availability. The reform also seeks to increase safety and recognise that many of these safety issues are common to both taxis and rideshare vehicles. Consumer protection issues and fraudulent behaviour will also be addressed.

I commend the Bill to the House.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

These clauses are formal.

Part 2—Amendment of Passenger Transport Act 1994

3—Amendment of section 3—Objects

This clause amends the objectives of the Act to include updated terminology used throughout, and to remove reference to the public sector.

4—Amendment of section 4—Interpretation

This clause removes various definitions no longer used in the Act, and inserts various definitions consequential on the amendments being made by this measure.

5—Amendment of section 5—Application of Act

The clause amends sections 5(2) and 5(4) to allow the Minister to confer or revoke an exemption and vary or revoke conditions of an exemption by instrument in writing.

6—Amendment of section 20—Functions of Minister under Act

This clause amends the functions of the Minister consequential to changes being made by this measure.

7—Amendment of section 22—Powers of Minister

This clause substitutes reference to a taxi-stand for reference to a taxi zone.

8—Amendment of section 24A—Annual report

This clause deletes the paragraph requiring the annual report to include a specific report on taxi availability at taxi-stands and response times to bookings.

9—Amendment of heading to Part 4

This clause makes a consequential change to the heading to Part 4.

10—Substitution of Part 4 Divisions 1, 2 and 3

This clause substitutes new Divisions 1 and 2 as follows:

Division 1—Accreditations

27—Minister may grant accreditation to booking service providers

Proposed section 27 provides that the Minister may grant a booking service accreditation to a person who provides a booking service, and details the purpose of such an accreditation including compliance with various standards prescribed by the regulations or determined by the Minister.

28—Minister may grant accreditation to general passenger transport service providers

Proposed section 28 provides that the Minister may grant a general passenger transport service accreditation to a person who provides a general passenger transport service, and details the purpose of such an accreditation including compliance with various standards prescribed by the regulations or determined by the Minister. Such an accreditation must specify the services or kinds of services in respect of which it is granted.

29—Minister may grant accreditation to passenger transport drivers

Proposed section 29 provides that the Minister may grant a passenger transport driver accreditation to a person, and details the purpose of such an accreditation including compliance with various standards prescribed by the regulations or determined by the Minister.

Division 2—Offences relating to accreditations

29A—Booking service providers

Proposed section 29A makes it an offence to provide a booking service unless the person holds a booking service provider accreditation granted by the Minister under section 27 which applies in respect of the booking service provided.

29B—General passenger transport service providers

Proposed section 29B makes it an offence to provide a general passenger transport service unless the person holds a general passenger transport service provider accreditation granted by the Minister under section 28 which applies in respect of the general passenger transport service provided.

29C—Drivers

Proposed section 29C makes it an offence to drive a public passenger vehicle for the purposes of a passenger transport service unless the person holds a passenger transport driver accreditation granted by the Minister under section 29 which applies in respect of the passenger transport service provided.

29D—Passenger transport service must be linked to booking service or general passenger transport service

Proposed section 29D makes it an offence to drive a public passenger vehicle for the purposes of a passenger transport service unless linked to an accredited booking service provider or general passenger transport service provider. It also makes it an offence not keep records of each point to point transport service journey in accordance with the regulations.

11—Amendment of section 30—Procedure

This clause amends language to include reference to the right of review introduced under proposed section 37A.

12—Amendment of section 31—Conditions

This clause, in addition to a minor language update, introduces a new subsection (6a) which imposes additional conditions on a booking service accreditation under section 27 relating to use of information sharing systems or other technological systems specified by the Minister.

13—Amendment of section 32—Duration and categories of accreditation

This clause clarifies language used in subsection (4) to better reflect the provisions of subsection (3), which allows for classes of accreditations within each form of accreditation.

14—Insertion of section 32A

This clause inserts a new section 32A:

32A—Automatic cancellation of accreditation in certain circumstances

Proposed section 32A provides for automatic cancellation of accreditation in certain circumstances including an offence against sections 44K or 44O.

15—Amendment of section 34—Renewals

This clause removes the requirement for a renewal application to be made within a prescribed number of days before the expiry of the accreditation.

16—Amendment of section 35—Related matters

This clause updates language for consistency within the Act.

17—Insertion of Part 4 Division 4A

This clause inserts a new Division 4A:

Division 4A—Public passenger vehicle authorisations

35A—Preliminary

Proposed section 35A provides definitions relevant to the Division.

35B—Minister may grant authorisation

Proposed section 35B provides that the Minister may, on application by the relevant person for a vehicle, grant a public passenger vehicle authorisation in respect of a vehicle or fleet of vehicles, and that the Minister may determine and publish standards for determining this authorisation. Use of a vehicle as a public passenger vehicle without applicable authorisation is made an offence.

35C—Procedure

Proposed section 35C establishes procedure in relation to an application for authorisation.

35D—Automatic suspension or cancellation of authorisation in certain circumstances

Proposed section 35D provides for automatic cancellation of authorisation in certain circumstances including an offence against sections 44K or 44O.

35E—Inspections

This provision is relocated from section 54 (to be repealed by clause 39 of the measure) and requires that a vehicle be inspected by an approved vehicle inspector, and provides for circumstances in which a certificate of inspection may be issued. It makes it an offence to use vehicle as a public passenger vehicle without a certificate or to violate the condition of a certificate. It is also makes it an offence for a vehicle inspector to contravene a code of practice.

35F—Requirements and standards

Proposed section 35F provides that passenger transport vehicle standards, passenger transport fleet standards, prescribed requirements and standards for the purposes of section 35E must be widely published and made reasonably available to interested persons.

18—Repeal of section 35A

This clause repeals the current section 35A (under which the Minister is required to establish the Passenger Transport Standards Committee).

19—Amendment of section 36—Disciplinary powers

This clause includes several updates to language consequential on the amendments being made by this measure. Several of these changes are reflective of the inclusion of public passenger vehicle authorisations.

20—Amendment of section 37—Related matters

This clause removes all references to the standards committee and replaces them with references to the Minister.

21—Amendment of heading to Part 4 Division 6

This clause makes a consequential change to the heading to Part 4 Division 6.

22—Insertion of section 37A

This clause inserts a new section 37A:

37A—Review by Minister

Proposed section 37A provides for Ministerial review of certain decisions under Part 4 of the principal Act.

23—Amendment of section 38—Appeals

This clause amends subsection (1) to provide for SACAT review following a Ministerial review under proposed section 37A, and removes references to the standards committee.

24—Amendment of section 39—Service contracts

This clause replaces a reference to Metropolitan Adelaide with a reference to the Metropolitan Regular Passenger Service Area.

25—Amendment of section 40—Nature of contracts

This clause replaces references to Metropolitan Adelaide with references to the Metropolitan Regular Passenger Service Area.

26—Amendment of section 44A—Interpretation

This clause replaces a reference to Metropolitan Adelaide with a reference to the Metropolitan Regular Passenger Service Area.

27—Insertion of Part 5B

This clause inserts a new part 5B:

Part 5B—General safety duty and audits

Division 1—Preliminary

44F—Interpretation

Proposed section 44F provides definitions relevant to the Division.

44G—Relationship with other laws

Proposed section 44G addresses scenarios in which this Part and a provision of another safety law deal with the same thing, and provides that evidence of a contravention of this Part is admissible in a proceeding for an offence against a provision of another safety law.

Division 2—Principles and duties

44H—Principle of shared responsibility

Proposed section 44H establishes that the safety of activities associated with providing a point to point transport service or general passenger transport service is the shared responsibility of each person in the chain of responsibility, and provides factors for determining the nature of a person's responsibility.

44I—Principles applying to duties

Proposed section 44I establishes several principles relating to general safety duties.

44J—General safety duty

Proposed section 44J imposes a duty on each person in the chain of responsibility to ensure, so far as is reasonably practicable, the safety of the person's activities. It is made an offence for an officer of a corporation to fail to exercise due diligence to ensure compliance with the duty.

44K—Failure to comply with duty

Proposed section 44K provides for various offences relating to a failure to comply with the duty.

44L—Regulation may impose other duties or requirements

Proposed section 44L enables the regulations to impose other duties or requirements on a person in the chain of responsibility.

Division 3—Audits

44M—Purpose of Division

Proposed section 44M establishes that the purpose of the Division is to allow the Minister to carry out audits for purposes of assessing compliance and verifying information.

44N—Audit notice

Proposed section 44N enables the Minister to supply a written audit notice to a person in the chain of responsibility. Failure to comply with an audit notice is made an offence. The Minister is also required to provide a report to the subject of the audit following its completion.

44O—Direction to comply

Proposed section 44O enables the Minister to give a person whose activities were audited, and found not to have complied with transport legislation, a written direction to comply. Contravention of such a direction (without reasonable excuse) is made an offence.

28—Amendment of section 45—Requirement for licence

This clause makes some minor amendments to language, removes one of the exemption requirements under subsection (2) and provides that regulations may make provision in relation to the meaning of 'ply for hire'.

29—Amendment of section 46—Applications for licences or renewals

This clause inserts a subsection that allows the Minister to determine that renewal of a licence will be automatic on payment of the prescribed fee.

30—Amendment of section 47—Issue and term of licences

This clause amends section 47 to implement several changes to the taxi licencing scheme which allow for the transition to a model based around the renewal of licences on a 12 month basis. A licence now continues in force for 12 months from the day on which it is granted or, in the case of a renewal of a licence, 12 months after the expiry of the term of the previous licence. The section no longer provides for the grant of temporary licence or the transfer of a licence.

31—Substitution of section 49

This clause substitutes section 49:

49—Cancellation of licence at request of licensee

Proposed section 49 provides for cancellation of licences at the request of a licensee. Transfer of a licence is no longer possible under the amended section 47.

32—Substitution of section 51

This clause substitutes section 51:

51—Reviews and appeals

Proposed section 51 provides for Ministerial review of certain decisions relating to licences under Part 6 of the principal Act. A person aggrieved with a decision of the Minister may appeal to SACAT.

33—Insertion of sections 52AA and 52AB

This clause inserts a new section 52AA and 52AB:

52AA—No compensation

Proposed section 52AA establishes that no action lies against the State in relation to licences impacted by the measure.

52AB—Scheme for buy-back or cancellation of perpetual licences

Proposed section 52AB establishes that a licence in force immediately before the commencement of this section continues to have effect as if it were a licence under this Part (subject to any modifications or conditions in a prescribed scheme). The Minister may, in accordance with a prescribed scheme, cancel any such licence. This allows for the implementation of a government buy-back or cancellation of taxi licences.

34—Amendment of heading to Part 6A

This clause makes a consequential amendment to the heading to Part 6A.

35—Amendment of section 52B—Non-cash payment surcharges

This clause makes a consequential amendment to the section.

36—Amendment of section 52C—Overcharging for non-cash payment surcharge

This clause makes a consequential amendment to the section.

37—Insertion of section 52D and 52E

This clause inserts a new section 52D and 52E:

52D—Maximum fares for taxis

Proposed section 52D allows the regulations to prescribe maximum fares or methods of fare calculation, as well as maximums or methods of calculation for any component of a fare for taxi services. The regulations may also provide for amounts that can be charged in addition to the fare.

52E—Certain fares and charges prohibited in prescribed circumstances

Proposed section 52E makes it an offence for a booking service provider or passenger transport driver to charge a fare calculated by reference to an element of surge pricing, or which includes a queue-jumping fee, for the provision of a point to point transport service in prescribed circumstances. The terms queue-jumping fee and surge pricing are defined.

38—Amendment of section 53—Authorised officers

This clause clarifies the powers of authorised officers primarily in regard to the collection of information and entry onto premises.

39—Substitution of section 54

This clause substitutes section 54 and inserts a new section 54A:

54—Confidentiality

Proposed section 54 makes it an offence to divulge or communicate information obtained in the administration of this Act except under certain circumstances, or to use information disclosed for such a purpose for another purpose.

54A—Arrangements for exchange of information etc

Proposed section 54A provides for disclosure of information obtained under this Act to the Commissioner of Police or a prescribed person or body. It also provides for information sharing agreements with a Minister, accredited booking service provider or accredited general passenger transport service provider.

40—Substitution of section 58

This clause substitutes section 58:

58—Liability of passenger transport service providers for acts or omissions of employees or agents

Proposed clause 58 clarifies liability for an act or omission of an employee or agent of a person who provides a passenger transport service, using language consistent with the rest of the act.

41—Substitution of sections 62

This clause substitutes section 62:

62—Recovery of debts

Proposed section 62 establishes that a relevant debt amount includes interest, penalty amounts and overpayments. Such a relevant debt is recoverable by the Minister as a debt due to the Crown.

42—Repeal of section 63

This clause deletes section 63.

43—Amendment of section 64—Regulations

This clause allows the regulations to make provisions of a saving or transitional nature consequent on the enactment of the Passenger Transport (Point to Point Transport Services) Amendment Act 2025. It also removes mention of the Liquor Licensing Act 1985 and provides for the prescription of fees thorough by fee notices.

44—Amendment of Schedule 1—Regulations

This clause expands and clarifies the scope of matters which the regulations may make provisions in regard to, using language consistent with the rest of the act.

45—Amendment of Schedule 2—Point to point transport service transaction levy

This clause makes several changes to the point to point transport service transaction levy. These include changing the $1 levy to a prescribed amount, updates to language, and changes necessitated by alterations to other schemes in the Act.

Schedule 1—Statute law revision amendment of Passenger Transport Act 1994

This Schedule increases penalties and removes gendered language.

Schedule 2—Savings and transitional provisions

1—Interpretation

This clause inserts a definitions for the term principal Act as used in the savings and transitional provisions.

2—Accreditations to continue

This clause provides for the continuation of accreditations under sections 27, 28 and 29 of the principal Act in force immediately before the commencement of section 10 of the measure.

3—Inspections

This clause provides for the continuation of accreditations as an approved vehicle inspector under section 54 of the principal Act in force immediately before commencement of section 39 of the measure. In addition, certificates of inspection issued in respect of a vehicle and in force before commencement will also continue and the relevant person for such a vehicle is taken to have been granted a public passenger vehicle authorisation.

4—Effect of Schedule

This clause is a power to make savings and transitional regulations that may apply in addition to, or in substitution for, the savings and transitional provisions in the Schedule.

Debate adjourned on motion of Mr Pederick.

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