Australian Capital Territory
Road Transport (Public Passenger Services) (Defined Rights Conditions) Determination 2008 (No 2)
Disallowable instrument DI2008–61
made under the  
Road Transport (Public Passenger Services) Regulation 2002, section 84M (Defined rights conditions)

1.	Name of instrument
This instrument is the Road Transport (Public Passenger Services) (Defined Rights Conditions) Determination 2008 (No 2).
2.	Commencement 
This instrument commences on the day after notification.
3.	Approval
	I determine that the conditions contained in Schedule 1 are the defined rights conditions for a ballot of defined rights for conditional non-transferrable taxi licences to be held on 27 May 2008.

Michael John Zissler
Road Transport Authority
15 April 2008

SCHEDULE 1

DEFINED RIGHTS CONDITIONS
FOR CONDITIONAL NON-TRANSFERABLE LEASED TAXI LICENCES 

1.	Unless otherwise approved by the Road Transport Authority (the Authority) under clauses 4 and 5, a defined right for a conditional non-transferable leased taxi licence to a person in a ballot of defined rights ends 120 days after the day of the ballot.

2.	Unless otherwise approved by the Authority under clauses 4 and 5, a defined right for a conditional non-transferable leased taxi licence offered to a person on a reserve list of ballot entrants ends 120 days after the day the person accepts the offer of the defined right.

3.	A person who is the holder of a defined right pursuant to clause 1 or 2, may apply to the Authority for an extension of the relevant defined right period on the following terms:

(a)	the application must:

(i)	be in writing,
(ii)	be received by the Authority prior to the expiration of the relevant defined period referred to in clause 1 and 2 (as applicable), and
(iii)	specify the additional period of time (not exceeding 60 days from the date of the application) sought by the applicant and the reasons for the specified period of time; and

(b)	the application must include evidence of the applicant’s having substantially commenced and progressed the following:

(i)	the process of becoming accredited to operate a conditional non-transferable leased taxi service, and
(ii)	obtaining and fitting out a vehicle in accordance with the vehicle standards for taxis under the Road Transport (Vehicle Registration) Regulation 2000.

4.	The Authority may approve an application for an extended defined right if the Authority believes, on reasonable grounds, that the person intends to operate a vehicle under a conditional non-transferable leased taxi licence and the additional time 
is necessary to enable the holder of the defined right to:

(a)	complete the process of becoming accredited to operate a taxi service, and/or	

(b)	obtain and fit out a vehicle in accordance with the vehicle standards for taxis under the Road Transport (Vehicle Registration) Regulation 2000.

5.	If the Authority approves an application to extend the defined right period:

(a)	it will notify the applicant as to  the extended defined right period, 

(b)	the approval will specify the date on which the extended defined      right ends, and

(c)	the applicant must pay the determined fee for the issue of the extended defined right period.

6.	A person who is the holder of a defined right must, before the day the defined right period or extended defined right period, if applicable, ends:

(a)	apply to the Authority to be issued with a conditional non-transferable taxi licence; and

(b)	either:

(i)	pay the determined annual fee for a conditional non-transferable taxi, or
(ii)	if paying the annual fee in quarterly instalments, pay the first instalment.

Notes
i.	Under the Road Transport (General) Public Passenger Service Licence and Accreditation Fees Determination 2008 (1) the fee for the issue of an extension of defined right period is $500.
ii.	Under the Road Transport (General) Public Passenger Service Licence and Accreditation Fees Determination 2008 (1) if a holder of an extended defined right is issued with a non-transferable leased taxi licence before the extended defined right ends, the determined fee for the issue of an extension of defined right period must be refunded to the person.  If the holder of an extended defined right is not issued with a non-transferable leased taxi licence before the extended defined right period ends, the determined fee for the issue of an extension of defined right period is not refundable to the person.