Australian Capital Territory

Road Transport (Public Passenger Services) Standard and Wheelchair Taxi Licence— Additional Eligibility Criteria Determination 2016 (No 1)
Notifiable Instrument NI 2016–413
made under the 
Road Transport (Public Passenger Services) Regulation 2002, section 92C (Standard and wheelchair licences–decision on application)

1	Name of instrument
This instrument is the Road Transport (Public Passenger Services) Standard and Wheelchair Taxi Licence—Additional Eligibility Criteria Determination 2016 (No 1).
2	Commencement
This instrument commences on 1 August 2016.
3	Availability of taxi licences
I determine the eligibility criteria for the road transport authority to issue a taxi licence under section 92C(3) of the Road Transport (Public Passenger Services) Regulation 2002 (the Regulation) as outlined at Schedule 1.

Kerry Bell
Delegate 
Road Transport Authority, Access Canberra
29 July 2016

SCHEDULE 1
ADDITIONAL ELIGIBILITY CRITERIA
(1)	In addition to matters specified in section 92C of the Regulation, the Road Transport Authority must be satisfied that:
(a) 	when issued with one (1) taxi licence, the applicant (the principal) and related parties are not issued with a further licence until such time as other pre-approved applicants (at the time the taxi licence is issued to the principal) are issued or refused a taxi licence or their pre-approvals expire or are withdrawn;
(b) 	the applicant and related parties:
(i)  	have not, together, been issued with more than 5 taxi licences in the preceding 12 months;
(ii)  	 do not, together, hold or operate a total of more than 25 taxi licences.
(2)	In this schedule related parties means:
(a) 	family members of the applicant;
(b) 	close associates of the applicant
(c) 	if the applicant is a corporation – influential people for the applicant.
Note: Family member, close associate and influential person – see (3).
(3)	In this schedule: 

business includes— 

(a) 	a business not carried on for profit; and 

(b) 	 a trade or profession. 

close associate—a person is a close associate of someone (the related person) if—
 
(a)	the person holds or will hold an executive position (however described) in the related person’s business; or 

(b)	the road transport authority is satisfied that the person is or will be able to exercise a significant influence in relation to the conduct of the related person’s business because the person holds or will hold a financial interest, or is entitled to exercise a relevant power, in the business. 

executive position—a position (however described) in the related person’s business is an executive position if the holder of the position is concerned with, or takes part in, the management of the business. 

exercise a power includes exercise the power on behalf of someone else. 

family member, of an applicant, means:

(a) 	 a parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child of the member or their spouse;
(b) 	a spouse of any individual specified above.

financial interest, in a business, means— 

(a) 	a share in the capital of the business; or 
(b) 	an entitlement to receive income derived from the business, however the entitlement arises. 

hold a position includes hold the position on behalf of someone else. 

influential person, for a corporation, means any of the following: 

(a) 	an executive officer of the corporation; 
(b) 	a person who may exercise a relevant power in relation to the corporation; 
(c) 	a related corporation; 
(d) 	an executive officer of a related corporation. 

power means a power exercisable— 

(a) 	by voting or otherwise; and 
(b) 	alone or with others. 

related corporation means a related body corporate under the Corporations Act. 

relevant power, for a business or corporation, means a power— 

(a) 	to take part in a directorial, managerial or executive decision for the business or corporation; or 
(b) 	to elect or appoint a person as an executive officer in the business or corporation; or 
(c) 	for a corporation—to exercise a significant influence in relation to the conduct of the corporation.