The power conferred by reg 6(1)(d) of the Transport (Taxi-Cabs) Regulations 2005 to specify qualifications for taxi driver applicants is broad and includes the power to determine which training providers' graduates will be accepted, notwithstanding that the training provider is registered under the Victorian Qualifications Authority Act 2000. The VQA Act and Transport Act are separate statutory regimes that cannot be read in pari materia, and the definition of 'qualification' in the VQA Act does not apply to the Regulations made under the Transport Act. A party that fails to articulate arguments in support of a ground at trial, and remains silent when the trial judge indicates the point is taken as abandoned, is bound by the conduct of its case and cannot raise the point on appeal absent exceptional circumstances.
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