Transport Operations (Passenger Transport) Regulation 2018

The holder (the proposed transferor) of an original taxi service licence or limousine licence, other than a special purpose limousine licence, must not transfer the licence to another person (the proposed transferee) unless the transfer has been approved by the chief executive under this section.

Failure to comply with subsection (1) does not invalidate or otherwise affect the transfer of the licence.

An application for approval of a transfer must—

be made in the approved form; and

state the proposed day of the transfer; and

state the proposed price to be paid, or other consideration to be given, for the transfer of the licence; and

be signed by the proposed transferor and the proposed transferee.

The chief executive may refuse the application if—

the proposed transferee, or a related entity of the proposed transferee, has, within the previous year, committed an offence against a provision of relevant transport legislation relating to—

providing a booked hire service or taxi service; or

using a motor vehicle to provide a booked hire service or taxi service; or

a licence held by the proposed transferee, or a related entity of the proposed transferee, was suspended or cancelled within the previous year; or

the chief executive considers the refusal is necessary in the public interest.

Subsection (4)(a) is prescribed as a section to which section 150C of the Act applies.

If the chief executive decides to refuse the application, the chief executive must give the proposed transferor and the proposed transferee a regulation notice for the decision.

The proposed transferor must, within 14 days after any of the following happens, give the chief executive written notice of the matter—

the proposed day for the transfer of the licence changes;

the proposed price to be paid, or other consideration to be given, for the transfer changes;

the transfer does not happen on the proposed day of the transfer stated in the approved form or notified to the chief executive under this subsection;

the licence is transferred and the price paid, or other consideration given, for the transfer is different to the proposed price or other consideration stated in the approved form or notified to the chief executive under this subsection;

the proposed transferor or the proposed transferee decides not to proceed with the transfer of the licence.

In this section—

if the transferee is a corporation—an executive officer of the corporation;

a related body corporate of the transferee and each executive officer of the body corporate.