Passenger Transport Services Act 2011

The Commission, by instrument in writing, may exempt from the operation of a relevant provision of this Act – a person or class of persons; or a motor vehicle or class of motor vehicles; or a passenger service or class of passenger services.

Without limiting its generality, under subsection (1) – a person operating a passenger transport service or hire and drive passenger service may be exempted from the requirement to be accredited in respect of that service; or a person operating a regular passenger service may be exempted from the requirement to have the service authorised.

An exemption may be granted only if the Commission is satisfied that – compliance with the relevant provision of this Act in relation to the exempted person, motor vehicle or passenger service (or class thereof) is unnecessary, impracticable or unreasonable; and the exemption will not compromise public safety.

An exemption may be granted unconditionally or on such conditions as the Commission determines.

The Commission, by instrument in writing, may vary or revoke an exemption.

A person who has the benefit of an exemption, either as an individual or a member of a class of persons, must comply with the conditions of the exemption, if any. Fine not exceeding 100 penalty units.

An exemption remains in force, subject to any notified variation, until – the day specified in the instrument of exemption as the day on which it expires; or the Commission notifies the person or persons having the benefit of the exemption that it has been revoked.

The granting of an exemption or its revocation may be publicly notified if the exemption is for a class of persons, class of motor vehicles or class of passenger services and such public notification is to be taken to be as valid and effectual as if given to the persons concerned individually.

In this section – publicly notified means notified in the Gazette or in 2 or more daily newspapers in general circulation in Tasmania, or by both of those means; relevant provision, of this Act, means – Part 2 or any Division or section thereof; and Division 1 of Part 3 or any section thereof.