Passenger Transport Services Act 2011

For the purposes of this Act, a person is a booking service provider if the person carries on the business of – receiving requests for persons to be transported for financial consideration by a small passenger vehicle (other than a luxury hire car, or a restricted hire vehicle, each within the meaning of the Taxi and Hire Vehicle Industries Act 2008) that is being operated as part of a passenger transport service; and arranging or facilitating the acceptance of those requests by or on behalf of drivers of small passenger vehicles.

In determining whether a person (the service provider) is a booking service provider, it does not matter – whether or not the transport of a person by a small passenger vehicle is provided by a driver as an agent, bailee or employee of the service provider; or whether the agreement or arrangement in accordance with which the transport of a person by a small passenger vehicle is provided is between – the driver and passenger; or the service provider and either the driver or passenger; or any other persons; or whether the fare or other consideration for the transport of a person by a small passenger vehicle is paid to the driver by – the service provider; or the passenger; or any other person; or whether or not an act referred to in subsection (1)(a) or (b) involves the use of a wholly or partly automated electronic system, including ride-sourcing software; or whether or not the service provider is located outside the State; or whether or not the service provider also receives requests for persons to be carried as passengers outside the State.

A person who owns, operates or controls a wholly or partly automated electronic system, which may include ride-sourcing software, that performs the acts referred to in subsection (1)(a) or (b) is taken to be a booking service provider.

A person prescribed for the purposes of this subsection is taken to be a booking service provider.

A person prescribed for the purposes of this subsection is taken to not be a booking service provider, despite anything to the contrary in the other provisions of this section.