Transport (Road Passenger Services) Act 2018

A person commits an offence if —

the person —

causes or permits another person (the driver) to drive a vehicle for the purpose of transporting passengers for hire or reward; or

provides an on‑demand booking service to another person (the driver) for the purpose of the driver driving a vehicle for use in providing an on‑demand passenger service;

the driver does not hold a passenger transport driver authorisation that is in force.

for a first offence —

for an individual, a fine of $12 000;

for a body corporate, a fine of $60 000;

for a subsequent offence —

for an individual, a fine of $12 000, but the minimum penalty is a fine of $2 000;

for a body corporate, a fine of $60 000, but the minimum penalty is a fine of $10 000.

A person does not commit an offence under subsection (1) if —

the driver is the holder of an interstate driver authorisation; and

the driver complies with the conditions of that authorisation and with the regulations in driving the vehicle for the purpose of transporting passengers for hire or reward in the State; and

the driving occurs within the relevant prescribed period for that kind of authorisation.

It is a defence to a charge of an offence under subsection (1) to prove that the person charged took reasonable steps to ensure that at the time of the offence the driver held a passenger transport driver authorisation that was in force.