The Hon Ben Carroll MP

Minister for Public Transport 1 Spring Street Minister for Roads and Road Safety Melbourne Victoria 3000 DX210292

Commercial Passenger Vehicle Industry Act 2017

Commercial Passenger Vehicle Industry Further Amendment Regulations 2020

RECOMMENDATION

It is recommended to the Governor in Council that, under section 289 of the Commercial Passenger Vehicle Industry Act 2017, the Commercial Passenger Vehicle Industry Further Amendment Regulations 2020 be made.

Advice from the Chief Parliamentary Counsel is submitted as required by section 13 of the Subordinate Legislation Act 1994.

A Regulatory Impact Statement for these Regulations has not been prepared. The Premier has issued an exemption certificate under section 9 of the Subordinate Legislation Act 1994, and it is attached.

Under my hand, the following additional certificates are attached: • Consultation Certificate issued under section 6 of the Subordinate Legislation Act 1994; • Infringements Offence Consultation Certificate issued under section 6A of the Subordinate Legislation Act 1994; • Human Rights Certificate issued under section 12A of the Subordinate Legislation Act 1994.

Dated: 29/10/2020

APPROVED BYTHE GOVERNOR IN COUNCIL 1 0 NOV 2020 The Hon Ben Carroll MP c,rJ~.-~~ Minister for Public Transport CLEF

Minister for Public Transport 1 Spring Street Minister for Roads and Road Safety Melbourne Victoria 3000 DX210292

Subordinate Legislation Act 1994

CONSULTATION CERTIFICATE (Section 6)

Commercial Passenger Vehicle Industry Further Amendment Regulations 2020

I, Ben Carroll, Minister for Public Transport, and Minister responsible for administering the Commercial Passenger Vehicle Industry Act 2017, certify that in accordance with the guidelines made under the Subordinate Legislation Act 1994 there has been consultation with:

(a) every other Minister whose area of responsibility may be affected by the proposed Commercial Passenger Vehicle Industry Further Amendment Regulations 2020 and there is no overlap or conflict with any other existing or proposed statutory rule, legislation or stated government policy; and

(b) Commercial Passenger Vehicles Victoria and the bodies listed below, which are, or which represent, sectors of the public on which a significant economic or social burden may be imposed by the proposed Commercial Passenger Vehicle Industry Further Amendment Regulations 2020, so that the need for and the scope of the proposed Commercial Passenger Vehicle Industry Further Amendment Regulations 2020 have been considered.

The sectors of the public that have been consulted are:

• Balla rat Taxis;

• Crown Cabs;

• CS Motion; NOTED • Didi; BY THE GOVE RNOR IN COUNCIL • Geelong Taxi Network; ,1 0 NOV 2020

• Local Transit Pty Ltd; CLERK OF THE EXECUTIVE COUNCIL • NetCabs;

• Ola;

• Shebah; • Shepparton Taxis;

• Silvertop Taxis;

• Taxis Associated of Bendigo Co-operative;

• Taxis of Portland;

• 13Cabs;

• Uber;

• Victorian Taxi Association.

Dated: 29/10/2020

The Hon Ben Carroll MP Minister for Public Transport

NOTED BY THE GOVERNOR IN COUNCIL 1 0 NOV 2020

CJ£.:.~ OF THE EXECUTIVE COUNCIL The Hon Ben Carroll MP

Minister for Public Transport 1 Spring Street Minister for Roads and Road Safety Melbourne Victoria 3000 DX210292

Subordinate Legislation Act 1994

HUMAN RIGHTS CERTIFICATE (Section 12A)

Commercial Passenger Vehicle Industry Further Amendment Regulations 2020

I, Ben Carroll, Minister for Public Transport and Minister responsible for administering the Commercial Passenger Vehicle Industry Act 2017 certify that, in my opinion, the proposed Commercial Passenger Vehicle Industry Further Amendment Regulations 2020 do not limit any human right set out in the Charter of Human Rights and Responsibilities Act 2006.

Dated: 29/10/2020 tr-~ The Hon Ben Carroll MP Minister for Public Transport NOTED BY THE GOVERNOR IN COUNCIL I 1 0 NOV 2020

CLERK OF THE EXECUTIVE COUNCIL

,.~RIA·~--- The Hon Ben Carroll MP

Minister for Public Transport 1 Spring Street Minister for Roads and Road Safety Melbourne Victoria 3000 DX210292

Subordinate Legislation Act 1994

INFRINGEMENTS OFFENCE CONSULTATION CERTIFICATE (Section 6A)

Commercial Passenger Vehicle Industry Further Amendment Regulations 2020

I, Ben Carroll, Minister for Public Transport and Minister responsible for administering the Commercial Passenger Vehicle Industry Act 2017, certify under section 6A of the Subordinate Legislation Act 1994 that:

(a) the Department of Justice and Community Safety has been consulted about the enforcement of the offences referred to in the proposed Commercial Passenger Vehicle Industry Further Amendment Regulations 2020 by infringement notice and the suitability of the offences referred to in the Commercial Passenger Vehicle Industry Further Amendment Regulations 2020 to be infringement offences enforced under the Infringements Act 2006;

(b) the Attorney-General's guidelines within the meaning of the Infringements Act 2006 have been taken into account in the preparation of the Commercial Passenger Vehicle Industry Further Amendment Regulations 2020; and

(c) I am satisfied that the proposed Commercial Passenger Vehicle Industry Further Amendment Regulations 2020 meet the requirements of those guidelines insofar as they relate to infringement offences.

Dated: 29/10/2020

NOTED BY THE GOVERNOR IN COUNCIL The Hon Ben Carroll MP .1 0 NOV 2020 Minister for Public Transport CLERK OF THE EXECUTIVE COUNCIL The Hon MP

Premier of Victoria

~JOTED Subordinate Legislation Act 1994 BY THE GOVER NOR IN COUNCIL 1 0 NOV 2020 PREMIER'S EXEMPTION CERTIFICATE CLERK OF THE EXECUTIVE COUNCIL (Section 9(1 ))

Commercial Passenger Vehicle Industry Further Amendment Regulations 2020

I, the Hon Daniel Andrews MP, Premier, certify under section 9(1) of the Subordinate Legislation Act 1994 (the Act) that, in my opinion, in the special circumstances of the case the public interest requires that the Commercial Passenger Vehicle Industry Further Amendment Regulations 2020 (the Amendment Regulations) be made without complying with section 7(1) of the Act. The Amendment Regulations will sunset on 30 September 2021, which is on or before the day which is 12 months after the first day on which the Amendment Regulations come into operation. The responsible Minister, the Hon Ben Carroll MP, Minister for Public Transport, has given me written reasons why the public interest requires that the Amendment Regulations be made without complying with section 7(1) of the Act. The reasons for the exemption are: • there is a State of Emergency and State of Disaster declared in Victoria in response to the coronavirus (COVID-19) pandemic. The Government has taken measures to reduce the spread of COVID-19. The Amendment Regulations will support this response by imposing cleaning obligations on the commercial passenger vehicle industry and by requiring hand sanitiser to be available for passengers; • it is in the public interest to make the Amendment Regulations without the preparation of a regulatory impact statement (RIS) because it will ensure that the Amendment Regulations are made in a timely fashion, so that there are enforceable obligations placed on the commercial passenger vehicle industry; • the Amendment Regulations will apply for a period no longer than 12 months; and • if the responsible Minister considers that the Amendment Regulations need to be in place for more than 12 months, the Department of Transport advises that during the 12-month exemption for the preparation of a RIS for the Amendment Regulations, the department will prepare a RIS, undertake consultation for longer term regulations and make the longer term regulations. The responsible Minister has also advised that his department has undertaken targeted consultation with key stakeholders in the development of the Amendment Regulations.

Dated: 12 / 10 / 2020

. The Hon Daniel Andrews MP

NOTED BY THE GOVERNOR IN COUNCIL .1 0 NOV 2020

CLERK OF THE EXECUTIVE COUNCIL ,. u PARLIAMENTARY COUNSEL VICTORIA

Parliamentary Counsel's Chambers Your Reference: Level 2, I Macarthur Street, Melbourne, VIC 3002 DX 210753 Our Reference: 20-118:JL Tel: (03) 9651 2103 Fax: (03) 9651 2 I 07 Website: www.legislation.vie.gov. au

SUBORDINATE LEGISLATION ACT 1994 SECTION 13 CERTIFICATE

Proposed statutory rule : Commercial Passenger Vehicle Industry Further Amendment Regulations 2020

Authorising Act :

Date of print of proposed statutory rule : 29 October 20

A proposed statutory rule that is to be made by, or NOTED with the consent or approval of, the Governor in BY THE GO VERNOR IN COUNCIL Council must be submitted to the Chief Parliamentary Counsel for the issue of a 1 0 NOV 2020 certificate by the Clrief Parliamentary Counsel CLERK OF T:-fE EXECUTf\lE COUNCIL specifying whether the proposed statutory rule - ·~~~ ·· .

(a) appears to be within the powers (a) so appears; conferred by the authorising Act;

(b) appears without clear and express (b) authority being co11ferred by the authorising Act -

(i) to have a retrospective effect; or (i) if made on or before 18 November 2020, does not so appear;

(ii) to impose a tax, fee, fine, (ii) does not so appear; imprisonment or other penalty; or

(iii) to shift the legal burden ofproof to a (iii) does not so appear; person accused of an offence; or

(iv) to sub-delegate powers delegated by (iv) does not so appear; the authorising Act;

(c) appears to be consistent with the general (c) so appears; objectives of the authorising Act; (d) appears to be consistent with and to (d) so appears; achieve the objectives set out in the proposed statutory rule and, if the proposed statutory rule is to amend an existing statutory rule, appears to be consistent with the objectives set out in the existing statutory rule;

(e) appears to be inconsistent with (e) does not so appear; principles ofjustice and fairness;

(I) appears significantly or substantially to (I) does not so appear; overlap or conflict with any other statutory rule or legislation;

(g) is expressed as clearly and (g) is so expressed. unambiguously as is reasonably possible.

NOTEO BY THE GO VG:RNOR IN COUNCIL 1 0 NOV 2020

c_~.~~~ QJ Th'~ £XECUTl'(E COUNCIL

MARINA FARNAN Chief Parliamentary Counsel Date: 29 October 2020

This certificate relates to the circumstances as at the date of the certificate. Commercial Passenger Vehicle Industry Further Amendment Regulations 2020 S.R. No. \ 2,, ?_

TABLE OF PROVISIONS Regulation Page

Part 1-Preliminary 1 I Objectives l 2 Authorising provision 2 3 Commencement 2 Part 2-Amendment of Commercial Passenger Vehicle Industry Regulations 2018 3 4 New Part 2A inserted 3 Part 3-Amendment of Commercial Passenger Vehicle Industry (Infringements) Regulations 2018 10 5 Regulation 7 revoked 10 6 Schedule 1 amended 10 Part 4-Revocations and expiry 11 7 Revocation of amendments 11 8 Expiry I I

Endnotes 12

20-l 18S R.S 1-29/10/2020 STATUTORY RULES 2020

S.R.No. \~L- Commercial Passenger Vehicle Industry Act 2017

Commercial Passenger Vehicle Industry Further Amendment Regulations 2020

The Governor in Council makes the following Regulations: Dated: 1 0 NOV 2020 Responsible Minister: BEN CARROLL Minister for Public Transport C-UMS~ Clerk of the Executive Council

Part 1-Preliminary 1 Objectives The objectives of these Regulations are- (a) to amend the Commercial Passenger Vehicle Industry Regulations 2018 to prescribe obligations in relation to ensuring the cleanliness of commercial passenger vehicles; and (b) to amend the Commercial Passenger Vehicle Industry (Infringements) Regulations 2018 to prescribe additional infringement offences and infringement penalties.

20-1 I 8SRS 1-29/1 0/2020 1 Commercial Passenger Vehicle Industry Further Amendment Regulations 2020 S.R. No. Part I-Preliminary

2 Authorising provision These Regulations are made under section 289 of the Commercial Passenger Vehicle Industry Act 2017. 3 Commencement (1) These Regulations, except regulation 7, come into operation on 18 November 2020. (2) Regulation 7 comes into operation on 30 September 2021.

20-I I 8SRS 1-29/ 10/2020 2 Commercial Passenger Vehicle Industry Further Amendment Regulations 2020 S.R. No. Part 2-Amendment of Commercial Passenger Vehicle Industry Regulations 2018 Part 2-Amendment of Commercial Passenger Vehicle Industry Regulations 2018 4 New Part 2A inserted After Part 2 of the Commercial Passenger Vehicle Industry Regulations 2018 1 insert- "Part 2A-Cleanliness of commercial passenger vehicles 7A Definitions In this Part- approved disinfectant means a disinfectant that has a label which states a claim by the manufacturer that the disinfectant has anti-bacterial or anti-viral properties; approved hand sanitiser means a hand sanitiser with a minimum of 60% alcohol content; driver proximate surfaces means the following- (a) any hand held payment device; (b) the centre console; (c) external and internal door handles, including the boot handle; ( d) the gear stick; ( e) the glove box; (f) the handbrake; (g) heat and air conditioner controls; (h) navigation and radio controls; (i) the radio mouthpiece; (j) the rear view mirror;

20- l I 8SR.S 1-29/10/2020 3 Commercial Passenger Vehicle Industry Further Amendment Regulations 2020 S.R.No. Part 2-Amendment of Commercial Passenger Vehicle Industry Regulations 2018

(k) seat belt clips; (I) the steering wheel, including any buttons on the steering wheel; (m) the transmission control; (n) visors; ( o) wheelchair hoists (if applicable); (p) wheelchair restraints (if applicable); (q) windows, window controls and window handles; passenger proximate surfaces means the following- (a) any hand held payment device; (b) the centre console; (c) external and internal door handles, including the boot handle; (d) heat and air conditioner controls; (e) seat belt clips; (f) visors; (g) wheelchair hoists (if applicable); (h) wheelchair restraints (if applicable); (i) windows, window controls and window handles. 7B Driver to make available hand sanitiser (1) A driver, when providing a commercial passenger vehicle service, must make available to each passenger receiving that service an approved hand sanitiser for use by each passenger while in the vehicle. Penalty: 20 penalty units.

20- I I SSR.S 1-29/10/2020 4 Commercial Passenger Vehicle Industry Further Amendment Regulations 2020 S.R.No. Part 2-Amendment of Commercial Passenger Vehicle Industry Regulations 2018

(2) A Part 3 permission holder in relation to a commercial passenger vehicle must take reasonable steps to ensure that a driver complies with subregulation (1). Penalty: 20 penalty units. 7C Driver to clean surfaces before providing commercial passenger vehicle service (l) Before providing the first commercial passenger vehicle service on any day, a driver of a commercial passenger vehicle must clean, with an approved disinfectant- (a) all surfaces of the vehicle that are likely to be touched by a passenger, including passenger proximate surfaces; and (b) all surfaces of the vehicle that are likely to be touched by the driver, including driver proximate surfaces. Penalty: 20 penalty units. (2) Subject to subregulation (3), a Part 3 permission holder in relation to a commercial passenger vehicle must take reasonable steps to ensure that a driver complies with subregulation (1 ). Penalty: 20 penalty units. (3) Subregulation (1) does not apply to a driver who complies with regulation 7D(1 ). 7D Driver to clean surfaces after private use of vehicle (1) If a commercial passenger vehicle has been used for a purpose other than the provision of a commercial passenger vehicle service (private use), after that private use and before providing a commercial passenger

20- l l 8SR.S 1-29/10/2020 5 Commercial Passenger Vehicle Industry Further Amendment Regulations 2020 S.R.No. Part 2-Amendment of Commercial Passenger Vehicle Industry Regulations 2018

vehicle service, the driver must clean, with an approved disinfectant- ( a) all surfaces of the vehicle that are likely to have been touched during the private use by a passenger, including passenger proximate surfaces; and (b) all surfaces of the vehicle that are likely to have been touched during the private use by a driver, including driver proximate surfaces. Penalty: 20 penalty units. (2) A Part 3 permission holder in relation to a commercial passenger vehicle must take reasonable steps to ensure that a driver complies with subregulation (1). Penalty: 20 penalty units. 7E Driver to clean surfaces touched by a passenger (1) After every commercial passenger vehicle service provided by a driver of a commercial passenger vehicle and before a further commercial passenger vehicle service is provided by the driver, the driver must clean, with an approved disinfectant, all surfaces of the vehicle that are likely to have been touched by a passenger, including passenger proximate surfaces. Penalty: 20 penalty units. (2) A Part 3 permission holder in relation to a commercial passenger vehicle must take reasonable steps to ensure that a driver complies with subregulation (1). Penalty: 20 penalty units.

20-11 8SR.Sl-29/I0/2020 6 Commercial Passenger Vehicle Industry Further Amendment Regulations 2020 S.R.No. Part 2-Amendment of Commercial Passenger Vehicle Industry Regulations 2018

7F Driver to clean vehicle to be driven by others (1) Subregulation (2) applies if a commercial passenger vehicle is to be driven by more than one person. (2) A driver who has provided a commercial passenger vehicle service, before surrendering the commercial passenger vehicle to be driven by another person, must clean, with an approved disinfectant, all surfaces of the vehicle that are likely to have been touched by the driver, including driver proximate surfaces. Penalty: 20 penalty units. (3) A Part 3 permission holder in relation to a commercial passenger vehicle must take reasonable steps to ensure that a driver complies with subregulation (2). Penalty: 20 penalty units. 7G Driver to clean surfaces touched by driver (1) Subregulation (2) applies if a commercial passenger vehicle is only driven by one driver. (2) Once every day, a driver of a commercial passenger vehicle, unless the driver has not used the vehicle to provide a commercial passenger vehicle service on that day, must clean, with an approved disinfectant, all surfaces of the vehicle that are likely to have been touched by the driver, including driver proximate surfaces. Penalty: 20 penalty units.

20-I 18SR S I-29/ I0/2020 7 Commercial Passenger Vehicle Industry Further Amendment Regulations 2020 S.R.No. Part 2-Amendment of Commercial Passenger Vehicle Industry Regulations 2018

(3) A Part 3 permission holder in relation to a commercial passenger vehicle must take reasonable steps to ensure that a driver complies with subregulation (2). Penalty: 20 penalty units. 7H Records to be kept of cleaning activities (I) A booking service provider must keep a record of the information specified in subregulation (3) in relation to the cleaning of a commercial passenger vehicle by an associated driver for a period of 12 months from the date the record was created. Penalty: 20 penalty units. (2) A provider of an unbooked commercial passenger vehicle service must keep a record of the information specified in subregulation (3) in relation to the cleaning of a commercial passenger vehicle by a driver for a period of 12 months from the date the record was created. Penalty: 20 penalty units. (3) For the purposes of subregulations (I) and (2), the specified information is the following- (a) the registration number of the commercial passenger vehicle; (b) the date and time the vehicle was cleaned for the purposes of regulations 7C(l), 7D(l), 7E(l), 7F(2) and 7G(2) (as the case requires); ( c) if a commercial passenger vehicle service was provided, the date and time it was provided.

20-1 I 8SRS 1-29/1 0/2020 8 Commercial Passenger Vehicle Industry Further Amendment Regulations 2020 S.R. No. Part 2-Amendment of Commercial Passenger Vehicle Industry Regulations 2018

71 Booking service provider must take reasonable steps to ensure compliance (1) A booking service provider must take reasonable steps to ensure that an associated driver complies with regulations 7B(1), 7C(l), 7D(l), 7E(l), 7F(2) and 70(2). Penalty: 20 penalty units. (2) For the purposes of subregulation (1), reasonable steps include, but are not limited to, providing information or instruction to associated drivers about- ( a) wearing gloves and masks when undertaking cleaning of commercial passenger vehicles; and (b) approved disinfectants and approved hand sanitisers that may be used; and ( c) how to safely dispose of used cleaning products, gloves and masks; and (d) how to clean commercial passenger vehicles efficiently and effectively.".

20-l 18SR.Sl-29/I0/2020 9 Commercial Passenger Vehicle Industry Further Amendment Regulations 2020 S.R.No. Part 3-Amendment of Commercial Passenger Vehicle Industry (Infringements) Regulations 2018 Part 3-Amendment of Commercial Passenger Vehicle Industry (Infringements) Regulations 2018 5 Regulation 7 revoked Regulation 7 of the Commercial Passenger Vehicle Industry (Infringements) Regulations 20182 is revoked. 6 Schedule 1 amended ( 1) Before item 17 A of the table in Schedule 1 to the Commercial Passenger Vehicle Industry (Infringements) Regulations 2018 insert- "Commercial Passenger Vehicle Industry Regulations 2018 17AAC reg. 7B(l) 4 penalty units 0600 17AAD reg. 7C(l) 4 penalty units 0601 17AAE reg. 7D(l) 4 penalty units 0602 17AAF reg. 7E(J) 4 penalty units 0603 17AAG reg. 7F(2) 4 penalty units 0604 17AAH reg. 7G(2) 4 penalty units 0605". (2) Before item 18 of the table in Schedule 1 to the Commercial Passenger Vehicle Industry (Infringements) Regulations 2018, in Column 2 omit "Commercial Passenger Vehicle Industry Regulations 2018".

20-I I 8SR.S l-29/ I 0/2020 10 Commercial Passenger Vehicle Industry Further Amendment Regulations 2020 S.R.No. Part 4-Revocations and expiry

Part 4--Revocations and expiry 7 Revocation of amendments (1) Part 2A of the Commercial Passenger Vehicle Industry Regulations 2018 is revoked. (2) Items 17AAC, 17AAD, 17AAE, 17AAF, 17AAG and 17 AAH of the table in Schedule l to the Commercial Passenger Vehicle Industry (Infringements) Regulations 2018 are revoked. 8 Expiry These Regulations expire on l October 2021.

20-l 18SR.Sl-29/I0/2020 11 Commercial Passenger Vehicle Industry Further Amendment Regulations 2020 S.R.No. Endnotes

Endnotes

1 Reg. 4: S.R. No. 84/2018 as amended by S.R. Nos 53/2019, 166/2019 and 65/2020. 2 Reg. 5: S.R. No. 85/2018 as amended by S.R. Nos 85/2018 and 162/2019.

Penalty Units These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit. The value ofa penalty unit for the financial year commencing I July 2020 is $165.22. The amount of the calculated penalty may be rounded to the nearest dollar. The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

20-l 18SRSl-29/ 10/2020 12