Rural and Regional Adjustment (Variation of Wheelchair Accessible Taxi Grants Scheme) Amendment Regulation 2022

1Short title

This regulation may be cited as the Rural and Regional Adjustment (Variation of Wheelchair Accessible Taxi Grants Scheme) Amendment Regulation 2022.

2Commencement

Part 3 commences on 1 July 2023.

3Regulation amended

This regulation amends the Rural and Regional Adjustment Regulation 2011.

4Insertion of new pt 4, div 17

Part 4—
insert—

Division 17 Transitional provisions for Rural and Regional Adjustment (Variation of Wheelchair Accessible Taxi Grants Scheme) Amendment Regulation 2022

25Definition for division

In this division—

amendment regulation means the Rural and Regional Adjustment (Variation of Wheelchair Accessible Taxi Grants Scheme) Amendment Regulation 2022.

26Existing applications for assistance

(1)This section applies if, before the commencement, an application for assistance under the scheme set out in schedule 15 was made but not decided.

(2)Schedule 15, as amended by the amendment regulation, part 2, applies to the application.

5Amendment of sch 15, s 5 (Meaning of eligible replaceable taxi)

(1)Schedule 15, section 5—
insert—

(2A)However, a wheelchair accessible taxi to which subsection (1)(a) or (b) applies is not an eligible replaceable taxi if assistance under the scheme has already been granted to replace the taxi.

(2)Schedule 15, section 5(2A) and (3)—
renumber as schedule 15, section 5(3) and (4).

6Amendment of sch 15, s 7 (Scheme to operate in rounds)

(1)Schedule 15, section 7, heading, ‘to’—
omit, insert—

may

(2)Schedule 15, section 7(1)—
omit, insert—

(1)The authority may operate the scheme in rounds.

(1A)The authority may open a round by publishing a notice of the round opening on the authority’s website.

(3)Schedule 15, section 7(4), ‘2023’—
omit, insert—

2024

(4)Schedule 15, section 7(1A) to (5)—
renumber as schedule 15, section 7(2) to (6).

7Amendment of sch 15, s 8 (Eligibility criteria—reimbursement for acquiring new wheelchair accessible taxi)

Schedule 15, section 8(2)(c)—
omit, insert—

(c)immediately before the new wheelchair accessible taxi was the motor vehicle stated in the taxi service licence—

(i)the motor vehicle stated in the taxi service licence was an eligible replaceable taxi; or

(ii)a motor vehicle was not stated in the taxi service licence for 3 months or more; and

(ca)if paragraph (c)(ii) applies—the new wheelchair accessible taxi was purchased after the commencement of this paragraph; and

8Amendment of sch 15, s 9 (Eligibility criteria—assistance to acquire new wheelchair accessible taxi)

Schedule 15, section 9(2)(b)—
omit, insert—

(b)either—

(i)the motor vehicle stated in the taxi service licence is an eligible replacement taxi; or

(ii)a motor vehicle was not stated in the taxi service licence for 3 months or more; and

9Amendment of sch 15, s 11 (Conditions of assistance)

Schedule 15, section 11(3)—
omit, insert—

(3)The agreement must include the following terms—

(a)the licensee must ensure—

(i)the new wheelchair accessible taxi is used to provide a taxi service for at least 3 years; and

(ii)the taxi service is provided under a taxi service licence with a wheelchair accessible taxi condition held or leased by the licensee;

(b)if the reimbursement assistance or purchase assistance paid to the licensee under the scheme relates to an eligible replaceable taxi of the kind mentioned in section 5(2)—the licensee may not transfer the new wheelchair accessible taxi to another taxi service licence for at least 3 years;

(c)if the licensee does not comply with a term mentioned in paragraph (a) or (b), the licensee must repay the assistance on a pro-rata basis for the part of the 3-year period the licensee did not comply with the term.

10Amendment of sch 15, s 13 (Applications)

(1)Schedule 15, section 13(1)(a), from ‘authority’—
omit, insert—

authority—

(i)while a round of the scheme is open; or

(ii)not later than 30 June 2024; and

(2)Schedule 15, section 13(2)—
omit, insert—

(2)Subsection (1)(a)(i) does not apply to an application mentioned in section 7(6).

11Amendment of sch 15, s 14 (Deciding applications)

Schedule 15, section 14(2)—
omit, insert—

(2)The authority must refuse an application for assistance under the scheme if the authority’s assistance funds are not sufficient to pay for the assistance.

12Amendment of sch 15, s 15 (Priority of consideration of applications)

(1)Schedule 15, section 15(1)—
insert—

(e)applications not relating to an eligible replaceable taxi.

(2)Schedule 15, section 15(2), ‘subsections (1)(a) to (d)’—
omit, insert—

subsections (1)(a) to (e)

13Insertion of new s 26A

Part 4, division 17—
insert—

26AApplication of particular provisions continued

(1)This section applies if before the commencement an application for assistance under the scheme set out in schedule 15 was made but not decided.

(2)Schedule 15, as in force immediately before the commencement, continues to apply to the application as if the amendment regulation, part 3 had not commenced.

14Amendment of sch 15, s 8 (Eligibility criteria—reimbursement for acquiring new wheelchair accessible taxi)

Schedule 15, section 8(2)(c) and (ca)—
omit, insert—

(c)immediately before the new wheelchair accessible taxi was the motor vehicle stated in the taxi service licence, the vehicle stated in the licence was an eligible replaceable taxi; and

15Amendment of sch 15, s 9 (Eligibility criteria—assistance to acquire new wheelchair accessible taxi)

Schedule 15, section 9(2)(b)—
omit, insert—

(b)the motor vehicle stated in the taxi service licence is an eligible replacement taxi; and

16Amendment of sch 15, s 15 (Priority of consideration of applications)

(1)Schedule 15, section 15(1)(e)—
omit.

(2)Schedule 15, section 15(2), ‘subsections (1)(a) to (e)’—
omit, insert—

subsections (1)(a) to (d)