This table of maximum penalties is populated using Lawcodes data. For more information, see Changes to Specific Penalties and Orders at the end of the introduction.

Jurisdiction

Section 136(1): Proceedings for an offence under this Act or the regulations may be dealt with summarily before the Local Court or before the Supreme Court in its summary jurisdiction.

Section 136(2): Proceedings for a Category 1 offence under Pt 2 committed by an individual may be taken on indictment. Such offences relate to alleged breaches of the primary duty of care owed by providers of passenger service set out in Div 2 of Pt 2. The maximum penalty for a Category 1 offence is, in the case of an individual $300,000 and/or 2 yrs imprisonment; body corporate $3,000,000: s 16(1).

Section 136(3): The maximum monetary penalty if proceedings are brought before the Local Court is $50,000, despite any higher maximum monetary penalty provided in respect of the offence

Section 136(4): Proceedings for an offence may be commenced within 2 yrs after the offence first comes to the notice of the Commissioner.

Section 132: Provides for the imputing of an employee’s conduct to a body corporate.

Executive liability offences

Section 133: deals with the liability of directors for offences by a body corporate and establishes that certain offences under ss 27, 28, 47, 48, 76(5), 78, 79(4), 85, 89, 102 or 126 are “executive liability offences” where the maximum penalty is the same as if committed by an individual.

Appellable decisions

Section 146: provides for appeals to the Local Court against “appellable decisions” under the Act. Section 146(2) sets out the decisions that are “appellable decisions”.

Point to Point Transport (Taxis and Hire Vehicles) Regulation 2017