Public Transport Council Act 1987 · 2020 Revised Edition · Part 8 · Bus Fares, Street‑Hail and Ride‑Hail Farepricing Policies and Train Fares
46. Lodgment of ride-hail fares and ride-hail common pricing schemes
Feedback & supportLast amended by an amending law of 2019.
Within the prescribed period after a ride‑hail fare pricing policy order is made for any ride‑hail service but before it takes effect for the ride‑hail service, every ride‑hail industry participant providing that ride‑hail service must —
pricing policy
“pricing policy” means the policy for setting any fare, including a policy relating to the level or structure of prices for any fare;
determine the prices of ride-hail fares for that ride‑hail service if no prices are set by that order; and
lodge with the Council those prices determined unless the nature of the ride‑hail fare makes lodgment impracticable, together with any supporting information the Council may require.
Where a ride-hail fare pricing policy order for a ride‑hail service permits a ride‑hail common pricing scheme to vary one or more components of the ride‑hail fare in the ride‑hail fare pricing policy order, the prescribed ride‑hail industry participants for that ride‑hail common pricing scheme —
ride-hail fare
“ride-hail fare” means the price paid or given for the use of a ride‑hail service, whether or not it is paid or given to the provider of the ride‑hail service, a driver or any other person, and includes a booking fee;
may start collective negotiations among themselves to determine the common prices of those components of ride‑hail fares to be charged, or to vary those common prices, and the period during which those prices will apply; and
must lodge with the Council the ride‑hail common pricing scheme with the common prices determined or varied under that scheme and the effective date of those prices, together with any supporting information the Council may require.
The common prices last lodged with the Council under subsection (2)(b) for any component of a ride‑hail fare for ride‑hail services have the effect of varying, from the date specified in the lodgment, any price set by the Council in the ride‑hail fare pricing policy order for that component for those ride‑hail services (even though not agreed to by all the prescribed ride‑hail industry participants providing those ride‑hail services) until the ride‑hail common pricing scheme is terminated.
price
“price”, in relation to any fare, includes —(a)the amount of any rate, fee, levy and charge and any other valuable consideration (however described) for a journey by bus, train, taxi or bookable vehicle (as the case may be), whether or not it is paid or given to an operator of a bus service or train service, a provider of a street‑hail service or ride‑hail service or a driver of a bus, train, taxi or bookable vehicle;(b)the provision of, or arrangements for, a discount, concession, allowance, rebate or credit applying in relation to any amount in paragraph (a); and(c)in the case of a ride-hail fare, includes the amount of a booking fee,but does not include a consideration of a kind prescribed by the Minister by order in the Gazette for the purposes of this definition;
To have effect, a ride-hail common pricing scheme for any component of a ride‑hail fare —
ride-hail common pricing scheme
“ride-hail common pricing scheme” means a contract made between the prescribed ride‑hail industry participants providing a ride‑hail service that provides —(a)for a common price or price structure for a fare component in relation to that ride‑hail service; and(b)for periodic reviews of that common price or price structure,and includes any variation of that contract;
must be in writing;
must be agreed to by the ride‑hail industry participants prescribed for that component of the ride‑hail fare;
must be made after following the procedure (if prescribed) in connection with the preparation and making; and
must state a process for dispute resolution.
A ride-hail industry participant may be party to more than one ride‑hail common pricing scheme.
ride-hail industry participant
“ride-hail industry participant”, for a type of ride‑hail service, means any of the following:(a)a ride-hail service licensee authorised to provide that type of ride‑hail service;(b)any person or class of persons prescribed for the purposes of this definition either generally, or with respect to that particular type of ride‑hail service;
For the purposes of the Third Schedule to the Competition Act 2004, every ride‑hail common pricing scheme permitted by a ride‑hail fare pricing policy order is, when made, to be regarded as an agreement made in order to comply with a legal requirement.[23E