Division 2A — Ride-hail fare pricing policy
Ride-hail fare pricing policy orders
45.—(1)  Subject to subsection (5) and any regulations made under subsection (9), the Council may, by order in the Gazette (called a ride‑hail fare pricing policy order), set the pricing policy for ride‑hail fares for all types of or any type of ride‑hail service.
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(2)  Different ride-hail fare pricing policy orders may be made under subsection (1) in relation to different types of ride‑hail services.
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(3)  A ride-hail fare pricing policy order for a ride‑hail service may set the price fixing factors for ride‑hail fares in any manner the Council considers appropriate, including —
(a)fixing the components of ride‑hail fares for the ride‑hail service;
(b)fixing the pricing policy or principles that are to be applied in relation to the ride‑hail service provided;
(c)specifying a factor or factors to be applied, and the manner in which such a factor is or factors are to be applied, in setting ride‑hail fares or terms and conditions for the ride‑hail service provided;
(d)fixing the basis on which prices of ride-hail fares are to be calculated for different bookable vehicles, for different types of journeys by bookable vehicles, for different passengers or for hiring of bookable vehicles in different circumstances;
(e)fixing a price for components of a ride‑hail fare where a ride‑hail common pricing scheme is permitted and there is no ride‑hail common pricing scheme in effect;
(f)fixing a maximum or minimum price or price range, or a maximum rate of increase or decrease or minimum rate of increase or decrease in the price or the maximum and minimum price for ride‑hail fares for the ride‑hail service provided, or other price control formula;
(g)regulating or prohibiting payment surcharges and charges on transactions involving payment of a ride‑hail fare; and
(h)any other terms the Council considers appropriate.
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(4)  A ride-hail fare pricing policy order relating to a type of ride‑hail service may —
(a)permit the ride-hail industry participants, by a ride‑hail common pricing scheme, to vary one or more components of a ride‑hail fare for that ride-hail service set for that component in the ride‑hail fare pricing policy order; and
(b)require a ride-hail industry participant of that type of ride‑hail service to provide information to other ride‑hail industry participants, passengers, prospective passengers or others, or generally publish, or cause to be published, information relating to its prices of and pricing policies for ride‑hail fares for ride‑hail services provided by the ride‑hail industry participant.
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(5)  In making a ride-hail fare pricing policy order relating to a type of ride‑hail service, the Council may consider the following factors:
(a)the demand and supply of ride‑hail services and street‑hail services;
(b)the standards of quality, reliability and safety of ride‑hail services and street‑hail services, whether those standards are specified by legislation, agreement or otherwise, and any suggested or actual changes to those standards;
(c)the need for greater efficiency in providing passengers responsive, safe, competitive, efficient and accessible ride‑hail services and street‑hail services;
(d)any other matters that the Council considers relevant.
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(6)  A ride‑hail fare pricing policy order under subsection (1) relating to a type of ride‑hail service takes effect on a date specified in the order, and —
(a)cannot be varied (except as contemplated by the order); and
(b)may be revoked by the Council with or without making another ride‑hail fare pricing policy order in replacement in relation to that same type of ride‑hail service.
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(7)  Before the date a ride‑hail fare pricing policy order under subsection (1) relating to a type of ride‑hail service comes into effect, the Council must give notice of the making of the order in such manner as will secure adequate publicity for it.
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(8)  However, failure to comply with subsection (7) in respect of any such order under subsection (1) does not in itself invalidate the order.
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(9)  The Minister may make regulations prescribing the content, form and procedure that must be followed by the Council in connection with the preparation and making of a ride‑hail fare pricing policy order for the purposes of subsection (1).
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Lodgment of ride-hail fares and ride-hail common pricing schemes
46.—(1)  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 —
(a)determine the prices of ride-hail fares for that ride‑hail service if no prices are set by that order; and
(b)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.
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(2)  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 —
(a)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
(b)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.
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(3)  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.
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(4)  To have effect, a ride-hail common pricing scheme for any component of a ride‑hail fare —
(a)must be in writing;
(b)must be agreed to by the ride‑hail industry participants prescribed for that component of the ride‑hail fare;
(c)must be made after following the procedure (if prescribed) in connection with the preparation and making; and
(d)must state a process for dispute resolution.
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(5)  A ride-hail industry participant may be party to more than one ride‑hail common pricing scheme.
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(6)  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.
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