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  • The legislation protects the Transport Authority and every person acting on behalf of the Government from any legal action arising from the imposition and collection of fees between December 1, 1989 and December 8, 2015.
  • He noted that the current Bill was drafted with the aim of “correcting the anomaly that has been outstanding for so long and to indemnify the officers of the Authority, who were collecting the fees before the regulations were gazetted.”
  • Section 18 (1) provides that the Minister may make regulations generally for giving effect to the provisions of this Act and without prejudice to the generality of the foregoing, may, among other things, make regulations for prescribing fees.

The Transport Authority (Validation and Indemnity) Act, 2016, which seeks to validate and confirm the activities of the Authority, was passed in the Senate on Friday (Sept. 28).

The legislation protects the Transport Authority and every person acting on behalf of the Government from any legal action arising from the imposition and collection of fees between December 1, 1989 and December 8, 2015.

Minister of Education, Youth and Information, Senator the Hon. Ruel Reid, who piloted the Bill, explained that since December 1, 1989, the Transport Authority, in good faith, has been collecting fees from the operators of public passenger vehicles in the absence of legislative authority for such collection.

The fees collected were used to cover expenses relating to the regulating and monitoring responsibilities of the Authority.

Senator Reid explained that the Transport Authority (Fees) Regulations were gazetted on December 8, 2015 to bring the entity’s activities in line with the provisions of the Transport Authority Act.

He noted that the current Bill was drafted with the aim of “correcting the anomaly that has been outstanding for so long and to indemnify the officers of the Authority, who were collecting the fees before the regulations were gazetted.”

The Transport Authority Act, 1987 provides that the Authority may, in carrying out its functions, charge and collect such fees as may be prescribed.

Section 18 (1) provides that the Minister may make regulations generally for giving effect to the provisions of this Act and without prejudice to the generality of the foregoing, may, among other things, make regulations for prescribing fees.

The Transport Authority (Validation and Indemnity) Act, 2016 was passed in the House of Representatives, on Tuesday (September 18).