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Functions of Advisory Committee
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73. (1) It shall be the duty generally of the Advisory Committee to advise the Authority or the Minister, as appropriate, in relation to issues relevant to small public service vehicles and their drivers.
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(2) Without prejudice to the generality of subsection (1), the Advisory Committee may provide advice from time to time—
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(a) to the Authority in relation to—
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(i) proposals for licensing or SPSV regulations or codes of practice submitted by the Authority to the Advisory Committee for advice,
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(ii) matters relating to the delivery of quality services by small public service vehicles and their drivers,
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(iii) the preparation and review of the draft integrated implementation plan under section 13 of the Act of 2008 in relation to issues relevant to the small public service vehicle industry, and
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(iv) any other matters related to the functions of the Authority or which the Authority submits to the Advisory Committee for advice, other than matters related to decisions of the Authority in individual cases,
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and
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(b) to the Minister in relation to—
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(i) policy relevant to small public service vehicles and their drivers,
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(ii) proposals for legislation or regulations in relation to the small public service vehicle industry submitted by the Minister to the Advisory Committee for advice,
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(iii) the assignment of specific functions relating to small public service vehicles and their drivers to the Authority, and
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(iv) any other matter which, in the opinion of the Advisory Committee, is relevant to the effective performance by the Advisory Committee or by the Authority of its functions or which the Minister submits to the Advisory Committee for advice.
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(3) The Authority or the Minister, as appropriate, may consider the advice of the Advisory Committee given under this section but shall not be bound to act on it.
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(4) The Authority may consult with or seek the advice of the Advisory Committee on any matter relating to small public service vehicles and their drivers or to the effective performance by the Authority of its functions.
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(5) The Minister may consult with or seek the advice of the Advisory Committee on any matter arising in relation to his or her functions with respect to small public service vehicles and their drivers.
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(6) Where the advice of the Advisory Committee is sought by the Authority or the Minister under this Act, neither body shall be required to await the receipt of such advice of the Advisory Committee before exercising its functions under this Act, once a reasonable period to facilitate the giving of such advice has elapsed.
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(7) The Advisory Committee shall be entitled to be informed at its meetings about the work of the Authority provided that disclosure of such information shall not be in breach of section 28 of the Act of 2008.
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(8) The chairperson or ordinary members of the Advisory Committee shall not disclose confidential information obtained by him or her as a member of the Advisory Committee.
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(9) A person who fails to comply with subsection (8) commits an offence and is liable on summary conviction to a class B fine.
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(10) Proceedings for an offence under subsection (9) may be brought and prosecuted summarily by the Authority.
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(11) Members of the Advisory Committee holding office immediately before the commencement of this Part continue to hold office until their term of office ceases as if appointed under this Part.
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(12) In this section “confidential information” includes information that is expressed by the Authority or the Minister to be confidential either as regards particular information or as regards information of a particular class or description.
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