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Queensland
TRANSPORT AND OTHER
LEGISLATION AMENDMENT
BILL 2004
Queensland
TRANSPORT AND OTHER LEGISLATION
AMENDMENT BILL 2004
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PART 2--AMENDMENT OF TRANSPORT INFRASTRUCTURE
ACT 1994
3 Act amended in pt 2 and sch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Insertion of new s 239A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
239A Effect of resumption of particular interests in land . . . . . . . . . . . . . . 8
5 Insertion of new s 260A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
260A Transfer of obligations for existing railway to new railway manager 9
6 Amendment of s 521 (Definitions for pt 3) . . . . . . . . . . . . . . . . . . . . . . . . . . 10
7 Insertion of new s 530 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
530 Declaration about s 521, definition "previous" . . . . . . . . . . . . . . . . . 10
PART 3--AMENDMENT OF TRANSPORT OPERATIONS
(MARINE SAFETY) ACT 1994
8 Act amended in pt 3 and sch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
9 Replacement of s 212 (Regulations may give effect to Uniform Shipping
Laws Code) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
212 Regulations may give effect to agreements or documents about
ships approved by Australian entity . . . . . . . . . . . . . . . . . . . . . . . . . . 11
PART 4--AMENDMENT OF TRANSPORT OPERATIONS
(PASSENGER TRANSPORT) ACT 1994
10 Act amended in pt 4 and sch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
11 Insertion of new s 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
12 Amendment of s 12 (What is operator accreditation) . . . . . . . . . . . . . . . . . . 12
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Transport and Other Legislation Amendment Bill 2004
13 Amendment of s 24 (What is driver authorisation) . . . . . . . . . . . . . . . . . . . . 12
14 Amendment of s 43 (Obligation to hold service contracts). . . . . . . . . . . . . . 12
15 Amendment of s 46 (Review of holder's performance) . . . . . . . . . . . . . . . . 13
16 Amendment of s 51 (Conditions of funding) . . . . . . . . . . . . . . . . . . . . . . . . 13
17 Insertion of new s 54A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
54A Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
18 Insertion of new ch 6, pt 2, div 2AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Division 2AA--Translink service contracts
62AAA Purpose of div 2AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
62AAB Definition for div 2AA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
62AAC What is a Translink service contract . . . . . . . . . . . . . . . . . . . . . . . . 14
62AAD Offer of new Translink service contract. . . . . . . . . . . . . . . . . . . . . . 14
62AAE Matters to be considered generally when considering offers for
Translink service contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
62AAF Unsatisfactory performance of Translink service contract holder . . 16
62AAG New service contract area or route in the Translink area. . . . . . . . . 16
62AAH Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
62AAI What happens when Translink service contract is surrendered,
cancelled or terminated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
19 Replacement of s 101 (Standards do not apply to railway managers
or operators) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
101 Application of standards to railway managers or railway
operators ...................................... 19
20 Omission of ch 11, pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
21 Renumbering of ch 11, pt 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
22 Insertion of new ch 11, pt 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
PART 1--INTERPRETATION
110 Definition for ch 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
23 Amendment of s 111 (Appointment of authorised persons etc.). . . . . . . . . . 20
24 Amendment of s 112 (Identity cards) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
25 Amendment of s 114 (Powers of authorised persons). . . . . . . . . . . . . . . . . . 21
26 Amendment of s 115 (Protection from liability) . . . . . . . . . . . . . . . . . . . . . . 21
27 Amendment of s 126 (Procedure after thing seized). . . . . . . . . . . . . . . . . . . 22
28 Amendment of s 126D (Forfeiture of seized things). . . . . . . . . . . . . . . . . . . 22
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Transport and Other Legislation Amendment Bill 2004
29 Insertion of new s 126P . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
126P Definition for pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
30 Replacement of s 127 (Power to require name and address). . . . . . . . . . . . . 22
127 Power to require name, address and age . . . . . . . . . . . . . . . . . . . . . . 22
31 Amendment of s 128 (Power to require information from certain persons) . 23
32 Amendment of s 130 (False or misleading information) . . . . . . . . . . . . . . . 24
33 Amendment of s 131 (False, misleading or incomplete documents) . . . . . . 24
34 Amendment of s 135 (Obstructing authorised person or authorised person
for a railway) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
35 Amendment of s 136 (Impersonating authorised person or authorised
person for a railway) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
36 Amendment and relocation of s 139 (Power to require production of
tickets) ................................................ 25
37 Amendment and relocation of s 140 (Power to require person to leave
train etc.) ................................................ 25
38 Omission of ch 11, pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
39 Omission of ch 11, pt 7, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
40 Omission of ss 141143 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
41 Amendment and relocation of s 143A (Evidence of concession
entitlement) ............................................ 26
42 Omission of s 143AB (Application of ch 11A). . . . . . . . . . . . . . . . . . . . . . . 27
43 Amendment of s 143AC (Definitions for ch 11A) . . . . . . . . . . . . . . . . . . . . 27
44 Insertion of new s 143AB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
143AB When does a person evade payment of a fare . . . . . . . . . . . . . . . . . . 28
45 Replacement of s 143AD (Fare evasion and obtaining hire of vehicle by
fraud etc.) ................................................ 29
143AC Fare evasion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
143AD Obtaining hire or use of vehicle by fraud or misrepresentation . . . . 29
46 Amendment of s 143AE (Vehicle and equipment not to be interfered with) 29
47 Replacement of s 143AF (Creating disturbance or nuisance on vehicle) . . . 30
143AF Creating disturbance or nuisance on railway or vehicle . . . . . . . . . . 30
48 Amendment of s 143AG (Direction to leave, or not to enter, vehicle) . . . . . 30
49 Amendment of s 143AH (Direction to leave vehicle). . . . . . . . . . . . . . . . . . 30
50 Replacement of s 143AK (Offence to contravene direction) . . . . . . . . . . . . 31
143AK Offence to contravene direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
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Transport and Other Legislation Amendment Bill 2004
51 Amendment of s 149 (Offences of dishonesty). . . . . . . . . . . . . . . . . . . . . . . 31
52 Amendment of s 152 (No need to prove appointments) . . . . . . . . . . . . . . . . 31
53 Amendment of s 154 (Attempt to commit offence) . . . . . . . . . . . . . . . . . . . 31
54 Amendment of s 154B (Definitions for pt 2) . . . . . . . . . . . . . . . . . . . . . . . . 32
55 Insertion of new ch 13, pt 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
PART 1A--TRANSITIONAL PROVISIONS FOR TRANSPORT AND
OTHER LEGISLATION AMENDMENT ACT 2004
157 Authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
158 Offers for Translink service contracts . . . . . . . . . . . . . . . . . . . . . . . . 32
159 Matters to be considered when considering offer . . . . . . . . . . . . . . . 33
160 Termination of particular service contracts in SEQ area . . . . . . . . . . 34
161 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
56 Insertion of new sch 2A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
SCHEDULE 2A
PARTICULAR SERVICE CONTRACTS IN SEQ AREA
57 Amendment of sch 3 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
PART 5--AMENDMENT OF TRANSPORT OPERATIONS (ROAD
USE MANAGEMENT) ACT 1995
58 Act amended in pt 5 and sch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
59 Amendment of s 19 (Procedure for amending, suspending or cancelling
approvals) ............................................... 38
60 Insertion of new s 19A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
19A Cancelling suspended approval for failing to take remedial action . . 39
61 Amendment of s 32 (Power to stop heavy vehicles) . . . . . . . . . . . . . . . . . . . 39
62 Insertion of new s 53A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
53A Proof of giving false and misleading statements and documents . . . 40
63 Amendment of s 66 (Local laws etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
64 Amendment of s 101 (Who may regulate parking) . . . . . . . . . . . . . . . . . . . . 40
65 Amendment of s 102 (Parking regulation involves installing official traffic
signs) ................................................... 40
66 Amendment of s 103 (Examples of how parking may be regulated) . . . . . . 41
67 Amendment of s 105 (Paid parking) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
68 Amendment of s 108 (Local laws about minor traffic offences) . . . . . . . . . . 42
69 Amendment of sch 3 (Reviewable decisions) . . . . . . . . . . . . . . . . . . . . . . . . 42
5
Transport and Other Legislation Amendment Bill 2004
PART 6--AMENDMENT OF TRANSPORT PLANNING AND
COORDINATION ACT 1994
70 Act amended in pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
71 Amendment of s 25 (General powers regarding property) . . . . . . . . . . . . . . 42
PART 7--AMENDMENT OF LAND ACT 1994
72 Act amended in pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
73 Renumbering of ch 6, pt 1, div 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
74 Renumbering of s 290A (Explanatory format plan) . . . . . . . . . . . . . . . . . . . 43
75 Insertion of new ch 6, pt 1, div 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Division 3A--Format of plans of survey
290A Available formats for plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
290B Standard format plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
290C Volumetric format plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
76 Insertion of new ch 6, pt 1, div 3C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Division 3C--Plans of subdivision
290E Meaning of "plan of subdivision" . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
290F Plan of subdivision may be registered . . . . . . . . . . . . . . . . . . . . . . . . 44
290G Standard format plan of subdivision . . . . . . . . . . . . . . . . . . . . . . . . . 45
290H Volumetric format plan of subdivision. . . . . . . . . . . . . . . . . . . . . . . . 45
290I Division of lot on standard format plan of subdivision . . . . . . . . . . . 45
290J Requirements for registration of plan of subdivision. . . . . . . . . . . . . 45
290K Particulars to be recorded on registration of plan . . . . . . . . . . . . . . . 46
290L Lodged plan that is withdrawn and re-lodged . . . . . . . . . . . . . . . . . . 46
290M Division excluding road or watercourse . . . . . . . . . . . . . . . . . . . . . . 46
290N Pre-examination of plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
77 Insertion of new ch 6, pt 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
PART 1A--BUILDING MANAGEMENT STATEMENTS
Division 1--Application
294A Application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Division 2--Building management statements
294B Building management statement may be registered . . . . . . . . . . . . . 47
294C Circumstances under which building management statement may
be registered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
6
Transport and Other Legislation Amendment Bill 2004
294D Content of building management statement . . . . . . . . . . . . . . . . . . . 48
294E Registration of building management statement . . . . . . . . . . . . . . . . 49
294F Amending a building management statement . . . . . . . . . . . . . . . . . . 49
294G Building management statement if lots owned by 1 lessee . . . . . . . . 49
294H One person becoming lessee of all lots . . . . . . . . . . . . . . . . . . . . . . . 50
294I Extinguishing a building management statement . . . . . . . . . . . . . . . 50
294J Building management statement affecting freehold and
non-freehold land .................................... 50
78 Amendment of s 352 (Plan of survey must be registered if needed). . . . . . . 51
79 Amendment of s 392 (Delegation by Minister). . . . . . . . . . . . . . . . . . . . . . . 51
80 Amendment of sch 6 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
PART 8--AMENDMENT OF LAND TITLE ACT 1994
81 Act amended in pt 8 and sch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
82 Insertion of new s 54J . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
54J Building management statement affecting freehold and
non-freehold land .................................... 53
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 54
MINOR AND CONSEQUENTIAL AMENDMENTS
LAND ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
TRANSPORT INFRASTRUCTURE ACT 1994 . . . . . . . . . . . . . . . . . . . . . 54
TRANSPORT OPERATIONS (MARINE SAFETY) ACT 1994 . . . . . . . . . 55
TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994. . 55
TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 57
2004
A BILL
FOR
An Act to amend legislation administered by the Minister for
Transport and Main Roads, and for other purposes
s1 8 s4
Transport and Other Legislation Amendment Bill 2004
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Transport and Other Legislation 4
Amendment Act 2004. 5
2 Commencement
Clause 6
The following provisions of the Act commence on proclamation-- 7
· section 55 (to the extent it inserts sections 160 and 161) 8
· schedule, amendment of the Land Title Act 1994. 9
PART 2--AMENDMENT OF TRANSPORT 10
INFRASTRUCTURE ACT 1994 11
3 Act amended in pt 2 and sch
Clause 12
This part and the schedule amend the Transport Infrastructure Act 1994. 13
4 Insertion of new s 239A
Clause 14
Chapter 7, part 7-- 15
insert-- 16
`239A Effect of resumption of particular interests in land 17
`(1) This section applies if, under the resumption laws, the chief 18
executive, for the State, acquires an interest in land that is less than a 19
freehold interest (the "acquired land") for use by a railway manager as 20
part of a rail transport corridor. 21
s5 9 s5
Transport and Other Legislation Amendment Bill 2004
`(2) The acquired land is free of any interest or obligation arising under 1
the interest that was acquired. 2
`(3) The chief executive, for the State, may exercise all the powers of an 3
owner in relation to the acquired land. 4
`(4) The chief executive must, as soon as practicable, arrange for the 5
acquired land to become unallocated State land for the purposes of 6
section 240. 7
`(5) However, the chief executive may delay the acquired land becoming 8
unallocated State land until any proposed rail transport infrastructure is 9
built or substantially built and the boundaries of the land are more 10
accurately defined. 11
`(6) The Acquisition of Land Act 1967, section 12(2A),1 does not apply 12
to the acquired land. 13
`(7) In this section-- 14
"resumption laws" means -- 15
(a) the Transport Planning and Coordination Act 1994, section 25; 2
16
and 17
(b) the Acquisition of Land Act 1967.'. 18
5 Insertion of new s 260A
Clause 19
After section 260-- 20
insert-- 21
`260A Transfer of obligations for existing railway to new railway 22
manager 23
`(1) This section applies if-- 24
(a) Queensland Rail has obligations under section 260 in relation to 25
a railway that it leases; and 26
(b) Queensland Rail surrenders the lease of the railway; and 27
(c) the railway is leased to another railway manager; and 28
1 Acquisition of Land Act 1967, section 12 (Effect of gazette resumption notice)
2 Transport Planning and Coordination Act 1994, section 25 (General powers
regarding property)
s6 10 s8
Transport and Other Legislation Amendment Bill 2004
(d) the other railway manager operates the railway as a railway. 1
`(2) After the railway is leased to the other railway manager, the other 2
railway manager must satisfy Queensland Rail's obligations under 3
section 260. 4
`(3) However, Queensland Rail continues to be responsible for any 5
obligations that arose before the lease of the railway was surrendered.'. 6
6 Amendment of s 521 (Definitions for pt 3)
Clause 7
Section 521, definition "previous", `with that number as in force'-- 8
omit, insert-- 9
`as that provision existed'. 10
7 Insertion of new s 530
Clause 11
Chapter 18, part 3-- 12
insert-- 13
`530 Declaration about s 521, definition "previous" 14
`It is declared that, for the period starting on 1 December 2003 to 15
immediately before the commencement of this section, the definition 16
"previous" in section 521 is taken to have included `as that provision 17
existed' instead of `with that number as in force'.'. 18
PART 3--AMENDMENT OF TRANSPORT 19
OPERATIONS (MARINE SAFETY) ACT 1994 20
8 Act amended in pt 3 and sch
Clause 21
This part and the schedule amend the Transport Operations (Marine 22
Safety) Act 1994. 23
s9 11 s 11
Transport and Other Legislation Amendment Bill 2004
9 Replacement of s 212 (Regulations may give effect to Uniform
Clause 1
Shipping Laws Code) 2
Section 212-- 3
omit, insert-- 4
`212 Regulations may give effect to agreements or documents about 5
ships approved by Australian entity 6
`A regulation may give effect (with or without changes and whether in 7
whole or part) to an agreement or document about ships approved by an 8
Australian entity whose functions include matters relating to marine safety. 9
10
Example--
11
Uniform Shipping Laws Code adopted by the Australian Transport Council.3'.
PART 4--AMENDMENT OF TRANSPORT 12
OPERATIONS (PASSENGER TRANSPORT) ACT 1994 13
10 Act amended in pt 4 and sch
Clause 14
This part and the schedule amend the Transport Operations (Passenger 15
Transport) Act 1994. 16
11 Insertion of new s 4A
Clause 17
Chapter 1, after section 4-- 18
insert-- 19
`4A Act does not prevent local law from imposing additional 20
requirements 21
`This Act does not prevent a local government from making a local law 22
imposing requirements that are additional to requirements under this Act 23
for the protection of property or infrastructure relating to public passenger 24
transport in its local government area.'. 25
3 The Australian Transport Council comprises Commonwealth, State, Territory and
New Zealand Ministers responsible for transport, roads and marine and ports issues.
s 12 12 s 14
Transport and Other Legislation Amendment Bill 2004
12 Amendment of s 12 (What is operator accreditation)
Clause 1
Section 12(2)(a), after `a service'-- 2
insert-- 3
`using a fixed track vehicle'. 4
13 Amendment of s 24 (What is driver authorisation)
Clause 5
Section 24(2)(a), after `a service'-- 6
insert-- 7
`using a fixed track vehicle'. 8
14 Amendment of s 43 (Obligation to hold service contracts)
Clause 9
(1) Section 43(1)(a) and (b)-- 10
omit, insert-- 11
`(a) if the service contract area or route is in the Translink area-- 12
(i) a Translink service contract; or 13
(ii) a written agreement with the chief executive that is not a 14
service contract; or 15
(iii) with the chief executive's approval, a written agreement 16
with the holder of a Translink service contract; or 17
(b) in any other case-- 18
(i) a service contract; or 19
(ii) a written agreement with the holder of a service contract.'. 20
(2) Section 43(1), penalty, paragraph (b)-- 21
omit, insert-- 22
`(b) if the service contract area or route is in the Translink 23
area--160 penalty units; or 24
(c) in any other case--30 penalty units.'. 25
s 15 13 s 18
Transport and Other Legislation Amendment Bill 2004
15 Amendment of s 46 (Review of holder's performance)
Clause 1
(1) After section 46(1A)-- 2
insert-- 3
`(1B) Subsections (4) to (7) do not apply to a Translink service 4
contract.'. 5
(2) Section 46-- 6
insert-- 7
`(7A) On a review of a Translink service contract, the chief executive 8
must take into account whether the holder is meeting the requirements of 9
the holder's service contract.'. 10
16 Amendment of s 51 (Conditions of funding)
Clause 11
(1) Section 51(2) and (3)-- 12
renumber as section 51(3) and (4). 13
(2) Section 51-- 14
insert-- 15
`(2) Subsection (1) does not apply to a Translink service contract.'. 16
17 Insertion of new s 54A
Clause 17
Chapter 6, part 2, division 2, before section 55-- 18
insert-- 19
`54A Application of div 2 20
`This division applies to all service contracts for scheduled passenger 21
services, other than Translink service contracts.'. 22
18 Insertion of new ch 6, pt 2, div 2AA
Clause 23
After section 62A-- 24
insert-- 25
s 18 14 s 18
Transport and Other Legislation Amendment Bill 2004
`Division 2AA--Translink service contracts 1
`62AAA Purpose of div 2AA 2
`The purpose of this division is to provide for arrangements between the 3
chief executive and operators to facilitate an integrated ticketing system in 4
the SEQ area. 5
`62AAB Definition for div 2AA 6
`In this division-- 7
"prescribed day", in relation to a notice under this division, means the day 8
stated in the notice, being not less than 28 days after the date of the 9
notice. 10
`62AAC What is a Translink service contract 11
`(1) A "Translink service contract" is a service contract for scheduled 12
passenger services in the Translink area under which-- 13
(a) the holder charges the fare set by the chief executive; and 14
(b) the State retains the revenue; and 15
(c) the State pays the holder for the services provided under the 16
contract. 17
`(2) A Translink service contract does not give the holder the exclusive 18
right to operate a scheduled passenger service in the Translink area. 19
`(3) For subsection (1), it does not matter whether the service contract 20
was entered into before or after the commencement of this section. 21
`62AAD Offer of new Translink service contract 22
`(1) This section applies if the chief executive-- 23
(a) decides the performance of a holder of a Translink service 24
contract (the "existing contract") has been satisfactory; and 25
(b) proposes, at the end of the term of the existing contract, to invite 26
offers for a new Translink service contract-- 27
(i) for the same kind of scheduled passenger service provided 28
under the existing contract; or 29
s 18 15 s 18
Transport and Other Legislation Amendment Bill 2004
(ii) for those services and additional services for the same area 1
or route defined in the existing contract. 2
`(2) The chief executive must, by written notice, invite the holder to offer 3
for the new Translink service contract. 4
`(3) The chief executive may invite offers from any or all other holders 5
of Translink service contracts or from the public only if the holder-- 6
(a) refuses the invitation; or 7
(b) fails to respond to the invitation by the prescribed day; or 8
(c) fails to make an offer that is acceptable or, despite 9
section 62AAE, is substantially acceptable. 10
`(4) This section does not apply in relation to an existing contract-- 11
(a) that is an emergency service contract; or 12
(b) that is a service contract in relation to which an option to renew 13
may be exercised; or 14
(c) that states this section does not apply to it. 15
`62AAE Matters to be considered generally when considering offers 16
for Translink service contracts 17
`(1) The chief executive-- 18
(a) is not obliged to accept any offer for a Translink service contract; 19
and 20
(b) may only accept an offer for a Translink service contract if the 21
chief executive considers the offer to be acceptable for the 22
contract. 23
`(2) In deciding if an offer for a Translink service contract is acceptable, 24
the chief executive must have regard to at least the following-- 25
(a) the ability of each offerer to meet the minimum service levels 26
and other standards of performance specified in the invitation to 27
offer; 28
(b) the cost of providing the scheduled passenger service; 29
(c) the need for sustainability and continuity of services; 30
(d) any matters prescribed under a regulation. 31
s 18 16 s 18
Transport and Other Legislation Amendment Bill 2004
`(3) In deciding between 2 or more acceptable offers, the chief executive 1
must select the offer the chief executive considers to be the best having 2
regard to the matters mentioned in subsection (2)(a) to (d). 3
`62AAF Unsatisfactory performance of Translink service contract 4
holder 5
`If the chief executive decides, for section 62AAD, that a service 6
contract holder's performance under a Translink service contract has not 7
been satisfactory, the chief executive must give the holder written notice of 8
the decision and the reasons for it. 9
`62AAG New service contract area or route in the Translink area 10
`(1) This section applies if the chief executive-- 11
(a) has declared a service contract area or route under section 42 12
("new service area");4 and 13
(b) the new service area is proposed to be in the Translink area ("the 14
proposal"). 15
`(2) The chief executive must-- 16
(a) give written notice of the proposal to all affected operators; and 17
(b) allow the affected operators a reasonable opportunity to make 18
written representations to the chief executive about the proposal 19
by the prescribed day. 20
`(3) If, after considering all written representations made by the 21
prescribed day, the chief executive intends continuing with the proposal, 22
the chief executive may do any of the following-- 23
(a) give an affected operator, by written notice, the opportunity to 24
offer, by the prescribed day, to provide a scheduled passenger 25
service for the new service area (the "new service"); 26
(b) invite any or all holders of Translink service contracts, by written 27
notice, to offer by the prescribed day, to provide the new service; 28
(c) invite the public, by public notice, to offer to provide the new 29
service. 30
4 Section 42 (Declaration that service contracts are required)
s 18 17 s 18
Transport and Other Legislation Amendment Bill 2004
`(4) If the chief executive acts under subsection (3)(a) and either-- 1
(a) an affected operator makes no offer, or if there is more than 2
1 affected operator, no affected operator makes an offer, by the 3
prescribed day; or 4
(b) if 1 or more offers are made, the chief executive decides no offer 5
made is acceptable under section 62AAE; 6
the chief executive may invite offers from any or all holders of Translink 7
service contracts or from the public under subsection (3)(b) or (c) to 8
provide the new service. 9
`(5) If the chief executive acts under subsection (3)(b) and no holder of a 10
Translink service contract-- 11
(a) makes an offer by the prescribed day; or 12
(b) makes an offer that the chief executive decides is acceptable 13
under section 62AAE; 14
the chief executive may invite offers from the public under 15
subsection (3)(c) to provide the new service. 16
`(6) However, if-- 17
(a) an offer is made under subsection (3)(a) or (b) by the prescribed 18
day; and 19
(b) the chief executive considers the offer substantially meets the 20
requirements of an offer that would be acceptable under 21
section 62AAE; 22
the chief executive may defer inviting offers under subsection (3)(b) or (c) 23
to allow an opportunity for a contract to be concluded with the offerer. 24
`(7) In this section-- 25
"affected operator" means-- 26
(a) the holder of a Translink service contract providing a scheduled 27
passenger service in the new service area, or in a service area or 28
route adjacent to the new service area; or 29
(b) any other operator providing a scheduled passenger service in the 30
new service area. 31
s 18 18 s 18
Transport and Other Legislation Amendment Bill 2004
`62AAH Compensation 1
`(1) This section applies if, following a proposal mentioned in 2
section 62AAG-- 3
(a) the new service area is prescribed under a regulation to be in the 4
Translink area; and 5
(b) an affected operator mentioned in section 62AAG, other than the 6
holder of a Translink service contract-- 7
(i) did not offer to provide the new service; or 8
(ii) is not awarded a Translink service contract to provide the 9
new service. 10
`(2) The affected operator may claim compensation from the State. 11
`(3) The amount of compensation payable to the affected operator is to 12
be decided by agreement between the chief executive and the operator or, if 13
there is no agreement, by an arbitrator appointed by the chief executive and 14
the operator. 15
`(4) Without limiting the matters an arbitrator may or may not take into 16
account, a regulation may provide for matters to be considered, or not 17
considered, in deciding the amount of compensation. 18
`(5) The Commercial Arbitration Act 1990 applies to the arbitration. 19
`62AAI What happens when Translink service contract is surrendered, 20
cancelled or terminated 21
`(1) This section applies if a Translink service contract is surrendered, 22
cancelled or terminated, whether by the chief executive or by the operator. 23
`(2) The chief executive may do either of the following-- 24
(a) invite any or all holders of Translink service contracts, by written 25
notice, to offer by the prescribed day for the Translink service 26
contract; 27
(b) invite the public, by public notice, to offer for the Translink 28
service contract. 29
`(3) If the chief executive acts under subsection (2)(a) and either-- 30
(a) no holder of a Translink service contract makes an offer by the 31
prescribed day; or 32
s 19 19 s 21
Transport and Other Legislation Amendment Bill 2004
(b) if 1 or more offers are made, the chief executive decides no offer 1
made is acceptable under section 62AAE; 2
the chief executive may invite offers from the public under 3
subsection (2)(b) for the Translink service contract. 4
`(4) However, if-- 5
(a) an offer is made under subsection (2)(a) by the prescribed day; 6
and 7
(b) the chief executive considers the offer substantially meets the 8
requirements of an offer that would be acceptable under 9
section 62AAE; 10
the chief executive may defer inviting offers from the public under 11
subsection (2)(b) to allow an opportunity for a contract to be concluded 12
with the offerer.'. 13
19 Replacement of s 101 (Standards do not apply to railway
Clause 14
managers or operators) 15
Section 101-- 16
omit, insert-- 17
`101 Application of standards to railway managers or railway 18
operators 19
`Standards do not apply to a railway manager or railway operator in 20
relation to a public passenger service provided using a fixed track vehicle.'. 21
20 Omission of ch 11, pt 2
Clause 22
Chapter 11, part 2-- 23
omit. 24
21 Renumbering of ch 11, pt 1
Clause 25
Chapter 11, part 1-- 26
renumber as chapter 11, part 2. 27
s 22 20 s 23
Transport and Other Legislation Amendment Bill 2004
22 Insertion of new ch 11, pt 1
Clause 1
Chapter 11-- 2
insert-- 3
`PART 1--INTERPRETATION 4
`110 Definition for ch 11 5
`In this chapter-- 6
"relevant transport legislation" means-- 7
(a) this Act; or 8
(b) the Transport Infrastructure Act 1994, chapter 7 or 14;5 or 9
(c) a regulation in relation to a railway made under the Transport 10
Infrastructure Act 1994.'. 11
23 Amendment of s 111 (Appointment of authorised persons etc.)
Clause 12
(1) Section 111(1) and (1A), after `authorised person'-- 13
insert-- 14
`for relevant transport legislation'. 15
(2) Section 111(1A)(b)-- 16
omit, insert-- 17
`(b) an employee of, or a contractor for, a railway manager or railway 18
operator; 19
(c) an employee of a contractor mentioned in paragraph (b); 20
(d) another person prescribed under a regulation.'. 21
(3) Section 111-- 22
insert-- 23
`(5) An authorised person who is a person mentioned in 24
subsection (2)(b) or (c) may exercise a power under this Act only in 25
relation to a railway managed or operated by the railway manager or 26
5 Transport Infrastructure Act 1994, chapter 7 (Rail transport infrastructure and other
matters) or 14 (Transporting dangerous goods by rail)
s 24 21 s 26
Transport and Other Legislation Amendment Bill 2004
railway operator of whom the person is an employee, a contractor or an 1
employee of a contractor. 2
`(6) Subsection (5) does not apply to an authorised person who is-- 3
(a) an employee of, or a contractor for, Queensland Rail; or 4
(b) an employee of a contractor for Queensland Rail.'. 5
(4) Section 111(1A) to (3)-- 6
renumber as section 111(2) to (4). 7
24 Amendment of s 112 (Identity cards)
Clause 8
(1) Section 112(4)-- 9
relocate and renumber as section 112(1A). 10
(2) Section 112(1A) to (3)-- 11
renumber as section 112 (2) to (4). 12
25 Amendment of s 114 (Powers of authorised persons)
Clause 13
Section 114(1)-- 14
omit, insert-- 15
`(1) An authorised person has the powers given under relevant transport 16
legislation.'. 17
26 Amendment of s 115 (Protection from liability)
Clause 18
(1) Section 115(2), from `this Act'-- 19
omit, insert-- 20
`relevant transport legislation'. 21
(2) Section 115(3)-- 22
omit, insert-- 23
`(3) If subsection (2) prevents a civil liability attaching to a person, the 24
liability attaches instead to-- 25
(a) if the authorised person is employed by a railway manager or 26
railway operator and is exercising a power in relation to a 27
railway--the manager or operator of the railway; or 28
s 27 22 s 30
Transport and Other Legislation Amendment Bill 2004
(b) in any other case--the State. 1
`(4) For subsection (3)(a), a person is employed by a railway manager or 2
railway operator if the person is-- 3
(a) an employee of, or a contractor for, the railway manager or 4
operator; or 5
(b) an employee of a contractor mentioned in paragraph (a).'. 6
27 Amendment of s 126 (Procedure after thing seized)
Clause 7
Section 126(4) to (6)-- 8
omit. 9
28 Amendment of s 126D (Forfeiture of seized things)
Clause 10
Section 126D(1)(c), after `against'-- 11
insert-- 12
`this Act or'. 13
29 Insertion of new s 126P
Clause 14
Chapter 11, part 4, before section 127-- 15
insert-- 16
`126P Definition for pt 4 17
`In this part-- 18
"relevant offence" means an offence against relevant transport 19
legislation.'. 20
30 Replacement of s 127 (Power to require name and address)
Clause 21
Section 127-- 22
omit, insert-- 23
`127 Power to require name, address and age 24
`(1) An authorised person may require a person to state the person's 25
name and address if the authorised person-- 26
s 31 23 s 31
Transport and Other Legislation Amendment Bill 2004
(a) finds the person committing a relevant offence; or 1
(b) finds the person in circumstances that lead, or has information 2
that leads, the authorised person to reasonably suspect that the 3
person has just committed a relevant offence. 4
`(2) The authorised person may also require the person to state the 5
person's age if the authorised person reasonably suspects that the person's 6
age is required for the enforcement of relevant transport legislation. 7
`(3) When making the requirement, the authorised person must warn the 8
person that it is an offence to fail to state the person's name and address 9
and, if relevant, age unless the person has a reasonable excuse. 10
`(4) The authorised person may require the person to give evidence of 11
the correctness of the person's stated name, address or age if the authorised 12
person reasonably suspects that the stated name, address or age is false. 13
`(5) A person must comply with the authorised person's requirement 14
under subsection (1), (2) or (4), unless the person has a reasonable excuse. 15
Maximum penalty--40 penalty units. 16
`(6) A person does not commit an offence against this section if-- 17
(a) the person was required to state the person's name, address or 18
age by an authorised person who suspected the person had 19
committed a relevant offence; and 20
(b) the person is not proved to have committed the offence.'. 21
31 Amendment of s 128 (Power to require information from certain
Clause 22
persons) 23
(1) Section 128(1), `suspects on reasonable grounds'-- 24
omit, insert-- 25
`reasonably suspects'. 26
(2) Section 128(1)(a), `an offence against this Act'-- 27
omit, insert-- 28
`a relevant offence'. 29
(3) Section 128(1)(b)-- 30
omit, insert-- 31
s 32 24 s 35
Transport and Other Legislation Amendment Bill 2004
`(b) the offence relates to the construction, operation, maintenance or 1
repair of a public passenger vehicle or a railway; and'. 2
32 Amendment of s 130 (False or misleading information)
Clause 3
Section 130(1)(a) and (b), `, authorised person for a railway'-- 4
omit. 5
33 Amendment of s 131 (False, misleading or incomplete documents)
Clause 6
Section 131(1) and (2), `, authorised person for a railway'-- 7
omit. 8
34 Amendment of s 135 (Obstructing authorised person or
Clause 9
authorised person for a railway) 10
(1) Section 135, heading-- 11
omit, insert-- 12
`135 Obstructing authorised person'. 13
(2) Section 135(1), from `or an' to `(an "official")'-- 14
omit. 15
(3) Section 135(2), `official'-- 16
omit, insert-- 17
`authorised person'. 18
35 Amendment of s 136 (Impersonating authorised person or
Clause 19
authorised person for a railway) 20
(1) Section 136, heading-- 21
omit, insert-- 22
`136 Impersonating authorised person'. 23
(2) Section 136, `or an authorised person for a railway'-- 24
omit. 25
s 36 25 s 37
Transport and Other Legislation Amendment Bill 2004
36 Amendment and relocation of s 139 (Power to require production
Clause 1
of tickets) 2
(1) Section 139(1) to (3)-- 3
omit, insert-- 4
`(1) The driver or an authorised person may require anyone who is 5
travelling or attempting to travel on a public passenger vehicle to produce 6
to the driver or authorised person the person's ticket for the journey. 7
`(2) If the driver or an authorised person reasonably suspects that a 8
person has just travelled on a public passenger vehicle, the driver or 9
authorised person may require the person to produce to the driver or 10
authorised person the person's ticket for the journey. 11
`(3) If the driver or the authorised person reasonably suspects that the 12
ticket produced to the driver or authorised person is an invalid ticket, the 13
driver or authorised person may require the person to give it to the driver or 14
authorised person.'. 15
(2) Section 139(5), after `subsection (4)'-- 16
insert-- 17
`in relation to travel by rail'. 18
(3) Section 139-- 19
insert-- 20
`(6) In this section-- 21
"invalid ticket" means an invalid ticket as defined under 22
section 143AB(2).'. 23
(4) Section 139-- 24
relocate and renumber as section 143ADA. 25
37 Amendment and relocation of s 140 (Power to require person to
Clause 26
leave train etc.) 27
(1) Section 140(1), `for a railway'-- 28
omit. 29
s 38 26 s 41
Transport and Other Legislation Amendment Bill 2004
(2) Section 140(1)(a), `141, 142 or 143'-- 1
omit, insert-- 2
`143AC or 143AF6'. 3
(3) Section 140(2) and (3)-- 4
omit. 5
(4) Section 140(4)-- 6
renumber as section 140(2). 7
(5) Section 140-- 8
relocate and renumber as section 143AHA. 9
38 Omission of ch 11, pt 6
Clause 10
Chapter 11, part 6, as amended-- 11
omit. 12
39 Omission of ch 11, pt 7, hdg
Clause 13
Chapter 11, part 7, heading-- 14
omit. 15
40 Omission of ss 141143
Clause 16
Sections 141 to 143-- 17
omit. 18
41 Amendment and relocation of s 143A (Evidence of concession
Clause 19
entitlement) 20
(1) Section 143A(2)-- 21
omit, insert-- 22
6 Section 143AC (Fare evasion) or 143AF (Creating disturbance or nuisance on
railway or vehicle)
s 42 27 s 43
Transport and Other Legislation Amendment Bill 2004
`(2) The driver or an authorised person may require anyone who is 1
travelling or about to travel on a concession ticket to produce evidence of 2
the person's entitlement to the concession.'. 3
(2) Section 143A-- 4
relocate and renumber as section 143ADB. 5
42 Omission of s 143AB (Application of ch 11A)
Clause 6
Section 143AB-- 7
omit. 8
43 Amendment of s 143AC (Definitions for ch 11A)
Clause 9
(1) Section 143AC, definitions "driver" and "over-travel"-- 10
omit. 11
(2) Section 143AC-- 12
insert-- 13
` "driver" includes-- 14
(a) a conductor or train guard on or near a public passenger vehicle 15
who is operating in relation to the vehicle; and 16
(b) for a ferry, the master of the ferry or a deckhand operating in 17
relation to the ferry. 18
"master" see the Transport Operations (Marine Safety) Act 1994, 19
section 7. 20
"tag off" means present a smartcard to a smartcard reader on completing a 21
journey, or part of a journey, resulting in a response from the 22
smartcard reader that the transaction is successful. 23
"tag on" means present a smartcard to a smartcard reader on starting a 24
journey, or part of a journey, resulting in a response from the 25
smartcard reader that the transaction is successful.'. 26
(3) Section 143AC-- 27
renumber as section 143AA. 28
s 44 28 s 44
Transport and Other Legislation Amendment Bill 2004
44 Insertion of new s 143AB
Clause 1
After section 143AA-- 2
insert-- 3
`143AB When does a person evade payment of a fare 4
`(1) A person "evades payment of a fare" in relation to a public 5
passenger vehicle if the person-- 6
(a) when attempting to travel, for an intended journey-- 7
(i) does not, without a reasonable excuse, pay the fare lawfully 8
required; or 9
(ii) if using a smartcard, does not tag on; or 10
(iii) attempts to travel on an invalid ticket; or 11
(b) in relation to all or part of a journey travelled-- 12
(i) does not, without a reasonable excuse, pay the fare lawfully 13
required or, if using a smartcard, does not tag on; or 14
(ii) travels on a concession fare without being entitled to the 15
concession; or 16
(iii) travels on an invalid ticket; or 17
(iv) travels by railway in a railway carriage of a higher class than 18
that paid for and shown on the person's ticket for the 19
journey. 20
`(2) In this section-- 21
"invalid ticket" means a ticket for a journey for which a ticket is required 22
that-- 23
(a) is used, or attempted to be used-- 24
(i) to over-travel the fare that was paid for the journey, without 25
reasonable excuse; or 26
(ii) for a journey that is not the journey for which the ticket was 27
issued; or 28
(iii) if the ticket is non-transferrable, by a person who is not the 29
first user of the ticket; or 30
(b) has been altered or defaced; or 31
(c) is counterfeit. 32
s 45 29 s 46
Transport and Other Legislation Amendment Bill 2004
"over-travel", in relation to a fare, means remain on a public passenger 1
vehicle after the place, distance or time covered by the fare paid for 2
the journey has been reached and includes, for a smartcard, tag off 3
before the completion of the journey or part of the journey.'. 4
45 Replacement of s 143AD (Fare evasion and obtaining hire of
Clause 5
vehicle by fraud etc.) 6
Section 143AD-- 7
omit, insert-- 8
`143AC Fare evasion 9
`A person must not evade payment of the fare lawfully required for the 10
person's use or hire of a public passenger vehicle. 11
Maximum penalty--40 penalty units or 6 months imprisonment. 12
`143AD Obtaining hire or use of vehicle by fraud or misrepresentation 13
`A person must not obtain, or attempt to obtain, the use or hire of a 14
public passenger vehicle by fraud or misrepresentation. 15
Maximum penalty--40 penalty units or 6 months imprisonment.'. 16
46 Amendment of s 143AE (Vehicle and equipment not to be
Clause 17
interfered with) 18
(1) Section 143AE, heading-- 19
omit, insert-- 20
`143AE Interfering with service, vehicle or equipment'. 21
(2) Section 143AE(1)-- 22
omit, insert-- 23
`(1) A person must not wilfully and unlawfully interfere with a public 24
passenger service, public passenger vehicle or service equipment. 25
Maximum penalty--40 penalty units or 6 months imprisonment.'. 26
s 47 30 s 49
Transport and Other Legislation Amendment Bill 2004
47 Replacement of s 143AF (Creating disturbance or nuisance on
Clause 1
vehicle) 2
Section 143AF-- 3
omit, insert-- 4
`143AF Creating disturbance or nuisance on railway or vehicle 5
`A person must not create a disturbance or nuisance while on a railway 6
or public passenger vehicle, unless the person has a reasonable excuse. 7
Maximum penalty--40 penalty units or 6 months imprisonment.'. 8
48 Amendment of s 143AG (Direction to leave, or not to enter,
Clause 9
vehicle) 10
(1) Section 143AG(1)-- 11
omit, insert-- 12
`(1) Subsection (2) applies if the driver or an authorised person 13
reasonably believes that a person who is on, or about to enter, a public 14
passenger vehicle-- 15
(a) is creating, or is likely to create, a disturbance or nuisance on the 16
vehicle; or 17
(b) is causing, or is likely to cause a danger to anyone; or 18
(c) is contravening, or has just contravened, section 143AC or 19
143AE.'. 20
(2) Section 143AG-- 21
insert-- 22
`(5) In this section-- 23
"over-travel" means "over-travel as defined under section 143AB(2).'. 24
49 Amendment of s 143AH (Direction to leave vehicle)
Clause 25
(1) Section 143AH, heading-- 26
omit, insert-- 27
`143AH Direction to leave or not to enter vehicle that is full'. 28
s 50 31 s 53
Transport and Other Legislation Amendment Bill 2004
(2) Section 143AH(3), after `leave'-- 1
insert-- 2
`, or not to enter,'. 3
(3) Section 143AH(1) and (2)-- 4
relocate and renumber as section 143AG(3) and (4). 5
50 Replacement of s 143AK (Offence to contravene direction)
Clause 6
Section 143AK-- 7
omit, insert-- 8
`143AK Offence to contravene direction 9
`A person must not contravene a direction given to the person under this 10
chapter, unless the person has a reasonable excuse. 11
Maximum penalty--40 penalty units.'. 12
51 Amendment of s 149 (Offences of dishonesty)
Clause 13
Section 149(1), after `must not'-- 14
insert-- 15
`apply for or'. 16
52 Amendment of s 152 (No need to prove appointments)
Clause 17
Section 152, `for a railway'-- 18
omit. 19
53 Amendment of s 154 (Attempt to commit offence)
Clause 20
Section 154-- 21
insert-- 22
s 54 32 s 55
Transport and Other Legislation Amendment Bill 2004
`(3) However, this section does not apply to an offence under 1
section 143AC or 143AD.7'. 2
54 Amendment of s 154B (Definitions for pt 2)
Clause 3
Section 154B, definitions "fare" and "service equipment"-- 4
relocate to schedule 3. 5
55 Insertion of new ch 13, pt 1A
Clause 6
After section 156-- 7
insert-- 8
`PART 1A--TRANSITIONAL PROVISIONS FOR 9
TRANSPORT AND OTHER LEGISLATION 10
AMENDMENT ACT 2004 11
`157 Authorised persons 12
`(1) A person who, immediately before the commencement of this 13
section, was an authorised person for a railway under section 116(1) or (2)8 14
or an authorised person for a light rail under section 116(2A) is taken to be 15
an authorised person under section 111.9 16
`(2) Subsection (1) does not affect any limitation on the powers of the 17
authorised person existing immediately before the commencement of this 18
section. 19
`158 Offers for Translink service contracts 20
`(1) This section applies if, before the commencement of this section, the 21
chief executive has, under section 62,10 invited a service contract holder 22
mentioned in schedule 2A, column 1 to offer for a Translink service 23
contract. 24
7 Section 143AC (Fare evasion) or 143AD (Obtaining hire or use of vehicle by fraud
or misrepresentation)
8 Section 116 (Appointment of authorised persons for railways or light rail)
9 Section 111 (Appointment of authorised persons etc.)
10 Section 62 (Offer of new service contract)
s 55 33 s 55
Transport and Other Legislation Amendment Bill 2004
`(2) The invitation to offer replaces any right ("existing right") the 1
holder may have to offer for a new service contract, and the holder's 2
existing right is extinguished. 3
`(3) If the holder-- 4
(a) refuses the invitation mentioned in subsection (1); or 5
(b) fails to respond to the invitation within the time allowed by the 6
chief executive under the invitation; or 7
(c) fails to make an offer that is acceptable; 8
the chief executive may, after the commencement of this section, invite 9
offers for the Translink service contract from any or all other holders of 10
service contracts mentioned in schedule 2A, column 1 or from the public. 11
`(4) For subsection (3), it does not matter whether the refusal mentioned 12
in subsection (3)(a) or the failure to respond mentioned in subsection (3)(b) 13
happened before or after the commencement of this section. 14
`159 Matters to be considered when considering offer 15
`(1) This section applies to any consideration by the chief executive, 16
whether before or after the commencement of this section, of an offer for a 17
Translink service contract made in response to an invitation mentioned in 18
section 158(1). 19
`(2) The chief executive-- 20
(a) was not, or is not, obliged to accept any offer for the contract; 21
and 22
(b) could only have accepted, or may only accept, an offer for the 23
contract if the chief executive considered, or considers, the offer 24
to be acceptable for the contract. 25
`(3) In deciding whether the offer was or is acceptable, it is enough that 26
the chief executive had or has regard to at least the following-- 27
(a) the ability of each offerer to meet the minimum service levels 28
and other standards of performance specified in the invitation to 29
offer; 30
(b) the cost of providing the scheduled passenger service; 31
(c) the need for sustainability and continuity of services. 32
s 56 34 s 56
Transport and Other Legislation Amendment Bill 2004
`160 Termination of particular service contracts in SEQ area 1
`(1) This section applies if a service contract holder mentioned in 2
schedule 2A, column 1-- 3
(a) is the holder of a service contract for a service contract area or 4
route listed opposite the holder's name in schedule 2A, column 2 5
that is in force immediately before 6.00 p.m. on 25 June 2004; 6
and 7
(b) does not enter into a Translink service contract before 6.00 p.m. 8
on 25 June 2004. 9
`(2) The holder's service contract for the area or route mentioned in 10
column 2 is terminated at 6.00 p.m. on 25 June 2004. 11
`161 Compensation 12
`(1) A holder may claim compensation from the State if-- 13
(a) the holder's service contract is terminated because of 14
section 160; and 15
(b) the holder does not enter into a Translink service contract. 16
`(2) The amount of compensation is to be decided by agreement between 17
the chief executive and the holder or, if there is no agreement, by an 18
arbitrator appointed by the chief executive and the holder. 19
`(3) Without limiting the matters an arbitrator may or may not take into 20
account, a regulation may provide for matters to be considered, or not 21
considered, in deciding the amount of compensation. 22
`(4) The Commercial Arbitration Act 1990 applies to the arbitration.'. 23
56 Insertion of new sch 2A
Clause 24
After schedule 2-- 25
insert-- 26
s 56 35 s 56
Transport and Other Legislation Amendment Bill 2004
`SCHEDULE 2A 1
`PARTICULAR SERVICE CONTRACTS IN SEQ AREA 2
sections 158 and 160 and schedule 3, 3
definition "Translink area", paragraph (a) 4
Service contract holder Service contract area or route
Bribie Island Coaches Pty Ltd Bribie Island and Bribie
IslandCaboolture service contract
area/route
Brisbane City Council Brisbane service contract
area/route
Arana Hills, Albany Creek and
DayboroPetrie service contract
area/route
Bus Queensland Pty Ltd Park Ridge and
BeaudesertBrisbane service
contract area/route
Caboolture Bus Lines Pty Ltd Caboolture service contract
area/route
Clark's Logan City Bus Service Logan service area
(Qld) Pty Ltd
GK & JM Thompson Pty Ltd Strathpine and Murrumba Downs
service contract area/route
Hornibrook Bus Lines Pty Ltd Redcliffe, Kallangur, Petrie and
RedcliffeBrisbane service
contract area/route
Mt Gravatt Bus Service Pty Ltd Burbank/McKenzie service
contract area/route
National Bus Company (Qld) Pty Cleveland/Redland Bay service
Ltd contract area/route
S & S Webster Investments Pty Ltd Deception Bay/Narangba service
area/route
s 57 36 s 57
Transport and Other Legislation Amendment Bill 2004
Service contract holder Service contract area or route
Surfside Buslines Pty Ltd Gold Coast service area
Transit Australia Pty Ltd Sunshine Coast service area
Westside Bus Co. Pty Ltd Ipswich/Goodna service contract
area
Camira/Springfield and Wacol
Railway Station to Inala Plaza via
Carole Park, Ellengrove, Forest
Lake and Doolandalla service
contract area/route'.
57 Amendment of sch 3 (Dictionary)
Clause 1
(1) Schedule 3, definitions "authorised person", "driver", "fare", "invalid 2
ticket", "railway" and "service equipment"-- 3
omit. 4
(2) Schedule 3-- 5
insert-- 6
` "authorised person" means a person who is, or is appointed as, an 7
authorised person under section 111. 8
"driver"-- 9
(a) generally--means the driver of a public passenger vehicle; and 10
(b) for chapter 11A--see section 143AA. 11
"evade payment of a fare" see section 143AB. 12
"fixed track vehicle" includes a train and a light rail vehicle. 13
"light rail" see the Transport Infrastructure Act 1994, schedule 6. 14
"light rail vehicle" see the Transport Infrastructure Act 1994, schedule 6. 15
"master", for chapter 11A, see section 143AA. 16
"prescribed day" for chapter 6, part 2, division 2AA, see section 62AAB. 17
"railway" includes-- 18
(a) for chapters 11 and 11A--a carpark or bus station under a 19
railway manager's control; and 20
s 57 37 s 57
Transport and Other Legislation Amendment Bill 2004
(b) in relation to the transportation of dangerous goods by rail--a 1
cableway. 2
"reasonably suspects" means suspects on reasonable grounds. 3
"relevant offence", for chapter 11, part 4, see section 126P. 4
"relevant transport legislation", for chapter 11, see section 110. 5
"SEQ area" means the local government area of the following local 6
governments-- 7
(a) the cities of Brisbane, Caloundra, Gold Coast, Ipswich, Logan, 8
Redcliffe and Toowoomba; 9
(b) the shires of Beaudesert, Boonah, Caboolture, Esk, Gatton, 10
Kilcoy, Laidley, Maroochy, Noosa, Pine Rivers and Redland. 11
"smartcard" means a card or something similar approved by the chief 12
executive on which electronic records of transit and other applications 13
are stored. 14
"tag off", for chapter 11A, see section 143AA. 15
"tag on", for chapter 11A, see section 143AA. 16
"ticket" includes a smartcard. 17
"Translink area" means-- 18
(a) the service contract areas or routes mentioned in schedule 2A, 19
column 2; and 20
(b) any other service contract areas or routes in the SEQ area that are 21
prescribed under a regulation for this definition. 22
"Translink service contract" see section 62AAC.'. 23
(3) Schedule 3, definition "ferry", after `boat'-- 24
insert-- 25
`, barge'. 26
s 58 38 s 59
Transport and Other Legislation Amendment Bill 2004
PART 5--AMENDMENT OF TRANSPORT 1
OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 2
58 Act amended in pt 5 and sch
Clause 3
This part and the schedule amend the Transport Operations (Road Use 4
Management) Act 1995. 5
59 Amendment of s 19 (Procedure for amending, suspending or
Clause 6
cancelling approvals) 7
(1) Section 19(2)(c)-- 8
omit, insert-- 9
`(c) if the proposed action was to cancel the approval-- 10
(i) amend the approval; or 11
(ii) suspend the approval for a period, including on the 12
condition that-- 13
(A) if the grounds for taking action under this section are 14
capable of being remedied by the holder, the holder 15
remedy the grounds to the chief executive's reasonable 16
satisfaction within a reasonable time before the 17
suspension period ends; and 18
(B) if the holder fails to remedy the grounds in accordance 19
with subparagraph (A), the chief executive may cancel 20
the approval under section 19A; or 21
(iii) cancel the approval.'. 22
(2) Section 19(4)(b)-- 23
renumber as section 19(4)(c). 24
(3) Section 19(4)-- 25
insert-- 26
`(b) if the approval is suspended on the condition mentioned in 27
subsection (2)(c)(ii), the approval may be cancelled under 28
section 19A if the holder fails to comply with the condition; 29
and'. 30
s 60 39 s 62
Transport and Other Legislation Amendment Bill 2004
60 Insertion of new s 19A
Clause 1
Chapter 3, part 1A-- 2
insert-- 3
`19A Cancelling suspended approval for failing to take remedial action 4
`(1) This section applies if the chief executive-- 5
(a) suspends an approval on the condition mentioned in 6
section 19(2)(c)(ii); and 7
(b) reasonably believes the holder has failed to comply with the 8
condition. 9
`(2) The chief executive may by written notice given to the holder cancel 10
the approval. 11
`(3) The notice must state-- 12
(a) the reasons for the chief executive's belief; and 13
(b) that the holder may-- 14
(i) under section 65--ask for the decision to be reviewed and 15
appeal against the reviewed decision; and 16
(ii) under the Transport Planning and Coordination Act 1994, 17
part 5--ask for the decision or the reviewed decision to be 18
stayed. 19
`(4) The cancellation takes effect on the later of the following-- 20
(a) the day the notice is given to the holder; 21
(b) the day stated in the notice.'. 22
61 Amendment of s 32 (Power to stop heavy vehicles)
Clause 23
Section 32(4), penalty, `subsection (3)'-- 24
omit, insert-- 25
`subsection (4)'. 26
62 Insertion of new s 53A
Clause 27
After section 53-- 28
insert-- 29
s 63 40 s 65
Transport and Other Legislation Amendment Bill 2004
`53A Proof of giving false and misleading statements and documents 1
`(1) This section applies to a proceeding for an offence against 2
section 52 or 53. 3
`(2) It is sufficient proof the statement was made, or the document was 4
given, to the official to prove it was made or given to a person authorised to 5
receive it. 6
`(3) It does not matter whether the person was an official or whether the 7
authorisation was a delegation, agency or any other form of authorisation 8
by which someone acts through another.'. 9
63 Amendment of s 66 (Local laws etc.)
Clause 10
(1) Section 66(3)(a)(i), after `footpath,'-- 11
insert-- 12
`shared path,'. 13
(2) Section 66-- 14
insert-- 15
`(8) In this section-- 16
"shared path" see the Transport Operations (Road Use 17
Management--Road Rules) Regulation 1999, section 242(2).11'. 18
64 Amendment of s 101 (Who may regulate parking)
Clause 19
Section 101(1), `, under a local law,'-- 20
omit. 21
65 Amendment of s 102 (Parking regulation involves installing
Clause 22
official traffic signs) 23
Section 102(1), `install'-- 24
11 Transport Operations (Road Use Management--Road Rules) Regulation 1999,
section 242 (Travelling in or on a wheeled recreational device or toy on a footpath or
shared path)
s 66 41 s 67
Transport and Other Legislation Amendment Bill 2004
omit, insert-- 1
`regulate parking by installing'. 2
66 Amendment of s 103 (Examples of how parking may be regulated)
Clause 3
(1) Section 103(3), `Under a local law,'-- 4
omit, insert-- 5
`Official traffic signs installed by'. 6
(2) Section 103(3)(d)-- 7
omit. 8
(3) Section 103(3)(e) and (f)-- 9
renumber as subsection 3(d) and (e). 10
(4) Section 103(4)(c)-- 11
omit. 12
(5) Section 103(5)(c)-- 13
omit. 14
(6) Section 103-- 15
insert-- 16
`(6) A local government may, by local law or resolution, specify the 17
following-- 18
(a) parking fees for a place or a traffic area; 19
(b) the fee for-- 20
(i) a permit mentioned in subsection (4)(a)(i) or (ii); or 21
(ii) a commercial vehicle identification label mentioned in 22
subsection (5)(a).'. 23
67 Amendment of s 105 (Paid parking)
Clause 24
Section 105(1) `has--' to `installed'-- 25
omit, insert-- 26
`has installed'. 27
s 68 42 s 71
Transport and Other Legislation Amendment Bill 2004
68 Amendment of s 108 (Local laws about minor traffic offences)
Clause 1
Section 108(4), definition "minor traffic offence"-- 2
insert-- 3
`(c) an offence against section 74 that is a contravention of an 4
indication given by an official traffic sign installed by a local 5
government under this part.'. 6
69 Amendment of sch 3 (Reviewable decisions)
Clause 7
Schedule 3-- 8
insert-- 9
`19A Cancelling suspended approvals Magistrates'.
PART 6--AMENDMENT OF TRANSPORT PLANNING 10
AND COORDINATION ACT 1994 11
70 Act amended in pt 6
Clause 12
This part amends the Transport Planning and Coordination Act 1994. 13
71 Amendment of s 25 (General powers regarding property)
Clause 14
(1) Section 25(10) and (11)-- 15
renumber as section 25(12) and (13). 16
(2) Section 25-- 17
insert-- 18
`(10) If the chief executive issues a notice of intention to resume a lease 19
of State land, or some other interest in State land that is less than freehold, 20
the chief executive must file a copy of the notice in the appropriate land 21
register kept under the Land Act 1994. 22
`(11) If the chief executive amends or discontinues a resumption 23
mentioned in subsection (10), the chief executive must immediately file a 24
notice of the amendment or discontinuance in the register.'. 25
s 72 43 s 75
Transport and Other Legislation Amendment Bill 2004
PART 7--AMENDMENT OF LAND ACT 1994 1
72 Act amended in pt 7
Clause 2
This part amends the Land Act 1994. 3
73 Renumbering of ch 6, pt 1, div 3A
Clause 4
Chapter 6, part 1, division 3A-- 5
renumber as chapter 6, part 1, division 3B. 6
74 Renumbering of s 290A (Explanatory format plan)
Clause 7
Section 290A-- 8
renumber as section 290D. 9
75 Insertion of new ch 6, pt 1, div 3A
Clause 10
Chapter 6, part 1, after section 290AA-- 11
insert-- 12
`Division 3A--Format of plans of survey 13
`290A Available formats for plans 14
`(1) A plan of survey may be in a standard or volumetric format. 15
`(2) The format to be used in the plan depends on how the plan is to 16
define the land to which it relates. 17
`290B Standard format plan 18
`A "standard format" plan of survey defines land using a horizontal 19
plane and references to marks on the ground. 20
21
Example of marks--
22
Posts in the ground.
s 76 44 s 76
Transport and Other Legislation Amendment Bill 2004
`290C Volumetric format plan 1
`A "volumetric format" plan of survey defines land using 2
3 dimensionally located points to identify the position, shape and 3
dimensions of each bounding surface.'. 4
76 Insertion of new ch 6, pt 1, div 3C
Clause 5
Chapter 6, part 1, after section 290D, as renumbered-- 6
insert-- 7
`Division 3C--Plans of subdivision 8
`290E Meaning of "plan of subdivision" 9
`A "plan of subdivision" is a plan of survey providing for 1 or more of 10
the following-- 11
(a) the division of 1 or more lots; 12
(b) the amalgamation of 2 or more lots to create a smaller number of 13
lots; 14
(c) the dedication of land to public use; 15
(d) the redefinition of a lot on a resurvey. 16
`290F Plan of subdivision may be registered 17
`(1) A plan of subdivision may be registered in the appropriate register 18
in the land registry. 19
`(2) A lot defined in the plan is created as a lot when the plan is 20
registered. 21
`(3) The registration of a plan of subdivision does not limit anything the 22
Governor in Council or Minister may do under this Act. 23
`(4) On the registration of a plan of subdivision of transport land, the 24
description of the land is amended as provided by the plan of subdivision. 25
`(5) Subsection (4) is not limited by section 360.12 26
12 Section 360 (Governor in Council may change leases)
s 76 45 s 76
Transport and Other Legislation Amendment Bill 2004
`290G Standard format plan of subdivision 1
`A standard format plan of subdivision may only divide a standard 2
format lot. 3
`290H Volumetric format plan of subdivision 4
`A volumetric format plan of subdivision may divide a lot on a standard 5
or volumetric format plan of subdivision. 6
`290I Division of lot on standard format plan of subdivision 7
`(1) This section applies if a volumetric format plan of subdivision 8
divides a standard format lot, creating 2 or more lots. 9
`(2) If, after the division, a created lot continues to be defined using a 10
horizontal plane and references to marks on the ground, the created lot is a 11
standard lot. 12
`290J Requirements for registration of plan of subdivision 13
`(1) A plan of subdivision must-- 14
(a) show all proposed lots marked with separate and distinct 15
numbers; and 16
(b) show all proposed easements marked with separate and distinct 17
letters; and 18
(c) distinctly show all roads, parks, reserves and other proposed lots 19
that are to be public use land; and 20
(d) comply with directions of the chief executive about the required 21
format for a plan of subdivision; and 22
(e) comply with the Surveyors Act 1977; and 23
(f) be certified as accurate by a licensed surveyor; and 24
(g) include a statement agreeing to the plan by-- 25
(i) the lessee; or 26
(ii) if the mortgagee of the lessee is in possession--the 27
mortgagee in possession; and 28
(h) be consented to by the Minister; and 29
s 76 46 s 76
Transport and Other Legislation Amendment Bill 2004
(i) be consented to by all registered mortgagees of each lot the 1
subject of the plan and all other registered sublessees whose 2
interests are affected by the plan. 3
`(2) If the plan of subdivision defines the boundaries of a lease, or part of 4
a lease, or another interest in land less than freehold, that is acquired by 5
resumption under the authority of an Act-- 6
(a) subsection (1)(g), (h) and (i) does not apply; and 7
(b) the plan must be consented to by the acquiring entity. 8
`290K Particulars to be recorded on registration of plan 9
`In registering a plan of subdivision, the chief executive must record in 10
the appropriate register particulars of each proposed lot that is not public 11
use land. 12
`290L Lodged plan that is withdrawn and re-lodged 13
`If a plan of subdivision is withdrawn and re-lodged under section 308, it 14
must be treated for the purposes of section 283 and section 298 to have 15
been lodged when it was first lodged.13 16
`290M Division excluding road or watercourse 17
`(1) A lot may be divided by a plan of subdivision, even though there is a 18
road or watercourse within the boundaries of the lot that is not part of the 19
lot. 20
`(2) However, the road or watercourse is not included in any lot created 21
by the plan of subdivision, even though it may be within the boundaries of 22
the lot. 23
`290N Pre-examination of plans 24
`(1) Nothing in this Act prevents the chief executive from examining a 25
plan of survey and related instruments deposited before the plan is lodged 26
for registration. 27
13 Section 308 (Withdrawing lodged document before registration), section 283
(Documents form part of a register) and section 298 (Priority of registered
documents)
s 77 47 s 77
Transport and Other Legislation Amendment Bill 2004
`(2) Section 305 applies to a plan and related instruments deposited 1
under subsection (1).14'. 2
77 Insertion of new ch 6, pt 1A
Clause 3
Chapter 6, after section 294-- 4
insert-- 5
`PART 1A--BUILDING MANAGEMENT STATEMENTS 6
`Division 1--Application 7
`294A Application 8
`This part applies only to transport land. 9
`Division 2--Building management statements 10
`294B Building management statement may be registered 11
`(1) A building management statement may be registered. 12
`(2) A "building management statement" is a document that-- 13
(a) identifies lots to which it applies; and 14
(b) contains provisions benefiting and burdening the lots to which it 15
applies; and 16
(c) otherwise complies with the requirements of this division for a 17
building management statement. 18
`(3) The lots to which a building management statement applies must be 19
lots wholly or partly contained in, or wholly or partly containing, a 20
building. 21
`(4) However, the registration of a building management statement does 22
not limit anything the Governor in Council may do, or the chief executive 23
must do, under section 360.15'. 24
14 Section 305 (Requisitions)
15 Section 360 (Governor in Council may change leases)
s 77 48 s 77
Transport and Other Legislation Amendment Bill 2004
`294C Circumstances under which building management statement 1
may be registered 2
`(1) A building management statement may be registered if-- 3
(a) the statement is signed by the lessees of all lots to which the 4
statement applies; and 5
(b) the statement complies with the directions of the chief executive 6
about the required format for a building management statement. 7
`(2) The lots to which a building management statement applies must 8
comprise-- 9
(a) 2 or more volumetric format lots; or 10
(b) 1 or more volumetric format lots, and 1 or more standard format 11
lots. 12
`294D Content of building management statement 13
`(1) A building management statement must contain provisions about 14
the following-- 15
(a) the supply of services to lots; 16
(b) rights of access to lots; 17
(c) rights of support and shelter; 18
(d) insurance arrangements. 19
`(2) A building management statement may contain provisions about the 20
following-- 21
(a) the establishment and operation of a management group; 22
(b) the imposition and recovery of levies, how levy amounts are to be 23
kept and how levy amounts are to be spent; 24
(c) property maintenance; 25
(d) architectural and landscaping standards; 26
(e) dispute resolution; 27
(f) rules for common services and facilities; 28
(g) administrative arrangements; 29
(h) arrangements for accomplishing the extinguishment of the 30
statement. 31
s 77 49 s 77
Transport and Other Legislation Amendment Bill 2004
`(3) To remove doubt, it is declared that a right of access, support or 1
shelter, or other right in the nature of an easement, under a building 2
management statement may operate according to its terms, and may be 3
effective, despite the absence of a formal registered easement establishing 4
the right. 5
`(4) A dispute resolution provision under a building management 6
statement may operate to require the referral of a dispute arising under the 7
statement other than to a court. 8
`(5) However, the provision is ineffective to the extent that it purports to 9
operate to stop final determination of the dispute in a court of competent 10
jurisdiction. 11
`294E Registration of building management statement 12
`(1) When registering a building management statement, the chief 13
executive must record a reference to the statement in the particulars for the 14
lease in the appropriate register. 15
`(2) However, the chief executive, though not obliged to examine, may 16
examine a building management statement for its validity, including, in 17
particular, its consistency with any plan of subdivision, or its compliance 18
with the requirements for a building management statement. 19
`294F Amending a building management statement 20
`(1) A building management statement may be amended by registering 21
an instrument of amendment of the building management statement. 22
`(2) The instrument of amendment must be signed by the lessees of all 23
lots to which the building management statement applies. 24
`(3) The instrument of amendment must not change the lots to which it 25
applies. 26
`294G Building management statement if lots owned by 1 lessee 27
`A building management statement may be registered even if all the lots 28
to which it applies have the same lessee. 29
s 77 50 s 77
Transport and Other Legislation Amendment Bill 2004
`294H One person becoming lessee of all lots 1
`If the same person becomes the lessee of all lots to which a building 2
management statement applies, the building management statement is 3
extinguished only if the lessee asks the chief executive to extinguish it. 4
`294I Extinguishing a building management statement 5
`(1) A building management statement may be extinguished by 6
registering a document of extinguishment of the building management 7
statement. 8
`(2) The instrument of extinguishment must be signed by the lessees of 9
all lots to which the building management statement applies. 10
`(3) However, a building management statement may be extinguished 11
only if all registered mortgagees of lots to which the building management 12
statement applies consent to the extinguishment. 13
`294J Building management statement affecting freehold and 14
non-freehold land 15
`(1) If a building management statement benefits or burdens both 16
freehold and non-freehold land, the building management statement must 17
be registered in the appropriate registers. 18
`(2) Further dealings affecting the building management statement must 19
also be registered in the appropriate registers. 20
`(3) If a lot subject to a building management statement, including a lot 21
under the Land Title Act 1994, is surrendered to the State to be dealt with 22
under this Act, the building management statement continues over the 23
resulting unallocated State land only if the Minister approves the 24
continuation. 25
`(4) In considering whether to approve the continuation of the building 26
management statement, the Minister may consider if it is reasonably 27
necessary to benefit the lots, including the unallocated State land, the 28
subject of the building management statement. 29
`(5) If a building management statement continues over unallocated 30
State land, the continuation must be recorded in the appropriate register. 31
`(6) If unallocated State land, over which there is a building management 32
statement, is dealt with under this Act-- 33
s 78 51 s 80
Transport and Other Legislation Amendment Bill 2004
(a) the Minister may approve the building management statement 1
continue; and 2
(b) if approved--the continuation of the building management 3
statement must be recorded in the appropriate register.'. 4
78 Amendment of s 352 (Plan of survey must be registered if needed)
Clause 5
Section 352(3)-- 6
insert-- 7
`(e) the plan complies with section 290J.16'. 8
79 Amendment of s 392 (Delegation by Minister)
Clause 9
(1) Section 392-- 10
insert-- 11
`(2A) The Minister may delegate the Minister's powers under this Act 12
about rail land that is leased under this Act to the chief executive, or to an 13
officer or employee, of the department within which the Transport 14
Infrastructure Act 1994, chapter 717 is administered.'. 15
(2) Section 392-- 16
insert-- 17
`(5) In subsection (2A)-- 18
"rail land" means rail corridor land and non-rail corridor land as defined 19
under the Transport Infrastructure Act 1994.'. 20
80 Amendment of sch 6 (Dictionary)
Clause 21
(1) Schedule 6-- 22
insert-- 23
16 Section 290J (Requirements for registration of plan of subdivision)
17 Transport Infrastructure Act 1994, chapter 7 (Rail transport infrastructure and other
matters)
s 80 52 s 80
Transport and Other Legislation Amendment Bill 2004
` "building" means a fixed structure that is wholly or partly enclosed by 1
walls and is roofed, and includes a part of a building. 2
"building management statement" see section 294B(2). 3
"document" includes-- 4
(a) a deed of grant or lease; and 5
(b) a will, grant of representation, or exemplification of a will, that 6
may be used to deal with a lot; and 7
(c) a deed that relates to or may be used to deal with a lot; and 8
(d) a power of attorney that may be used to deal with a lot; and 9
(e) a request, application or other document that deals with a lot and 10
may be registered under this Act; and 11
(f) a map or plan of survey that may be lodged; and 12
(g) another document that may be deposited. 13
"lot" means a separate, distinct parcel of land created on the registration of 14
a plan of subdivision. 15
"plan of subdivision" see section 290E. 16
"standard format" see section 290B. 17
"standard format lot" means a lot on a standard format plan of survey. 18
"transport land", for chapter 6, means any of the following land that is 19
held under a perpetual lease-- 20
(a) land declared to be busway land under the Transport 21
Infrastructure Act 1994, chapter 9; 22
(b) land declared to be light rail land under the Transport 23
Infrastructure Act 1994, chapter 10; 24
(c) non-rail corridor land as defined under the Transport 25
Infrastructure Act 1994; 26
(d) rail corridor land as defined under the Transport Infrastructure 27
Act 1994. 28
"volumetric format" see section 290C.'. 29
(2) Schedule 6, definition "explanatory format plan", `section 290A'-- 30
omit, insert-- 31
`section 290D'. 32
s 81 53 s 82
Transport and Other Legislation Amendment Bill 2004
PART 8--AMENDMENT OF LAND TITLE ACT 1994 1
81 Act amended in pt 8 and sch
Clause 2
This part and the schedule amend the Land Title Act 1994. 3
82 Insertion of new s 54J
Clause 4
Part 4, division 4-- 5
insert-- 6
`54J Building management statement affecting freehold and 7
non-freehold land 8
`(1) If a building management statement benefits or burdens both 9
freehold and non-freehold land, the building management statement must 10
be registered in the appropriate registers. 11
`(2) Further dealings affecting the building management statement must 12
also be registered in the appropriate registers. 13
`(3) If a lot subject to a building management statement, including a lot 14
over which a lease is issued under the Land Act 1994, is surrendered to the 15
State to be dealt with under the Land Act 1994, the building management 16
statement continues over the resulting unallocated State land only if the 17
Minister approves the continuation. 18
`(4) In considering whether to approve the continuation of the building 19
management statement, the Minister may consider if it is reasonably 20
necessary to benefit the lots, including the unallocated State land, the 21
subject of the building management statement. 22
`(5) In this section-- 23
"Minister" means the Minister administering the Land Act 1994.'. 24
54
Transport and Other Legislation Amendment Bill 2004
SCHEDULE 1
MINOR AND CONSEQUENTIAL AMENDMENTS 2
sections 3, 8, 10, 58 and 81 3
LAND ACT 1994 4
1 Section 290J(e), `Surveyors Act 1977'-- 5
omit, insert-- 6
`Survey and Mapping Infrastructure Act 2003'. 7
TRANSPORT INFRASTRUCTURE ACT 1994 8
1 Section 400(2)(c), `for the light rail'-- 9
omit. 10
2 Section 481(b) and (c)-- 11
omit. 12
3 Schedule 1, item 17, `for a railway'-- 13
omit. 14
4 Schedule 6, definition, "authorised person", `, other than for a 15
railway or light rail,'-- 16
omit. 17
5 Schedule 6, definitions "authorised person for a light rail" and 18
"authorised person for a railway"-- 19
omit. 20
55
Transport and Other Legislation Amendment Bill 2004
SCHEDULE (continued)
TRANSPORT OPERATIONS (MARINE SAFETY) 1
ACT 1994 2
1 Section 4-- 3
insert-- 4
` "approved form" see section 206B.'. 5
TRANSPORT OPERATIONS (PASSENGER 6
TRANSPORT) ACT 1994 7
1 Section 47A(4), `section 62.'-- 8
omit, insert-- 9
`sections 62 and 62AAD. '. 18
10
2 Chapter 6, part 2, division 2, heading, `service'-- 11
insert-- 12
`passenger services'. 13
3 Section 56(3)(a)(ii)(A), `sections'-- 14
omit, insert-- 15
`section'. 16
4 Section 56(3)(a)(ii)(C), `has'-- 17
omit. 18
18 Sections 62 (Offer of new service contract) and 62AAD (Offer of new Translink
service contract)
56
Transport and Other Legislation Amendment Bill 2004
SCHEDULE (continued)
5 Section 59(2), after `regard to'-- 1
insert-- 2
`at least the following'. 3
6 Section 59(2)(a), (b), (c) and (d), `; and'-- 4
omit, insert-- 5
`;'. 6
7 Section 61(4), `A'-- 7
omit, insert-- 8
`Without limiting the matters an arbitrator may or may not take into 9
account, a'. 10
8 Chapter 11, part 3A, heading, after `FOR'-- 11
insert-- 12
`DANGEROUS GOODS ON'. 13
9 Chapter 11A, heading-- 14
omit, insert-- 15
`CHAPTER 11A--FARE EVASION AND OTHER 16
OFFENCES'. 17
10 Section 143AI, `part'-- 18
omit, insert-- 19
`chapter'. 20
57
Transport and Other Legislation Amendment Bill 2004
SCHEDULE (continued)
TRANSPORT OPERATIONS (ROAD USE 1
MANAGEMENT) ACT 1995 2
1 Section 151, heading-- 3
omit, insert-- 4
`151 Application of ch 5A'. 5
2 Section 151(1), `This part'-- 6
omit, insert-- 7
`This chapter'. 8
3 Section 151(2), `this part'-- 9
omit, insert-- 10
`this chapter'. 11
© State of Queensland 2004
AMENDMENTS TO BILL
1
Transport and Other Legislation Amendment Bill 2004
TRANSPORT AND OTHER LEGISLATION
AMENDMENT BILL 2004
AMENDMENTS AGREED TO IN COMMITTEE
1 Clause 2--
At page 8, lines 8 and 9--
omit, insert--
`· sections 20 to 50
· sections 52 to 54
· section 55 (to the extent it inserts sections 157, 160 and 161)
· section 57(1)
· section 57(2) (other than to the extent it inserts definitions "SEQ
area", "Translink area" and "Translink service contract")
· schedule, amendment of the Land Act 1994
· schedule, amendments of the Transport Infrastructure Act 1994
· schedule, amendments of the Transport Operations (Passenger
Transport) Act 1994, item 9.'.
2 After clause 8--
At page 10, after line 23--
insert--
`8A Amendment of s 206A (General manager's power to fix speed
limits for ships)
`(1) Section 206A(2), before `subordinate legislation'--
insert--
`not'.
`(2) Section 206A--
insert--
2
Transport and Other Legislation Amendment Bill 2004
`(8) It is declared that a gazette notice under this section is taken never to
have been subordinate legislation.'.'.
3 After clause 12--
At page 12, after line 4--
insert--
`12A Replacement of s 23 (Purpose of driver authorisation)
`Section 23--
omit, insert--
`23 Purpose of driver authorisation
`(1) The purpose of driver authorisation is to maximise public
confidence in public passenger services in relation to the drivers of public
passenger vehicles.
`(2) Without limiting subsection (1), the purpose includes ensuring that
drivers of public passenger vehicles--
(a) are suitable persons to drive public passenger vehicles having
regard to the need to provide for the personal safety of
passengers and their property, and the public; and
(b) conduct themselves responsibly with passengers and the public;
and
(c) are responsible in the act of driving and are capable of safely
operating the relevant type of vehicle; and
(d) are aware of their customer service responsibilities; and
(e) are held accountable for complying with appropriate standards.
`(3) Without limiting subsection (1) or (2), the purpose also includes
ensuring that drivers do not damage the reputation of public passenger
transport.
`(4) In deciding whether to grant driver authorisation to a person, or to
renew or amend, impose a condition on, or suspend or cancel a person's
driver authorisation, the chief executive must take into consideration--
(a) the purpose of driver authorisation mentioned in subsections (1)
to (3); and
3
Transport and Other Legislation Amendment Bill 2004
(b) the paramount principle mentioned in section 33A that children
and other vulnerable members of the community must be
protected.'.'.
4 After clause 13--
At page 12, after line 8--
insert--
`13A Amendment of s 27 (Driver must hold appropriate authorisation)
`Section 27, penalty `30'--
omit, insert--
`100'.
`13B Insertion of new ss 28A28C
`After section 28--
insert--
`28A Ineligibility for driver authorisation--category A driver
disqualifying offences
`A person is ineligible to apply for or hold driver authorisation if the
person has been convicted of a category A driver disqualifying offence.
`28B Driver authorisation--category B driver disqualifying offences
`(1) This section applies if the chief executive is aware that a person who
is an applicant for driver authorisation or who holds driver authorisation
has been convicted of a category B driver disqualifying offence.
`(2) The chief executive must give the person written notice of the chief
executive's intention to refuse to grant or renew, or to cancel, the driver
authorisation (the "exclusion action") unless the person demonstrates to
the chief executive's satisfaction that an exceptional case exists.
Example of an exceptional case--
A person with no other criminal history was convicted of unlawful carnal knowledge
30 years ago and placed on a good behaviour bond after being involved in a consensual
sexual relationship with a 15 year old when the person was 17.
4
Transport and Other Legislation Amendment Bill 2004
`(3) The chief executive must give the person a written notice about the
exclusion action--
(a) identifying the category B driver disqualifying offence of which
the person has been convicted; and
(b) stating the requirements of subsection (4); and
(c) giving the person an opportunity to make written representations
about the category B driver disqualifying offence and the
exclusion action within 28 days.
`(4) The chief executive must consider any written representations and
must take the exclusion action unless the chief executive, subject to the
paramount principle mentioned in section 33A, is satisfied that an
exceptional case exists.
`(5) For subsection (4)--
(a) the Commissioner for Children and Young People may advise the
chief executive on whether the commissioner considers an
exceptional case exists; and
(b) without limiting the chief executive's power to take the exclusion
action, the chief executive must take the advice into account.
`(6) Nothing in this section limits action the chief executive may take
under any other provision of this Act.
`28C Driver authorisation--category C driver disqualifying offences
`(1) This section applies if the chief executive is aware that a person who
is an applicant for driver authorisation or who holds driver authorisation
has been convicted of a category C driver disqualifying offence.
`(2) Without limiting the grounds on which the chief executive may deal
with the application or the driver authorisation, the chief executive may do
any of the following (the "proposed action")--
(a) refuse to grant driver authorisation to the person;
(b) refuse to renew the person's driver authorisation;
(c) suspend or cancel the person's driver authorisation.
`(3) The chief executive must give the person written notice of the
proposed action.
5
Transport and Other Legislation Amendment Bill 2004
`(4) Nothing in this section limits action the chief executive may take
under any other provision of this Act.'.
`13C Amendment of s 29 (Granting, renewing or refusing driver
authorisation)
`Section 29(2)--
omit, insert--
`(2) Without limiting subsection (1), a regulation may authorise the chief
executive--
(a) to impose a condition when granting driver authorisation to a
person or renewing a person's driver authorisation; or
(b) to refuse to grant driver authorisation to a person or to renew the
person's driver authorisation if the person--
(i) has been convicted of a category C driver disqualifying
offence; or
(ii) has been charged with a driver disqualifying offence and the
charge has not been finally disposed of.'.
`13D Amendment of s 31 (Applicant to notify charge for disqualifying
offence etc.)
`(1) Section 31, heading, before `disqualifying'--
insert--
`driver'.
`(2) Section 31(1), before `disqualifying'--
insert--
`driver'.
`(3) Section 31(1)--
insert--
`Maximum penalty--100 penalty units.'.
`(4) Section 31(2), penalty, `10'--
omit, insert--
`100'.
6
Transport and Other Legislation Amendment Bill 2004
`13E Amendment of s 32 (Amendment, suspension and cancellation of
driver authorisations)
`(1) Section 32--
insert--
`(1A) Without limiting subsection (1), a regulation may authorise the
chief executive to amend a person's driver authorisation by imposing a
condition on the authorisation.'.
`(2) Section 32(2), `disqualifying offence.'--
omit, insert--
`category B or category C driver disqualifying offence.'.
`(3) Section 32(3), before `disqualifying'--
insert--
`driver'.
`13F Amendment of s 33 (Authorised driver must notify charge for
disqualifying offence etc.)
`(1) Section 33, heading, before `disqualifying'--
insert--
`driver'.
`(2) Section 33(1), before `disqualifying'--
insert--
`driver'.
`(3) Section 33(1)--
insert--
`Maximum penalty--100 penalty units.'.
`(4) Section 33(2), penalty `10'--
omit, insert--
`100'.
7
Transport and Other Legislation Amendment Bill 2004
`13G Insertion of new s 33A
`After section 33--
insert--
`33A Protection of children and vulnerable members of the
community
`(1) This section applies to the following when making decisions about
driver authorisation--
(a) the chief executive;
(b) persons constituting a review panel under the Transport Planning
and Coordination Act 1994;
(c) a court hearing an appeal against a decision about driver
authorisation.
`(2) If, because an applicant for, or a holder of, driver authorisation has
been charged with or convicted of a driver disqualifying offence or for any
other reason, the safety of children or other vulnerable members of the
community becomes relevant, the paramount principle is that children and
other vulnerable members of the community must be protected.'.
`13H Amendment of s 34 (Authorised driver must notify suspension or
cancellation of licence etc.)
`Section 34, penalty, `10'--
omit, insert--
`100'.
`13I Amendment of s 35 (Obligation to notify accredited operator of
suspension or cancellation of licence etc.)
`Section 35, penalty, `10'--
omit, insert--
`100'.'.
8
Transport and Other Legislation Amendment Bill 2004
5 Clause 55--
At page 32, after line 11--
insert--
`Division 1--Authorised persons'.
6 Clause 55--
At page 32, after line 19--
insert--
`Division 2--Translink service contracts'.
7 Clause 55--
At page 34, after line 23--
insert--
`Division 3--Driver disqualifying offences
`162 Driver disqualifying offences
`(1) For the purposes of a reference in this Act to a category A driver
disqualifying offence, category B driver disqualifying offence or
category C driver disqualifying offence, it is declared that--
(a) the reference includes a reference to the offence whether the
offence was or is committed before or after the commencement
of this section; and
(b) a reference to a conviction of the offence includes a conviction of
the offence whether the conviction happened before or after the
commencement of this section.
`(2) If the person has been convicted of a category A disqualifying
offence before the commencement of this section--
(a) if the person holds driver authorisation on the
commencement--the driver authorisation is immediately
cancelled on the commencement; and
(b) if the person has applied for the grant or renewal of driver
authorisation before the commencement that has not been
9
Transport and Other Legislation Amendment Bill 2004
finalised--the application is terminated on the commencement;
and
(c) if the person immediately before the commencement has an
entitlement to have driver authorisation granted or renewed under
a decision of a court on appeal from the decision of the chief
executive--the entitlement is extinguished on the
commencement.
`163 Transitional regulation-making power
`(1) A regulation made after the commencement of this section may
provide that a regulation in existence immediately before the
commencement is amended from the commencement in order to take
account of the creation of driver disqualifying offences for driver
authorisations on the commencement.
`(2) Subsection (1) applies even if the regulation is not a beneficial
provision within the meaning of the Statutory Instruments Act 1992,
section 34.1'.'.
8 After clause 55--
At page 34, after line 23--
insert--
`55A Insertion of new sch 1A
`After schedule 1--
insert--
1 Statutory Instruments Act 1992, section 34 (Beneficial retrospective
commencement)
10
Transport and Other Legislation Amendment Bill 2004
`SCHEDULE 1A
`DRIVER DISQUALIFICATION OFFENCES
dictionary, definition "driver disqualifying offence"
`PART 1--CATEGORY A DRIVER DISQUALIFYING
OFFENCES
`Division 1--Existing provisions of the Criminal Code
1. Section 208 (Unlawful sodomy) unless, when the offence was
committed, the offender was aged between 14 and 20 (both inclusive)
and the person in relation to whom the offence was committed was
not an intellectually impaired person and was aged between 14 and 17
(both inclusive)
2. Section 210 (Indecent treatment of children under 16) unless, when
the offence was committed, the offender and the person against whom
the offence was committed were both aged between 14 and 20 (both
inclusive)
3. Section 213 (Owner etc. permitting abuse of children on premises), if
the proscribed act mentioned in section 213(1) is a category A driver
disqualifying offence mentioned in item 1, 2 or 4
4. Section 215 (Carnal knowledge with or of children under 16) unless,
when the offence was committed, the offender and the person against
whom the offence was committed were both aged between 14 and 20
(both inclusive)
5. Section 216 (Abuse of intellectually impaired persons)
6. Section 217 (Procuring young person etc. for carnal knowledge)
7. Section 218A (Using internet etc. to procure children under 16)
8. Section 219 (Taking child for immoral purposes), if the proscribed act
mentioned in section 219(1) is a category A driver disqualifying
offence mentioned in item 1, 2 or 4
11
Transport and Other Legislation Amendment Bill 2004
9. Section 222 (Incest), if the person in relation to whom the offence
was committed was a child when the offence was committed
10. Section 228 (Obscene publications and exhibitions), if section 228(2)
or (3) applies
11. Section 229B (Maintaining a sexual relationship with a child), if any
of the offences of a sexual nature required to be proved for the
purposes of the section is a category A driver disqualifying offence
12. Section 229G (Procuring prostitution), if section 229G(2) applies
13. Section 349 (Rape)
`Division 2--Provisions of the Criminal Code repealed by the Criminal
Law Amendment Act 1997
1. Section 208 (Unlawful anal intercourse), if section 208(2)(b) applies
2. Section 222 (Incest by man), if the person in relation to whom the
offence was committed was a child under 16 years when the offence
was committed.
`PART 2--CATEGORY B DRIVER DISQUALIFYING
OFFENCES
Criminal Code
1. Section 229G (Procuring prostitution)
2. Section 229L (Permitting young person etc. to be at place used for
prostitution)
3. Section 328A (Dangerous operation of a vehicle)
Drugs Misuse Act 1986
1. Section 7(1) (Receiving or possessing property obtained from
trafficking or supplying), if paragraph (a) of the maximum penalty for
the provision applies
2. Section 8 (Producing dangerous drugs), if paragraph (a), (b) or (c) of
the maximum penalty for the provision applies
12
Transport and Other Legislation Amendment Bill 2004
3. Section 8A(1) (Publishing or possessing instructions for producing
dangerous drugs), if paragraph (a) or (b) of the maximum penalty for
the provision applies
4. Section 9 (Possessing dangerous drugs), if paragraph (a), (b) or (d) of
the maximum penalty for the provision applies
5. Section 10(1) (Possessing things), if paragraph (a) of the maximum
penalty for the provision applies
6. Section 11(1)(a) (Permitting use of place), if paragraph (a) of the
maximum penalty for the provision applies.
Weapons Act 1990
Section 65 (Unlawful trafficking in weapons)2
`PART 3--CATEGORY C DRIVER DISQUALIFYING
OFFENCES
`Division 1--Existing provisions of the Criminal Code
1. Chapter 9 (Unlawful assemblies--breaches of the peace)
2. Chapter 16 (Offences relating to the administration of justice)
3. Chapter 20 (Miscellaneous offences against public authority)
4. Chapter 22 (Offences against morality)
5. Chapter 26 (Assaults and violence to the person
generally--justification and excuse)
6. Chapter 27 (Duties relating to the preservation of human life)
7. Chapter 28 (Homicide--Suicide--Concealment of birth)
8. Chapter 29 (Offences endangering life or health)
9. Chapter 30 (Assaults)
10. Chapter 33 (Offences against liberty)
2 See the definition "category B driver disqualifying offence" in schedule 3 for the full
list of category B driver disqualifying offences.
13
Transport and Other Legislation Amendment Bill 2004
11. Chapter 36 (Stealing)
12. Chapter 37 (Offences analogous to stealing)
13. Chapter 38 (Stealing with violence--extortion by threats)
14. Chapter 39 (Burglary--Housebreaking--And like offences)
15. Chapter 40 (Other fraudulent practices)
16. Chapter 41 (Receiving property stolen or fraudulently obtained and
like offences)
17. Chapter 42 (Frauds by trustees and officers of companies and
corporations--false accounting)
18. Chapter 42A (Secret commissions)
19. Chapter 46 (Offences)
20. Chapter 49 (Punishment of forgery and like offences)
21. Chapter 52 (Personation)
22. Chapter 56 (Conspiracy)
`Division 2--Provisions of the Criminal Code repealed by the Criminal
Law Amendment Act 1997
1. Section 343A (Assaults occasioning bodily harm)
2. Section 344 (Aggravated assaults)
14
Transport and Other Legislation Amendment Bill 2004
`55B Amendment of sch 2 (Reviewable decisions)
`(1) Schedule 2--
insert--
`28B Category B driver disqualifying Magistrates
offence--refusal to grant or renew driver
authorisation or cancellation of driver
authorisation
28C Category C driver disqualifying Magistrates'.
offence--refusal to grant or renew driver
authorisation or suspension or cancellation
of driver authorisation
`(2) Schedule 2, entry for section 29, after `authorisation'--
insert--
`or the imposition of a condition on driver authorisation'.
`(3) Schedule 2, entry for section 32, after `authorisation'--
insert--
`or the imposition of a condition on driver authorisation'.'.
9 Clause 57--
At page 36, after line 8--
insert--
` "category A driver disqualifying offence" means--
(a) an offence against a provision of the Criminal Code mentioned in
schedule 1A, part 1; or
(b) an offence of counselling or procuring the commission of, or
attempting or conspiring to commit, an offence mentioned in
paragraph (a), and to which paragraph (a) does not otherwise
apply; or
(c) an offence against a law of another jurisdiction, including a
jurisdiction outside Australia, that substantially corresponds to an
offence mentioned in paragraph (a) or (b).
15
Transport and Other Legislation Amendment Bill 2004
"category B driver disqualifying offence" means any of the following
that is not a category A driver disqualifying offence--
(a) an offence that is a serious offence within the meaning of the
Commission for Children and Young People Act 2000, schedule 4
(Dictionary), definition "serious offence", paragraph (a) or (b);
(b) an offence against a provision of an Act mentioned in
schedule 1A, part 2;
(c) an offence of counselling or procuring the commission of, or
attempting or conspiring to commit, an offence mentioned in
paragraph (a) or (b), and to which paragraph (a) or (b) does not
otherwise apply;
(d) an offence against a law of another jurisdiction, including a
jurisdiction outside Australia, that substantially corresponds to an
offence mentioned in paragraph (a), (b) or (c).
"category C driver disqualifying offence" means any of the following
that is not a category A driver disqualifying offence or a category B
driver disqualifying offence--
(a) an offence against a provision of the Criminal Code mentioned in
schedule 1A, part 3;
(b) an offence against the Drugs Misuse Act 1986 punishable by
imprisonment for 1 year or more, even though a fine may be
imposed in addition or as an alternative;
(c) an offence against the Weapons Act 1990 punishable by
imprisonment for 1 year or more, even though a fine may be
imposed in addition or as an alternative;
(d) an offence against this Act;
(e) an offence against the Transport Operations (Passenger
Transport) Regulation 1994, for which the maximum penalty is
at least 20 penalty units;
(f) an offence of counselling or procuring the commission of, or
attempting or conspiring to commit, an offence mentioned in
paragraph (a), (b), (c), (d) or (e), and to which paragraph (a), (b),
(c), (d) or (e) does not otherwise apply;
(g) an offence against a law of another jurisdiction, including a
jurisdiction outside Australia, that substantially corresponds to an
offence mentioned in paragraph (a), (b), (c), (d), (e) or (f).'.
16
Transport and Other Legislation Amendment Bill 2004
10 Clause 57--
At page 36, after line 11--
insert--
` "driver disqualifying offence", in relation to driver authorisation,
means--
(a) a category A driver disqualifying offence; or
(b) a category B driver disqualifying offence; or
(c) a category C driver disqualifying offence.'.
11 Clause 57--
At page 37, lines 24 to 26--
omit, insert--
`(3) Schedule 3, definition "disqualifying offence", before `means'--
insert--
`, in relation to operator accreditation, a taxi service licence or a
limousine service licence,'.
`(4) Schedule 3, definition "disqualifying offence", paragraph (e)--
omit, insert--
`(e) an offence against a law of another jurisdiction, including a
jurisdiction outside Australia, that substantially corresponds to an
offence mentioned in paragraph (a), (b), (c) or (d).'.
`(5) Schedule 3, definition "ferry", after `boat'--
insert--
`, barge'.
`(6) Schedule 3, definition "information notice", `of the chief
executive'--
omit.'.
12 After clause 71--
At page 42, after line 25--
insert--
17
Transport and Other Legislation Amendment Bill 2004
`71A Insertion of new s 36DA
`Part 5, after section 36D--
insert--
`36DA Commissioner for Children and Young People
`(1) This section applies if an appeal concerns a reviewed decision about
driver authorisation if a driver disqualifying offence involving a child was
relevant to the original decision.
`(2) The Commissioner for Children and Young People may appear as a
party.
`(3) In this section--
"driver authorisation" means driver authorisation under the Transport
Operations (Passenger Transport) Act 1994.
"driver disqualifying offence" means a driver disqualifying offence under
the Transport Operations (Passenger Transport) Act 1994.'.'.
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