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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Transport and Other
Legislation Amendment Bill
2008
Queensland
Transport and Other Legislation
Amendment Bill 2008
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Part 2 Amendment of Acts for purposes relating to dangerous
goods
Division 1 Amendment of Transport Infrastructure Act 1994
3 Act amended in div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
4 Amendment of s 440 (Application of ch 14) . . . . . . . . . . . . . . . . . 24
5 Amendment of s 442 (Regulations about dangerous goods) . . . . 26
6 Amendment of s 443 (Exemptions) . . . . . . . . . . . . . . . . . . . . . . . 29
7 Amendment of s 444 (Grounds for amending, suspending or
cancelling approval or exemption) . . . . . . . . . . . . . . . . . . . . . . . . 31
8 Amendment of s 449 (Immediate suspension in the public
interest) ...................................... 32
9 Omission of s 450 (Goods too dangerous to be transported) . . . 32
10 Amendment of s 451 (Duties when transporting dangerous
goods) ........................................ 32
11 Replacement of s 452 (Prohibition on involvement in the
transportation of dangerous goods by rail). . . . . . . . . . . . . . . . . . 33
452 Exclusion orders prohibiting involvement in the
transport of dangerous goods by rail . . . . . . . . . . . . . 33
12 Replacement of s 453 (Forfeiture on conviction) . . . . . . . . . . . . . 35
453 Forfeiture if conviction relates to dangerous goods . . 35
13 Amendment of s 455 (Recovery of costs from convicted person) 35
14 Replacement of s 457 (Certificates and documents) . . . . . . . . . . 36
457 Facilitation of proof . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
457A Document signed by chief executive is evidence of
matters stated in it if no evidence to the contrary . . . . 38
Transport and Other Legislation Amendment Bill 2008
Contents
15 Insertion of new ch14, pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Part 7 Goods too dangerous to be transported
458A Application of Act to goods too dangerous to be
transported ............................ 39
458B Consignment of goods too dangerous to be
transported prohibited . . . . . . . . . . . . . . . . . . . . . . . . 40
458C Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
16 Insertion of new s 476A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
476A Chief executive may give information to
corresponding authority . . . . . . . . . . . . . . . . . . . . . . . 42
17 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 43
Division 2 Amendment of Transport Operations (Passenger Transport)
Act 1994
18 Act amended in div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
19 Amendment of s 112 (Identity cards) . . . . . . . . . . . . . . . . . . . . . . 49
20 Amendment of s 120 (Entry of place). . . . . . . . . . . . . . . . . . . . . . 49
21 Amendment of s 121 (Warrants) . . . . . . . . . . . . . . . . . . . . . . . . . 49
22 Amendment of s 123 (Entry or boarding of vehicles) . . . . . . . . . . 50
23 Amendment of s 124 (General powers in relation to places and
vehicles) .................................. 50
24 Amendment of s 126B (Tampering with seized things) . . . . . . . . 50
25 Insertion of new s 126GA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
126GA Purpose of pt 3A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
26 Amendment of s 126H (Power to hold or stop and hold rail
vehicle) .................................. 51
27 Insertion of new s 126HA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
126HA Further powers if vehicle entered is rail vehicle . . . . . 51
28 Insertion of new s 126JA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
126JA Further power for securing things seized relating to
transport of dangerous goods . . . . . . . . . . . . . . . . . . 53
29 Amendment of s 126K (Power to give remedial action notices) . . 53
30 Insertion of new ss 126KA126KC. . . . . . . . . . . . . . . . . . . . . . . . 53
126KA Use of equipment to examine or process things . . . . 53
126KB Use or seizure of electronic equipment . . . . . . . . . . . 54
126KC Restoring vehicle or premises to original condition
after action taken . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
31 Replacement of s 126N (Power to give directions to deal with
dangerous situation). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
126N Power to give notice about dangerous situation . . . . . 56
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Transport and Other Legislation Amendment Bill 2008
Contents
126NA Dangerous situation notice. . . . . . . . . . . . . . . . . . . . . 56
126NB Contravention of dangerous situation notice . . . . . . . 58
126NC Oral direction may be given before dangerous
situation notice is served . . . . . . . . . . . . . . . . . . . . . . 58
126ND Withdrawal of dangerous situation notice. . . . . . . . . . 59
126NE Proceedings for an offence not affected by
dangerous situation notice . . . . . . . . . . . . . . . . . . . . . 59
32 Insertion of new ch 11, pt 3C . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Part 3C Goods too dangerous to be transported
126OA Application of Act to goods too dangerous to be
transported ........................ 59
33 Amendment of s 130 (False or misleading information) . . . . . . . . 60
34 Amendment of s 131 (False, misleading or incomplete
documents) ................................ 60
35 Amendment of s 136 (Impersonating authorised person) . . . . . . 61
36 Replacement of s 153A (Evidentiary aids--belief of authorised
person) ................................... 61
153A Facilitation of proof . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
37 Insertion of ch 12, pt 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Part 1A General provisions relating to transport of
dangerous goods by rail
154AB Application of pt 1A . . . . . . . . . . . . . . . . . . . . . . . . . . 63
154AC Special defence of compliance with direction. . . . . . . 63
154AD Responsibility for acts or omissions of representative 63
154AE Transport documentation . . . . . . . . . . . . . . . . . . . . . . 64
38 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 64
Division 3 Amendment of Transport Operations (Road Use
Management) Act 1995
39 Act amended in div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
40 Amendment of s 17A (Definition) . . . . . . . . . . . . . . . . . . . . . . . . . 70
41 Amendment of s 18 (Grounds for amending, suspending or
cancelling approvals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
42 Amendment of s 19 (Procedure for amending, suspending and
cancelling approvals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
43 Insertion of new s 19C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
19C Automatic suspension of particular licences under
dangerous goods regulation. . . . . . . . . . . . . . . . . . . . 72
44 Amendment of s 26 (Entry to places) . . . . . . . . . . . . . . . . . . . . . . 72
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Transport and Other Legislation Amendment Bill 2008
Contents
45 Amendment of s 26A (Further power to enter place of business
in relation to heavy vehicle) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
46 Amendment of s 26B (Further power to enter place in relation to
heavy vehicle if incident involving death, injury or damage). . . . . 75
47 Amendment of s 28 (Warrants to enter) . . . . . . . . . . . . . . . . . . . . 76
48 Amendment of ss 29A29C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
49 Amendment of s 30 (General powers after entering places) . . . . 77
50 Amendment of s 30A (Further powers after entering place
under s 26A or 26B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
51 Amendment of s 32 (Power to stop prescribed heavy vehicles). . 78
52 Amendment of s 33 (Requiring vehicle to be moved for
exercising power) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
53 Amendment of s 33A (Requiring heavy vehicle to be moved if
causing harm or obstruction etc.) . . . . . . . . . . . . . . . . . . . . . . . . . 80
54 Amendment of s 33B (Moving unattended heavy vehicle on
road) ..................................... 81
55 Amendment s 33C (Moving other stationary heavy vehicle if
causing harm or obstruction etc.) . . . . . . . . . . . . . . . . . . . . . . . . . 81
56 Insertion of new s 33D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
33D Power if prescribed dangerous goods vehicle
broken down or immobilised on a road. . . . . . . . . . . . 83
57 Amendment of s 35 (Power to enter vehicles etc. other than for
vehicle inspection) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
58 Amendment of s 35A (Further powers to inspect and search
heavy vehicles). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
59 Amendment of s 35B (Further powers to access stored
information or to decide if anything found in a heavy vehicle
may be seized) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
60 Amendment of s 35C (Running or stopping heavy vehicle
engine) ................................... 86
61 Amendment of s 38 (Power to prohibit persons driving). . . . . . . . 86
62 Amendment of s 39 (Powers to enable effective and safe
exercise of other powers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
63 Amendment of s 39C (Interfering with prescribed heavy vehicle
equipment or load) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
64 Amendment of new s 40A (Further powers to seize evidence in
relation to heavy vehicle) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
65 Amendment of s 45 (Access to seized things) . . . . . . . . . . . . . . . 90
66 Amendment of ch 3, pt 3, div 3B, hdg (Embargo notice for
evidence about heavy vehicle) . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
67 Amendment of s 46B (Embargo notice) . . . . . . . . . . . . . . . . . . . . 90
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68 Amendment of s 48A (Further power to require personal details
for exercising power in relation to heavy vehicle) . . . . . . . . . . . . . 90
69 Amendment of s 49 (Power to require documents to be
produced) ................................. 92
70 Insertion of new s 49A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
49A Direction to provide information about heavy vehicles
and transport of dangerous goods . . . . . . . . . . . . . . . 93
71 Amendment of s 50AB (Power to require help to find and access
documents or information about heavy vehicle) . . . . . . . . . . . . . . 94
72 Omission of ch 3, pt 3, div 5 (Remedial action notices) . . . . . . . . 94
73 Omission of ch 3, pt 4A (Additional powers of authorised officers
to prevent dangerous situation) . . . . . . . . . . . . . . . . . . . . . . . . . . 95
74 Amendment of s 51F (Reciprocal powers) . . . . . . . . . . . . . . . . . . 95
75 Amendment of s 52 (False or misleading statements) . . . . . . . . . 95
76 Amendment of s 53 (False or misleading documents, generally). 95
77 Amendment of s 54 (Obstructing authorised officers or
accredited persons) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
78 Amendment of s 55 (Pretending to be an authorised officer or
accredited person) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
79 Amendment of s 60 (Evidentiary aids) . . . . . . . . . . . . . . . . . . . . . 96
80 Amendment of s 61B (Transport and journey documentation) . . . 96
81 Amendment of s 62 (Proceedings for offences) . . . . . . . . . . . . . . 97
82 Insertion of new ch 5A, pt 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . 97
83 Amendment of s 151 (Application of ch 5A) . . . . . . . . . . . . . . . . . 97
84 Insertion of new s 151A and pt 2, hdg . . . . . . . . . . . . . . . . . . . . . 99
151A Regulation may include provision for tools of trade . . 99
85 Replacement of s 152 (Regulations about dangerous goods) . . . 100
152 Regulations about dangerous goods and transport
of dangerous goods . . . . . . . . . . . . . . . . . . . . . . . . . . 100
86 Amendment of s 153 (Exemptions) . . . . . . . . . . . . . . . . . . . . . . . 104
87 Insertion of new ss 153A153H and pt 4, hdg . . . . . . . . . . . . . . . 107
153A Contravention of condition of exemption . . . . . . . . . . 107
153B Grounds for amending, suspending or cancelling
exemption ........................ 107
153C What chief executive must do before taking
proposed action, other than for class exemption . . . . 108
153D What chief executive must do before taking
proposed action for class exemption . . . . . . . . . . . . . 109
153E Decision on proposed action . . . . . . . . . . . . . . . . . . . 109
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Transport and Other Legislation Amendment Bill 2008
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153F Provisions not applying to beneficial or clerical
amendment ...................... 111
153G Immediate suspension in the public interest. . . . . . . . 111
153H Cancelling suspended exemption for failing to take
remedial action .................... 112
Part 4 Offences and matters relating to legal
proceedings'.
88 Amendment of s 154 (Failure to hold licence etc.) . . . . . . . . . . . . 113
89 Omission of s 155 (Goods too dangerous to be transported) . . . 113
90 Amendment of s 156 (Duties when transporting dangerous
goods) ................................. 113
91 Amendment of s 157 (Additional evidentiary aids for
transporting dangerous goods) . . . . . . . . . . . . . . . . . . . . . . . . . . 114
92 Insertion of new s 157A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
157A Document signed by chief executive is evidence of
matters stated in it if no evidence to the contrary. . . . 116
93 Amendment of s 158 (Recovery of costs from convicted person) 116
94 Amendment of section 159 (Recovery of costs of government
action) ..................................... 117
95 Amendment of s 160 (Prohibition from involvement in the
transport of dangerous goods by road) . . . . . . . . . . . . . . . . . . . . 117
96 Amendment of s 161 (Forfeiting dangerous goods) . . . . . . . . . . . 119
97 Replacement of s 162 (Helping in emergencies or accidents) . . . 120
161A Helping in emergencies or accidents . . . . . . . . . . . . . 120
161B Improvement notices . . . . . . . . . . . . . . . . . . . . . . . . . 120
161C Contravention of improvement notice . . . . . . . . . . . . . 121
161D Improvement notice may be given by attaching to
vehicle ........................... 122
161E Cancellation of an improvement notice . . . . . . . . . . . 122
Part 6 Dangerous situation notices and relevant oral
directions
161F Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
161G Power to give notice about dangerous situation . . . . . 123
161H Dangerous situation notice. . . . . . . . . . . . . . . . . . . . . 123
161I Contravention of dangerous situation notice . . . . . . . 125
161J Oral direction may be given before dangerous
situation notice is served . . . . . . . . . . . . . . . . . . . . . . 125
161K Cancellation of dangerous situation notice. . . . . . . . . 126
161L Additional power to require information or produce
document ....................... 126
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161M Proceedings for an offence not affected by
dangerous situation notice . . . . . . . . . . . . . . . . . . . . . 127
Part 7 Other matters
161N Preventing injury and damage--taking direct action . 127
98 Insertion of new ch 5AB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
Chapter 5AB Goods too dangerous to be transported
161P Application of Act to goods too dangerous to be
transported ...................... 128
161Q Consignment of goods too dangerous to be
transported prohibited . . . . . . . . . . . . . . . . . . . . . . . . 129
161R Regulations about goods too dangerous to be
transported ...................... 130
99 Amendment of s 164A (Commercial benefits penalty order) . . . . 132
100 Amendment of s 167 (Protection from liability). . . . . . . . . . . . . . . 132
101 Amendment of s 168B (Giving evidence about heavy vehicle to
external public authority) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
102 Amendment of s 168C (Chief executive may give information to
corresponding authority). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
103 Amendment of s 168D (Contracting out in relation to heavy
vehicles prohibited). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
104 Amendment of ch 7, pt 11, hdg (Validating provisions) . . . . . . . . 133
105 Insertion of new ch 7, pt 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
218 Remedial action notices . . . . . . . . . . . . . . . . . . . . . . . 134
219 Persons exempted before commencement . . . . . . . . 134
106 Amendment of sch 3 (Reviewable decisions). . . . . . . . . . . . . . . . 135
107 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 135
Part 3 Amendment of Acts for purposes relating to general rail
matters
Division 1 Amendment of Anti-Discrimination Act 1991
108 Act amended in div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
109 Amendment of s 106A (Compulsory retirement age under
legislation etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
Division 2 Amendment of Assisted Students (Enforcement of
Obligations) Act 1951
110 Act amended in div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
111 Amendment of s 2 (Meaning of terms) . . . . . . . . . . . . . . . . . . . . . 148
Division 3 Amendment of Criminal Code
112 Act amended in div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
113 Amendment of s 1 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 149
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Division 4 Amendment of Electrical Safety Act 2002
114 Act amended in div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
115 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 149
Division 5 Amendment of Electricity Act 1994
116 Act amended in div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
117 Amendment of s 20Q (Exemptions for Queensland Rail). . . . . . . 150
Division 6 Amendment of Freedom of Information Act 1992
118 Act amended in div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
119 Amendment of sch 2 (Application of Act to GOCs) . . . . . . . . . . . 151
Division 7 Amendment of Integrated Planning Act 1997
120 Act amended in div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
121 Amendment of sch 9 (Development that is exempt from
assessment against a planning scheme) . . . . . . . . . . . . . . . . . . . 151
Division 8 Amendment of Judicial Review Act 1991
122 Act amended in div 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
123 Amendment of sch 6 (Application of Act to GOCs) . . . . . . . . . . . 152
Division 9 Amendment of Metropolitan Water Supply and Sewerage
Act 1909
124 Act amended in div 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
125 Amendment of s 31 (Interference with railway works) . . . . . . . . . 152
Division 10 Amendment of Mineral Resources Act 1989
126 Act amended in div 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
127 Amendment of s 404A (Distance of excavation from railway
works) ........................................ 153
128 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 153
Division 11 Amendment of South Bank Corporation Act 1989
129 Act amended in div 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
130 Amendment of s 17 (Vesting of public lands other than roads) . . 154
131 Replacement of s 38 (Continuance of railway operations) . . . . . . 154
38 Continuance of railway operations . . . . . . . . . . . . . . . 154
Division 12 Amendment of Transport Infrastructure Act 1994
132 Act amended in div 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
133 Amendment of s 20 (Transport GOCs). . . . . . . . . . . . . . . . . . . . . 155
134 Amendment of s 240 (Sublease of land to railway managers) . . . 155
135 Insertion of new s 240AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
240AA Interests in commercial corridor land continue after
acquisition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
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136 Amendment of s 240A (Registered interests in rail corridor land) 157
137 Amendment of s 240B (Unregistered rights in rail corridor land) . 157
138 Amendment of s 240F (Cancellation of right of access). . . . . . . . 158
139 Amendment of s 241 (Railway tunnel easements) . . . . . . . . . . . . 158
140 Replacement of s 248 (Queensland Rail not a common carrier) . 159
248 QR Limited and wholly owned subsidiaries not
common carriers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
141 Amendment of s 260 (Works for existing railways). . . . . . . . . . . . 159
142 Replacement of s 260A (Transfer of obligations for existing
railway to new railway manager). . . . . . . . . . . . . . . . . . . . . . . . . . 159
260A Transfer of obligations for existing railway to new
railway manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
143 Amendment of ch 13, hdg (Function of Queensland Rail) . . . . . . 160
144 Amendment of s 438 (Function) . . . . . . . . . . . . . . . . . . . . . . . . . . 160
145 Amendment of ch 18, hdg (Further transitional provisions) . . . . . 160
146 Insertion of new ch 18, pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
547 Declaration about particular subleases . . . . . . . . . . . 161
548 Declaration about sch 4 easements . . . . . . . . . . . . . . 161
549 Exercise of power under s 241 . . . . . . . . . . . . . . . . . . 162
550 Application of s 260A in relation to transfer of
sublease 701720343 . . . . . . . . . . . . . . . . . . . . . . . . . 162
147 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 163
Division 13 Amendment of Transport Operations (Passenger Transport)
Act 1994
148 Act amended in div 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
149 Amendment of s 111 (Appointment of authorised persons etc.) . 163
Division 14 Amendment of Transport (South Bank Corporation Area
Land) Act 1999
150 Act amended in div 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
151 Amendment of s 13 (Exemption from fees and charges) . . . . . . . 164
Division 15 Amendment of Valuation of Land Act 1944
152 Act amended in div 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
153 Amendment of s 14 (Deciding unimproved value of certain land) 164
Part 4 Amendment of Acts for purposes relating to heavy vehicle
reform
Division 1 Amendment of Transport Legislation Amendment Act 2007
154 Act amended in div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
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155 Amendment of s 70 (Amendment of s 163 (Forfeiture on
conviction)) ................................. 165
Division 2 Amendment of Transport Operations (Road Use
Management) Act 1995 to commence on assent
156 Act amended in div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
157 Amendment of s 18 (Grounds for amending, suspending or
cancelling approvals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
158 Insertion of new s 19B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
19B Application of ss 1819A to corresponding approvals 166
159 Amendment of s 39J (Meaning of fatigue regulated heavy
vehicle) ....................................... 167
160 Amendment of s 39K (Requiring person to rest for contravention
of maximum work requirement) . . . . . . . . . . . . . . . . . . . . . . . . . . 167
161 Amendment of s 39L (Requiring person to rest for contravention
of minimum rest requirement) . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
162 Amendment of s 57AB (Definitions for sdiv 2) . . . . . . . . . . . . . . . 168
163 Insertion of new ss 61H61J . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169
61H Particular label indicates device is an approved
electronic recording system . . . . . . . . . . . . . . . . . . . . 169
61I Documents produced by an electronic work diary . . . 169
61J Statement by person involved with operation of
electronic work diary . . . . . . . . . . . . . . . . . . . . . . . . . 169
164 Amendment of ch 6, pt 2, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
165 Insertion of new s 163E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
163E Objective reasonableness test to be used in deciding
causation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
166 Amendment of s 168A (Effect of corresponding administrative
action or corresponding order in relation to heavy vehicle) . . . . . 171
167 Insertion of new s 168AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172
168AA Effect of other administrative action in relation to
fatigue regulated heavy vehicle . . . . . . . . . . . . . . . . . 173
168 Amendment of sch 3 (Reviewable decisions). . . . . . . . . . . . . . . . 175
169 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 175
Division 3 Amendment of Transport Operations (Road Use
Management) Act 1995 to commence by proclamation
170 Act amended in div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177
171 Amendment of s 57B (Further liability provisions for extended
liability offences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177
172 Amendment of s 57G (Reliance on container weight declaration) 177
173 Insertion of new ch 3, pt 5, div 1, sdiv 4 . . . . . . . . . . . . . . . . . . . . 178
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Subdivision 4 Non-application of mistake of fact defence
57H Criminal Code, s 24 does not apply to particular
offences ............................... 178
174 Amendment of s 150C (Proceedings for particular offences
involving requirements about fatigue regulated heavy vehicles) . 180
175 Amendment of s 162D (Offence) . . . . . . . . . . . . . . . . . . . . . . . . . 180
176 Amendment of ch 5B, hdg (Severe risk breach of mass,
dimension or loading requirement for heavy vehicle) . . . . . . . . . . 181
177 Insertion of new ch 5B, pt 1, pt 2 and pt 3, hdg . . . . . . . . . . . . . . 181
Part 1 Minor risk breach
162AA Minor risk breach of mass requirement . . . . . . . . . . . 181
162AB Minor risk breach of dimension requirement . . . . . . . 181
162AC Minor risk breach of loading requirement . . . . . . . . . . 181
162AD Substantial risk breach of mass requirement . . . . . . . 182
162AE Substantial risk breach of dimension requirement . . . 182
162AF Substantial risk breach of loading requirement . . . . . 183
178 Amendment of s 162A (Severe risk breach of mass
requirement) ............................... 184
179 Amendment of s 162B (Severe risk breach of dimension
requirement) ...................................... 184
180 Amendment of s 162C (Severe risk breach of loading
requirement) ................................... 184
181 Insertion of new ch 5B, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184
162CA Special provision for dangerous projections. . . . . . . . 185
182 Amendment of s 163A (Noncompliance with mass, dimension or
loading concession) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185
183 Amendment of schedule 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . 185
Part 5 Amendment of Acts for purposes relating to open roads
Division 1 Amendment of Transport Operations (Road Use
Management) Act 1995
184 Act amended by div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187
185 Amendment of ch 3, pt 4C, hdg (Chief executive's powers for
vehicles) ....................................... 187
186 Renumbering of ch 3, pt 4C, divs 1 and 2 . . . . . . . . . . . . . . . . . . 187
187 Insertion of new ch 3, pt 4C, div 1 . . . . . . . . . . . . . . . . . . . . . . . . 187
Division 1 Definitions
51GAA Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187
188 Amendment of ch 3, pt 4C, div 2, heading . . . . . . . . . . . . . . . . . . 188
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189 Amendment of s 51G (Moving abandoned, or otherwise
stationary, vehicle on prescribed road). . . . . . . . . . . . . . . . . . . . . 188
190 Amendment of ch 3, pt 4C, div 3 (Recovering moving expenses) 189
191 Amendment and omission of s 51H (Definition for div 2) . . . . . . . 190
192 Amendment of s 51I (Recovering moving expenses) . . . . . . . . . . 190
193 Amendment of s 51J (Notice to owner) . . . . . . . . . . . . . . . . . . . . 190
194 Amendment of s 51K (Releasing removed vehicle) . . . . . . . . . . . 191
195 Amendment of s 51L (Disposing of removed vehicle) . . . . . . . . . 192
196 Insertion of new s 51M . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192
51M Immediate disposal in particular circumstances. . . . . 192
197 Insertion of new ch 3, pt 4C, div 4 . . . . . . . . . . . . . . . . . . . . . . . . 193
Division 4 Other provisions
51N Protection for persons exercising power under pt 4C. 193
51O Relationship with s 66 . . . . . . . . . . . . . . . . . . . . . . . . 193
51P Relationship with s 137 . . . . . . . . . . . . . . . . . . . . . . . 194
198 Amendment of s 100 (Removal of things from roads) . . . . . . . . . 194
199 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 194
Division 2 Amendment of Police Powers and Responsibilities Act 2000
200 Act amended in div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195
201 Replacement of ch 5, hdg (Vehicle removal powers generally) . . 195
202 Replacement of ch 5, pt 1, hdg (Seizing or moving vehicles). . . . 195
203 Insertion of new s 124AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195
124AA Definitions for pt 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . 196
204 Amendment of s 124 (Removal of vehicles from roads and other
places) ...................................... 196
205 Amendment of s 125 (Prescribed circumstances for s 124). . . . . 198
206 Amendment of ch 5, pt 2, hdg (Other provisions about seizure) . 199
207 Insertion of new s 125A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199
125A Recovering moving and seizure expenses in
particular circumstances . . . . . . . . . . . . . . . . . . . . . . 199
208 Amendment of s 126 (Steps after seizing vehicle) . . . . . . . . . . . . 200
209 Amendment of s 127 (Recovery of seized vehicle) . . . . . . . . . . . 202
210 Amendment of s 128 (Application of proceeds of sale) . . . . . . . . 202
211 Insertion of new ss 128A and 128B . . . . . . . . . . . . . . . . . . . . . . . 203
128A Immediate disposal in particular circumstances. . . . . 203
128B Protection for persons exercising power under ch 5. . 204
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212 Amendment of s 129 (Police officer may authorise tow after
seizure under any Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204
213 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 204
Part 6 Amendment of Acts for purposes relating to transit officers
Division 1 Amendment of Transport Operations (Passenger Transport)
Act 1994
214 Act amended in div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205
215 Amendment of s 2 (Objectives of Act) . . . . . . . . . . . . . . . . . . . . . 205
216 Insertion of new ch 11, pt 2, div 1, hdg and ch 11, pt 2, div 1,
sdiv 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205
217 Amendment of s 111 (Appointment of authorised persons etc.) . 206
218 Insertion of new ss 111A and 111B, ch 11, pt 2, div 1, sdivs 2
and 3 and ch 11, pt 2, div 2, hdg . . . . . . . . . . . . . . . . . . . . . . . . . 207
111A Restrictions on appointing authorised persons . . . . . 207
111B When person is suitable to be transit officer .... 207
111C Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . 209
111D Definition for sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 209
111E Person to be advised of duties of disclosure . . . . . . . 209
111F Transit officers must disclose relevant information
and changes to relevant information . . . . . . . . . . . . . 210
111G Chief executive may request information from
commissioner of the police service . . . . . . . . . . . . . . 211
111H Assessment of suitability . . . . . . . . . . . . . . . . . . . . . . 211
111I Particular persons to be advised if person unsuitable 212
111J Secrecy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213
111K Guidelines for dealing with relevant information . . . . . 215
111L Requirements for course of training . . . . . . . . . . . . . . 216
219 Amendment of s 112 (Identity cards) . . . . . . . . . . . . . . . . . . . . . . 217
220 Insertion of new ss 113A and 113B and ch 11, pt 2, divs 35
and div 6, hdg. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217
113A Uniforms for transit officers. . . . . . . . . . . . . . . . . . . . . 217
113B Transit officer must be in uniform . . . . . . . . . . . . . . . . 217
Division 3 Requirements relating to transit officers
113C Transit officers must continue to have relevant skills
and abilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217
113D Transit officer must not be under the influence of
alcohol or drugs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218
Division 4 Cessation of appointment
113E When authorised person ceases to hold office . . . . . 220
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113F Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220
113G Revocation of appointment of transit officer . . . . . . . . 220
Division 5 Application of other Acts to particular transit
officers
113H Application of Crime and Misconduct Act 2001 . . . . . 221
113I Application of Public Sector Ethics Act 1994 . . . . . . . 222
Division 6 Miscellaneous'.
221 Amendment of s 115 (Protection from liability). . . . . . . . . . . . . . . 223
222 Insertion of new ch 11, pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223
Part 2A Drug and alcohol testing of transit officers
116 Chief executive may require transit officer to undergo
alcohol or drug test. . . . . . . . . . . . . . . . . . . . . . . . . . . 224
117 Protection from liability for doctors advising on drug
test .................................. 225
118 Alcohol or drug test results generally inadmissible . . 226
223 Insertion of new ch 11, pts 4A and 4B . . . . . . . . . . . . . . . . . . . . . 226
Part 4A Functions and powers of transit officer for
protecting safety of persons or property
Division 1 Powers to detain a person
129A Power to detain person who has committed a
detainable offence . . . . . . . . . . . . . . . . . . . . . . . . . . . 227
129B Power to detain person to prevent continuation of
detainable offence . . . . . . . . . . . . . . . . . . . . . . . . . . . 227
129C Power to detain person to prevent contravention of
exclusion order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228
Division 2 Provisions about detaining persons generally
129D Handcuffs may be used for detaining person . . . . . . . 229
129E Period of detention . . . . . . . . . . . . . . . . . . . . . . . . . . . 229
129F Information to be given to detained person . . . . . . . . 230
129G Written report to be given to police officer . . . . . . . . . 230
129H Written report to be given to chief executive . . . . . . . 230
129I Requirements for written report given under this
division ............................... 231
129J Restrictions on questioning detained person . . . . . . . 232
Division 3 Additional provisions about detaining children
or persons with impaired capacity
129K Limitation on detaining child . . . . . . . . . . . . . . . . . . . . 233
129L Responsible person to be notified of detention . . . . . 233
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129M Giving warning etc. to child or person with impaired
capacity ................................. 234
129N Nature of detention for child or person with impaired
capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235
Division 4 Additional powers after person detained
129O Power to require detained person to remove outer
garment etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235
129P Limits on directing removal of outer garment worn by
detained person generally . . . . . . . . . . . . . . . . . . . . . 236
129Q Limit on directing removal of outer garment worn by
detained person who is a child or person with
impaired capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237
129R Limits on frisk searching detained person generally . 238
129S Limits on frisk searching detained person who is a
child or person with impaired capacity . . . . . . . . . . . . 238
129T Power to take and retain particular articles . . . . . . . . 239
Division 5 Recording details of exercise of powers under
this part
129U Chief executive must maintain a register of
detentions ........................... 240
Division 6 Other provisions about functions and powers
under this part
129V Guidelines must be followed. . . . . . . . . . . . . . . . . . . . 240
129W Application of juvenile justice principles . . . . . . . . . . . 240
129X Transit officer must not fail to comply with this part . . 241
Part 4B Powers of court to make exclusion orders for
protecting the public or property
129Y Definitions for pt 4B . . . . . . . . . . . . . . . . . . . . . . . . . . 241
129Z What is an exclusion order . . . . . . . . . . . . . . . . . . . . . 242
129ZA Court may make exclusion order . . . . . . . . . . . . . . . . 243
129ZB Matters court must consider in deciding whether to
make exclusion order . . . . . . . . . . . . . . . . . . . . . . . . . 244
129ZC Exclusion order to be explained if person before the
court .................................. 245
129ZD Amendment or revocation of exclusion order
generally ............................ 246
129ZE Order to be given to interested persons . . . . . . . . . . . 247
129ZF Amendment of exclusion order that restricts access
for changes in personal circumstances . . . . . . . . . . . 248
129ZG Offence to contravene exclusion order . . . . . . . . . . . . 250
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224 Amendment of s 143AE (Interfering with service, vehicle or
equipment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 251
225 Amendment of s 143AF (Creating disturbance or nuisance on
railway or vehicle) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 251
226 Amendment of s 143AHA (Power to require person to leave
train etc.) ........................................ 251
227 Insertion of new s 143AHB. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252
143AHB Power to require person to leave or not enter public
transport infrastructure if person contravening
exclusion order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252
228 Amendment of ch 13, pt 5, hdg (Provision for Transport
Operations (Translink Transit Authority) Act 2008) . . . . . . . . . . . . 253
229 Amendment of s 180 (Existing declarations under s 42(2) for a
scheduled passenger service) . . . . . . . . . . . . . . . . . . . . . . . . . . . 253
230 Insertion of new ch 13, pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253
Part 7 Transitional provision for Transport and Other
Legislation Amendment Act 2008, part 6,
division 1
182 Application of ch 11, pt 4B . . . . . . . . . . . . . . . . . . . . . 254
231 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 254
Division 2 Amendments of other Acts
Subdivision 1 Amendment of Criminal Code
232 Act amended in sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256
233 Amendment of s 340 (Serious assaults) . . . . . . . . . . . . . . . . . . . 256
Subdivision 2 Amendment of Police Powers and Responsibilities Act 2000
234 Act amended in sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257
235 Amendment of s 393 (Duty of police officer after arrest etc. of
person) .......................................... 257
Subdivision 3 Amendment of Security Providers Act 1993
236 Act amended in sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257
237 Amendment of s 4 (Who is a security provider) . . . . . . . . . . . . . . 257
Part 7 Amendment of Acts for purposes relating to maritime
matters
Division 1 Amendment of Transport Operations (Marine Pollution) Act
1995
238 Act amended in div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 258
239 Amendment of s 6 (Meaning of MARPOL). . . . . . . . . . . . . . . . . . 258
240 Replacement of s 38 (Certain noxious liquid substances to be
treated as oil) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 259
38 Procedures and arrangements manual . . . . . . . . . . . 259
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38A Shipboard marine pollution emergency plan for
noxious liquid substances. . . . . . . . . . . . . . . . . . . . . . 259
241 Amendment of s 45 (Definitions for pt 7) . . . . . . . . . . . . . . . . . . . 260
242 Amendment of s 48A (Ship with fixed toilet operating in
prescribed nil discharge waters to be able to hold or treat
sewage) ....................................... 260
243 Insertion of new s 50A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
50A Discharge of sewage by prescribed ships . . . . . . . . . 261
244 Insertion of new s 55AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
55AA Placard about garbage disposal requirements. . . . . . 262
245 Insertion of new ss 117GA117GC . . . . . . . . . . . . . . . . . . . . . . . 263
117GA Further power of District Court if enforcement order
is contravened . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
117GB Recovery by State of expenses of taking authorised
action ................................. 263
117GC Recovery by other persons of damages in particular
circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
246 Insertion of new s 132G . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
132G Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
247 Insertion of new pt 17, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
Division 4 Transitional provisions for Transport and Other
Legislation Amendment Act 2008, part 7,
division 1
157 Provision for prosecutions under previous s 38(4) . . . 264
158 Application of s 50A . . . . . . . . . . . . . . . . . . . . . . . . . . 265
248 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 265
Division 2 Amendment of Transport Operations (Marine Safety) Act
1994
249 Act amended in div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
250 Insertion of new s 167A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
167A Power to require production of marine safety
equipment ............................ 266
251 Insertion of new ss 183GA183GC . . . . . . . . . . . . . . . . . . . . . . . 267
183GA Further power of District Court if enforcement order
is contravened . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 267
183GB Recovery by State of expenses of taking authorised
action .................................. 267
183GC Recovery by other persons of damages in particular
circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 267
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252 Amendment of s 200 (Special provision for service of
documents) ................................... 268
253 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 268
Part 8 Amendment of Acts relating to transport corridor
protection
Division 1 Amendment of Transport Planning and Coordination Act
1994
254 Act amended in div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 269
255 Amendment of s 8D (Impact of change of management of local
government road on public passenger transport). . . . . . . . . . . . . 269
256 Amendment of s 8E (Guidelines for pt 2A) . . . . . . . . . . . . . . . . . . 270
Division 2 Amendment of Transport Operations (Road Use
Management) Act 1995
257 Act amended in div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 271
258 Amendment of s 66 (Local laws etc.) . . . . . . . . . . . . . . . . . . . . . . 271
259 Amendment of s 69 (Local government may install or remove
official traffic signs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 271
Part 9 Amendment of the Transport Infrastructure Act 1994 for
purposes relating to rapid public transport systems
260 Act amended in pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272
261 Amendment of s 2 (Objectives of this Act) . . . . . . . . . . . . . . . . . . 272
262 Insertion of new s 303AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272
303AA Sublease of lease of busway land . . . . . . . . . . . . . . . 272
263 Replacement of ch 9, pt 4, div 5 (Use of busway land) . . . . . . . . 274
Division 5 Use of busway or busway transport
infrastructure
264 Insertion of new ch 9, pt 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 275
Part 4A Accreditation as busway manager
335AA Reference to busway in pt 4A. . . . . . . . . . . . . . . . . . . 275
335AB Only accredited person can manage busway. . . . . . . 275
335AC Application for accreditation . . . . . . . . . . . . . . . . . . . . 275
335AD Additional information for application . . . . . . . . . . . . . 275
335AE Giving accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . 276
335AF Annual levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 277
335AG Accreditation conditions . . . . . . . . . . . . . . . . . . . . . . . 278
335AH Requiring accreditation conditions to be complied
with ................................ 278
335AI Accreditation period . . . . . . . . . . . . . . . . . . . . . . . . . . 279
335AJ Amending accreditation conditions on application . . . 279
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335AK Amending accreditation conditions without
application .......................... 280
335AL Suspending or cancelling accreditation . . . . . . . . . . . 281
335AM Immediate suspension of accreditation . . . . . . . . . . . 282
335AN Limited suspension of accreditation . . . . . . . . . . . . . . 283
335AO Surrender of accreditation . . . . . . . . . . . . . . . . . . . . . 283
335AP Accreditation for proposed busway. . . . . . . . . . . . . . . 283
265 Insertion of new s 360A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 284
360A Powers of chief executive for light rail transport
infrastructure works contracts etc. . . . . . . . . . . . . . . . 284
266 Replacement of ch 10, pt 4, div 4 (Use of light rail land) . . . . . . . 285
Division 4 Use of light rail or light rail transport
infrastructure
377 Trespass on light rail land or light rail transport
infrastructure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 286
267 Amendment of sch 1 (Subject matter for regulations) . . . . . . . . . 287
268 Amendment of sch 3 (Reviews and appeals) . . . . . . . . . . . . . . . . 288
269 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 289
Part 10 Amendment of Transport Planning and Coordination Act
1994
270 Act amended in pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 289
271 Amendment of s 8A (Object of pt 2A). . . . . . . . . . . . . . . . . . . . . . 290
272 Amendment of s 8B (Impact of particular development on public
passenger transport) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 291
Part 11 Amendment of Transport Acts for various purposes
Division 1 Amendment of Tow Truck Act 1973
273 Act amended in div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 291
274 Amendment of s 4C (Who is an appropriate person) . . . . . . . . . . 291
275 Amendment of s 6 (Application for licence) . . . . . . . . . . . . . . . . . 292
276 Amendment of s 9 (Renewal of licence). . . . . . . . . . . . . . . . . . . . 292
277 Amendment of s 14 (Application for driver's or assistant's
certificate) ..................................... 292
278 Amendment of s 17 (Duration and renewal of driver's or
assistant's certificate) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 293
279 Amendment of s 21A (Cancellation or suspension of authorities) 293
280 Replacement of s 36 (Chief executive's notification to
commissioner of the police service about a person) . . . . . . . . . . 294
36 Chief executive may obtain information from the
commissioner of the police service . . . . . . . . . . . . . . 294
Page 19
Transport and Other Legislation Amendment Bill 2008
Contents
281 Amendment of s 36A (Notice of change in police information
about a person) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 295
282 Amendment of s 41 (Offences by body corporate). . . . . . . . . . . . 295
283 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 295
Division 2 Amendment of Transport Infrastructure Act 1994
284 Act amended in div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 295
285 Amendment of s 46 (Temporary restrictions on use of
State-controlled roads) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 296
286 Amendment of s 178 (Power to enter places) . . . . . . . . . . . . . . . 297
287 Amendment of s 267A (Meaning of port facilities) . . . . . . . . . . . . 297
288 Amendment of s 276 (Port services function) . . . . . . . . . . . . . . . 298
289 Amendment of s 285 (Land use plans) . . . . . . . . . . . . . . . . . . . . 298
290 Amendment of s 288 (Restrictions on dealing in property) . . . . . 298
291 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 299
Division 3 Amendment of Transport Operations (Road Use
Management) Act 1995
292 Act amended in div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 299
293 Amendment of s 17B (Granting, renewing or refusing approval) . 299
294 Amendment of s 17C (Chief executive may obtain information
from commissioner) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 299
295 Amendment of s 17D (Notice of change in police information
about a person) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301
296 Amendment of s 18 (Grounds for amending, suspending or
cancelling approvals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301
Part 12 Amendment of other Acts for various purposes
Division 1 Amendment of Anzac Day Act 1995
297 Act amended in div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302
298 Amendment of s 22 (Terms of appointment) . . . . . . . . . . . . . . . . 302
Division 2 Amendment of Building and Construction Industry
(Portable Long Service Leave) Act 1991
299 Act amended in div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302
300 Amendment of s 59 (Amount of long service leave payment) . . . 302
301 Insertion of new s 59A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 303
59A Maximum amount of ordinary pay for normal working
week ................................... 303
302 Amendment of s 62 (Payments to employers) . . . . . . . . . . . . . . . 304
303 Insertion of new s 62AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304
62AA Maximum amount of ordinary pay for normal working
week ................................... 304
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Transport and Other Legislation Amendment Bill 2008
Contents
304 Insertion of new pt 11, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 305
Division 5 Transitional provisions for Transport and Other
Legislation Amendment Act 2008, part 12,
division 2
122 Cap applicable to all applications received on or after
commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 306
305 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 306
Division 3 Amendment of Dangerous Goods Safety Management Act
2001
306 Act amended in div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 307
307 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 307
Division 4 Amendment of Fire and Rescue Service Act 1990
308 Act amended in div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 307
309 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 307
Division 5 Amendment of Workers' Compensation and Rehabilitation
Act 2003
310 Act amended in div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 308
311 Amendment of s 136 (Worker must notify return to work or
engagement in a calling) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 308
312 Amendment of s 586 (Approval of forms). . . . . . . . . . . . . . . . . . . 308
313 Insertion of new ch 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 309
Chapter 22 Transitional provision for Transport and Other
Legislation Amendment Act 2008, part 12,
division 5
655 Validation of particular applications made by phone . 310
Page 21
2008
A Bill
for
An Act to amend the Anti-Discrimination Act 1991, Anzac Day
Act 1995, Assisted Students (Enforcement of Obligations) Act
1951, Building and Construction Industry (Portable Long
Service Leave) Act 1991, Criminal Code, Dangerous Goods
Safety Management Act 2001, Electrical Safety Act 2002,
Electricity Act 1994, Fire and Rescue Service Act 1990,
Freedom of Information Act 1992, Integrated Planning Act 1997,
Judicial Review Act 1991, Metropolitan Water Supply and
Sewerage Act 1909, Mineral Resources Act 1989, Police Powers
and Responsibilities Act 2000, Security Providers Act 1993,
South Bank Corporation Act 1989, Tow Truck Act 1973,
Transport Infrastructure Act 1994, Transport Legislation
Amendment Act 2007, Transport Operations (Marine Pollution)
Act 1995, Transport Operations (Marine Safety) Act 1994,
Transport Operations (Passenger Transport) Act 1994,
Transport Operations (Road Use Management) Act 1995,
Transport Planning and Coordination Act 1994, Transport
(South Bank Corporation Area Land) Act 1999, Workers'
Compensation and Rehabilitation Act 2003 and Valuation of
Land Act 1944 for particular purposes
Transport and Other Legislation Amendment Bill 2008
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Transport and Other Legislation 4
Amendment Act 2008. 5
Clause 2 Commencement 6
(1) Part 3, division 13 commences on 1 March 2009. 7
(2) Part 12, division 2 commences on 1 January 2009. 8
(3) The following provisions commence on a day to be fixed by 9
proclamation-- 10
(a) part 2; 11
(b) part 4, division 3; 12
(c) part 5; 13
(d) part 6, other than division 2, subdivision 3; 14
(e) part 11, divisions 1 and 3; 15
(f) part 12, divisions 3 and 4. 16
Page 23
Transport and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acts for purposes relating to dangerous goods
[s 3]
Part 2 Amendment of Acts for 1
purposes relating to dangerous 2
goods 3
Division 1 Amendment of Transport 4
Infrastructure Act 1994 5
Clause 3 Act amended in div 1 6
This division amends the Transport Infrastructure Act 1994. 7
Clause 4 Amendment of s 440 (Application of ch 14) 8
(1) Section 440(2)(a) to (h)-- 9
omit, insert-- 10
`(a) the transport of the following except if transported with 11
other dangerous goods-- 12
(i) radioactive substances under the Radiation Safety 13
Act 1999; 14
(ii) explosives under the Explosives Act 1999; 15
(b) the transport of dangerous goods if the total quantity of 16
dangerous goods in a load on a rail vehicle is less than 17
the quantity for which an inner package, as prescribed 18
under a regulation, is required to be marked under the 19
regulation; 20
(c) the transport by a person of a load of dangerous goods 21
by rail if-- 22
(i) the load does not contain dangerous goods-- 23
(A) in a receptacle with a capacity that is more 24
than a capacity prescribed under a 25
regulation; or 26
(B) in a receptacle if the quantity of dangerous 27
goods in the receptacle is more than the 28
Page 24
Transport and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acts for purposes relating to dangerous goods
[s 4]
quantity prescribed under a regulation for the 1
receptacle; and 2
(ii) the goods are not, and do not include, dangerous 3
goods prescribed under a regulation as designated 4
dangerous goods; and 5
(iii) the aggregate quantity of the dangerous goods in 6
the load, as worked out under a regulation, is less 7
than 25% of a load of dangerous goods that, under 8
a regulation, is required to be placarded; and 9
(iv) the goods are not being transported by the person 10
in the course of a business of transporting goods by 11
rail.'. 12
(2) Section 440-- 13
insert-- 14
`(3) Also, even if particular goods are prescribed under a 15
regulation as dangerous goods, this chapter does not apply to 16
the transport of the particular dangerous goods in a rail 17
vehicle if-- 18
(a) the dangerous goods are in packaging that is-- 19
(i) designed for, and forming part of, the fuel or 20
electrical system of the rail vehicle propulsion 21
engine or auxiliary engine; or 22
(ii) part of, and necessary for, the operation of an 23
appliance, plant or refrigeration system forming 24
part of or attached to the rail vehicle; or 25
(b) the dangerous goods are in equipment carried in, fitted 26
to or installed in the rail vehicle and designed for the 27
safety or protection of an occupant of the rail vehicle, 28
the rail vehicle or its load, including, for example, a fire 29
extinguisher or self-contained breathing apparatus. 30
`(4) A requirement of this Act imposed because of this chapter 31
does not apply to the transport by rail of dangerous goods to 32
the extent the goods are transported by, or under the direction 33
of, an authorised person or relevant emergency service officer 34
to prevent a dangerous situation.'. 35
Page 25
Transport and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acts for purposes relating to dangerous goods
[s 5]
Clause 5 Amendment of s 442 (Regulations about dangerous 1
goods) 2
(1) Section 442(1), from `A regulation may' to `in bulk by rail;'-- 3
omit, insert-- 4
`A regulation may make provision about dangerous goods and 5
the transport of dangerous goods by rail, including, for 6
example, the following-- 7
(a) identifying and classifying goods as dangerous goods, 8
and the identification and classification of dangerous 9
goods; 10
(b) the making of decisions by the chief executive for the 11
purposes of a regulation in relation to the following-- 12
(i) the identification and classification of goods as 13
dangerous goods; 14
(ii) the identification and classification of dangerous 15
goods; 16
(iii) the specification of what is, and what is not, 17
compatible with dangerous goods for transport 18
purposes; 19
(iv) prohibiting or regulating the transport of dangerous 20
goods; 21
(v) regulating the containment of dangerous goods that 22
are being, or that are to be, transported;'. 23
(2) Section 442(1)(e) and (f)-- 24
omit, insert-- 25
`(e) the marking and labelling of packages containing 26
dangerous goods for transport and the placarding of rail 27
vehicles and packaging on or in which dangerous goods 28
are transported;'. 29
(3) Section 442(1)(g), after `containers'-- 30
insert-- 31
`, rail vehicles'. 32
Page 26
Transport and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acts for purposes relating to dangerous goods
[s 5]
(4) Section 442(1)(h)-- 1
omit, insert-- 2
`(h) the manufacture of rail vehicles, containers, packaging, 3
equipment and other items for use in transporting 4
dangerous goods;'. 5
(5) Section 442(1)(l) and (m)-- 6
omit, insert-- 7
`(l) the approval of-- 8
(i) rail vehicles, packaging, equipment and other 9
items used in relation to transporting dangerous 10
goods; and 11
(ii) facilities for, and methods of, testing or using rail 12
vehicles, packaging, equipment and other items 13
used in relation to transporting dangerous goods; 14
and 15
(iii) processes carried out in relation to transporting 16
dangerous goods;'. 17
(6) Section 442(1) -- 18
insert-- 19
`(r) the recognition of accredited providers of training, 20
package testing, design verification and other similar 21
activities.'. 22
(7) Section 442-- 23
insert-- 24
`(1A) Without limiting subsection (1), a regulation may make 25
provision about-- 26
(a) the recognition of laws of other jurisdictions relating to 27
transporting dangerous goods by rail, things done under 28
those laws and giving effect to those things; and 29
(b) the recognition of an entity (the competent authorities 30
panel) whose membership includes the chief executive 31
Page 27
Transport and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acts for purposes relating to dangerous goods
[s 5]
and dangerous goods authorities, and other matters in 1
relation to the competent authorities panel. 2
`(1B) For subsection (1A)(b), a regulation may provide that the 3
chief executive must refer to the competent authorities 4
panel-- 5
(a) an application made to the chief executive for a 6
decision, approval or exemption under this Act if the 7
chief executive considers the decision, approval or 8
exemption should have effect in all participating 9
dangerous goods jurisdictions or some of those 10
jurisdictions including this jurisdiction; or 11
(b) a decision, approval or exemption under this Act that 12
has effect in all participating dangerous goods 13
jurisdictions or some of those jurisdictions including 14
this jurisdiction if-- 15
(i) the chief executive considers the decision, approval 16
or exemption should be cancelled or amended; or 17
(ii) a dangerous goods authority recommended to the 18
chief executive that the decision, approval or 19
exemption should be cancelled or amended; or 20
(c) a recommendation by the chief executive to a dangerous 21
goods authority that a decision, approval or exemption 22
given by the authority under a corresponding law, that 23
has effect in all participating dangerous goods 24
jurisdictions or some of those jurisdictions including 25
this jurisdiction, if the chief executive considers a 26
ground exists under the corresponding law for the 27
authority to cancel or amend the decision, approval or 28
exemption. 29
`(1C) If a regulation provides that a matter must be referred to the 30
competent authorities panel, the regulation may provide that 31
the chief executive must have regard to the panel's decision. 32
`(1D) A regulation may make provision in relation to an action taken 33
or decision made by the competent authorities panel or a 34
dangerous goods authority in relation to a matter considered 35
by the competent authorities panel, including that the action or 36
Page 28
Transport and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acts for purposes relating to dangerous goods
[s 6]
decision has effect in this jurisdiction as if it were an action or 1
decision of the chief executive.'. 2
(8) Section 442(3) and (4)-- 3
omit, insert-- 4
`(3) The Statutory Instruments Act 1992 is not limited by this 5
section. 6
`(4) In this section-- 7
amend includes vary. 8
corresponding law means-- 9
(a) a law of another State corresponding, or substantially 10
corresponding, to this chapter; or 11
(b) a law of the other State that is declared under a 12
regulation to be a corresponding law, whether or not the 13
law corresponds, or substantially corresponds, to this 14
chapter.'. 15
Clause 6 Amendment of s 443 (Exemptions) 16
Section 443(4), (5), (6) and (7)-- 17
omit, insert-- 18
`(4) A person operating under an exemption must comply with any 19
conditions on which the exemption was granted. 20
Maximum penalty--135 penalty units or 6 months 21
imprisonment. 22
`(5) If an application is made for an exemption and the chief 23
executive grants the exemption, the chief executive must send 24
to each applicant a notice stating-- 25
(a) the provisions of a dangerous goods regulation in 26
relation to which the exemption applies; and 27
(b) the dangerous goods to which the exemption applies; 28
and 29
(c) the time for which the exemption applies, including the 30
date that the exemption takes effect; and 31
Page 29
Transport and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acts for purposes relating to dangerous goods
[s 6]
(d) the conditions to which the exemption is subject; and 1
(e) the geographical area for which the exemption applies; 2
and 3
(f) for a class exemption--each of the following to be 4
stated in the exemption-- 5
(i) the class of person exempted; 6
(ii) the class representative for the exemption. 7
`(6) If an application is made for an exemption and the chief 8
executive does not grant the exemption, the chief executive 9
must give a notice stating the following to each applicant-- 10
(a) that the chief executive is not granting the exemption; 11
(b) the reasons for the decision; 12
(c) that the person may-- 13
(i) under section 485, ask for the decision to be 14
reviewed and appeal against the reviewed decision; 15
and 16
(ii) under the Transport Planning and Coordination 17
Act 1994, part 5, ask for the decision or the 18
reviewed decision to be stayed. 19
Note-- 20
A notice is not required when an exemption is granted on conditions. 21
`(7) The Statutory Instruments Act 1992, sections 24 to 26 apply to 22
the exemption as if it were a statutory instrument. 23
`(8) A regulation may make provision in relation to applying for, 24
and the giving of, exemptions under this Act. 25
`(9) In this section-- 26
applicant means-- 27
(a) a person who has applied under subsection (1) for 28
himself or herself, whether or not the application is 29
made jointly with other persons; or 30
Page 30
Transport and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acts for purposes relating to dangerous goods
[s 7]
(b) a person who is a representative of a class of persons 1
and who has applied under subsection (1) for the class 2
of persons; or 3
(c) a person who is a member of a class of persons and 4
whose name and address is given in an application made 5
by a person as mentioned in paragraph (b).'. 6
Clause 7 Amendment of s 444 (Grounds for amending, suspending 7
or cancelling approval or exemption) 8
Section 444(2)-- 9
omit, insert-- 10
`(2) It is a ground for amending, suspending or cancelling an 11
approval or exemption if the person, or 1 or more of the 12
persons, to whom the approval or exemption applies-- 13
(a) has contravened a condition of the approval or 14
exemption; or 15
(b) has been convicted of a dangerous goods offence or of 16
an offence against a law of another State or the 17
Commonwealth about transporting dangerous goods by 18
rail. 19
`(3) It is also a ground for amending, suspending or cancelling an 20
exemption if-- 21
(a) public safety has been endangered, or is likely to be 22
endangered because of the exemption; or 23
(b) the chief executive considers that if he or she were 24
dealing with an application for the exemption again (a 25
notional application), the chief executive would not be 26
satisfied, as mentioned in section 443(2), in relation to 27
the granting of the notional application; or 28
(c) the chief executive considers it necessary in the public 29
interest. 30
`(4) It is also a ground for amending, suspending or cancelling an 31
approval if-- 32
Page 31
Transport and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acts for purposes relating to dangerous goods
[s 8]
(a) public safety has been endangered, or is likely to be 1
endangered because of the exemption; or 2
(b) the chief executive considers it necessary in the public 3
interest.'. 4
Clause 8 Amendment of s 449 (Immediate suspension in the public 5
interest) 6
(1) Section 449(2)(b), `the notice'-- 7
omit, insert-- 8
`the day the notice under this section'. 9
(2) Section 449(3)(b), from `the notice'-- 10
omit, insert-- 11
`the day the notice under this section is given to the class 12
representative.'. 13
Clause 9 Omission of s 450 (Goods too dangerous to be 14
transported) 15
Section 450-- 16
omit. 17
Clause 10 Amendment of s 451 (Duties when transporting 18
dangerous goods) 19
(1) Section 451(1), penalty-- 20
omit. 21
(2) Section 451, after `chapter'-- 22
insert-- 23
`or a dangerous goods regulation'. 24
(3) Section 451(2), penalty-- 25
omit, insert-- 26
`Maximum penalty-- 27
Page 32
Transport and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acts for purposes relating to dangerous goods
[s 11]
(a) if the contravention results in death or grievous bodily 1
harm to a person--1320 penalty units or 2 years 2
imprisonment; or 3
(b) otherwise--665 penalty units or 1 year's 4
imprisonment.'. 5
Clause 11 Replacement of s 452 (Prohibition on involvement in the 6
transportation of dangerous goods by rail) 7
Section 452-- 8
omit, insert-- 9
`452 Exclusion orders prohibiting involvement in the 10
transport of dangerous goods by rail 11
`(1) This section applies if a person is convicted of a dangerous 12
goods offence. 13
`(2) The court before which the person is convicted may, after 14
having regard to the following matters, make an order (an 15
exclusion order) that the person be prohibited for a stated 16
period from involvement in the transport of dangerous goods 17
by rail-- 18
(a) the person's record in the transport of dangerous goods; 19
(b) the person's criminal history to the extent the court 20
considers it relevant to the making of the exclusion 21
order; 22
(c) the circumstances surrounding the commission of the 23
offence; 24
(d) any other matters the court considers appropriate. 25
`(3) However, the court must not make an exclusion order that 26
prohibits the person from driving a rail vehicle other than a 27
rail vehicle transporting dangerous goods. 28
`(4) A person must not contravene an exclusion order. 29
Maximum penalty--665 penalty units or 2 years 30
imprisonment. 31
Page 33
Transport and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acts for purposes relating to dangerous goods
[s 11]
`(5) Subsections (2) and (4) do not limit any other penalty the 1
court may impose for the offence. 2
`(6) If a court has made an exclusion order, the court may revoke 3
or amend the exclusion order on the application of-- 4
(a) the chief executive; or 5
(b) the person for whom the order was made but only if the 6
court is satisfied there has been a change of 7
circumstances warranting revocation or amendment and 8
the chief executive was given reasonable notice of the 9
application. 10
`(7) For subsection (6), the chief executive is entitled to appear and 11
be heard and to give and produce evidence at the hearing of 12
the application for or against the granting of the revocation or 13
amendment. 14
`(8) In this section-- 15
criminal history, of a person, means each of the following 16
despite the Criminal Law (Rehabilitation of Offenders) Act 17
1986, sections 6, 8 and 9-- 18
(a) every conviction of the person for an offence, in 19
Queensland or elsewhere, and whether before or after 20
the commencement of this provision; 21
(b) every charge made against the person for an offence, in 22
Queensland or elsewhere, and whether before or after 23
the commencement of this provision. 24
involvement, in the transport of dangerous goods by rail, 25
includes the following-- 26
(a) importing, or arranging for the importation of, 27
dangerous goods; 28
(b) marking or labelling packages and unit loads containing 29
dangerous goods for transport by rail, and placarding 30
vehicles in which dangerous goods are transported by 31
road; 32
(c) consigning dangerous goods for transport by rail; 33
Page 34
Transport and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acts for purposes relating to dangerous goods
[s 12]
(d) loading dangerous goods onto a vehicle or into a 1
container that is to be put on a vehicle for transport by 2
rail or unloading dangerous goods that have been 3
transported by rail; 4
(e) undertaking or being responsible for, other than as an 5
employee or subcontractor, the transport of dangerous 6
goods by rail; 7
(f) driving a vehicle carrying dangerous goods by rail; 8
(g) being a consignee of dangerous goods transported by 9
rail; 10
(h) being involved as a director, secretary or manager of a 11
corporation or other person who takes part in the 12
management of a corporation that takes part in 13
something mentioned in paragraphs (a) to (g).'. 14
Clause 12 Replacement of s 453 (Forfeiture on conviction) 15
Section 453-- 16
omit, insert-- 17
`453 Forfeiture if conviction relates to dangerous goods 18
`(1) This section applies if a person is convicted of a dangerous 19
goods offence. 20
`(2) The court before which the person is convicted may order the 21
dangerous goods or their packaging, or other things used to 22
commit the offence, be forfeited to the State. 23
`(3) Subsection (1) does not limit the court's power to make any 24
other order on the conviction including an order under section 25
455.'. 26
Clause 13 Amendment of s 455 (Recovery of costs from convicted 27
person) 28
(1) Section 455(1)-- 29
omit, insert-- 30
Page 35
Transport and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acts for purposes relating to dangerous goods
[s 14]
`(1) A court convicting a person of a dangerous goods offence may 1
order the person to pay to the State any of the following-- 2
(a) costs that have been reasonably incurred in investigating 3
and prosecuting the offence including, for example, 4
collecting, packaging, testing, transporting, storing or 5
destroying the dangerous goods or other evidence; 6
(b) costs that, after the conviction, will be reasonably 7
incurred in collecting, packaging, testing, transporting, 8
storing, destroying, selling or otherwise disposing of the 9
dangerous goods or other evidence, whether or not there 10
is an order under section 453 for forfeiture of the 11
dangerous goods or other things.'. 12
(2) Section 455-- 13
insert-- 14
`(4) A document purporting to be signed by any of the following 15
stating details of the costs that have been or will be reasonably 16
incurred for a matter mentioned in subsection (1) is evidence 17
of the costs-- 18
(a) for the department--the chief executive; 19
(b) for another government entity--the person who is the 20
chief executive or otherwise responsible for the entity.'. 21
Clause 14 Replacement of s 457 (Certificates and documents) 22
Section 457-- 23
omit, insert-- 24
`457 Facilitation of proof 25
`(1) In a prosecution for a dangerous goods offence, if an 26
authorised person gives evidence that he or she believes, or 27
believed at a particular time relevant to the exercise of a 28
power, any of the matters mentioned in subsection (2), the 29
court must accept the matter as proved if-- 30
(a) it considers the belief is, or was, reasonable; and 31
(b) there is no evidence to the contrary. 32
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[s 14]
`(2) The matters are as follows-- 1
(a) that dangerous goods described in transport 2
documentation as being carried in a rail vehicle are or 3
were carried in the rail vehicle; 4
(b) that particular goods are or were dangerous goods or 5
dangerous goods of a particular type; 6
(c) if a marking or placard on, or attached to, a substance or 7
container indicates or indicated that the substance is or 8
was or the container contains or contained particular 9
dangerous goods--that the substance is or was or the 10
container contains or contained those dangerous goods; 11
(d) if a marking on, or attached to, a package indicates or 12
indicated that the package contains or contained 13
particular dangerous goods--that the package contains 14
or contained those dangerous goods; 15
(e) if a marking or placard on, or attached to, a vehicle or 16
equipment indicates or indicated that the vehicle or 17
equipment is or was being used to transport dangerous 18
goods--that the vehicle or equipment is or was being 19
used to transport those dangerous goods; 20
(f) if a marking or placard on, or attached to, a substance or 21
packaging indicates or indicated, in relation to the 22
substance, the packaging or the contents of the 23
packaging, a particular capacity, tare weight, origin, 24
character, specification, ownership or date of 25
manufacture--that the substance, the packaging or the 26
contents of the packaging has or had that capacity, tare 27
weight, origin, character, specification, ownership or 28
date of manufacture; 29
(g) if markings on, or attached to, a package indicate or 30
indicated, in relation to the contents of the package, a 31
particular capacity, tare weight, origin, character, 32
specification, ownership or date of manufacture--that 33
the contents of the package have or had that capacity, 34
tare weight, origin, character, specification, ownership 35
or date of manufacture; 36
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Transport and Other Legislation Amendment Bill 2008
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[s 15]
(h) if a marking or placard on, or attached to, a vehicle or 1
packaging indicates or indicated, in relation to the load 2
of the vehicle or the contents of the packaging, a 3
particular quantity of dangerous goods--that the vehicle 4
or packaging contains or contained that quantity of 5
dangerous goods; 6
(i) that a person is or is not, or was or was not at a particular 7
time, accredited in relation to the transport by rail of 8
dangerous goods. 9
`457A Document signed by chief executive is evidence of 10
matters stated in it if no evidence to the contrary 11
`(1) In a prosecution for a contravention of this Act, a court may 12
admit each of the following documents as evidence if the 13
document purports to be signed by the chief executive-- 14
(a) a document relating to whether a person is exempt from 15
a requirement under section 443; 16
(b) a document relating to a vehicle, equipment or another 17
item required under a dangerous goods regulation to be 18
approved by the chief executive; 19
(c) a document relating to an accreditation under a 20
dangerous goods regulation about the transport of 21
dangerous goods. 22
`(2) If there is no evidence to the contrary, the court must accept 23
the document as proof of the facts stated in it.'. 24
Clause 15 Insertion of new ch14, pt 7 25
Chapter 14-- 26
insert-- 27
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Transport and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acts for purposes relating to dangerous goods
[s 15]
`Part 7 Goods too dangerous to be 1
transported 2
`458A Application of Act to goods too dangerous to be 3
transported 4
`(1) Unless otherwise provided, provisions of this Act relating to 5
dangerous goods also apply in relation to goods too dangerous 6
to be transported. 7
`(2) This Act does not authorise the transport by rail of goods too 8
dangerous to be transported. 9
`(3) For subsection (1)-- 10
(a) a reference in a provision of this Act to dangerous goods 11
includes a reference to goods too dangerous to be 12
transported; and 13
(b) a reference in a provision of this Act to a dangerous 14
goods regulation includes a reference to a regulation that 15
makes provision for goods too dangerous to be 16
transported. 17
`(4) Subsections (1) and (3) do not apply to the following 18
provisions-- 19
(a) section 440; 20
(b) part 2; 21
(c) section 443. 22
`(5) Also, subsections (1) and (3) do not apply to subordinate 23
legislation made under this Act unless a particular instrument 24
of subordinate legislation expressly provides. 25
`(6) A requirement of this Act imposed because of this part does 26
not apply to the transport by rail of goods too dangerous to be 27
transported to the extent the goods are transported by, or under 28
the direction of, an authorised person or relevant emergency 29
service officer to prevent a dangerous situation. 30
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Transport and Other Legislation Amendment Bill 2008
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[s 15]
`458B Consignment of goods too dangerous to be 1
transported prohibited 2
`A person must not consign for transport by rail goods too 3
dangerous to be transported. 4
Maximum penalty-- 5
(a) if the contravention results in death or grievous bodily 6
harm to a person--1320 penalty units or 2 years 7
imprisonment; or 8
(b) otherwise--665 penalty units or 1 year's imprisonment. 9
`458C Regulations 10
`(1) A regulation may make provision about goods too dangerous 11
to be transported by rail, including, for example, the 12
following-- 13
(a) identifying, classifying and regulating goods that are too 14
dangerous to be transported, including prohibiting the 15
transport of the goods; 16
(b) the making of decisions by the chief executive for the 17
purposes of a regulation in relation to the following-- 18
(i) the identification and classification of goods as 19
goods too dangerous to be transported; 20
(ii) the identification and classification of goods too 21
dangerous to be transported. 22
`(2) Without limiting subsection (1), a regulation may make 23
provision about-- 24
(a) the recognition of laws of other jurisdictions relating to 25
goods too dangerous to be transported by rail, things 26
done under those laws and giving effect to those things; 27
and 28
(b) the recognition of an entity (the competent authorities 29
panel) whose membership includes the chief executive 30
and dangerous goods authorities, and other matters in 31
relation to the competent authorities panel. 32
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Transport and Other Legislation Amendment Bill 2008
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[s 15]
`(3) For subsection (2)(b), a regulation may provide that the chief 1
executive must refer to the competent authorities panel-- 2
(a) an application made to the chief executive for a decision 3
under this Act if the chief executive considers the 4
decision should have effect in all participating 5
dangerous goods jurisdictions or some of those 6
jurisdictions including this jurisdiction; or 7
(b) a decision under this Act that has effect in all 8
participating dangerous goods jurisdictions or some of 9
those jurisdictions including this jurisdiction if-- 10
(i) the chief executive considers the decision should 11
be cancelled or amended; or 12
(ii) a dangerous goods authority recommended to the 13
chief executive that the decision should be 14
cancelled or amended; or 15
(c) a recommendation by the chief executive to a dangerous 16
goods authority that a decision given by the authority 17
under a corresponding law, that has effect in all 18
participating dangerous goods jurisdictions or some of 19
those jurisdictions including this jurisdiction, if the chief 20
executive considers a ground exists under the 21
corresponding law for the authority to cancel or amend 22
the decision. 23
`(4) If a regulation provides that a matter must be referred to the 24
competent authorities panel, the regulation may provide that 25
the chief executive must have regard to the panel's decision. 26
`(5) A regulation may make provision in relation to an action taken 27
or decision made by the competent authorities panel or a 28
dangerous goods authority in relation to a matter considered 29
by the competent authorities panel, including that the action or 30
decision has effect in this jurisdiction as if it were an action or 31
decision of the chief executive. 32
`(6) The Statutory Instruments Act 1992 is not limited by this 33
section. 34
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Transport and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acts for purposes relating to dangerous goods
[s 16]
`(7) In this section-- 1
amend includes vary. 2
corresponding law means-- 3
(a) a law of another State corresponding, or substantially 4
corresponding, to this chapter; or 5
(b) a law of the other State that is declared under a 6
regulation to be a corresponding law, whether or not the 7
law corresponds, or substantially corresponds, to this 8
chapter.'. 9
Clause 16 Insertion of new s 476A 10
After section 476-- 11
insert-- 12
`476A Chief executive may give information to 13
corresponding authority 14
`(1) In relation to the transport of dangerous goods by rail, 15
whether within or outside Queensland, the chief executive 16
may give to a corresponding authority-- 17
(a) information about action taken by the chief executive 18
under this Act; or 19
(b) information obtained under this Act. 20
`(2) Subsection (1) does not apply if the chief executive or the 21
corresponding authority would otherwise be required to 22
maintain confidentiality about the information under an Act. 23
`(3) In this section-- 24
corresponding authority means-- 25
(a) a government entity of the Commonwealth or another 26
State responsible for administering a corresponding law 27
to a transport Act; or 28
(b) a person prescribed under a regulation as a 29
corresponding authority for this Act.'. 30
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Transport and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acts for purposes relating to dangerous goods
[s 17]
Clause 17 Amendment of sch 6 (Dictionary) 1
(1) Schedule 6-- 2
insert-- 3
`consign and consignor-- 4
1 A person consigns, and is the consignor in relation to, 5
goods transported, or to be transported, by rail or goods 6
that are dangerous goods if the person is any of the 7
following-- 8
(a) the person who has consented to being, and is, 9
named or otherwise identified as the consignor of 10
the goods in the transport documentation for the 11
consignment; 12
(b) if there is no person as described in paragraph 13
(a)-- 14
(i) for goods transported or to be transported by 15
rail--the person who engages an operator of 16
the railway, either directly or through 17
another person, to transport the goods by 18
rail; or 19
(ii) for goods that are dangerous goods--the 20
person who engages a prime contractor, 21
either directly or through another person, to 22
transport the goods; or 23
(iii) if there is no person as described in 24
subparagraph (i) or (ii)--the person who has 25
possession of, or control over, the goods 26
immediately before the goods are 27
transported by rail; or 28
(iv) if there is no person as described in 29
subparagraph (i), (ii) or (iii)--the person 30
who loads a vehicle with the goods, for 31
transport by rail, at a place-- 32
(A) where goods in bulk are stored, 33
temporarily held or otherwise held 34
waiting collection; and 35
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Transport and Other Legislation Amendment Bill 2008
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[s 17]
(B) that is unattended, other than by the 1
driver or trainee driver of the rail 2
vehicle or someone else necessary for 3
the normal operation of the rail vehicle, 4
during loading; 5
(c) if there is no person as described in paragraph (a) 6
or (b) and the goods are imported into Australia 7
through a place in Queensland--the importer of 8
the goods. 9
2 Also, a person consigns goods for transport by rail if the 10
person arranges for the conveyance of the goods on a 11
rail vehicle owned or controlled by the person. 12
consignee, in relation to dangerous goods transported or to be 13
transported by rail-- 14
(a) means the person who-- 15
(i) has consented to being, and is, named or otherwise 16
identified as the intended consignee of the goods in 17
the transport documentation for the consignment; 18
or 19
(ii) actually receives the goods after they are 20
transported; but 21
(b) does not include a person who merely unloads or 22
unpacks the goods. 23
dangerous goods means-- 24
(a) goods prescribed under a regulation to be dangerous 25
goods; or 26
(b) for implied references to goods too dangerous to be 27
transported--see chapter 14, part 7, section 458A. 28
dangerous goods authority means an entity in a participating 29
dangerous goods jurisdiction that has functions under a 30
corresponding law to chapter 14 that correspond to the chief 31
executive's functions under that chapter. 32
dangerous goods offence means an offence against chapter 33
14, the Transport Operations (Passenger Transport) Act 1994, 34
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Transport and Other Legislation Amendment Bill 2008
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[s 17]
chapter 11, or a dangerous goods regulation, involving or 1
relating to the transport of dangerous goods by rail. 2
dangerous goods regulation means a regulation made under 3
chapter 14-- 4
(a) applying to the transport of dangerous goods by rail; or 5
(b) for implied references to goods too dangerous to be 6
transported--see chapter 14, part 7, section 458A. 7
goods too dangerous to be transported means goods 8
prescribed under a dangerous goods regulation as goods too 9
dangerous to be transported. 10
loading, in relation to loading a rail vehicle with dangerous 11
goods, includes the following-- 12
(a) loading 1 or more packages of the goods in or on the rail 13
vehicle; 14
(b) placing or securing 1 or more packages of the goods on 15
the rail vehicle; 16
(c) supervising an activity mentioned in paragraph (a) or 17
(b); 18
(d) managing or controlling an activity mentioned in 19
paragraph (a), (b) or (c); 20
but does not include loading goods into packaging already on 21
the rail vehicle or placing or securing packages in or on 22
further packaging already on the vehicle. 23
pack, in relation to dangerous goods, includes the following-- 24
(a) put goods in packaging, even if that packaging is already 25
on a rail vehicle; 26
Example for paragraph (a)-- 27
A person who uses a hose to fill the tank of a tank rail vehicle 28
with petrol packs the petrol for transport. 29
(b) enclose or otherwise contain more than 1 package, even 30
if that packaging is already on a rail vehicle; 31
(c) supervise an activity mentioned in paragraph (a) or (b); 32
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Transport and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acts for purposes relating to dangerous goods
[s 17]
(d) manage or control an activity mentioned in paragraph 1
(a), (b) or (c). 2
package, in relation to dangerous goods, means the complete 3
product of the packing of the goods for transport, and consists 4
of the goods and their packaging. 5
packaging, in relation to dangerous goods-- 6
(a) means anything that contains, holds, protects or encloses 7
the goods, whether directly or indirectly, to enable them 8
to be received or held for transport, or to be transported; 9
and 10
(b) includes anything prescribed under a dangerous goods 11
regulation to be packaging. 12
Notes-- 13
1 It may be that a container constitutes the whole of the packaging of 14
goods, as in the case of a drum in which goods, including, for 15
example, dangerous goods, are directly placed. 16
2 The term is not used in the same way as it is used in United Nations 17
publications relating to the transport of dangerous goods. 18
participating dangerous goods jurisdiction means a State that 19
has a corresponding law to chapter 14 unless a regulation 20
provides that the State is not a participating dangerous goods 21
jurisdiction. 22
placard means a label or emergency information panel that is 23
required under a dangerous goods regulation to be used in 24
transporting dangerous goods by rail. 25
prevent, in relation to the transport of dangerous goods, 26
includes avert, eliminate, minimise, remove and stop. 27
relevant emergency service officer means an officer of any of 28
the following-- 29
(a) the Queensland Ambulance Service; 30
(b) the Queensland Fire and Rescue Service; 31
(c) the Queensland Police Service; 32
(d) the State Emergency Service; 33
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Transport and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acts for purposes relating to dangerous goods
[s 17]
(e) a service of another State, corresponding to a service 1
mentioned in paragraphs (a) to (d), if there is a 2
dangerous goods authority for the State; 3
(f) a unit of the Australian Defence Force corresponding to 4
a service mentioned in paragraphs (a) to (d). 5
transport, in relation to dangerous goods, includes each of the 6
following-- 7
(a) the packing, loading and unloading of the goods, and the 8
transfer of the goods to or from a vehicle, for their 9
transport by rail; 10
(b) the marking or labelling of packages containing 11
dangerous goods for their transport by rail; 12
(c) the placarding of packaging and vehicles in which 13
dangerous goods are transported, or are to be 14
transported, by rail; 15
(d) other matters incidental to their transport, or in 16
preparation for their transport, by rail. 17
transport documentation means each of the following-- 18
(a) for a rail vehicle-- 19
(i) each contractual document directly or indirectly 20
associated with-- 21
(A) a transaction for the actual or proposed 22
transport by rail of goods or any previous 23
transport of the goods by any transport 24
method; or 25
(B) goods, to the extent the document is relevant 26
to the transaction for their actual or proposed 27
transport by rail; or 28
(ii) each document-- 29
(A) contemplated in a contractual document 30
mentioned in subparagraph (i); or 31
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Transport and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acts for purposes relating to dangerous goods
[s 18]
(B) required by law, or customarily given, in 1
connection with a contractual document or 2
transaction mentioned in subparagraph (i); 3
Examples-- 4
· a bill of lading 5
· a consignment note 6
· a container weight declaration 7
· a contract of carriage 8
· a delivery order 9
· an export receival advice 10
· an invoice 11
· a load manifest 12
· a sea carriage document 13
· a vendor declaration 14
· train wire 15
· sequential consist 16
· loading form 17
(b) for the transport of dangerous goods--documentation 18
required to be kept under a dangerous goods 19
regulation.'. 20
(2) Schedule 6, definition rail vehicle, after `includes'-- 21
insert-- 22
`rolling stock and'. 23
Division 2 Amendment of Transport 24
Operations (Passenger Transport) 25
Act 1994 26
Clause 18 Act amended in div 2 27
This division amends the Transport Operations (Passenger 28
Transport) Act 1994. 29
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Transport and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acts for purposes relating to dangerous goods
[s 19]
Clause 19 Amendment of s 112 (Identity cards) 1
Section 112(4), penalty, `10'-- 2
omit, insert-- 3
`40'. 4
Clause 20 Amendment of s 120 (Entry of place) 5
(1) Section 120(d)-- 6
renumber as paragraph (e). 7
(2) Section 120-- 8
insert-- 9
`(d) the authorised person reasonably believes a dangerous 10
situation exists in the place and it is necessary for the 11
authorised person to enter to take action under section 12
126O to deal with the dangerous situation; or'. 13
Clause 21 Amendment of s 121 (Warrants) 14
(1) Section 121(4), `only'-- 15
omit. 16
(2) Section 121-- 17
insert-- 18
`(4A) The magistrate may also issue a warrant if the magistrate is 19
satisfied that-- 20
(a) either of the following apply in relation to a particular 21
place-- 22
(i) a vehicle that has been or may have been involved 23
in a dangerous situation is or has been located at 24
the place; 25
(ii) the place is or may be otherwise connected, 26
directly or indirectly, with a vehicle that has been 27
or may have been involved in a dangerous 28
situation; and 29
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Transport and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acts for purposes relating to dangerous goods
[s 22]
(b) there is evidence at the place (including for paragraph 1
(a)(i), the vehicle itself) that is relevant to the exercise of 2
powers under this Act relating to dangerous situations.'. 3
Clause 22 Amendment of s 123 (Entry or boarding of vehicles) 4
(1) Section 123-- 5
insert-- 6
`(1A) Also, an authorised person may enter on board a vehicle if the 7
authorised person reasonably believes a dangerous situation 8
exists in or at the vehicle and it is necessary for the authorised 9
person to enter to take action under section 126O to deal with 10
the dangerous situation.'. 11
(2) Section 123(4), penalty, `40'-- 12
omit, insert-- 13
`100'. 14
(3) Section 123(5), penalty,`40'-- 15
omit, insert-- 16
`100'. 17
Clause 23 Amendment of s 124 (General powers in relation to 18
places and vehicles) 19
(1) Section 124(2), penalty, `40'-- 20
omit, insert-- 21
`100'. 22
(2) Section 124(4), penalty, `40'-- 23
omit, insert-- 24
`100'. 25
Clause 24 Amendment of s 126B (Tampering with seized things) 26
Section 126B-- 27
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Transport and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acts for purposes relating to dangerous goods
[s 25]
insert-- 1
`(2) In this section-- 2
tamper includes attempt to tamper.'. 3
Clause 25 Insertion of new s 126GA 4
Chapter 11, part 3A-- 5
insert-- 6
`126GA Purpose of pt 3A 7
`(1) The purpose of this part is to provide for further powers of 8
authorised persons in relation to matters relating to the 9
transport of dangerous goods. 10
`(2) This part does not limit other powers of an authorised person 11
under this Act or the Transport Infrastructure Act 1994, 12
chapter 14.'. 13
Clause 26 Amendment of s 126H (Power to hold or stop and hold 14
rail vehicle) 15
Section 126H(5), penalty, `120'-- 16
omit, insert-- 17
`200'. 18
Clause 27 Insertion of new s 126HA 19
After section 126H-- 20
insert-- 21
`126HA Further powers if vehicle entered is rail vehicle 22
`(1) This section applies if an authorised person has-- 23
(a) entered a place under section 120 for purposes relating 24
to the transport of dangerous goods by rail; or 25
(b) entered or boarded a vehicle under section 123, the 26
vehicle is a rail vehicle and the entry or boarding was for 27
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Transport and Other Legislation Amendment Bill 2008
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[s 28]
purposes relating to the transport of dangerous goods by 1
rail. 2
`(2) Without limiting section 124, the authorised person may do 3
any of the following-- 4
(a) weigh, test or measure a thing relating to a rail vehicle, 5
any part of a rail vehicle or equipment or load of a rail 6
vehicle; 7
(b) check the existence or details of a placard or other 8
information required under a dangerous goods 9
regulation to be displayed in a rail vehicle or any load on 10
it; 11
(c) access or download information that is required to be 12
kept under a dangerous goods regulation and that is-- 13
(i) stored electronically in equipment located at the 14
place or in a rail vehicle; or 15
(ii) accessible electronically from equipment located at 16
the place or in a rail vehicle. 17
`(3) If an authorised person exercises a power mentioned in 18
subsection (2), the authorised person is taken to be exercising 19
a power under section 124(1)(a) to (e) and the other 20
provisions of section 124 apply to the exercise of that power. 21
Notes for subsection (3)-- 22
1 Under section 124(1)(f), an authorised person may require a person 23
to help exercise powers as mentioned in subsection (2) and if the 24
person does not comply with the request the person may be 25
prosecuted under section 124(2). 26
2 Under section 124(7), an authorised person may not enter a part of a 27
rail vehicle used only as a living area.'. 28
Clause 28 Insertion of new s 126JA 29
After section 126J-- 30
insert-- 31
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Transport and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acts for purposes relating to dangerous goods
[s 29]
`126JA Further power for securing things seized relating to 1
transport of dangerous goods 2
`(1) If an authorised person has seized a thing that has been used in 3
relation to the transport of dangerous goods by rail, without 4
limiting section 126, the authorised person may make the 5
thing inoperable. 6
Example of making equipment inoperable-- 7
dismantling equipment or removing a component of equipment without 8
which the equipment is not capable of being used 9
`(2) A person must not tamper with the equipment that has been 10
made inoperable without an authorised person's written 11
approval. 12
Maximum penalty--200 penalty units. 13
`(3) In this section-- 14
tamper includes attempt to tamper.'. 15
Clause 29 Amendment of s 126K (Power to give remedial action 16
notices) 17
Section 126K(6)-- 18
omit, insert-- 19
`(6) The person must comply with the notice, unless the person 20
has a reasonable excuse. 21
Maximum penalty--the maximum penalty for the 22
contravention of the provision about which the notice is 23
given.'. 24
Clause 30 Insertion of new ss 126KA126KC 25
Chapter 11, part 3A, after section 126K-- 26
insert-- 27
`126KA Use of equipment to examine or process things 28
`(1) An authorised person exercising a power under this part or 29
part 3B or 3C may bring onto a rail vehicle or onto premises 30
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Transport and Other Legislation Amendment Bill 2008
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[s 30]
equipment reasonably necessary for the examination or 1
processing of things found in, on or at the rail vehicle or 2
premises to decide whether they are things that may be seized. 3
`(2) If-- 4
(a) it is not practicable to examine or process the things in, 5
on or at the rail vehicle or premises; or 6
(b) the railway operator for the rail vehicle or the occupier 7
of the premises consents in writing; 8
the things may be moved to another place so that the 9
examination or processing can be carried out to decide 10
whether they are things that may be seized. 11
`(3) The authorised person, or a person helping the authorised 12
person, may operate equipment already in, on or at the rail 13
vehicle or premises to carry out the examination or processing 14
of a thing found in, on or at the vehicle or premises to decide 15
whether it is a thing that may be seized, if the authorised 16
person, or a person helping the authorised person, reasonably 17
believes that-- 18
(a) the equipment is suitable for the examination or the 19
processing; and 20
(b) the examination or processing can be carried out without 21
damage to the equipment or the thing. 22
`126KB Use or seizure of electronic equipment 23
`(1) The authorised person, or the person helping the authorised 24
person, as mentioned in section 126KA(3) may operate the 25
equipment mentioned in the subsection (the equipment) to 26
access the information if-- 27
(a) a thing found in, on or at the rail vehicle or premises is, 28
or includes, a document or thing used for the storage of 29
information; and 30
(b) the equipment may be used with the document or other 31
thing to access information; and 32
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[s 30]
(c) the authorised person concerned believes on reasonable 1
grounds that the document or storage device is relevant 2
to deciding whether an offence has been committed. 3
`(2) If the authorised person, or the person helping the authorised 4
person, finds that a disk, tape or other storage device in, on or 5
at the vehicle or premises is relevant to deciding whether an 6
offence has been committed, he or she may-- 7
(a) put the information in documentary form and seize the 8
documents so produced; or 9
(b) copy the information to another document or thing and 10
remove that document or thing from the vehicle or 11
premises; or 12
(c) if it is not practicable to put the information in 13
documentary form or to copy the information--seize the 14
document or other thing and the equipment that enables 15
the information to be accessed. 16
`(3) An authorised person, or a person helping the authorised 17
person, must not operate or seize equipment for this section 18
unless the authorised person or person helping the authorised 19
person reasonably believes the operation or seizure of the 20
equipment can be carried out without damage to the 21
equipment. 22
`126KC Restoring vehicle or premises to original condition 23
after action taken 24
`(1) This section applies if-- 25
(a) an authorised person, or a person authorised by the 26
authorised person, has taken action in the exercise or 27
purported exercise of a power under section 126H, 28
126HA, 126I, 126J, 126JA or 126KB in relation to a 29
vehicle or its equipment or load or in relation to any 30
premises; and 31
(b) damage was caused by the unreasonable exercise of the 32
power or by the use of force that was not authorised 33
under the relevant section. 34
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[s 31]
`(2) The authorised person must take reasonable steps to return the 1
vehicle, equipment, load or premises to the condition it was in 2
immediately before the action was taken.'. 3
Clause 31 Replacement of s 126N (Power to give directions to deal 4
with dangerous situation) 5
Section 126N-- 6
omit, insert-- 7
`126N Power to give notice about dangerous situation 8
`(1) This section applies if an authorised person reasonably 9
believes a person is in a position to take steps to prevent a 10
dangerous situation. 11
`(2) The authorised officer may give the person a written notice (a 12
dangerous situation notice) requiring the person to take the 13
steps reasonably necessary to prevent the dangerous situation. 14
`(3) Without limiting subsection (2), the authorised person may 15
require the prime contractor or consignor of dangerous goods 16
to provide equipment and other resources necessary-- 17
(a) to control the dangerous situation; or 18
(b) to contain, control, recover or dispose of the goods that 19
have leaked, spilled or escaped; or 20
(c) to recover a vehicle involved in the situation or its 21
equipment. 22
`126NA Dangerous situation notice 23
`(1) A dangerous situation notice has effect-- 24
(a) when it is given to the person; or 25
(b) if the notice states a later date--on that date. 26
`(2) A dangerous situation notice given to a person must state the 27
following-- 28
(a) the notice is given under section 126N; 29
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[s 31]
(b) the authorised officer believes a dangerous situation 1
exists; 2
(c) the grounds for the belief; 3
(d) if the authorised officer believes the dangerous situation 4
involves a contravention of an Act--the relevant 5
provision of the Act; 6
(e) that the person may-- 7
(i) under section 102, ask for the decision to give the 8
dangerous situation notice to be reviewed and 9
appeal against the reviewed decision; or 10
(ii) under the Transport Planning and Coordination 11
Act 1994, part 5, ask for the decision or the 12
reviewed decision to be stayed; 13
(f) that it is an offence to fail to comply with a dangerous 14
situation notice; 15
(g) the maximum penalty for the offence of failing to 16
comply with a dangerous situation notice. 17
`(3) The dangerous situation notice may include a requirement 18
about the steps to be taken to prevent the dangerous situation. 19
`(4) A requirement may-- 20
(a) offer a choice of ways to prevent the dangerous 21
situation; and 22
(b) prohibit the carrying out of an activity by stating-- 23
(i) a place where the activity may not be carried out; 24
or 25
(ii) a thing that may not be used in connection with the 26
activity; or 27
(iii) a procedure that may not be followed in connection 28
with the activity. 29
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[s 31]
`126NB Contravention of dangerous situation notice 1
`A person given a dangerous situation notice must comply 2
with the requirements set out in the notice unless the person 3
has a reasonable excuse for not doing so. 4
Maximum penalty-- 5
(a) if the contravention results in death or grievous bodily 6
harm to a person--270 penalty units; or 7
(b) otherwise--135 penalty units. 8
`126NC Oral direction may be given before dangerous 9
situation notice is served 10
`(1) This section applies if an authorised person reasonably 11
believes-- 12
(a) a person is in a position to take steps to prevent a 13
dangerous situation; and 14
(b) it is not reasonable or immediately possible to give a 15
dangerous situation notice. 16
`(2) The authorised person may give an oral direction to the person 17
instead of a written notice. 18
`(3) The oral direction must include-- 19
(a) the matters mentioned in section 126NA(2)(b), (c) and 20
(d); and 21
(b) a statement that is an offence to fail to comply with an 22
oral direction. 23
`(4) The person must comply with the oral direction. 24
Maximum penalty-- 25
(a) if the contravention results in death or grievous bodily 26
harm to a person--270 penalty units; or 27
(b) otherwise--135 penalty units. 28
`(5) The oral direction must be confirmed in writing by any 29
authorised person giving a dangerous situation notice under 30
section 126N as soon as practicable. 31
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[s 32]
`(6) The oral direction stops having effect if the dangerous 1
situation notice is not given to the person within 5 days after 2
the oral direction is given. 3
`(7) In this section-- 4
oral direction includes a direction by sign or signal. 5
`126ND Withdrawal of dangerous situation notice 6
`A dangerous situation notice may be withdrawn by an 7
authorised person serving notice of withdrawal on the person 8
given the dangerous situation notice. 9
`126NE Proceedings for an offence not affected by 10
dangerous situation notice 11
`The giving of, amendment or withdrawal of a dangerous 12
situation notice does not affect proceedings for an offence 13
against this part or the Transport Infrastructure Act 1994, 14
chapter 14.'. 15
Clause 32 Insertion of new ch 11, pt 3C 16
Chapter 11-- 17
insert-- 18
`Part 3C Goods too dangerous to be 19
transported 20
`126OA Application of Act to goods too dangerous to be 21
transported 22
`(1) Unless otherwise provided, provisions of this Act relating to 23
dangerous goods also apply in relation to goods too dangerous 24
to be transported. 25
`(2) For subsection (1)-- 26
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Transport and Other Legislation Amendment Bill 2008
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[s 33]
(a) a reference in a provision of this Act to dangerous goods 1
includes a reference to goods too dangerous to be 2
transported; and 3
(b) a reference in a provision of this Act to a dangerous 4
goods offence includes a reference to an offence against 5
this chapter or the Transport Infrastructure Act 1994, 6
chapter 14 involving or relating to goods too dangerous 7
to be transported by rail; and 8
(c) a reference in a provision of this Act to a dangerous 9
goods regulation includes a reference to a regulation 10
made under the Transport Infrastructure Act 1994, 11
chapter 14, applying in relation to goods too dangerous 12
to be transported by rail. 13
`(3) Also, subsection (1) and (2) do not apply to subordinate 14
legislation made under this Act unless a particular instrument 15
of subordinate legislation expressly provides. 16
`(4) A requirement of this Act imposed because of this part does 17
not apply to the transport by rail of goods too dangerous to be 18
transported to the extent the goods are transported by, or under 19
the direction of, an authorised officer or relevant emergency 20
service officer to prevent a dangerous situation.'. 21
Clause 33 Amendment of s 130 (False or misleading information) 22
Section 130(1), penalty, `60'-- 23
omit, insert-- 24
`200'. 25
Clause 34 Amendment of s 131 (False, misleading or incomplete 26
documents) 27
Section 131(1), penalty, `60'-- 28
omit, insert-- 29
`200'. 30
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Transport and Other Legislation Amendment Bill 2008
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[s 35]
Clause 35 Amendment of s 136 (Impersonating authorised person) 1
Section 136, penalty, `80'-- 2
omit, insert-- 3
`100'. 4
Clause 36 Replacement of s 153A (Evidentiary aids--belief of 5
authorised person) 6
Section 153A-- 7
omit, insert-- 8
`153A Facilitation of proof 9
`(1) In a prosecution for a dangerous goods offence, if an 10
authorised person gives evidence that he or she believes, or at 11
a particular time relevant to the exercise of a power by the 12
officer, believed, any of the matters referred to in subsection 13
(2), the court must accept the matter as proved if-- 14
(a) it considers the belief to be, or to have been, reasonable; 15
and 16
(b) there is no evidence to the contrary. 17
`(2) The matters are as follows-- 18
(a) that dangerous goods described in transport 19
documentation carried in a rail vehicle are or were being 20
carried in the rail vehicle; 21
(b) that particular goods are or were dangerous goods or 22
dangerous goods of a particular type; 23
(c) if a marking or placard on or attached to a substance or 24
packaging indicates or indicated that the substance is or 25
was or the packaging contains or contained particular 26
dangerous goods--that the substance is or was or the 27
container contains or contained those dangerous goods; 28
(d) if a marking on, or attached to, a package indicates or 29
indicated that the package contains or contained 30
particular dangerous goods--that the package contains 31
or contained those dangerous goods; 32
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[s 37]
(e) if a marking or placard on or attached to a vehicle or 1
equipment indicates or indicated that the vehicle or 2
equipment is or was being used to transport dangerous 3
goods--that the vehicle or equipment is or was being 4
used to transport those dangerous goods; 5
(f) if a marking or placard on or attached to a substance or 6
packaging indicates or indicated, in relation to the 7
substance, the packaging or the contents of the 8
packaging, a particular capacity, tare weight, origin, 9
character, specification, ownership or date of 10
manufacture--that the substance, the packaging or the 11
contents of the packaging has or had that capacity, tare 12
weight, origin, character, specification, ownership or 13
date of manufacture; 14
(g) if a marking on, or attached to, a package indicates or 15
indicated, in relation to the contents of the package, a 16
particular capacity, tare weight, origin, character, 17
specification, ownership or date of manufacture--that 18
the contents of the package has or had that capacity, tare 19
weight, origin, character, specification, ownership or 20
date of manufacture; 21
(h) if a marking or placard on or attached to a vehicle or 22
packaging indicates, in relation to the load of the vehicle 23
or the contents of the packaging, a particular quantity of 24
dangerous goods--that the vehicle or container contains 25
or contained that quantity of dangerous goods; 26
(i) that a person is or is not, or was or was not at a particular 27
time, accredited in relation to the transport by rail of 28
dangerous goods.'. 29
Clause 37 Insertion of ch 12, pt 1A 30
Chapter 12-- 31
insert-- 32
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Transport and Other Legislation Amendment Bill 2008
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[s 37]
`Part 1A General provisions relating to 1
transport of dangerous goods 2
by rail 3
`154AB Application of pt 1A 4
`This part applies to a proceeding for a dangerous goods 5
offence. 6
`154AC Special defence of compliance with direction 7
`It is a defence to a charge for the offence if the person 8
charged establishes that the act or omission that was the 9
offence was done in compliance with a direction given by an 10
authorised person. 11
`154AD Responsibility for acts or omissions of representative 12
`(1) If it is relevant to prove a person's state of mind about a 13
particular act or omission, it is enough to show-- 14
(a) the act was done or omitted to be done by a 15
representative of the person within the scope of the 16
representative's actual or apparent authority; and 17
(b) the representative had the state of mind. 18
`(2) An act done or omitted to be done for a person by a 19
representative of the person within the scope of the 20
representative's actual or apparent authority is taken to have 21
been done or omitted to be done also by the person, unless the 22
person proves the person could not, by the exercise of 23
reasonable diligence, have prevented the act or omission. 24
`(3) In this section-- 25
representative means-- 26
(a) for a corporation--an executive officer, employee or 27
agent of the corporation; or 28
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[s 38]
(b) for an individual--an employee or agent of the 1
individual. 2
state of mind, of a person, includes-- 3
(a) the person's knowledge, intention, opinion, belief or 4
purpose; and 5
(b) the person's reasons for the intention, opinion, belief or 6
purpose. 7
`154AE Transport documentation 8
`(1) Transport documentation relating to the transport of 9
dangerous goods by rail is admissible and is evidence of-- 10
(a) the identity and status of the parties to the transaction to 11
which it relates; and 12
(b) the destination or intended destination of the load to 13
which it relates. 14
`(2) The reference in subsection (1) to the status of parties includes 15
a reference to their status in relation to their involvement in 16
the transport of dangerous goods.'. 17
Clause 38 Amendment of sch 3 (Dictionary) 18
(1) Schedule 3, definition dangerous goods-- 19
omit. 20
(2) Schedule 3-- 21
insert-- 22
`consignor-- 23
1 A person is the consignor in relation to goods 24
transported, or to be transported, by rail or goods that 25
are dangerous goods if the person is any of the 26
following-- 27
(a) the person who has consented to being, and is, 28
named or otherwise identified as the consignor of 29
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Transport and Other Legislation Amendment Bill 2008
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[s 38]
the goods in the transport documentation for the 1
consignment; 2
(b) if there is no person as described in paragraph 3
(a)-- 4
(i) for goods transported or to be transported by 5
rail--the person who engages an operator of 6
the railway, either directly or through 7
another person, to transport the goods by 8
rail; or 9
(ii) for goods that are dangerous goods--the 10
person who engages a prime contractor, 11
either directly or through another person, to 12
transport the goods; or 13
(iii) if there is no person as described in 14
subparagraph (i) or (ii)--the person who has 15
possession of, or control over, the goods 16
immediately before the goods are 17
transported by rail; or 18
(iv) if there is no person as described in 19
subparagraph (i), (ii) or (iii)--the person 20
who loads a vehicle with the goods, for 21
transport by rail, at a place-- 22
(A) where goods in bulk are stored, 23
temporarily held or otherwise held 24
waiting collection; and 25
(B) that is unattended, other than by the 26
driver or trainee driver of the rail 27
vehicle or someone else necessary for 28
the normal operation of the rail vehicle, 29
during loading; 30
(c) if there is no person as described in paragraph (a) 31
or (b) and the goods are imported into Australia 32
through a place in Queensland--the importer of 33
the goods. 34
2 Also, a person is the consignor of goods for transport by 35
rail if the person arranges for the conveyance of the 36
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[s 38]
goods on a rail vehicle owned or controlled by the 1
person. 2
dangerous goods means-- 3
(a) goods prescribed under a regulation to be dangerous 4
goods; or 5
(b) for implied references in relation to goods too 6
dangerous to be transported--see chapter 11, part 3C. 7
dangerous goods authority means an entity in a participating 8
dangerous goods jurisdiction that has functions under a 9
corresponding law to the Transport Infrastructure Act 1994, 10
chapter 14 that correspond to the chief executive's functions 11
under that chapter. 12
dangerous goods offence means-- 13
(a) an offence against chapter 11, the Transport 14
Infrastructure Act 1994, chapter 14 or a dangerous 15
goods regulation involving or relating to the transport of 16
dangerous goods by rail; or 17
(b) for implied references in relation to goods too 18
dangerous to be transported--see chapter 11, part 3C. 19
dangerous goods regulation means-- 20
(a) a regulation made under the Transport Infrastructure 21
Act 1994, chapter 14, applying to the transport of 22
dangerous goods by rail; or 23
(b) for implied references in relation to goods too 24
dangerous to be transported--see chapter 11, part 3C. 25
goods too dangerous to be transported means goods 26
prescribed under a dangerous goods regulation as goods too 27
dangerous to be transported. 28
load, in relation to goods and to a rail vehicle, includes any of 29
the following-- 30
(a) load 1 or more packages of the goods in or on the rail 31
vehicle; 32
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[s 38]
(b) place or secure 1 or more packages of the goods on the 1
rail vehicle; 2
(c) to remove doubt--carry out an activity mentioned in 3
paragraphs (a) and (b) in relation to a bulk container, 4
freight container, or tank that is part of a rail vehicle; 5
(d) supervise an activity mentioned in paragraph (a), (b) or 6
(c); 7
(e) manage or control an activity mentioned in paragraphs 8
(a) to (d); 9
but does not include load goods into packaging already on the 10
rail vehicle or place or secure packages in or on further 11
packaging already on the vehicle. 12
pack, in relation to dangerous goods, includes the following-- 13
(a) put goods in packaging, even if that packaging is already 14
on a rail vehicle; 15
Example for paragraph (a)-- 16
A person who uses a hose to fill the tank of a tank rail vehicle 17
with petrol packs the petrol for transport. 18
(b) enclose or otherwise contain more than 1 package, even 19
if that packaging is already on a rail vehicle; 20
(c) supervise an activity mentioned in paragraph (a) or (b); 21
(d) manage or control an activity mentioned in paragraph 22
(a), (b) or (c). 23
packaging, in relation to dangerous goods-- 24
(a) means anything that contains, holds, protects or encloses 25
the goods, whether directly or indirectly, to enable them 26
to be received or held for transport, or to be transported; 27
and 28
(b) includes anything prescribed under a dangerous goods 29
regulation to be packaging. 30
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[s 38]
Notes-- 1
1 It may be that a container constitutes the whole of the packaging of 2
goods, as in the case of a drum in which goods, including for 3
example dangerous goods, are directly placed. 4
2 The term is not used in the same way as it is used in United Nations 5
publications relating to the transport of dangerous goods. 6
placard means a label or emergency information panel as 7
prescribed under a regulation. 8
prime contractor, in relation to the transport of dangerous 9
goods, means the person who, in conducting a business for or 10
involving the transport of dangerous goods, has undertaken to 11
be responsible for, or is responsible for, the transport of the 12
goods. 13
relevant emergency service officer means an officer of any of 14
the following-- 15
(a) the Queensland Ambulance Service; 16
(b) the Queensland Fire and Rescue Service; 17
(c) the Queensland Police Service; 18
(d) the State Emergency Service; 19
(e) a service of another State, corresponding to a service 20
mentioned in paragraphs (a) to (d), if there is a 21
dangerous goods authority for the State; 22
(f) a unit of the Australian Defence Force corresponding to 23
a service mentioned in paragraphs (a) to (d). 24
transport documentation means each of the following-- 25
(a) for a rail vehicle-- 26
(i) each contractual document directly or indirectly 27
associated with-- 28
(A) a transaction for the actual or proposed 29
transport by rail of goods or any previous 30
transport of the goods by any transport 31
method; or 32
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[s 38]
(B) goods, to the extent the document is relevant 1
to the transaction for their actual or proposed 2
transport by rail; or 3
(ii) each document-- 4
(A) contemplated in a contractual document 5
mentioned in subparagraph (i); or 6
(B) required by law, or customarily given, in 7
connection with a contractual document or 8
transaction mentioned in subparagraph (i); 9
Examples-- 10
· a bill of lading 11
· a consignment note 12
· a container weight declaration 13
· a contract of carriage 14
· a delivery order 15
· an export receival advice 16
· an invoice 17
· a load manifest 18
· a sea carriage document 19
· a vendor declaration 20
· train wire 21
· sequential consist 22
· loading form 23
(b) for the transport of dangerous goods--documentation 24
required to be kept under a dangerous goods regulation. 25
unit of rolling stock means a vehicle designed to run on rails. 26
Example-- 27
A unit of rolling stock includes a vehicle that operates on a railway and 28
is used, or is proposed to be used, for either of the following purposes-- 29
(a) transporting passengers or freight on a railway; 30
(b) maintenance work, or other work associated with, a railway.'. 31
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Transport and Other Legislation Amendment Bill 2008
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[s 39]
(3) Schedule 3, definition rail vehicle, after `includes'-- 1
insert-- 2
`a unit of rolling stock and'. 3
Division 3 Amendment of Transport 4
Operations (Road Use Management) 5
Act 1995 6
Clause 39 Act amended in div 3 7
This division amends the Transport Operations (Road Use 8
Management) Act 1995. 9
Clause 40 Amendment of s 17A (Definition) 10
(1) Section 17A, definition approval, after `accreditation,'-- 11
insert-- 12
`administrative determination,'. 13
(2) Section 17A, definition approval-- 14
insert-- 15
`(e) an exemption under section 153.'. 16
Clause 41 Amendment of s 18 (Grounds for amending, suspending 17
or cancelling approvals) 18
(1) Section 18(1)(i)-- 19
omit, insert-- 20
`(i) for an approval that is an accreditation or exemption 21
granted under a fatigue management regulation or a 22
dangerous goods driver licence--the person to whom 23
the accreditation, exemption or licence is granted or 24
applies no longer satisfies the criteria, however 25
described, under the regulation for the approval;'. 26
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Transport and Other Legislation Amendment Bill 2008
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[s 41]
(2) Section 18(1)(k)-- 1
omit, insert-- 2
`(k) for an approval prescribed under a dangerous goods 3
regulation as an approval for this paragraph-- 4
(i) a change in circumstances has happened after the 5
approval was granted; and 6
(ii) had the changed circumstances existed when the 7
approval was granted, the approval would not have 8
been granted under the regulation because of the 9
requirements under the regulation applying to the 10
grant; 11
(l) for an approval prescribed under a dangerous goods 12
regulation as an approval for this paragraph--the holder 13
has contravened this Act or a corresponding law and the 14
contravention makes the holder unsuitable to continue to 15
hold the approval; 16
(m) for an approval that is a dangerous goods driver 17
licence--the holder is suffering from a medical 18
condition or has a physical or mental incapacity, that 19
makes the holder unsuitable to continue to hold the 20
licence; 21
(n) for an approval that is a dangerous goods vehicle 22
licence--the vehicle does not comply with this Act; 23
(o) the chief executive considers it necessary in the public 24
interest.'. 25
(3) Section 18(2)-- 26
insert-- 27
`dangerous goods driver licence means a licence, as 28
prescribed under a dangerous goods regulation, to drive a 29
dangerous goods vehicle. 30
dangerous goods vehicle licence means a licence, as 31
prescribed under a dangerous goods regulation, of a 32
dangerous goods vehicle.'. 33
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Transport and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acts for purposes relating to dangerous goods
[s 42]
Clause 42 Amendment of s 19 (Procedure for amending, 1
suspending and cancelling approvals) 2
Section 19(6)(b), `the notice'-- 3
omit, insert-- 4
`the day the notice under this subsection'. 5
Clause 43 Insertion of new s 19C 6
Chapter 3, part 1A-- 7
insert-- 8
`19C Automatic suspension of particular licences under 9
dangerous goods regulation 10
`(1) If the driver licence of the holder of a dangerous goods driver 11
licence is no longer in force under this Act or a corresponding 12
law, the dangerous goods driver licence is suspended. 13
`(2) If a dangerous goods vehicle is no longer registered under this 14
Act or a corresponding law, the dangerous goods vehicle 15
licence is suspended. 16
`(3) Section 19 does not apply to a suspension under this section. 17
`(4) In this section-- 18
dangerous goods driver licence means a licence, as 19
prescribed under a dangerous goods regulation, to drive a 20
dangerous goods vehicle. 21
dangerous goods vehicle licence means a licence, as 22
prescribed under a dangerous goods regulation, of a 23
dangerous goods vehicle. 24
driver licence does not include a dangerous goods driver 25
licence.'. 26
Clause 44 Amendment of s 26 (Entry to places) 27
Section 26(1)(e), `section 51E'-- 28
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Transport and Other Legislation Amendment Bill 2008
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[s 45]
omit, insert-- 1
`section 161N'. 2
Clause 45 Amendment of s 26A (Further power to enter place of 3
business in relation to heavy vehicle) 4
(1) Section 26A, heading, after `heavy vehicle'-- 5
insert-- 6
`or prescribed dangerous goods vehicle'. 7
(2) Section 26A(1), after `a heavy vehicle'-- 8
insert-- 9
`, or a place of business of a person involved in the transport 10
of dangerous goods,'. 11
(3) Section 26A(1)(c) and (d)-- 12
omit, insert-- 13
`(c) for entry to a place of business of a responsible person 14
for a heavy vehicle-- 15
(i) the suspicion mentioned in subsection (2); or 16
(ii) the belief and suspicion mentioned in subsection 17
(3); or 18
(d) for entry to a place of business of a person involved in 19
the transport of dangerous goods-- 20
(i) the suspicion mentioned in subsection (3A); or 21
(ii) the belief and suspicion mentioned in subsection 22
(3B).'. 23
(4) Section 26A(2), `subsection (1)(c)'-- 24
omit, insert-- 25
`subsection (1)(c)(i)'. 26
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Transport and Other Legislation Amendment Bill 2008
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[s 45]
(5) Section 26A(3), `subsection (1)(d)'-- 1
omit, insert-- 2
`subsection (1)(c)(ii)'. 3
(6) Section 26A-- 4
insert-- 5
`(3A) For subsection (1)(d)(i), the authorised officer must 6
reasonably suspect that there may be at the place-- 7
(a) a document relating to the transport of dangerous goods 8
or a prescribed dangerous goods vehicle, that is required 9
to be kept under a transport Act or alternative 10
compliance scheme; or 11
(b) a device relating to the transport of dangerous goods or a 12
prescribed dangerous goods vehicle, that is required to 13
be installed, used or maintained under a transport Act or 14
alternative compliance scheme. 15
`(3B) For subsection (1)(d)(ii), the authorised officer-- 16
(a) must reasonably believe that there may be at the place 17
evidence of an offence, relating to the transport of 18
dangerous goods or a prescribed dangerous goods 19
vehicle, against a transport Act; and 20
(b) must reasonably suspect the evidence may be concealed 21
or destroyed unless the place is immediately entered and 22
searched.'. 23
(7) Section 26A(5), `heavy'-- 24
omit. 25
(8) Section 26A(8), definition place of business, after `vehicle'-- 26
insert-- 27
`or of a person involved in the transport of dangerous goods'. 28
(9) Section 26A(8), definition place of business, paragraphs (a) 29
and (b), `responsible'-- 30
omit. 31
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[s 46]
(10) Section 26A(8), definition transport Act-- 1
omit, insert-- 2
`transport Act does not include the Queensland Road Rules.'. 3
Clause 46 Amendment of s 26B (Further power to enter place in 4
relation to heavy vehicle if incident involving death, 5
injury or damage) 6
(1) Section 26B, heading, `place in relation to heavy vehicle'-- 7
omit, insert-- 8
`particular places'. 9
(2) Section 26B(1)(a)-- 10
omit, insert-- 11
`(a) an incident involving the death of, or injury to, a person 12
or damage to property involves or may have involved 13
any of the following-- 14
(i) a heavy vehicle; 15
(ii) a prescribed dangerous goods vehicle; 16
(iii) the transport of dangerous goods; and'. 17
(3) Section 26B(1)(c)-- 18
omit, insert-- 19
`(c) there is a connection between the place and the heavy 20
vehicle, the prescribed dangerous goods vehicle or the 21
transport of dangerous goods; and'. 22
(4) Section 26B(3), `a heavy vehicle is connected with a place'-- 23
omit, insert-- 24
`there is a connection between a place and a heavy vehicle or 25
a prescribed dangerous goods vehicle'. 26
(5) Section 26B-- 27
insert-- 28
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[s 47]
`(3A) For subsection (1), there is a connection between a place and 1
the transport of dangerous goods if-- 2
(a) dangerous goods were transported to or from the place 3
within the period of 72 hours before the proposed entry 4
to the place; or 5
(b) the place is, or may be, otherwise directly or indirectly 6
connected with the dangerous goods.'. 7
(6) Section 26B(5), definition transport Act-- 8
omit, insert-- 9
`transport Act does not include the Queensland Road Rules.'. 10
Clause 47 Amendment of s 28 (Warrants to enter) 11
(1) Section 28(4), `only'-- 12
omit. 13
(2) Section 28-- 14
insert-- 15
`(4A) The magistrate may also issue a warrant if the magistrate is 16
satisfied that-- 17
(a) either of the following apply in relation to a particular 18
place-- 19
(i) a vehicle that has been or may have been involved 20
in a dangerous situation is or has been located at 21
the place; or 22
(ii) the place is or may be otherwise connected, 23
directly or indirectly, with a vehicle that has been 24
or may have been involved in a dangerous 25
situation; and 26
(b) there is evidence at the place (including for paragraph 27
(a)(i), the vehicle itself) that is relevant to the exercise of 28
powers under this Act relating to dangerous situations.'. 29
Page 76
Transport and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acts for purposes relating to dangerous goods
[s 48]
Clause 48 Amendment of ss 29A29C 1
Sections 29A(1), 29B and 29C(4), definition seized thing, 2
`heavy vehicle'-- 3
omit. 4
Clause 49 Amendment of s 30 (General powers after entering 5
places) 6
(1) Section 30(3), penalty, paragraph (b)-- 7
omit, insert-- 8
`(b) if the requirement related to exercising powers in 9
relation to a heavy vehicle, the transport of dangerous 10
goods or a prescribed dangerous goods vehicle--80 11
penalty units.'. 12
(2) Section 30(5), from `by' to `(2)'-- 13
omit, insert-- 14
`under subsection (2) by an authorised officer, in relation to a 15
heavy vehicle, the transport of dangerous goods or a 16
prescribed dangerous goods vehicle'. 17
Clause 50 Amendment of s 30A (Further powers after entering place 18
under s 26A or 26B) 19
(1) Section 30A(2), after `section 26A(2)'-- 20
insert-- 21
`or (3A)'. 22
(2) Section 30A(3)(a), after `section 26A(3)'-- 23
insert-- 24
`or (3B)'. 25
(3) Section 30A(4)(b), after `place'-- 26
insert-- 27
`, including, for example, dangerous goods or packaging at the 28
place'. 29
Page 77
Transport and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acts for purposes relating to dangerous goods
[s 51]
(4) Section 30A(6)(b)-- 1
omit, insert-- 2
`(b) if the exercising of the power is because of a suspicion 3
mentioned in section 26A(2) or a belief and suspicion 4
mentioned in section 26A(3)--require a responsible 5
person for the heavy vehicle in relation to which the 6
power is to be exercised to give the authorised officer 7
reasonable help to exercise the power, whether or not the 8
person is in or at the place; or 9
(c) if the exercising of the power is because of a suspicion 10
mentioned in section 26A(3A) or a belief and suspicion 11
mentioned in section 26A(3B)--require a person 12
involved in the transport of dangerous goods in relation 13
to which the power is to be exercised to give the 14
authorised officer reasonable help to exercise the power, 15
whether or not the person is in or at the place.'. 16
(5) Section 30A(7) and (8), after `subsection (6)(b)'-- 17
insert-- 18
`or (c)'. 19
(6) Section 30A(11), definition transport Act-- 20
omit, insert-- 21
`transport Act does not include the Queensland Road Rules.'. 22
Clause 51 Amendment of s 32 (Power to stop prescribed heavy 23
vehicles) 24
(1) Section 32(5), penalty, `for subsection (5)'-- 25
omit. 26
(2) Section 32-- 27
insert-- 28
`(6) Without limiting section 31, a power under this section may 29
be exercised in relation to a suspected dangerous goods 30
vehicle as if it were a prescribed heavy vehicle.'. 31
Page 78
Transport and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acts for purposes relating to dangerous goods
[s 52]
Clause 52 Amendment of s 33 (Requiring vehicle to be moved for 1
exercising power) 2
(1) Section 33(1) and (2), after `a heavy vehicle'-- 3
insert-- 4
`or a prescribed dangerous goods vehicle'. 5
(2) Section 33(3)(a), after `private vehicle'-- 6
insert-- 7
`other than a suspected dangerous goods vehicle'. 8
(3) Section 33(3)(b), after `prescribed heavy vehicle'-- 9
insert-- 10
`or a suspected dangerous goods vehicle'. 11
(4) Section 33(3A)(b), after `a heavy vehicle'-- 12
insert-- 13
`or a prescribed dangerous goods vehicle'. 14
(5) Section 33(4), penalty-- 15
omit, insert-- 16
`Maximum penalty-- 17
(a) for a private vehicle other than a suspected dangerous 18
goods vehicle--60 penalty units; or 19
(b) for a suspected dangerous goods vehicle or a prescribed 20
heavy vehicle--120 penalty units.'. 21
(6) Section 33(5), after `prescribed heavy vehicle'-- 22
insert-- 23
`or a suspected dangerous goods vehicle'. 24
(7) Section 33(6)-- 25
omit, insert-- 26
`(6) In this section-- 27
prescribed place, for a heavy vehicle or prescribed dangerous 28
goods vehicle, means-- 29
Page 79
Transport and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acts for purposes relating to dangerous goods
[s 53]
(a) any of the following places relating to a responsible 1
person for the heavy vehicle or a person involved in the 2
transport of dangerous goods-- 3
(i) a place at or from which the person carries on a 4
business; 5
(ii) a place that is occupied by the person in connection 6
with a business carried on by the person; 7
(iii) the registered office of a business carried on by the 8
person; or 9
(b) a place that is-- 10
(i) the garage address for the vehicle; or 11
(ii) without limiting subparagraph (i), the base of the 12
vehicle's driver; or 13
(c) a place where a document relating to the vehicle is 14
located or required to be kept under a transport Act or 15
alternative compliance scheme.'. 16
Clause 53 Amendment of s 33A (Requiring heavy vehicle to be 17
moved if causing harm or obstruction etc.) 18
(1) Section 33A, heading, after `heavy vehicle'-- 19
insert-- 20
`or prescribed dangerous goods vehicle'. 21
(2) Section 33A(1)(a), after `heavy vehicle'-- 22
insert-- 23
`or a prescribed dangerous goods vehicle'. 24
(3) Section 33A(1)(b)-- 25
omit, insert-- 26
`(b) the authorised officer reasonably believes the vehicle-- 27
(i) is causing, or creating a risk of, serious harm to 28
public safety, the environment or road 29
infrastructure; or 30
Page 80
Transport and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acts for purposes relating to dangerous goods
[s 54]
(ii) is causing, or likely to cause, an obstruction to-- 1
(A) traffic; or 2
(B) an event lawfully authorised to be held on 3
the road; or 4
(C) a vehicle entering or leaving land adjacent to 5
the road.'. 6
(4) Section 33A(2) and (5)(a), `heavy'-- 7
omit. 8
(5) Section 33A(6), definition prescribed place-- 9
omit, insert-- 10
`prescribed place see section 33(6).'. 11
Clause 54 Amendment of s 33B (Moving unattended heavy vehicle 12
on road) 13
(1) Section 33B, heading, after `heavy vehicle'-- 14
insert-- 15
`or prescribed dangerous goods vehicle'. 16
(2) Section 33B(1)(a), after `heavy vehicle'-- 17
insert-- 18
`or a prescribed dangerous goods vehicle'. 19
(3) Section 33B(2) to (6), `heavy'-- 20
omit. 21
Clause 55 Amendment s 33C (Moving other stationary heavy vehicle 22
if causing harm or obstruction etc.) 23
(1) Section 33C, heading, after `heavy vehicle'-- 24
insert-- 25
`or prescribed dangerous goods vehicle'. 26
(2) Section 33C(1)-- 27
Page 81
Transport and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acts for purposes relating to dangerous goods
[s 55]
omit, insert-- 1
`(1) This section applies if an authorised officer reasonably 2
believes the following about a vehicle-- 3
(a) the vehicle is a heavy vehicle on a road or road-related 4
area or is a prescribed dangerous goods vehicle in any of 5
the following places-- 6
(i) a road or road-related area; 7
(ii) a public place; 8
(iii) another place occupied or owned by the State or a 9
government entity; 10
(iv) a prescribed place an authorised officer has entered 11
under section 26; 12
(v) a place an authorised officer has entered under 13
section 26A or 26B; 14
(b) the vehicle is unattended or broken down; 15
(c) the vehicle-- 16
(i) is causing, or creating an imminent risk of, serious 17
harm to public safety, the environment or road 18
infrastructure; or 19
(ii) is causing, or likely to cause, an obstruction to-- 20
(A) traffic; or 21
(B) an event lawfully authorised to be held on 22
the road; or 23
(C) a vehicle entering or leaving land adjacent to 24
the road.'. 25
(3) Section 33C(2) to (6), `heavy'-- 26
omit. 27
(4) Section 33C-- 28
insert-- 29
`(9) In this section-- 30
Page 82
Transport and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acts for purposes relating to dangerous goods
[s 56]
prescribed place, in relation to a prescribed dangerous goods 1
vehicle, means-- 2
(a) any of the following places relating to a person involved 3
in the transport of dangerous goods-- 4
(i) a place at or from which the person carries on a 5
business; 6
(ii) a place that is occupied by the person in connection 7
with a business carried on by the person; 8
(iii) the registered office of a business carried on by the 9
person; or 10
(b) a place that is-- 11
(i) the garage address for the vehicle; or 12
(ii) without limiting subparagraph (i), the base of the 13
vehicle's driver; or 14
(c) a place where a document relating to the vehicle is 15
located or required to be kept under a transport Act or 16
alternative compliance scheme.'. 17
Clause 56 Insertion of new s 33D 18
Chapter 3, part 3, division 2, subdivision 2-- 19
insert-- 20
`33D Power if prescribed dangerous goods vehicle 21
broken down or immobilised on a road 22
`(1) This section applies if an authorised officer reasonably 23
believes-- 24
(a) a prescribed dangerous goods vehicle is broken down or 25
immobilised on a road or road-related area; and 26
(b) it is necessary to give a direction under subsection (2) to 27
a person in control of the vehicle to protect persons, 28
property or the environment. 29
`(2) The authorised officer may give a direction to the person in 30
control of the vehicle about the following-- 31
Page 83
Transport and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acts for purposes relating to dangerous goods
[s 57]
(a) carrying out repair work on the vehicle; 1
(b) towing the vehicle off the road or road-related area; 2
(c) removing the dangerous goods from the vehicle; 3
(d) dealing with the dangerous goods after their removal 4
from the vehicle. 5
`(3) A person given a direction under subsection (2) must comply 6
with it, unless the person has a reasonable excuse. 7
Maximum penalty--80 penalty units.'. 8
Clause 57 Amendment of s 35 (Power to enter vehicles etc. other 9
than for vehicle inspection) 10
(1) Section 35(2A)(a), after `heavy vehicle'-- 11
insert-- 12
`or a prescribed dangerous goods vehicle'. 13
(2) Section 35(2A)(b), `heavy'-- 14
omit. 15
Clause 58 Amendment of s 35A (Further powers to inspect and 16
search heavy vehicles) 17
(1) Section 35A, heading, `heavy vehicles'-- 18
omit, insert-- 19
`heavy vehicle or prescribed dangerous goods vehicle'. 20
(2) Section 35A(1), `, whether or not it'-- 21
omit, insert-- 22
`, or a prescribed dangerous goods vehicle, whether or not the 23
heavy vehicle or prescribed dangerous goods vehicle'. 24
(3) Section 35A(2) to (7) and (9), `heavy'-- 25
omit. 26
Page 84
Transport and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acts for purposes relating to dangerous goods
[s 59]
(4) Section 35A(3), after `reasonably believes'-- 1
insert-- 2
`any of the following'. 3
(5) Section 35A(3), `Act; or'-- 4
omit, insert-- 5
`Act;'. 6
(6) Section 35A(3)-- 7
insert-- 8
`(c) for a prescribed dangerous goods vehicle, the vehicle 9
has been or may have been involved in a situation that 10
was a dangerous situation when it happened.'. 11
(7) Section 35A(10), definitions prescribed place and transport 12
Act-- 13
omit, insert-- 14
`prescribed place see section 33(6). 15
transport Act does not include the Queensland Road Rules.'. 16
Clause 59 Amendment of s 35B (Further powers to access stored 17
information or to decide if anything found in a heavy 18
vehicle may be seized) 19
(1) Section 35B(1), heading, after `heavy vehicle'-- 20
insert-- 21
`or prescribed dangerous goods vehicle'. 22
(2) Section 35B(1), after `heavy vehicle'-- 23
insert-- 24
`or a prescribed dangerous goods vehicle'. 25
(3) Section 35B(2)(a), `heavy'-- 26
omit. 27
Page 85
Transport and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acts for purposes relating to dangerous goods
[s 60]
Clause 60 Amendment of s 35C (Running or stopping heavy vehicle 1
engine) 2
(1) Section 35C, heading, after `heavy vehicle engine'-- 3
insert-- 4
`or prescribed dangerous goods vehicle engine'. 5
(2) Section 35C, before subsection (1)-- 6
insert-- 7
`(1AA) The purpose of this section is to enable an authorised officer 8
to effectively exercise a power under this Act in relation to 9
either of the following (each of which is the vehicle)-- 10
(a) a heavy vehicle; 11
(b) a prescribed dangerous goods vehicle.'. 12
(3) Section 35C(1), from `may,' to `vehicle and run'-- 13
omit, insert-- 14
`may enter the vehicle and run'. 15
(4) Section 35C(1)(b)-- 16
omit, insert-- 17
`(b) the following applies-- 18
(i) for a heavy vehicle--no responsible person for the 19
heavy vehicle is available or willing to take the 20
prescribed action; 21
(ii) for a prescribed dangerous goods vehicle--no 22
person involved with the transport of the dangerous 23
goods in relation to that vehicle is available or 24
willing to take the prescribed action; or'. 25
(5) Section 35C(1)(c), (2), (4) and (5), `heavy'-- 26
omit. 27
Clause 61 Amendment of s 38 (Power to prohibit persons driving) 28
(1) Section 38(2) and (2A), after `heavy vehicle'-- 29
Page 86
Transport and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acts for purposes relating to dangerous goods
[s 62]
insert-- 1
`or a prescribed dangerous goods vehicle'. 2
(2) Section 38(3), penalty-- 3
omit, insert-- 4
`Maximum penalty for subsection (3)-- 5
(a) for a private vehicle other than a suspected dangerous 6
goods vehicle--60 penalty units; or 7
(b) for a suspected dangerous goods vehicle or a prescribed 8
heavy vehicle--120 penalty units.'. 9
Clause 62 Amendment of s 39 (Powers to enable effective and safe 10
exercise of other powers) 11
(1) Section 39(1)-- 12
omit, insert-- 13
`(1) An authorised officer may require a person mentioned in the 14
following paragraphs to give the officer reasonable help to 15
enable the officer to effectively exercise-- 16
(a) a power under this Act in relation to a vehicle other than 17
a heavy vehicle or a prescribed dangerous goods 18
vehicle--the person in control of the vehicle; 19
(b) a power under this Act in relation to a heavy vehicle--a 20
responsible person for the vehicle; 21
(c) a power under this Act in relation to a prescribed 22
dangerous goods vehicle--a person involved in the 23
transport of dangerous goods in relation to the vehicle; 24
(d) a power under this Act in relation to the transport of 25
dangerous goods--a person involved in the transport of 26
the dangerous goods to which the power relates. 27
Examples of requirements -- 28
· to hold the vehicle stationary on a weighing device to enable the 29
vehicle to be weighed 30
· to open the vehicle's bonnet to enable the engine to be inspected 31
Page 87
Transport and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acts for purposes relating to dangerous goods
[s 62]
· to help the authorised officer to weigh or measure all or part of the 1
vehicle, including an axle or axle group 2
· to help the authorised officer to weigh, measure or take samples of 3
all or part of the vehicle's equipment or load including a substance 4
or packaging 5
· to operate equipment or facilities 6
· to give access, free of charge, to photocopying equipment.'. 7
(2) Section 39(1A)(a), after `engine'-- 8
insert-- 9
`(take the prescribed action)'. 10
(3) Section 39(1B), (1C) and (1D)-- 11
omit, insert-- 12
`(1B) Subsections (1C) to (1F) apply to a person mentioned in 13
subsection (1)(b) or (c) who is required to take the prescribed 14
action. 15
`(1C) The person may use the force that is reasonably necessary to 16
enter the vehicle and take the prescribed action. 17
`(1D) However subsection (1C) does not authorise the person to use 18
force against anyone.'. 19
(4) Section 39(1E) and (1F), `responsible'-- 20
omit. 21
(5) Section 39(1E), `heavy'-- 22
omit. 23
(6) Section 39(3), penalty-- 24
omit, insert-- 25
`Maximum penalty-- 26
(a) for a power exercised in relation to a private vehicle 27
other than a suspected dangerous goods vehicle--60 28
penalty units; or 29
(b) for a power exercised in relation to a suspected 30
dangerous goods vehicle, a prescribed heavy vehicle or 31
the transport of dangerous goods--120 penalty units.'. 32
Page 88
Transport and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acts for purposes relating to dangerous goods
[s 63]
Clause 63 Amendment of s 39C (Interfering with prescribed heavy 1
vehicle equipment or load) 2
(1) Section 39C, heading, from `prescribed heavy vehicle'-- 3
omit, insert-- 4
`equipment or load of particular vehicles'. 5
(2) Section 39C(1)(a), `prescribed heavy'-- 6
omit. 7
(3) Section 39C(1)(b), `a heavy vehicle'-- 8
omit, insert-- 9
`suspected dangerous good vehicle'. 10
(4) Section 39C(1)(c), `heavy'-- 11
omit. 12
(5) Section 39C(2), `prescribed heavy vehicle or heavy'-- 13
omit. 14
Clause 64 Amendment of new s 40A (Further powers to seize 15
evidence in relation to heavy vehicle) 16
(1) Section 40A, heading, `heavy vehicle'-- 17
omit, insert-- 18
`particular vehicles'. 19
(2) Section 40A(1)(a), after `section 26A(3)'-- 20
insert-- 21
`or (3B)'. 22
(3) Section 40A(2)(a)(i), after `a heavy vehicle'-- 23
insert-- 24
`, a prescribed dangerous goods vehicle or the transport of 25
dangerous goods'. 26
(4) Section 40A(2)(a)(ii), after `a heavy vehicle'-- 27
insert-- 28
Page 89
Transport and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acts for purposes relating to dangerous goods
[s 65]
`or prescribed dangerous goods vehicle'. 1
(5) Section 40A(4), definition transport Act-- 2
omit, insert-- 3
`transport Act does not include the Queensland Road Rules.'. 4
Clause 65 Amendment of s 45 (Access to seized things) 5
Section 45-- 6
insert-- 7
`(2) Subsection (1) does not apply if it is impracticable or would 8
be unreasonable to allow the inspection or copying.'. 9
Clause 66 Amendment of ch 3, pt 3, div 3B, hdg (Embargo notice for 10
evidence about heavy vehicle) 11
Chapter 3, part 3, division 3B, heading, after `vehicle'-- 12
insert-- 13
`or dangerous goods'. 14
Clause 67 Amendment of s 46B (Embargo notice) 15
(1) Section 46B(1)(a), after `a heavy vehicle'-- 16
insert-- 17
`, a prescribed dangerous goods vehicle or the transport of 18
dangerous goods'. 19
(2) Section 46B(5), definition relevant entity, paragraph (a), after 20
`heavy vehicle'-- 21
insert-- 22
`or prescribed dangerous goods vehicle'. 23
Clause 68 Amendment of s 48A (Further power to require personal 24
details for exercising power in relation to heavy vehicle) 25
(1) Section 48A, heading, after `heavy vehicle'-- 26
Page 90
Transport and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acts for purposes relating to dangerous goods
[s 68]
insert-- 1
`or transport of dangerous goods'. 2
(2) Section 48A(1)(a) and (b) and (7)(a), `heavy vehicle 3
offence'-- 4
omit, insert-- 5
`vehicle offence or dangerous goods offence'. 6
(3) Section 48A(1)(c), after `heavy vehicle'-- 7
insert-- 8
`or prescribed dangerous goods vehicle'. 9
(4) Section 48A(1)(d)-- 10
omit, insert-- 11
`(d) an authorised officer reasonably suspects a person is or 12
may be any of the following and is or may be able to 13
help in the investigation of a vehicle offence, suspected 14
vehicle offence, dangerous goods offence or suspected 15
dangerous goods offence-- 16
(i) for a vehicle offence or suspected vehicle offence 17
involving a heavy vehicle--a responsible person 18
for the vehicle; 19
(ii) for a vehicle offence or suspected vehicle offence 20
involving a prescribed dangerous goods vehicle--a 21
person involved in the transport of dangerous 22
goods by the vehicle; 23
(iii) for a dangerous goods offence or suspected 24
dangerous goods offence--a person involved in the 25
transport of the relevant dangerous goods.'. 26
(5) Section 48A(8), definition heavy vehicle offence-- 27
omit. 28
(6) Section 48A(8)-- 29
insert-- 30
Page 91
Transport and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acts for purposes relating to dangerous goods
[s 69]
`dangerous goods offence means an offence against this Act 1
that involves or relates to the transport of dangerous goods, 2
other than a vehicle offence or an offence against the 3
Queensland Road Rules. 4
vehicle offence means an offence against a transport Act that 5
involves or relates to a heavy vehicle or prescribed dangerous 6
goods vehicle, other than an offence against the Queensland 7
Road Rules.'. 8
Clause 69 Amendment of s 49 (Power to require documents to be 9
produced) 10
Section 49-- 11
insert-- 12
`(7) Despite subsections (3) and (6), a regulation may provide that 13
an authorised officer may seize a document if-- 14
(a) the document is a licence and the authorised officer 15
reasonably believes any of the following-- 16
(i) the licence has been cancelled or suspended; 17
(ii) the licence has ended; 18
(iii) the licence has been amended and the amendment 19
is not recorded on the licence; 20
(iv) the person who produces the licence is not the 21
licensee or is disqualified, however described, by 22
an Australian court from holding or obtaining an 23
Australian driver licence; or 24
(b) the document purports to be a licence and the authorised 25
officer reasonably believes the document is not a 26
licence.'. 27
Clause 70 Insertion of new s 49A 28
After section 49-- 29
insert-- 30
Page 92
Transport and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acts for purposes relating to dangerous goods
[s 70]
`49A Direction to provide information about heavy vehicles 1
and transport of dangerous goods 2
`(1) This section applies to each of the following-- 3
(a) a responsible person for a heavy vehicle; 4
(b) a person involved in the transport of dangerous goods. 5
`(2) An authorised officer may, for compliance purposes, give a 6
person any of the following directions-- 7
(a) if the person is a responsible person for a heavy 8
vehicle--a direction to provide information to the 9
officer about the heavy vehicle or any load or equipment 10
carried or intended to be carried by the heavy vehicle; or 11
(b) if the person is a person involved in the transport of 12
dangerous goods--a direction to provide information to 13
the officer about the dangerous goods, a prescribed 14
dangerous goods vehicle carrying or intended to be used 15
for carrying the dangerous goods, or any other load or 16
equipment carried or intended to be carried by the 17
vehicle. 18
`(3) Without limiting subsection (2), a direction under that 19
subsection may require a person who is associated with a 20
particular vehicle to provide information about the current or 21
intended journey of the vehicle, including, for example, the 22
following-- 23
(a) the location of the start or intended start of the journey; 24
(b) the route or intended route of the journey; 25
(c) the location of the destination or intended destination of 26
the journey. 27
`(4) In giving a direction under subsection (2) to a person, the 28
authorised officer must warn the person it is an offence to fail 29
to give the information, unless the person has a reasonable 30
excuse. 31
`(5) A person given a direction under subsection (2) must comply 32
with the direction, unless the person has a reasonable excuse. 33
Maximum penalty--60 penalty units. 34
Page 93
Transport and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acts for purposes relating to dangerous goods
[s 71]
`(6) It is a reasonable excuse for an individual to fail to give the 1
information if giving the information might tend to 2
incriminate the individual. 3
`(7) In this section-- 4
compliance purposes means-- 5
(a) to find out whether this Act is being complied with; or 6
(b) to investigate a vehicle offence, suspected vehicle 7
offence, dangerous goods offence, or a suspected 8
dangerous goods offence. 9
dangerous goods offence see section 48A(8). 10
vehicle offence see section 48A(8).'. 11
Clause 71 Amendment of s 50AB (Power to require help to find and 12
access documents or information about heavy vehicle) 13
(1) Section 50AB, heading, from `documents'-- 14
omit, insert-- 15
`particular documents or information'. 16
(2) Section 50AB(1), after `heavy vehicle'-- 17
insert-- 18
`or a person involved in the transport of dangerous goods'. 19
(3) Section 50AB(1), `in relation to the vehicle'-- 20
omit. 21
Clause 72 Omission of ch 3, pt 3, div 5 (Remedial action notices) 22
Chapter 3, part 3, division 5-- 23
omit. 24
Page 94
Transport and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acts for purposes relating to dangerous goods
[s 73]
Clause 73 Omission of ch 3, pt 4A (Additional powers of authorised 1
officers to prevent dangerous situation) 2
Chapter 3, part 4A-- 3
omit. 4
Clause 74 Amendment of s 51F (Reciprocal powers) 5
(1) Section 51F(3) and (4), `heavy vehicle'-- 6
omit, insert-- 7
`relevant matter'. 8
(2) Section 51F-- 9
insert-- 10
`(8) In this section-- 11
relevant matter means-- 12
(a) a heavy vehicle; or 13
(b) a prescribed dangerous goods vehicle; or 14
(c) the transport of dangerous goods.'. 15
Clause 75 Amendment of s 52 (False or misleading statements) 16
Section 52(2), penalty, paragraph (b), after `vehicle'-- 17
insert-- 18
`, a prescribed dangerous goods vehicle or the transport of 19
dangerous goods'. 20
Clause 76 Amendment of s 53 (False or misleading documents, 21
generally) 22
Section 53(2), penalty, paragraph (b), after `vehicle'-- 23
insert-- 24
`, a prescribed dangerous goods vehicle or the transport of 25
dangerous goods'. 26
Page 95
Transport and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acts for purposes relating to dangerous goods
[s 77]
Clause 77 Amendment of s 54 (Obstructing authorised officers or 1
accredited persons) 2
Sections 54(1), penalty, paragraph (b), after `vehicle'-- 3
insert-- 4
`, a prescribed dangerous goods vehicle or the transport of 5
dangerous goods'. 6
Clause 78 Amendment of s 55 (Pretending to be an authorised 7
officer or accredited person) 8
Section 55, penalty, paragraph (a), `107'-- 9
omit, insert-- 10
`134'. 11
Clause 79 Amendment of s 60 (Evidentiary aids) 12
(1) Section 60(2)(aa), from `relating to'-- 13
omit, insert-- 14
`relating to-- 15
(i) the operation or use of a heavy vehicle or 16
dangerous goods vehicle; or 17
(ii) the transport of dangerous goods;'. 18
(2) Section 60(2)(ma), after `vehicle'-- 19
insert-- 20
`or dangerous goods vehicle'. 21
Clause 80 Amendment of s 61B (Transport and journey 22
documentation) 23
(1) Section 61B(1), from `relating' to `transport Act'-- 24
omit, insert-- 25
`under a transport Act relating to a heavy vehicle, prescribed 26
dangerous goods vehicle or the transport of dangerous goods'. 27
Page 96
Transport and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acts for purposes relating to dangerous goods
[s 81]
(2) Section 61B(2), definition status-- 1
omit, insert-- 2
`status, of the parties to a transaction, includes-- 3
(a) for a transaction involving a heavy vehicle--the status 4
of each of the parties as a responsible person for the 5
heavy vehicle used or intended to be used for 6
transporting the goods the subject of the transaction; and 7
(b) for a transaction involving a prescribed dangerous goods 8
vehicle or the transport of dangerous goods--the status 9
of each of the parties as a person involved in the 10
transport of dangerous goods.'. 11
Clause 81 Amendment of s 62 (Proceedings for offences) 12
Section 62(3), after `heavy vehicle'-- 13
insert-- 14
`, a dangerous goods vehicle or the transport of dangerous 15
goods'. 16
Clause 82 Insertion of new ch 5A, pt 1, hdg 17
Chapter 5A, before section 151-- 18
insert-- 19
`Part 1 Preliminary'. 20
Clause 83 Amendment of s 151 (Application of ch 5A) 21
(1) Section 151(1)(a), `by road'-- 22
omit. 23
(2) Section 151(2)-- 24
omit, insert-- 25
`(2) However, this chapter does not apply to-- 26
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(a) the transport of the following except if transported with 1
other dangerous goods-- 2
(i) radioactive substances under the Radiation Safety 3
Act 1999; 4
(ii) explosives under the Explosives Act 1999; or 5
(b) the transport of dangerous goods if the total quantity of 6
dangerous goods in a load on a vehicle is less than the 7
quantity for which an inner package, as prescribed under 8
a dangerous goods regulation, is required to be marked 9
under the regulation; or 10
(c) the transport of a load of dangerous goods by a person 11
if-- 12
(i) the load does not contain dangerous goods-- 13
(A) in a receptacle with a capacity that is more 14
than a capacity prescribed under a dangerous 15
goods regulation; or 16
(B) in a receptacle if the quantity of dangerous 17
goods in the receptacle is more than the 18
quantity prescribed under a dangerous goods 19
regulation for the receptacle; and 20
(ii) the goods are not, and do not include, dangerous 21
goods prescribed under a dangerous goods 22
regulation as designated dangerous goods; and 23
(iii) the aggregate quantity of the dangerous goods in 24
the load, as worked out under a dangerous goods 25
regulation, is less than 25% of a load of dangerous 26
goods that, under the regulation, is required to be 27
placarded; and 28
(iv) the goods are not being transported by the person 29
in the course of a business of transporting goods by 30
road. 31
`(3) Also, a requirement of this Act imposed because of this 32
chapter does not apply to the transport of dangerous goods to 33
the extent the goods are transported by, or under the direction 34
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[s 84]
of, an authorised officer or relevant emergency service officer 1
to prevent a dangerous situation. 2
`(4) Also, even if particular goods are prescribed as dangerous 3
goods, the chapter does not apply to the transport of the 4
particular dangerous goods in a vehicle if-- 5
(a) the dangerous goods are in packaging that is-- 6
(i) designed for, and forming part of, the fuel or 7
electrical system of the vehicle's propulsion engine 8
or auxiliary engine; or 9
(ii) part of, and necessary for, the operation of an 10
appliance, plant or refrigeration system forming 11
part of or attached to the vehicle; or 12
(b) the dangerous goods are in equipment carried in, fitted 13
to or installed in the vehicle and designed for the safety 14
or protection of an occupant of the vehicle, the vehicle 15
or its load, including, for example, an airbag, fire 16
extinguisher, seatbelt pretensioning device or 17
self-contained breathing apparatus.'. 18
Clause 84 Insertion of new s 151A and pt 2, hdg 19
After section 151-- 20
insert-- 21
`151A Regulation may include provision for tools of trade 22
`(1) The section applies to dangerous goods that-- 23
(a) are not transported in the course of a business of 24
transporting goods but are transported by a person who 25
intends to use them or so they may be used for a 26
commercial purpose; and 27
(b) are transported as part of a load as prescribed under a 28
regulation. 29
`(2) A regulation may provide that provisions of the regulation 30
(the excluded provisions) do not apply to the transport of the 31
dangerous goods mentioned in subsection (1). 32
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[s 85]
`(3) Without limiting subsection (2), the regulation may provide 1
the excluded provisions do not apply to a person if the person 2
transports the dangerous goods in a way required by the 3
regulation. 4
`Part 2 Regulations and emergency 5
orders'. 6
Clause 85 Replacement of s 152 (Regulations about dangerous 7
goods) 8
Section 152-- 9
omit, insert-- 10
`152 Regulations about dangerous goods and transport 11
of dangerous goods 12
`(1) A regulation may make provision about dangerous goods and 13
the transport of dangerous goods, including for example, the 14
following-- 15
(a) identifying and classifying goods as dangerous goods, 16
and the identification and classification of dangerous 17
goods; 18
(b) the making of decisions by the chief executive for the 19
purposes of a regulation in relation to the following-- 20
(i) the identification and classification of goods as 21
dangerous goods; 22
(ii) the identification and classification of dangerous 23
goods; 24
(iii) the specification of what is, and what is not, 25
compatible with dangerous goods for transport 26
purposes; 27
(iv) prohibiting or regulating the transport of dangerous 28
goods; 29
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[s 85]
(v) regulating the containment of dangerous goods that 1
are being, or that are to be, transported; 2
(c) the analysis and testing of dangerous goods; 3
(d) the marking and labelling of packages containing 4
dangerous goods for transport and the placarding of 5
vehicles and packaging on or in which dangerous goods 6
are transported; 7
(e) containers, vehicles, packaging, equipment and other 8
items used in the transport of dangerous goods; 9
(f) the manufacture of containers, vehicles, packaging, 10
equipment and other items for use in the transport of 11
dangerous goods; 12
(g) voluntary accreditation schemes, including privileges to 13
be accorded or sanctions to be imposed under the 14
schemes and the cancellation or suspension of the 15
schemes; 16
(h) the loading of dangerous goods for, and the unloading of 17
dangerous goods after, their transport; 18
(i) deciding routes along which, the areas in which and the 19
times during which dangerous goods may or may not be 20
transported; 21
(j) procedures for transporting dangerous goods, including, 22
but not limited to-- 23
(i) the quantities and circumstances in which 24
dangerous goods, may be transported; and 25
(ii) safety procedures and equipment; 26
(k) the licensing of-- 27
(i) vehicles and drivers for transporting dangerous 28
goods; and 29
(ii) persons involved in the transport of dangerous 30
goods or vehicles used in the transport; 31
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[s 85]
(l) the mandatory accreditation of persons involved in the 1
transport of dangerous goods or particular aspects of 2
that transport; 3
(m) the approval of-- 4
(i) vehicles, packaging, equipment and other items 5
used in relation to transporting dangerous goods; 6
and 7
(ii) facilities for, and methods of, testing or using 8
vehicles, packaging, equipment and other items 9
used in relation to transporting dangerous goods; 10
and 11
(iii) processes carried out in relation to transporting 12
dangerous goods; 13
(n) documents required to be prepared or kept by persons 14
involved in the transport of dangerous goods, and the 15
approval by the chief executive of alternative 16
documentation; 17
(o) public liability insurance or some other form of 18
indemnity that must be taken out by persons involved in 19
the transport of dangerous goods; 20
(p) obligations arising, and procedures to be followed, in 21
the event of a dangerous situation; 22
(q) the training and qualifications required of persons 23
involved in, and the approval of training courses and 24
qualifications relating to involvement in, transporting 25
dangerous goods; 26
(r) the recognition of accredited providers of training, 27
package testing, design verification and other similar 28
activities. 29
`(2) Without limiting subsection (1), a regulation may make 30
provision about the recognition of laws of other jurisdictions 31
relating to transporting dangerous goods, things done under 32
those laws and giving effect to those things, including, for 33
example, providing for-- 34
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[s 85]
(a) the recognition of an entity (the competent authorities 1
panel) whose membership includes the chief executive 2
and dangerous goods authorities and that may be 3
required to make decisions, and to provide oversight on 4
decisions made, under this chapter in the interests of 5
national uniformity; and 6
(b) for other matters in relation to the competent authorities 7
panel. 8
`(3) For subsection (2)(b), a regulation may provide that the chief 9
executive must refer to the competent authorities panel-- 10
(a) an application made to the chief executive for a 11
decision, approval or exemption under this Act if the 12
chief executive considers the decision, approval or 13
exemption should have effect in all participating 14
dangerous goods jurisdictions or some of those 15
jurisdictions including this jurisdiction; or 16
(b) a decision, approval or exemption under this Act that 17
has effect in all participating dangerous goods 18
jurisdictions or some of those jurisdictions including 19
this jurisdiction if-- 20
(i) the chief executive considers the decision, approval 21
or exemption should be cancelled or amended; or 22
(ii) a dangerous goods authority recommended to the 23
chief executive that the decision, approval or 24
exemption should be cancelled or amended; or 25
(c) a recommendation by the chief executive to a dangerous 26
goods authority that a decision, approval or exemption 27
given by the authority under a corresponding law, that 28
has effect in all participating dangerous goods 29
jurisdictions or some of those jurisdictions including 30
this jurisdiction, if the chief executive considers a 31
ground exists under the corresponding law for the 32
authority to cancel or amend the decision, approval or 33
exemption. 34
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[s 86]
`(4) If a regulation provides that a matter must be referred to the 1
competent authorities panel, the regulation may provide that 2
the chief executive must have regard to the panel's decision. 3
`(5) A regulation may make provision in relation to an action taken 4
or decision made by the competent authorities panel or a 5
dangerous goods authority in relation to a matter considered 6
by the competent authorities panel, including that the action or 7
decision has effect in this jurisdiction as if it were an action or 8
decision of the chief executive. 9
`(6) The reference in subsection (1)(b) to the chief executive 10
making decisions about particular matters does not limit the 11
Statutory Instruments Act 1992, section 26, in relation to any 12
other matter mentioned in this section. 13
`(7) In this section-- 14
amend includes vary. 15
`Part 3 Exemptions'. 16
Clause 86 Amendment of s 153 (Exemptions) 17
(1) Section 153(1), after `A person'-- 18
insert-- 19
', or a person who is the representative of a class of persons,'. 20
(2) Section 153(1), before `regulation'-- 21
insert-- 22
`dangerous goods'. 23
(3) Section 153(1), `by road'-- 24
omit. 25
(4) Section 153(2), after `a person'-- 26
insert-- 27
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[s 86]
`or class of persons'. 1
(5) Section 153(2), `regulation about transporting dangerous 2
goods by road'-- 3
omit, insert-- 4
`dangerous goods regulation'. 5
(6) Section 153(2)(a), after `the person'-- 6
insert-- 7
`or class of persons'. 8
(7) Section 153(2)(b)(i)-- 9
omit, insert-- 10
`(i) would not be likely to create a risk of death or 11
injury to a person, or harm to the environment or to 12
property, greater than that which would be the case 13
if the person or class of persons was required to 14
comply; and'. 15
(8) Section 153(4), (5), (6) and (7)-- 16
omit, insert-- 17
`(4) If an application is made for an exemption and the chief 18
executive grants the exemption, the chief executive must send 19
to each applicant a notice stating-- 20
(a) the provisions of a dangerous goods regulation in 21
relation to which the exemption applies; and 22
(b) the dangerous goods to which the exemption applies; 23
and 24
(c) the time for which the exemption applies, including the 25
date that the exemption takes effect; and 26
(d) the conditions to which the exemption is subject; and 27
(e) the geographical area for which the exemption applies; 28
and 29
(f) for a class exemption--each of the following to be 30
stated in the exemption-- 31
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[s 86]
(i) the class of person exempted; 1
(ii) the class representative for the exemption. 2
`(5) If an application is made for an exemption and the chief 3
executive does not grant the exemption, the chief executive 4
must give a notice stating the following to each applicant-- 5
(a) that the chief executive is not granting the exemption; 6
(b) the reasons for the decision; 7
(c) that the person may-- 8
(i) under section 65, ask for the decision to be 9
reviewed and appeal against the reviewed decision; 10
and 11
(ii) under the Transport Planning and Coordination 12
Act 1994, part 5, ask for the decision or the 13
reviewed decision to be stayed. 14
Note-- 15
A notice is not required when an exemption is granted on conditions. 16
`(6) The Statutory Instruments Act 1992, sections 24 to 26 apply to 17
the exemption as if it were a statutory instrument. 18
`(7) A regulation may make provision in relation to applying for, 19
and the giving of, exemptions under this Act. 20
`(8) In this section-- 21
applicant means-- 22
(a) a person who has applied under subsection (1) for 23
himself or herself, whether or not the application is 24
made jointly with other persons; or 25
(b) a person who is a representative of a class of persons 26
and who has applied under subsection (1) for the class 27
of persons; or 28
(c) a person who is a member of a class of persons and 29
whose name and address is given in an application made 30
by a person as mentioned in paragraph (b).'. 31
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[s 87]
Clause 87 Insertion of new ss 153A153H and pt 4, hdg 1
After section 153-- 2
insert-- 3
`153A Contravention of condition of exemption 4
`(1) A person acting under the authority of an exemption under 5
section 153 must not contravene a condition of the exemption. 6
Maximum penalty--135 penalty units or 6 months 7
imprisonment. 8
`(2) If, because of the operation of section 153(3), a person 9
commits an offence against a provision of a regulation (the 10
other offence provision) the person was exempted from 11
complying with under the exemption, the person-- 12
(a) may be charged with committing an offence against 13
either subsection (1) or the other offence provision; but 14
(b) must not be charged with both offences. 15
Editor's note-- 16
See also the Criminal Code, section 16. 17
`153B Grounds for amending, suspending or cancelling 18
exemption 19
`It is a ground for amending, suspending or cancelling an 20
exemption if-- 21
(a) the exemption was granted because of a document or 22
representation that is false or misleading or obtained or 23
made in another improper way; or 24
(b) the person, or 1 or more of the persons, to whom the 25
exemption applies-- 26
(i) has contravened a condition of the exemption; or 27
(ii) has been convicted of an offence against this Act or 28
a corresponding law that is an offence relevant to 29
the issue of whether the person or persons should 30
continue to be the subject of an exemption; or 31
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[s 87]
(c) public safety has been endangered, or is likely to be 1
endangered because of the exemption; or 2
(d) the chief executive considers that if he or she were 3
dealing with an application for the exemption again (a 4
notional application), the chief executive would not be 5
satisfied, as mentioned in section 153(2), in relation to 6
the granting of the notional application; or 7
(e) the chief executive considers it necessary in the public 8
interest. 9
`153C What chief executive must do before taking 10
proposed action, other than for class exemption 11
`(1) This section applies if the chief executive proposes to amend, 12
suspend or cancel an exemption, other than a class exemption 13
(the proposed action). 14
`(2) Before taking the proposed action, the chief executive must 15
give the holder written notice stating-- 16
(a) the proposed action; and 17
(b) the grounds for the proposed action; and 18
(c) an outline of the facts and circumstances forming the 19
basis for the grounds; and 20
(d) if the proposed action is to amend the exemption, 21
including a condition of the exemption--the proposed 22
amendment; and 23
(e) if the proposed action is to suspend the exemption--the 24
proposed suspension period; and 25
(f) an invitation to the holder to show in writing, within a 26
stated time of at least 28 days, why the proposed action 27
should not be taken. 28
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[s 87]
`153D What chief executive must do before taking 1
proposed action for class exemption 2
`(1) This section applies if the chief executive proposes to amend, 3
suspend or cancel a class exemption (the proposed action). 4
`(2) Before taking the proposed action, the chief executive must 5
give written notice to the holder and in the gazette stating-- 6
(a) the proposed action; and 7
(b) the grounds for the proposed action; and 8
(c) an outline of the facts and circumstances forming the 9
basis for the grounds; and 10
(d) if the proposed action is to amend the exemption, 11
including a condition of the exemption--the proposed 12
amendment; and 13
(e) if the proposed action is to suspend the exemption--the 14
proposed suspension period; and 15
(f) an invitation to the holder and any member of the class 16
for the exemption to show in writing, within a stated 17
time of at least 28 days, why the proposed action should 18
not be taken. 19
`153E Decision on proposed action 20
`(1) If, after considering any written representations made within 21
the time allowed under section 153C or 153D, the chief 22
executive still considers proposed action under the section 23
should be taken, the chief executive may-- 24
(a) if the proposed action was to amend the 25
exemption--amend the exemption; or 26
(b) if the proposed action was to suspend the 27
exemption--suspend the exemption for no longer than 28
the period stated in the notice under section 153C or 29
153D; or 30
(c) if the proposed action was to cancel the exemption-- 31
(i) amend the exemption; or 32
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[s 87]
(ii) suspend the exemption for a period, including, if 1
the grounds for taking action are capable of being 2
remedied by the holder or any member of the class 3
for the exemption, on the condition that-- 4
(A) the grounds must be remedied to the chief 5
executive's reasonable satisfaction within a 6
reasonable time before the suspension period 7
ends; and 8
(B) the chief executive may cancel the 9
exemption under section 153H if the grounds 10
are not remedied as mentioned in 11
subsubparagraph (A); or 12
(iii) cancel the exemption. 13
`(2) The chief executive must give written notice of the chief 14
executive's decision to the holder. 15
`(3) If the chief executive decides to amend, suspend or cancel the 16
exemption, the notice must state-- 17
(a) the reasons for the decision; and 18
(b) if the exemption is suspended on the condition 19
mentioned in subsection (1)(c)(ii)--the exemption may 20
be cancelled under section 153H if the holder fails to 21
comply with the condition; and 22
(c) that the holder may-- 23
(i) under section 65, ask for the decision to be 24
reviewed and appeal against the reviewed decision; 25
and 26
(ii) under the Transport Planning and Coordination 27
Act 1994, part 5, ask for the decision or the 28
reviewed decision to be stayed. 29
`(4) The decision takes effect on the later of the following-- 30
(a) the day the notice is given to the holder; 31
(b) the day stated in the notice. 32
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`153F Provisions not applying to beneficial or clerical 1
amendment 2
`(1) Sections 153C, 153D or 153E do not apply-- 3
(a) if the chief executive proposes to amend an exemption 4
only-- 5
(i) for a formal or clerical reason; or 6
(ii) in another way that does not adversely affect the 7
interests of any person; or 8
(b) if the chief executive proposes to amend an exemption 9
in another way or cancel it and the holder asked the 10
chief executive to make the amendment or to cancel the 11
exemption. 12
`(2) The chief executive may amend an exemption in a way 13
mentioned in subsection (1) by written notice to the holder. 14
`153G Immediate suspension in the public interest 15
`(1) Despite sections 153C and 153D, this section applies if the 16
chief executive considers it is necessary in the public interest 17
to immediately suspend an exemption. 18
`(2) The chief executive may, by written notice to the holder, 19
immediately suspend the exemption until the earlier of the 20
following-- 21
(a) a notice is given to the holder under section 153E(2) 22
after complying with section 153C or 153D; or 23
(b) the end of 56 days after the day the notice under this 24
section is given to the holder. 25
`(3) If the chief executive immediately suspends the exemption, 26
the notice must state-- 27
(a) the reasons for the decision; and 28
(b) that the holder may-- 29
(i) under section 65, ask for the decision to be 30
reviewed and appeal against the reviewed decision; 31
and 32
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[s 87]
(ii) under the Transport Planning and Coordination 1
Act 1994, part 5, ask for the decision or the 2
reviewed decision to be stayed. 3
`(4) If the chief executive suspends a class exemption, the chief 4
executive must give notice of the suspension in the gazette. 5
`153H Cancelling suspended exemption for failing to take 6
remedial action 7
`(1) This section applies if the chief executive-- 8
(a) suspends an exemption on the condition mentioned in 9
section 153E(1)(c)(ii); and 10
(b) reasonably believes the condition has not been complied 11
with. 12
`(2) The chief executive may by written notice given to the holder 13
cancel the exemption. 14
`(3) The notice must state-- 15
(a) the reasons for the chief executive's belief; and 16
(b) that the holder may-- 17
(i) under section 65, ask for the decision to be 18
reviewed and appeal against the reviewed decision; 19
and 20
(ii) under the Transport Planning and Coordination 21
Act 1994, part 5, ask for the decision or the 22
reviewed decision to be stayed. 23
`(4) The cancellation takes effect on the later of the following-- 24
(a) the day the notice is given to the holder; 25
(b) the day stated in the notice. 26
`Part 4 Offences and matters relating 27
to legal proceedings'. 28
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[s 88]
Clause 88 Amendment of s 154 (Failure to hold licence etc.) 1
(1) Section 154, `by road'-- 2
omit. 3
(2) Section 154, `regulation'-- 4
omit, insert-- 5
`dangerous goods regulation'. 6
(3) Section 154(3) and (4), penalty, after `units'-- 7
insert-- 8
`or 2 years imprisonment'. 9
(4) Section 154-- 10
insert-- 11
`(6) A person must not consign dangerous goods for transport on a 12
vehicle if the person knows, or reasonably ought to know, 13
that-- 14
(a) a dangerous goods regulation requires the vehicle to be 15
licensed to transport the goods; and 16
(b) the vehicle is not licensed under the dangerous goods 17
regulation. 18
Maximum penalty--135 penalty units.'. 19
Clause 89 Omission of s 155 (Goods too dangerous to be 20
transported) 21
Section 155-- 22
omit. 23
Clause 90 Amendment of s 156 (Duties when transporting 24
dangerous goods) 25
(1) Section 156, `by road'-- 26
omit. 27
(2) Section 156(2), penalty-- 28
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[s 91]
omit, insert-- 1
`Maximum penalty-- 2
(a) if the contravention results in death or grievous bodily 3
harm to a person--1320 penalty units or 2 years 4
imprisonment; or 5
(b) otherwise--665 penalty units or 1 year's 6
imprisonment.'. 7
Clause 91 Amendment of s 157 (Additional evidentiary aids for 8
transporting dangerous goods) 9
(1) Section 157(1)(a), after `believes'-- 10
insert-- 11
`, or at a particular time relevant to the exercise of a power 12
believed,'. 13
(2) Section 157(1)(a)(i) to (vi)-- 14
omit, insert-- 15
`(i) that dangerous goods stated in transport 16
documentation carried in a vehicle are or were 17
being carried in the vehicle; 18
(ii) that particular dangerous goods are or were 19
dangerous goods or dangerous goods of a 20
particular type; 21
(iii) if a marking or placard on a substance or 22
packaging indicates or indicated that the substance 23
is or was, or the packaging contains or contained 24
particular dangerous goods--that the substance is 25
or was or the packaging contains or contained the 26
dangerous goods indicated; 27
(iv) if a marking on a package indicates or indicated 28
that the package contains or contained particular 29
dangerous goods--that the package contains or 30
contained the dangerous goods indicated; 31
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[s 92]
(v) if a marking on a package indicates or indicated an 1
attribute in relation to the contents of the 2
package--that the contents of the package have or 3
had the indicated attribute; 4
(vi) if a marking or placard on a vehicle or equipment 5
indicates or indicated the vehicle or equipment is 6
or was being used to transport dangerous 7
goods--that the vehicle or equipment is or was 8
being used to transport the dangerous goods 9
indicated; 10
(vii) if a marking or placard on a substance or 11
packaging indicates or indicated the substance, 12
packaging or contents of the packaging have or had 13
an indicated attribute--that the substance, 14
packaging or contents have or had the indicated 15
attribute; 16
(viii) if a marking or placard on a vehicle or packaging 17
indicates or indicated the vehicle's load is or was, 18
or the contents of the packaging are or were, an 19
indicated quantity of dangerous goods--that the 20
vehicle is or was loaded with, or the packaging 21
contained, the quantity of dangerous goods 22
indicated; and'. 23
(3) Section 157(1)(b), after `to be'-- 24
insert-- 25
`, or to have been,' 26
(4) Section 157(3), definition markings-- 27
omit. 28
Clause 92 Insertion of new s 157A 29
After section 157-- 30
insert-- 31
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[s 93]
`157A Document signed by chief executive is evidence of 1
matters stated in it if no evidence to the contrary 2
`(1) In a prosecution for a contravention of this Act, a court may 3
admit each of the following documents as evidence if the 4
document purports to be signed by the chief executive-- 5
(a) a document relating to whether a person is exempt from 6
a requirement under section 153; or 7
(b) a document relating to a vehicle, equipment or another 8
item required under a dangerous goods regulation to be 9
approved by the chief executive; or 10
(c) a document relating to an accreditation or licence under 11
a dangerous goods regulation about the transport of 12
dangerous goods. 13
`(2) If there is no evidence to the contrary, the court must accept 14
the document as proof of the facts stated in it. 15
`(3) This section does not limit section 60.'. 16
Clause 93 Amendment of s 158 (Recovery of costs from convicted 17
person) 18
(1) Section 158(1), `by road'-- 19
omit. 20
(2) Section 158(1), from `State costs reasonably incurred'-- 21
omit, insert-- 22
`State any of the following-- 23
(a) costs that have been reasonably incurred in investigating 24
and prosecuting the offence including, for example, 25
collecting, packaging, testing, transporting, storing, 26
destroying the dangerous goods or other evidence; 27
(b) costs that, after the conviction, will be reasonably 28
incurred in collecting, packaging, testing, transporting, 29
storing, destroying, selling or otherwise disposing of the 30
dangerous goods or other evidence, whether or not there 31
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[s 94]
is an order under section 161 for forfeiture of the 1
dangerous goods or other things.'. 2
(3) Section 158-- 3
insert-- 4
`(4) A document purporting to be signed by any of the following 5
stating details of the costs that have been or will be reasonably 6
incurred for a matter mentioned in subsection (1) is evidence 7
of the costs-- 8
(a) for the department--the chief executive; 9
(b) for another government entity--the person who is the 10
chief executive or otherwise responsible for the entity.'. 11
Clause 94 Amendment of section 159 (Recovery of costs of 12
government action) 13
(1) Section 159(1) and (3)(d), `by road'-- 14
omit. 15
(2) Section 159(4)(a), `162'-- 16
omit, insert-- 17
`161A'. 18
(3) Section 159-- 19
relocate and renumber as chapter 5A, part 7, section 161O. 20
Clause 95 Amendment of s 160 (Prohibition from involvement in the 21
transport of dangerous goods by road) 22
(1) Section 160, heading-- 23
omit, insert-- 24
`160 Exclusion orders prohibiting involvement in the transport 25
of dangerous goods'. 26
(2) Section 160, `by road'-- 27
omit. 28
(3) Section 160(2), `order'-- 29
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omit, insert-- 1
`make an order (an exclusion order)'. 2
(4) Section 160(2)(b)-- 3
omit, insert-- 4
`(b) the person's criminal history to the extent the court 5
considers it relevant to the making of the exclusion 6
order;'. 7
(5) Section 160-- 8
insert-- 9
`(2A) However, the court must not make an exclusion order that 10
prohibits the person from either of the following-- 11
(a) driving a vehicle other than a dangerous goods vehicle; 12
or 13
(b) registering a vehicle.'. 14
(6) Section 160(3), after `an'-- 15
insert-- 16
`exclusion'. 17
(7) Section 160(4), `(2) does'-- 18
omit, insert-- 19
`(2) and (2A) do'. 20
(8) Section 160(5)-- 21
omit, insert-- 22
`(5) If a court has made an exclusion order, the court may revoke 23
or amend the exclusion order on the application of-- 24
(a) the chief executive; or 25
(b) the person for whom the order was made but only if the 26
court is satisfied there has been a change of 27
circumstances warranting revocation or amendment and 28
the chief executive was given reasonable notice of the 29
application. 30
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`(6) For subsection (5), the chief executive is entitled to appear and 1
be heard and to give and produce evidence at the hearing of 2
the application for or against the granting of the revocation or 3
amendment. 4
`(7) In this section-- 5
criminal history, of a person, means each of the following 6
despite the Criminal Law (Rehabilitation of Offenders) Act 7
1986, sections 6, 8 and 9-- 8
(a) every conviction of the person for an offence, in 9
Queensland or elsewhere, and whether before or after 10
the commencement of this Act; 11
(b) every charge made against the person for an offence, in 12
Queensland or elsewhere, and whether before or after 13
the commencement of this Act.'. 14
Clause 96 Amendment of s 161 (Forfeiting dangerous goods) 15
(1) Section 161(1), `by road'-- 16
omit. 17
(2) Section 161(1), from `, whether or not'-- 18
omit, insert-- 19
`order the dangerous goods or their packaging, or other things 20
used to commit the offence, be forfeited to the State.'. 21
(3) Section 161(2), `Goods or a thing'-- 22
omit, insert-- 23
`Dangerous goods, their packaging or other things'. 24
(4) Section 161-- 25
insert-- 26
`(3) Subsection (1) does not limit the court's power to make any 27
other order on the conviction including an order under section 28
158.'. 29
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[s 97]
Clause 97 Replacement of s 162 (Helping in emergencies or 1
accidents) 2
Section 162-- 3
omit, insert-- 4
`161A Helping in emergencies or accidents 5
`(1) This section applies if an individual, other than an official 6
mentioned in section 167-- 7
(a) helps, or attempts to help, in a situation in which an 8
emergency or accident involving the transport of 9
dangerous goods happens or is likely to happen; and 10
(b) the help, or attempt to help, is given-- 11
(i) honestly and without negligence; and 12
(ii) without any fee, charge or other reward. 13
`(2) The individual does not incur civil liability for helping or 14
attempting to help. 15
`(3) However, this section does not apply to an individual whose 16
act or omission wholly or partly caused the emergency or 17
accident involving the transport of dangerous goods. 18
`Part 5 Improvement notices 19
`161B Improvement notices 20
`(1) This section applies if an authorised officer reasonably 21
believes a person has contravened, is contravening or is likely 22
to contravene a provision under this Act about the transport of 23
dangerous goods or relating to a prescribed dangerous goods 24
vehicle. 25
`(2) The authorised officer may give the person a notice (an 26
improvement notice) requiring the person to remedy the 27
contravention or likely contravention, or the matters or 28
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activities occasioning the contravention or likely 1
contravention, before the date stated in the notice. 2
`(3) The improvement notice must state a date, with or without a 3
time, by which the person is required to remedy the 4
contravention or likely contravention, or the matters or 5
activities causing the contravention or likely contravention, 6
that the officer considers is reasonable having regard to-- 7
(a) the severity of any relevant risks; and 8
(b) the nature of the contravention or likely contravention. 9
`(4) The improvement notice must state each of the following-- 10
(a) that the authorised officer reasonably believes that a 11
person has contravened, is contravening or is likely to 12
contravene a provision under this Act; 13
(b) the reasons for that belief; 14
(c) the provisions under this Act in relation to which that 15
belief is held; 16
(d) that the person may-- 17
(i) under section 65--ask for the decision to give an 18
improvement notice to be reviewed and appeal 19
against the reviewed decision; and 20
(ii) under the Transport Planning and Coordination 21
Act 1994, part 5--ask for the decision or the 22
reviewed decision to be stayed; 23
(e) that the notice is given under this section. 24
`(5) The improvement notice may state the way the alleged 25
contravention or likely contravention, or the matters or 26
activities occasioning the alleged contravention or likely 27
contravention, are to be remedied. 28
`161C Contravention of improvement notice 29
`A person given an improvement notice must comply with the 30
notice, unless the person has a reasonable excuse. 31
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Maximum penalty--the maximum penalty for the 1
contravention of the provision about which the notice is given. 2
`161D Improvement notice may be given by attaching to 3
vehicle 4
`(1) If an improvement notice under section 161B relates to a 5
vehicle, it may be given by securely attaching it to the vehicle 6
in a conspicuous position. 7
`(2) A person must not remove an improvement notice from the 8
vehicle before complying with the notice. 9
Maximum penalty--135 penalty units. 10
`(3) However, the person to whom the notice is given does not 11
contravene subsection (2) if the person removes the notice 12
from the vehicle and immediately reads it and reattaches it to 13
the vehicle. 14
`161E Cancellation of an improvement notice 15
`(1) This section applies to an improvement notice given to a 16
person. 17
`(2) The chief executive may, by written notice to the person, 18
cancel the improvement notice. 19
`Part 6 Dangerous situation notices 20
and relevant oral directions 21
`161F Application 22
`(1) This part applies only if an authorised officer reasonably 23
believes a dangerous situation exists. 24
`(2) A power may be exercised under this part despite anything to 25
the contrary in chapter 3, part 3. 26
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`161G Power to give notice about dangerous situation 1
`(1) This section applies if the authorised officer reasonably 2
believes a person is in a position to take steps to prevent a 3
dangerous situation. 4
`(2) The authorised officer may give the person a written notice (a 5
dangerous situation notice) requiring the person to take the 6
steps reasonably necessary to prevent the dangerous situation. 7
`(3) Without limiting subsection (2), the authorised officer may 8
require the prime contractor or consignor of dangerous goods 9
to provide equipment and other resources necessary-- 10
(a) to control the dangerous situation; or 11
(b) to contain, control, recover or dispose of the goods that 12
have leaked, spilled or escaped; or 13
(c) to recover a vehicle involved in the situation or its 14
equipment. 15
\`(4) If the notice relates to a vehicle, it may be given by securely 16
attaching it to the vehicle in a conspicuous position. 17
`(5) A person must not remove a dangerous situation notice from a 18
vehicle before the steps stated in the notice are taken. 19
Maximum penalty--135 penalty units. 20
`(6) However, the person to whom the notice is given does not 21
contravene subsection (5) if the person removes the notice 22
from the vehicle and immediately reads it and reattaches it to 23
the vehicle. 24
`(7) Without limiting the power under a regulation to confer a 25
power on a relevant emergency service officer, a regulation 26
may authorise a relevant emergency service officer to exercise 27
by written notice the same power as the power mentioned in 28
subsection (3) or a similar power. 29
`161H Dangerous situation notice 30
`(1) A dangerous situation notice has effect-- 31
(a) when it is given to the person; or 32
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(b) if the notice states a later date--on that date. 1
`(2) A dangerous situation notice given to a person must state each 2
of the following-- 3
(a) the notice is given under section 161G; 4
(b) the authorised officer believes a dangerous situation 5
exists; 6
(c) the grounds for the belief; 7
(d) if the authorised officer believes the dangerous situation 8
involves a contravention of an Act--the relevant 9
provision of the Act; 10
(e) the person may-- 11
(i) under section 65, ask for the decision to give the 12
dangerous situation notice to be reviewed and 13
appeal against the reviewed decision; and 14
(ii) under the Transport Planning and Coordination 15
Act 1994, part 5, ask for the decision or the 16
reviewed decision to be stayed; 17
(f) it is an offence to fail to comply with a dangerous 18
situation notice; 19
(g) the maximum penalty for the offence of failing to 20
comply with a dangerous situation notice. 21
`(3) The dangerous situation notice may include a requirement 22
about the steps to be taken to prevent the dangerous situation. 23
`(4) A requirement may-- 24
(a) offer a choice of ways to prevent the dangerous 25
situation; and 26
(b) prohibit the carrying out of an activity by stating-- 27
(i) a place where the activity may not be carried out; 28
or 29
(ii) a thing that may not be used in connection with the 30
activity; or 31
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[s 97]
(iii) a procedure that may not be followed in connection 1
with the activity. 2
`161I Contravention of dangerous situation notice 3
`A person given a dangerous situation notice must comply 4
with the requirements stated in the notice, unless the person 5
has a reasonable excuse for not doing so. 6
Maximum penalty-- 7
(a) if the contravention results in death or grievous bodily 8
harm to a person--270 penalty units; or 9
(b) otherwise--135 penalty units. 10
`161J Oral direction may be given before dangerous 11
situation notice is served 12
`(1) This section applies if an authorised officer reasonably 13
believes-- 14
(a) a person is in a position to take steps to prevent a 15
dangerous situation; and 16
(b) it is not reasonable or immediately possible to give a 17
dangerous situation notice. 18
`(2) The authorised officer may give an oral direction to the person 19
instead of a written notice. 20
`(3) The oral direction must include-- 21
(a) the matters mentioned in section 161H(2)(b), (c) and 22
(d); and 23
(b) a statement that is an offence to fail to comply with an 24
oral direction. 25
`(4) The person must comply with the oral direction. 26
Maximum penalty-- 27
(a) if the contravention results in death or grievous bodily 28
harm to a person--270 penalty units; or 29
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(b) otherwise--135 penalty units. 1
`(5) The oral direction must be confirmed in writing by any 2
authorised officer giving a dangerous situation notice under 3
section 161G as soon as practicable. 4
`(6) The oral direction stops having effect if the dangerous 5
situation notice is not given to the person within 5 days after 6
the oral direction is given. 7
`161K Cancellation of dangerous situation notice 8
`The chief executive may, by written notice to a person who 9
was given a dangerous situation notice, cancel the notice. 10
`161L Additional power to require information or produce 11
document 12
`(1) If an authorised officer reasonably believes a person may be 13
able to give information or produce a document that will help 14
to prevent a dangerous situation, the officer may require the 15
person to give the information or produce the document. 16
Examples of information for subsection (1)-- 17
· properties of dangerous goods being transported 18
· safe ways of handling or containing and controlling the dangerous 19
goods 20
`(2) The person must give the information or produce the 21
document unless the person has a reasonable excuse. 22
Maximum penalty-- 23
(a) if the contravention results in death or grievous bodily 24
harm to a person--270 penalty units; or 25
(b) otherwise--135 penalty units. 26
`(3) The fact that giving the information or providing the 27
document might tend to incriminate the person is not a 28
reasonable excuse for subsection (2). 29
`(4) However, the information or document is not admissible in 30
evidence against the person, other than a corporation, in 31
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[s 97]
criminal proceedings apart from proceedings for an offence 1
against sections 52 or 53. 2
`161M Proceedings for an offence not affected by 3
dangerous situation notice 4
`The fact that a dangerous situation notice has been given or 5
cancelled does not affect any proceedings for an offence 6
against this Act. 7
`Part 7 Other matters 8
`161N Preventing injury and damage--taking direct action 9
`(1) This section applies if the authorised officer reasonably 10
believes-- 11
(a) a person given an improvement notice or dangerous 12
situation notice has not complied with the notice; or 13
(b) having regard to the nature of the dangerous situation, 14
action under an improvement notice or dangerous 15
situation notice is inappropriate to prevent the 16
dangerous situation. 17
`(2) The authorised officer may take, or cause to be taken, the 18
action the officer reasonably believes is necessary to prevent 19
the dangerous situation. 20
`(3) The action an authorised officer may take includes asking 21
someone the officer reasonably believes has appropriate 22
knowledge and experience to help the officer prevent the 23
dangerous situation. 24
`(4) If the person agrees to help, the person is taken to have the 25
powers of an authorised officer to the extent reasonably 26
necessary for the person to help prevent the dangerous 27
situation. 28
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[s 98]
`(5) A power may be exercised under this section despite anything 1
to the contrary in chapter 3, part 3.'. 2
Clause 98 Insertion of new ch 5AB 3
After section 161O, as renumbered-- 4
insert-- 5
`Chapter 5AB Goods too dangerous to be 6
transported 7
`161P Application of Act to goods too dangerous to be 8
transported 9
`(1) Unless otherwise provided, provisions of this Act relating to 10
dangerous goods also apply in relation to goods too dangerous 11
to be transported. 12
`(2) Subject to subsection (6), this Act does not authorise the 13
transport of goods too dangerous to be transported. 14
`(3) For subsection (1)-- 15
(a) a reference in a provision of this Act to dangerous goods 16
includes a reference to goods too dangerous to be 17
transported; and 18
(b) a reference in a provision of this Act to a dangerous 19
goods regulation includes a reference to a regulation that 20
makes provision for goods too dangerous to be 21
transported; and 22
(c) a reference in a provision of this Act to a dangerous 23
goods vehicle includes a reference to a vehicle, or a 24
combination that includes a vehicle, transporting goods 25
too dangerous to be transported; and 26
(d) a reference in a provision of this Act to a suspected 27
dangerous goods vehicle includes a reference to a 28
vehicle, or a combination that includes a vehicle, that an 29
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[s 98]
authorised officer reasonably believes is transporting 1
goods too dangerous to be transported; and 2
(e) a reference in a provision of this Act to a prescribed 3
dangerous goods vehicle includes a reference to a 4
vehicle to which paragraph (c) or (d) applies. 5
`(4) Subsections (1) and (3) do not apply to the following 6
provisions-- 7
(a) section 18 and section 19C; 8
(b) chapter 5A, parts 1 to 3; 9
(c) section 154; 10
(d) section 157A(1)(c). 11
`(5) Also, subsections (1) and (3) do not apply to subordinate 12
legislation made under this Act unless a particular instrument 13
of subordinate legislation expressly provides. 14
`(6) A requirement of this Act imposed because of this chapter 15
does not apply to the transport of goods too dangerous to be 16
transported to the extent the goods are transported by, or under 17
the direction of, an authorised officer or relevant emergency 18
service officer to prevent a dangerous situation. 19
`161Q Consignment of goods too dangerous to be 20
transported prohibited 21
`A person must not consign for transport goods too dangerous 22
to be transported. 23
Maximum penalty-- 24
(a) if the contravention results in death or grievous bodily 25
harm to a person--1320 penalty units or 2 years 26
imprisonment; or 27
(b) otherwise--665 penalty units or 1 year's imprisonment. 28
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[s 98]
`161R Regulations about goods too dangerous to be 1
transported 2
`(1) A regulation may make provision for goods too dangerous to 3
be transported, including, for example, the following-- 4
(a) identifying, classifying and regulating goods that are too 5
dangerous to be transported, including prohibiting the 6
transport of the goods; 7
(b) the making of decisions by the chief executive for the 8
purposes of a regulation in relation to the following-- 9
(i) the identification and classification of goods as 10
goods too dangerous to be transported; 11
(ii) the identification and classification of goods too 12
dangerous to be transported; 13
(c) the analysis and testing of goods too dangerous to be 14
transported. 15
`(2) Without limiting subsection (1), a regulation may make 16
provision about the recognition of laws of other jurisdictions 17
relating to goods too dangerous to be transported, things done 18
under those laws and giving effect to those things, including, 19
for example, providing for-- 20
(a) the recognition of an entity (the competent authorities 21
panel) whose membership includes the chief executive 22
and dangerous goods authorities and that may be 23
required to make decisions, and to provide oversight on 24
decisions made, under this chapter in the interests of 25
national uniformity; and 26
(b) for other matters in relation to the competent authorities 27
panel. 28
`(3) For subsection (2)(b), a regulation may provide that the chief 29
executive must refer to the competent authorities panel-- 30
(a) an application made to the chief executive for a decision 31
under this Act if the chief executive considers the 32
decision should have effect in all participating 33
dangerous goods jurisdictions or some of those 34
jurisdictions including this jurisdiction; or 35
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[s 98]
(b) a decision under this Act that has effect in all 1
participating dangerous goods jurisdictions or some of 2
those jurisdictions including this jurisdiction if-- 3
(i) the chief executive considers the decision should 4
be cancelled or amended; or 5
(ii) a dangerous goods authority recommended to the 6
chief executive that the decision should be 7
cancelled or amended; 8
(c) a recommendation by the chief executive to a dangerous 9
goods authority that a decision given by the authority 10
under a corresponding law, that has effect in all 11
participating dangerous goods jurisdictions or some of 12
those jurisdictions including this jurisdiction, if the chief 13
executive considers a ground exists under the 14
corresponding law for the authority to cancel or amend 15
the decision. 16
`(4) If a regulation provides that a matter must be referred to the 17
competent authorities panel, the regulation may provide that 18
the chief executive must have regard to the panel's decision. 19
`(5) A regulation may make provision in relation to an action taken 20
or decision made by the competent authorities panel or a 21
dangerous goods authority in relation to a matter considered 22
by the competent authorities panel, including that the action or 23
decision has effect in this jurisdiction as if it were an action or 24
decision of the chief executive. 25
`(6) The reference in subsection (1)(b) to the chief executive 26
making decisions about particular matters does not limit the 27
Statutory Instruments Act 1992, section 26, in relation to any 28
other matter mentioned in this section. 29
`(7) In this section-- 30
amend includes vary.'. 31
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[s 99]
Clause 99 Amendment of s 164A (Commercial benefits penalty 1
order) 2
(1) Section 164A(1), after `heavy vehicle'-- 3
insert-- 4
`, a prescribed dangerous goods vehicle or the transport of 5
dangerous goods'. 6
(2) Section 164A(7), definition transport Act-- 7
omit, insert-- 8
`transport Act does not include the Queensland Road Rules.'. 9
Clause 100 Amendment of s 167 (Protection from liability) 10
(1) Section 167(1), definition official-- 11
insert-- 12
`(ea) a relevant emergency service officer; and'. 13
(2) Section 167(1), definition official, paragraph (f), after 14
`officer'-- 15
insert-- 16
`or a relevant emergency service officer'. 17
Clause 101 Amendment of s 168B (Giving evidence about heavy 18
vehicle to external public authority) 19
(1) Section 168B, heading, after `vehicle'-- 20
insert-- 21
`or dangerous goods matter'. 22
(2) Section 168B(3), definition prescribed evidence, after 23
`vehicle'-- 24
insert-- 25
`or a dangerous goods matter'. 26
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Clause 102 Amendment of s 168C (Chief executive may give 1
information to corresponding authority) 2
(1) Section 168C(1)(a) and (b), after `vehicle'-- 3
insert-- 4
`or a dangerous goods matter'. 5
(2) Section 168C(3), definition transport Act-- 6
omit, insert-- 7
`transport Act does not include the Queensland Road Rules.'. 8
Clause 103 Amendment of s 168D (Contracting out in relation to 9
heavy vehicles prohibited) 10
(1) Section 168D, heading, after `vehicles'-- 11
insert-- 12
`etc.'. 13
(2) Section 168D, after `vehicle'-- 14
insert-- 15
`, a prescribed dangerous goods vehicle or the transport of 16
dangerous goods'. 17
Clause 104 Amendment of ch 7, pt 11, hdg (Validating provisions) 18
Chapter 7, part 11, heading, after `provisions'-- 19
insert-- 20
`for Transport Legislation Amendment Act 2007'. 21
Clause 105 Insertion of new ch 7, pt 13 22
Chapter 7-- 23
insert-- 24
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[s 105]
`Part 13 Transitional provisions for the 1
Transport and Other 2
Legislation Amendment Act 3
2008, part 2, division 3 4
`218 Remedial action notices 5
`(1) This section applies if a remedial action notice was validly 6
given to a person under section 50A before the 7
commencement of this section and the person had not 8
complied with the notice before the commencement. 9
`(2) The remedial action notice is taken to be an improvement 10
notice validly given to the person under chapter 5A, part 5. 11
`(3) The remedial action notice that is taken to be an improvement 12
notice is subject to the same conditions that were applicable to 13
the remedial action notice. 14
`219 Persons exempted before commencement 15
`(1) This section applies to a person who, before the 16
commencement, was granted an exemption under section 153 17
of this Act and the exemption was in force at the 18
commencement (the old exemption). 19
`(2) On the commencement, the old exemption continues in force 20
in accordance with its terms and conditions and is taken to be 21
an exemption granted under this Act in relation to compliance 22
with the old regulation. 23
`(3) Without limiting subsection (2), if-- 24
(a) the old exemption was granted on condition that it has 25
effect only while the old regulation continues in effect; 26
and 27
(b) the old regulation is repealed and remade by another 28
regulation (the new regulation); and 29
(c) the new regulation provides that compliance with the 30
old regulation in relation to a matter is satisfactory 31
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[s 106]
compliance with the matter despite the provisions about 1
the matter in the new regulation; 2
then, despite the condition, the exemption continues to have 3
effect for the matter. 4
`(4) If the old exemption continues to be in force on 31 December 5
2009, it expires on that day. 6
`(5) In this section-- 7
commencement means the commencement of this section. 8
old regulation means the Transport Operations (Road Use 9
Management)--Dangerous Goods) Regulation 1998.'. 10
Clause 106 Amendment of sch 3 (Reviewable decisions) 11
Schedule 3-- 12
insert-- 13
`153 refusing to give exemption or giving an Magistrates
exemption on conditions
153E amending, suspending or cancelling an Magistrates
exemption
153G immediately suspending an exemption Magistrates
161B giving an improvement notice Magistrates
161G giving a dangerous situation notice Magistrates'.
Clause 107 Amendment of sch 4 (Dictionary) 14
(1) Schedule 4, definitions consignor, dangerous goods, 15
dangerous situation notice, heavy vehicle evidence 16
preservation powers, holder, journey documentation, loader, 17
packaging, packer, prevent, proposed action, remedial action 18
notice, transport and transport documentation-- 19
omit. 20
(2) Schedule 4-- 21
insert-- 22
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[s 107]
`administrative determination means a decision prescribed 1
under a dangerous goods regulation as an administrative 2
determination. 3
class exemption, for chapter 5A, means an exemption that 4
states it is an exemption in relation to a class of persons. 5
consign and consignor-- 6
1 A person consigns, and is the consignor in relation to, 7
goods transported or to be transported by a heavy 8
vehicle or goods that are dangerous goods, if the person 9
is any of the following-- 10
(a) the person who has consented to being, and is, 11
named or otherwise identified as the consignor of 12
the goods in the transport documentation for the 13
consignment; 14
(b) if there is no person as described in paragraph 15
(a)-- 16
(i) for goods transported or to be transported by 17
a heavy vehicle--the person who engages an 18
operator of the heavy vehicle, either directly 19
or through another person, to transport the 20
goods by road; or 21
(ii) for goods that are dangerous goods or goods 22
too dangerous to be transported--the person 23
who engages a prime contractor, either 24
directly or through another person, to 25
transport the goods; or 26
(iii) if there is no person as described in 27
subparagraph (i) or (ii)--the person who has 28
possession of, or control over, the goods 29
immediately before the goods are 30
transported by road; or 31
(iv) if there is no person as described in 32
subparagraph (i), (ii) or (iii)--the person 33
who loads a vehicle with the goods, for road 34
transport, at a place-- 35
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[s 107]
(A) where goods in bulk are stored, 1
temporarily held or otherwise held 2
waiting collection; and 3
(B) that is unattended, other than by the 4
driver or trainee driver of the vehicle or 5
someone else necessary for the normal 6
operation of the vehicle, during 7
loading; 8
(c) if there is no person as described in paragraph (a) 9
or (b) and the goods are imported into Australia 10
through a place in Queensland--the importer of 11
the goods. 12
2 Also, without limiting paragraph 1, a reference to a 13
person who consigns goods transported or to be 14
transported by a heavy vehicle or goods that are 15
dangerous goods includes a person who arranges for the 16
transport of goods on a vehicle owned or controlled by 17
the person. 18
dangerous goods means-- 19
(a) goods prescribed under a regulation to be dangerous 20
goods; or 21
(b) for implied references in relation to goods too 22
dangerous to be transported--see chapter 5AB. 23
dangerous goods authority means an entity in a participating 24
dangerous goods jurisdiction that has functions under a 25
corresponding law to chapter 5A that correspond to the chief 26
executive's functions under that chapter. 27
dangerous goods matter means a matter relating to any of the 28
following-- 29
(a) dangerous goods or the transport of dangerous goods; 30
(b) a prescribed dangerous goods vehicle, including a 31
licence for the vehicle; 32
(c) a person's involvement in the transport of dangerous 33
goods, including a person's licence for that involvement; 34
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[s 107]
(d) any application for or relating to a licence mentioned in 1
paragraph (b) or (c); 2
(e) any offence relating to a matter mentioned in paragraph 3
(a), (b) or (c). 4
dangerous goods regulation means a regulation-- 5
(a) that-- 6
(i) is made under chapter 5A applying to dangerous 7
goods, and the transport of dangerous goods 8
including dangerous goods vehicles; and 9
(ii) states it is a dangerous goods regulation; or 10
(b) for implied references in relation to goods too 11
dangerous to be transported--see chapter 5AB. 12
dangerous goods vehicle means-- 13
(a) a vehicle transporting dangerous goods if a dangerous 14
goods regulation applies to the transporting of the 15
dangerous goods, whether or not the vehicle is also a 16
heavy vehicle; or 17
(b) a combination that includes a vehicle mentioned in 18
paragraph (a); or 19
(c) for implied references in relation to goods too 20
dangerous to be transported--see chapter 5AB. 21
dangerous situation notice see section 161G(2). 22
evidence preservation powers means powers that may be 23
exercised under section 26A, 26B, 30A or 40A. 24
exemption, for chapter 5A, means an exemption given under 25
section 153. 26
goods too dangerous to be transported means goods 27
prescribed under a dangerous goods regulation as goods too 28
dangerous to be transported. 29
holder-- 30
(a) for chapter 3, part 1A, means the holder of an approval; 31
or 32
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Transport and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acts for purposes relating to dangerous goods
[s 107]
(b) for chapter 5A, part 3, means the following-- 1
(i) for an exemption other than a class 2
exemption--the holder of the exemption; 3
(ii) for a class exemption--the person stated in the 4
exemption as the class representative for the 5
exemption. 6
improvement notice see section 161B(2). 7
involvement in the transport of dangerous goods includes 8
any of the following-- 9
(a) importing, or arranging for the importation of, 10
dangerous goods into Australia; 11
(b) packing dangerous goods for transport; 12
(c) marking or labelling packages containing dangerous 13
goods for transport, and placarding vehicles and 14
packaging in which dangerous goods are or are to be 15
transported; 16
(d) consigning dangerous goods for transport, including the 17
preparation of transport documentation; 18
(e) loading dangerous goods for transport or unloading 19
dangerous goods that have been transported; 20
(f) undertaking, or being responsible for, otherwise than as 21
an employee or subcontractor, the transport of 22
dangerous goods; 23
(g) driving a vehicle on a road carrying dangerous goods; 24
(h) being the consignee of dangerous goods transported; 25
(i) being involved as a director, secretary or manager of a 26
corporation, or other person who takes part in the 27
management of a corporation, that takes part in 28
something mentioned in paragraphs (a) to (h). 29
journey documentation-- 30
(a) means a document, other than transport documentation, 31
in any form-- 32
Page 139
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[s 107]
(i) directly or indirectly associated with-- 1
(A) a transaction for the actual or proposed 2
transport of goods, other than dangerous 3
goods, by use of a heavy vehicle, or for a 4
previous transport of the goods in any way; 5
or 6
(B) a transaction for the actual or proposed 7
transport of dangerous goods by use of a 8
vehicle, or for a previous transport of the 9
goods in any way; or 10
(C) goods, including dangerous goods, to the 11
extent the document is relevant to a 12
transaction for their actual or proposed 13
transport; and 14
(ii) whether relating to a particular journey or to 15
journeys generally; and 16
(b) includes, for example, any or all of the following-- 17
(i) a document kept, used or obtained by a responsible 18
person for a heavy vehicle in connection with the 19
transport of goods including dangerous goods; 20
(ii) a document kept, used or obtained by a person 21
involved in the transport of dangerous goods or for 22
a prescribed dangerous goods vehicle in 23
connection with the transport of the dangerous 24
goods; 25
(iii) a workshop, maintenance or repair record relating 26
to a heavy vehicle or prescribed dangerous goods 27
vehicle used, or claimed to be used, for 28
transporting the goods or the dangerous goods; 29
(iv) a subcontractor's payment advice relating to the 30
goods or the dangerous goods, or their transport; 31
(v) records kept, used or obtained by the driver of the 32
heavy vehicle or prescribed dangerous goods 33
vehicle used, or claimed to be used, for 34
transporting the goods or the dangerous goods; 35
Page 140
Transport and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acts for purposes relating to dangerous goods
[s 107]
Examples-- 1
· a driver's run sheet 2
· a logbook entry 3
· a fuel docket or receipt 4
· a food receipt 5
· a tollway receipt 6
· a pay record 7
· a mobile or other phone record 8
(vi) information reported through the use of an 9
intelligent transport system; 10
(vii) a driver manual or instruction sheet; 11
(viii) an advice resulting from check weighing of a 12
heavy vehicle's mass or load performed before, 13
during or after a journey. 14
load and loader-- 15
A person loads goods in a heavy vehicle or goods that are 16
dangerous goods, and is the loader of the goods, if a person is 17
either or both of the following-- 18
(a) for goods in a heavy vehicle, a person who-- 19
(i) loads the vehicle with the goods for road transport; 20
or 21
(ii) loads a bulk container, freight container, or tank 22
that is part of the vehicle, with the goods for road 23
transport; or 24
(iii) loads the vehicle with a freight container, whether 25
or not it contains goods, for road transport; 26
(b) for dangerous goods in any vehicle, a person who-- 27
(i) loads 1 or more packages of the goods in or on the 28
vehicle; or 29
(ii) places or secures 1 or more packages of the goods 30
on the vehicle; or 31
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[s 107]
(iii) supervises an activity mentioned in subparagraph 1
(i) or (ii); or 2
(iv) manages or controls an activity mentioned in 3
subparagraphs (i), (ii) or (iii); 4
but does not include loading goods into packaging 5
already on the vehicle or placing or securing packages in 6
or on further packaging already on the vehicle. 7
Note-- 8
A person may be a `loader' under both paragraph (a) and (b) or may be a 9
loader under only 1 of the paragraphs depending on the type of vehicle 10
in question and the type of good in question. 11
pack and packer-- 12
A person packs dangerous or other goods, and is the packer of 13
the goods, if the person-- 14
(a) puts goods in packaging, even if that packaging is 15
already on a vehicle; or 16
Example for paragraph (a)-- 17
A person who uses a hose to fill the tank of a tank vehicle with 18
petrol packs the petrol for transport. 19
(b) encloses or otherwise contains more than one package, 20
even if that packaging is already on a vehicle; or 21
(c) supervises an activity mentioned in paragraph (a) or (b); 22
or 23
(d) manages or controls an activity mentioned in paragraph 24
(a), (b) or (c). 25
package, in relation to goods including dangerous goods, 26
means the complete product of the packing of the goods for 27
transport, and consists of the goods and their packaging. 28
packaging, in relation to goods-- 29
(a) means anything that contains, holds, protects or encloses 30
the goods, whether directly or indirectly, to enable them 31
to be received or held for transport, or to be transported; 32
and 33
Page 142
Transport and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acts for purposes relating to dangerous goods
[s 107]
(b) includes anything prescribed under a dangerous goods 1
regulation to be packaging. 2
Notes-- 3
1 It may be that a container constitutes the whole of the packaging of 4
goods, as in the case of a drum in which goods, including for 5
example dangerous goods, are directly placed. 6
2 The term is not used in the same way as it is used in United Nations 7
publications relating to the transport of dangerous goods. 8
participating dangerous goods jurisdiction means a State that 9
has a corresponding law to chapter 5A unless a dangerous 10
goods regulation provides that the State is not a participating 11
dangerous goods jurisdiction. 12
placard means a label or emergency information panel that is 13
required under a dangerous goods regulation to be used in 14
transporting dangerous goods. 15
prescribed dangerous goods vehicle means-- 16
(a) a dangerous goods vehicle; or 17
(b) a suspected dangerous goods vehicle; or 18
(c) for implied references in relation to goods too 19
dangerous to be transported--see chapter 5AB. 20
prevent, in relation to a situation involving the transport of 21
dangerous goods, includes avert, eliminate, minimise, remove 22
and stop. 23
prime contractor, in relation to the transport of dangerous 24
goods, means the person who, in conducting a business for or 25
involving the transport of dangerous goods, has undertaken to 26
be responsible for, or is responsible for, the transport of the 27
goods. 28
proposed action, for chapter 5, part 7A, division 4, see 122J. 29
relevant emergency service officer means an officer of any of 30
the following-- 31
(a) the Queensland Ambulance Service; 32
(b) the Queensland Fire and Rescue Service; 33
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Transport and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acts for purposes relating to dangerous goods
[s 107]
(c) the Queensland Police Service; 1
(d) the State Emergency Service; 2
(e) a service of another State, corresponding to a service 3
mentioned in paragraph (a) to (d), if the State is a 4
participating dangerous goods jurisdiction; or 5
(f) a unit of the Australian Defence Force corresponding to 6
a service mentioned in paragraph (a) to (d). 7
suspected dangerous goods vehicle means-- 8
(a) any of the following vehicles or a combination that 9
includes any of the following vehicles-- 10
(i) a vehicle with a placard on it; 11
(ii) a vehicle carrying a container that has a placard on 12
it; 13
(iii) a vehicle that an authorised officer reasonably 14
believes is a dangerous goods vehicle; 15
(iv) a vehicle that an authorised officer reasonably 16
believes is licensed under a dangerous goods 17
regulation; or 18
(b) for implied references in relation to goods too 19
dangerous to be transported--see chapter 5AB. 20
transport, in relation to dangerous goods, includes each of the 21
following-- 22
(a) the packing, loading and unloading of the goods, and the 23
transfer of the goods to or from a vehicle, for their 24
transport by road; 25
(b) the marking or labelling of packages containing 26
dangerous goods for their transport by road; 27
(c) the placarding of vehicles and packaging in which 28
dangerous goods are transported, or are to be 29
transported, by road; 30
Page 144
Transport and Other Legislation Amendment Bill 2008
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[s 107]
(d) other matters incidental to their transport, or in 1
preparation for their transport, by road; 2
(e) the actual transporting of goods by road. 3
transport documentation means each of the following-- 4
(a) for a heavy vehicle-- 5
(i) each contractual document directly or indirectly 6
associated with-- 7
(A) a transaction for the actual or proposed road 8
transport of goods or any previous transport 9
of the goods by any transport method; or 10
(B) goods, to the extent the document is relevant 11
to the transaction for their actual or proposed 12
road transport; or 13
(ii) each document-- 14
(A) contemplated in a contractual document 15
mentioned in subparagraph (i); or 16
(B) required by law, or customarily given, in 17
connection with a contractual document or 18
transaction mentioned in subparagraph (i); 19
Examples-- 20
· a bill of lading 21
· a consignment note 22
· a container weight declaration 23
· a contract of carriage 24
· a delivery order 25
· an export receival advice 26
· an invoice 27
· a load manifest 28
· a sea carriage document 29
· a vendor declaration 30
Page 145
Transport and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acts for purposes relating to dangerous goods
[s 107]
(b) for the transport of dangerous goods or for a dangerous 1
goods vehicle--documentation required to be kept 2
under a dangerous goods regulation.'. 3
(3) Schedule 4, definition base, after `of a heavy vehicle'-- 4
insert-- 5
`or a prescribed dangerous goods vehicle'. 6
(4) Schedule 4, definition consignee, after `a heavy vehicle'-- 7
insert-- 8
`or goods that are dangerous goods'. 9
(5) Schedule 4, definition consignee, paragraph (a)(ii), `by the 10
heavy vehicle'-- 11
omit. 12
(6) Schedule 4, definition dangerous situation, `by road'-- 13
omit. 14
(7) Schedule 4, definition fit, `or run'-- 15
omit, insert-- 16
`or prescribed dangerous goods vehicle, or to run'. 17
(8) Schedule 4, definition fit-- 18
insert-- 19
`(d) not found at any relevant time to be under the influence 20
of a drug or have a relevant drug present in the person's 21
blood or saliva.'. 22
(9) Schedule 4, definition garage address, after `of a heavy 23
vehicle'-- 24
insert-- 25
`or a prescribed dangerous goods vehicle'. 26
(10) Schedule 4, definition garage address, paragraphs (a) and (b), 27
`heavy'-- 28
omit. 29
Page 146
Transport and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acts for purposes relating to dangerous goods
[s 107]
(11) Schedule 4, definition operator, after `heavy vehicle'-- 1
insert-- 2
`or prescribed dangerous goods vehicle'. 3
(12) Schedule 4, definition person in control, paragraph (d)-- 4
omit, insert-- 5
`(d) for a heavy vehicle or prescribed dangerous goods 6
vehicle--a person in or near the vehicle who is a two-up 7
driver for it.'. 8
(13) Schedule 4, definition prescribed heavy vehicle, paragraph 9
(a)(iv)-- 10
omit, insert-- 11
`(iv) a dangerous goods vehicle;'. 12
(14) Schedule 4, definition prescribed heavy vehicle, paragraph 13
(b), after `paragraph (a)'-- 14
insert-- 15
`(i), (ii), (iii) or (vi)'. 16
(15) Schedule 4, definition qualified, `or run'-- 17
omit, insert-- 18
`or prescribed dangerous goods vehicle, or to run'. 19
(16) Schedule 4, definition relevant drug, after `part 3'-- 20
insert-- 21
`or this schedule'. 22
(18) Schedule 4, definition two-up driver, after `heavy vehicle'-- 23
insert-- 24
`or prescribed dangerous goods vehicle'. 25
(19) Schedule 4, definition unattended, after `heavy vehicle'-- 26
insert-- 27
`or prescribed dangerous goods vehicle'. 28
Page 147
Transport and Other Legislation Amendment Bill 2008
Part 3 Amendment of Acts for purposes relating to general rail matters
[s 108]
Part 3 Amendment of Acts for 1
purposes relating to general 2
rail matters 3
Division 1 Amendment of Anti-Discrimination 4
Act 1991 5
Clause 108 Act amended in div 1 6
This division amends the Anti-Discrimination Act 1991. 7
Clause 109 Amendment of s 106A (Compulsory retirement age under 8
legislation etc.) 9
Section 106A(1)(i) and (j)-- 10
omit, insert-- 11
`(i) the chief executive officer of QR Limited ACN 12
124649967; or 13
(j) an employee of QR Limited ACN 124649967; or'. 14
Division 2 Amendment of Assisted Students 15
(Enforcement of Obligations) Act 16
1951 17
Clause 110 Act amended in div 2 18
This division amends the Assisted Students (Enforcement of 19
Obligations) Act 1951. 20
Clause 111 Amendment of s 2 (Meaning of terms) 21
Section 2, definition chief executive-- 22
omit. 23
Page 148
Transport and Other Legislation Amendment Bill 2008
Part 3 Amendment of Acts for purposes relating to general rail matters
[s 112]
Division 3 Amendment of Criminal Code 1
Clause 112 Act amended in div 3 2
This division amends the Criminal Code. 3
Clause 113 Amendment of s 1 (Definitions) 4
Section 1, definition person employed in the public service, 5
from `of Queensland Railways'-- 6
omit, insert-- 7
`officer of QR Limited ACN 124649967 and persons 8
employed by QR Limited.'. 9
Division 4 Amendment of Electrical Safety Act 10
2002 11
Clause 114 Act amended in div 4 12
This division amends the Electrical Safety Act 2002. 13
Clause 115 Amendment of sch 2 (Dictionary) 14
Schedule 2, definition electricity entity, paragraph (c)-- 15
omit, insert-- 16
`(c) QR Network Pty Ltd ACN 132181116.'. 17
Division 5 Amendment of Electricity Act 1994 18
Clause 116 Act amended in div 5 19
This division amends the Electricity Act 1994. 20
Page 149
Transport and Other Legislation Amendment Bill 2008
Part 3 Amendment of Acts for purposes relating to general rail matters
[s 117]
Clause 117 Amendment of s 20Q (Exemptions for Queensland Rail) 1
(1) Section 20Q, heading, `Queensland Rail'-- 2
omit, insert-- 3
`QR Limited and QR Network Pty Ltd'. 4
(2) Section 20Q(1) and (2), `Queensland Rail is'-- 5
omit, insert-- 6
`QR Limited and QR Network Pty Ltd are'. 7
(3) Section 20Q(3), definition Brisbane Airport Rail Link, 8
`Queensland Rail's'-- 9
omit, insert-- 10
`QR Network Pty Ltd's'. 11
(4) Section 20Q(3), definition third party access holder, 12
`Queensland Rail,' to `Rail's'-- 13
omit, insert-- 14
`QR Limited or QR Network Pty Ltd, is entitled to access and 15
use a nominated part of its'. 16
(5) Section 20Q(3)-- 17
insert-- 18
`QR Limited means QR Limited ACN 124649967. 19
QR Network Pty Ltd means QR Network Pty Ltd ACN 20
132181116.'. 21
Division 6 Amendment of Freedom of 22
Information Act 1992 23
Clause 118 Act amended in div 6 24
This division amends the Freedom of Information Act 1992. 25
Page 150
Transport and Other Legislation Amendment Bill 2008
Part 3 Amendment of Acts for purposes relating to general rail matters
[s 119]
Clause 119 Amendment of sch 2 (Application of Act to GOCs) 1
Schedule 2, item 1, column 1, `Queensland Rail'-- 2
omit, insert-- 3
`QR Limited ACN 124649967'. 4
Division 7 Amendment of Integrated Planning 5
Act 1997 6
Clause 120 Act amended in div 7 7
This division amends the Integrated Planning Act 1997. 8
Clause 121 Amendment of sch 9 (Development that is exempt from 9
assessment against a planning scheme) 10
(1) Schedule 9, table 4, item 4, heading, `Queensland Rail'-- 11
omit, insert-- 12
`railway manager'. 13
(2) Schedule 9, table 4, item 4, from `Queensland Rail'-- 14
omit, insert-- 15
`a railway manager, within the meaning of the Transport 16
Infrastructure Act 1994, under section 260 of that Act.'. 17
Division 8 Amendment of Judicial Review Act 18
1991 19
Clause 122 Act amended in div 8 20
This division amends the Judicial Review Act 1991. 21
Page 151
Transport and Other Legislation Amendment Bill 2008
Part 3 Amendment of Acts for purposes relating to general rail matters
[s 123]
Clause 123 Amendment of sch 6 (Application of Act to GOCs) 1
Schedule 6, item 1, column 1, from `Queensland' to `that'-- 2
omit, insert-- 3
`QR Limited ACN 124649967, or a port authority (within the 4
meaning of the Transport Infrastructure Act 1994) that'. 5
Division 9 Amendment of Metropolitan Water 6
Supply and Sewerage Act 1909 7
Clause 124 Act amended in div 9 8
This division amends the Metropolitan Water Supply and 9
Sewerage Act 1909. 10
Clause 125 Amendment of s 31 (Interference with railway works) 11
(1) Section 31(1), `property vested in the Queensland Rail'-- 12
omit, insert-- 13
`rail corridor land'. 14
(2) Section 31(1) `to the Queensland Rail'-- 15
omit, insert-- 16
`to the railway manager for the land'. 17
(3) Section 31(2) and (3), `the Queensland Rail'-- 18
omit, insert-- 19
`the railway manager'. 20
(4) Section 31(2), from `objections' to `, Queensland Rail'-- 21
omit, insert-- 22
`objections the manager has to the proposed works, the 23
manager'. 24
Page 152
Transport and Other Legislation Amendment Bill 2008
Part 3 Amendment of Acts for purposes relating to general rail matters
[s 126]
(5) Section 31-- 1
insert-- 2
`(5) In this section-- 3
rail corridor land has the meaning given by the Transport 4
Infrastructure Act 1994. 5
railway manager, for rail corridor land, has the meaning 6
given by the Transport Infrastructure Act 1994.'. 7
Division 10 Amendment of Mineral Resources 8
Act 1989 9
Clause 126 Act amended in div 10 10
This division amends the Mineral Resources Act 1989. 11
Clause 127 Amendment of s 404A (Distance of excavation from 12
railway works) 13
(1) Section 404A(3)(a), from `Queensland'-- 14
omit, insert-- 15
`the railway manager for the railway; and'. 16
(2) Section 404A(4)-- 17
insert-- 18
`railway manager, for the railway, has the meaning given by 19
the Transport Infrastructure Act 1994.'. 20
Clause 128 Amendment of schedule (Dictionary) 21
Schedule, definition reserve, paragraph (a)(vii)(B)-- 22
insert-- 23
`Note-- 24
Queensland Rail was a statutory GOC and is now a GOC 25
called QR Limited ACN 124649967.'. 26
Page 153
Transport and Other Legislation Amendment Bill 2008
Part 3 Amendment of Acts for purposes relating to general rail matters
[s 129]
Division 11 Amendment of South Bank 1
Corporation Act 1989 2
Clause 129 Act amended in div 11 3
This division amends the South Bank Corporation Act 1989. 4
Clause 130 Amendment of s 17 (Vesting of public lands other than 5
roads) 6
Section 17(4), definition land, `Queensland Rail'-- 7
omit, insert-- 8
`QR Limited ACN 124649967'. 9
Clause 131 Replacement of s 38 (Continuance of railway operations) 10
Section 38-- 11
omit, insert-- 12
`38 Continuance of railway operations 13
`(1) The approved development plan must provide for the 14
following-- 15
(a) the as of right use of land owned by QR Limited within 16
the corporation area, by a railway manager or railway 17
operator for conducting railway operations for the 18
carriage of passengers or goods on the land; 19
(b) reasonable access to land used for conducting railway 20
operations by-- 21
(i) the railway manager or railway operator 22
conducting the operations; or 23
(ii) employees of the railway manager or railway 24
operator conducting the operations; or 25
(iii) members of the public wishing to use the railway 26
to which the operations relate. 27
Page 154
Transport and Other Legislation Amendment Bill 2008
Part 3 Amendment of Acts for purposes relating to general rail matters
[s 132]
`(2) In this section-- 1
QR Limited means QR Limited ACN 124649967. 2
railway manager, for railway operations conducted on land 3
owned by QR Limited, means a railway manager (within the 4
meaning of the Transport Infrastructure Act 1994) for a 5
railway on the land, who has an agreement with QR Limited 6
to access the land for conducting railway operations relating 7
to the railway. 8
railway operator, for railway operations conducted on land 9
owned by QR Limited, means a railway operator (within the 10
meaning of the Transport Infrastructure Act 1994) for a 11
railway on the land, who has an agreement with the railway 12
manager for the railway operations to use the railway for 13
railway operations.'. 14
Division 12 Amendment of Transport 15
Infrastructure Act 1994 16
Clause 132 Act amended in div 12 17
This division amends the Transport Infrastructure Act 1994. 18
Clause 133 Amendment of s 20 (Transport GOCs) 19
Section 20, `Queensland Rail'-- 20
omit, insert-- 21
`QR Limited'. 22
Clause 134 Amendment of s 240 (Sublease of land to railway 23
managers) 24
(1) Section 240(2), from `Governor'-- 25
omit, insert-- 26
`Minister administering the Land Act 1994 must lease it to the 27
State under section 17(2) of that Act.'. 28
Page 155
Transport and Other Legislation Amendment Bill 2008
Part 3 Amendment of Acts for purposes relating to general rail matters
[s 135]
(2) Section 240-- 1
insert-- 2
`(6A) Subsections (2) to (6) are subject to section 240AA.'. 3
Clause 135 Insertion of new s 240AA 4
After section 240-- 5
insert-- 6
`240AA Interests in commercial corridor land continue after 7
acquisition 8
`(1) This section applies if-- 9
(a) the acquired land mentioned in section 240(1)(a) is 10
commercial corridor land; and 11
(b) the land-- 12
(i) becomes unallocated State land; and 13
(ii) is subleased to a railway manager under section 14
240(4). 15
`(2) All interests in the acquired land, other than the interest of the 16
owner, at the time the acquired land becomes unallocated 17
State land continue in the sublease on the same terms as an 18
interest in the acquired land, with the railway manager as 19
sublessee substituted for the owner of the acquired land as a 20
party to the interest. 21
`(3) Subsection (2) applies despite the Land Act 1994, section 22
331(2). 23
`(4) The registrar of titles must record each registered interest 24
continued under subsection (2) on the sublease in the 25
leasehold land register. 26
`(5) In this section-- 27
owner, of acquired land, means the owner of the acquired land 28
before it becomes unallocated State land. 29
registered interest means an interest registered under the 30
Land Title Act 1994.'. 31
Page 156
Transport and Other Legislation Amendment Bill 2008
Part 3 Amendment of Acts for purposes relating to general rail matters
[s 136]
Clause 136 Amendment of s 240A (Registered interests in rail 1
corridor land) 2
(1) Section 240A(1)(a)-- 3
omit, insert-- 4
`(a) a railway manager's sublease for a section of rail 5
corridor land-- 6
(i) expires; or 7
(ii) is surrendered or terminated; and'. 8
(2) Section 240A(2) and note, `surrender'-- 9
omit, insert-- 10
`expiry, surrender or termination'. 11
Clause 137 Amendment of s 240B (Unregistered rights in rail corridor 12
land) 13
(1) Section 240B(1)(a)-- 14
omit, insert-- 15
`(a) a railway manager's sublease for a section of rail 16
corridor land-- 17
(i) is to expire or be surrendered; or 18
(ii) is terminated; and'. 19
(2) Section 240B(2)-- 20
omit, insert-- 21
`(2) If the sublease is to expire or be surrendered, the railway 22
manager must give the chief executive details of all 23
unregistered rights in the sublease at least 3 months before the 24
expiry or surrender of the sublease. 25
`(2A) Subsection (2) does not apply to a sublease that is to expire if 26
the railway manager and the chief executive, acting on behalf 27
of the State, agree to renew the sublease before or 28
immediately after the expiry. 29
Page 157
Transport and Other Legislation Amendment Bill 2008
Part 3 Amendment of Acts for purposes relating to general rail matters
[s 138]
`(2B) If the sublease is terminated, the railway manager must give 1
the chief executive details of all unregistered rights in the 2
sublease within 3 months after the termination of the 3
sublease.'. 4
(3) Section 240B(3), `surrender'-- 5
omit, insert-- 6
`expiry, surrender or termination'. 7
(4) Section 240B(5)(b), `that has been surrendered'-- 8
omit, insert-- 9
`the subject of the sublease that has expired or been 10
surrendered or terminated'. 11
Clause 138 Amendment of s 240F (Cancellation of right of access) 12
Section 240F(3)(b)(i), `section 240A(8)(a)'-- 13
omit, insert-- 14
`section 240E(8)(a)'. 15
Clause 139 Amendment of s 241 (Railway tunnel easements) 16
(1) Section 241 (2) to (6)-- 17
omit, insert-- 18
`(2) The State may grant a licence in relation to the easement to a 19
railway manager. 20
`(3) If the State grants a licence as mentioned in subsection (2), the 21
railway manager may grant a sublicence to a railway 22
operator.'. 23
(2) Section 241(7) and (8)-- 24
renumber as section 241(4) and (5). 25
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Transport and Other Legislation Amendment Bill 2008
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[s 140]
Clause 140 Replacement of s 248 (Queensland Rail not a common 1
carrier) 2
Section 248-- 3
omit, insert-- 4
`248 QR Limited and wholly owned subsidiaries not 5
common carriers 6
`(1) QR Limited is not a common carrier. 7
`(2) A wholly owned subsidiary of QR Limited is not a common 8
carrier.'. 9
Clause 141 Amendment of s 260 (Works for existing railways) 10
(1) Section 260, `Queensland Rail'-- 11
omit, insert-- 12
`QR Limited'. 13
(2) Section 260(6), `Queensland Rail's'-- 14
omit, insert-- 15
`QR Limited's'. 16
Clause 142 Replacement of s 260A (Transfer of obligations for 17
existing railway to new railway manager) 18
Section 260A-- 19
omit, insert-- 20
`260A Transfer of obligations for existing railway to new 21
railway manager 22
`(1) This section applies if-- 23
(a) QR Limited has obligations under section 260 in 24
relation to a railway that it subleases; and 25
(b) either of the following happens (the relevant event)-- 26
(i) the railway is subleased to another railway 27
manager following QR Limited surrendering its 28
sublease of the railway; 29
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[s 143]
(ii) QR Limited transfers the sublease to another 1
railway manager; and 2
(c) the other railway manager operates the railway as a 3
railway. 4
`(2) After the relevant event, section 260 applies to the other 5
railway manager as if a reference in section 260 to QR 6
Limited were a reference to the other railway manager.'. 7
Clause 143 Amendment of ch 13, hdg (Function of Queensland Rail) 8
Chapter 13, heading, `Queensland Rail'-- 9
omit, insert-- 10
`QR Limited'. 11
Clause 144 Amendment of s 438 (Function) 12
(1) Section 438(1), `Queensland Rail'-- 13
omit, insert-- 14
`QR Limited'. 15
(2) Section 438(3)-- 16
omit, insert-- 17
`(3) QR Limited is taken to have had the function from when 18
Queensland Rail became a GOC.'. 19
(3) Section 438(4), `Queensland Rail'-- 20
omit, insert-- 21
`QR Limited'. 22
Clause 145 Amendment of ch 18, hdg (Further transitional 23
provisions) 24
Chapter 18, heading, after `provisions'-- 25
insert-- 26
`and declaration'. 27
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[s 146]
Clause 146 Insertion of new ch 18, pt 10 1
Chapter 18-- 2
insert-- 3
`Part 10 Transitional provision and 4
declaration for Transport and 5
Other Legislation Amendment 6
Act 2008, part 3, division 12 7
`547 Declaration about particular subleases 8
`(1) This section applies to-- 9
(a) amendment to sublease 701720343 executed on 29 10
August 2008 by the State of Queensland and QR 11
Limited and lodged with the registrar of titles under 12
dealing number 711947329; and 13
(b) transfers of the following subleases from QR Limited to 14
QR Network Pty Ltd executed on 29 August 2008-- 15
· 701720343 16
· 709548151 17
· 709650878. 18
`(2) For the Land Act 1994, section 302, the amendment and 19
transfers are taken to have been registered on 1 September 20
2008. 21
`548 Declaration about sch 4 easements 22
`(1) This section applies to the transfers of schedule 4 easements 23
from QR Limited to the State of Queensland executed on 29 24
August 2008. 25
`(2) For the Land Title Act 1994, section 62, the transfers are taken 26
to have been registered on 1 September 2008. 27
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[s 146]
`(3) In this section-- 1
schedule 4 easement means an easement mentioned in 2
schedule 4. 3
`549 Exercise of power under s 241 4
`(1) This section applies to an easement to which section 241 5
applies. 6
`(2) An exercise of power under previous section 241 continues to 7
have effect under this Act, including an exercise of power by 8
QR Limited. 9
Note-- 10
Previous section 241 mentioned Queensland Rail but on 1 July 2007 11
Queensland Rail became QR Limited.'. 12
`(3) Without limiting subsection (2), in relation to the grant of a 13
licence to a railway manager or the grant of a sublicence to a 14
railway operator under previous section 241, the grant is taken 15
to have been made under section 241 and may be dealt with 16
under that section. 17
`(4) In this section-- 18
previous section 241 means section 241 as in force 19
immediately before the commencement of this section. 20
`550 Application of s 260A in relation to transfer of 21
sublease 701720343 22
`(1) Section 260A as in force after the commencement applies in 23
relation to the transfer of sublease 701720343 from QR 24
Limited to QR Network Pty Ltd on the transfer day, as if 25
section 260A as in force immediately after the 26
commencement were in force at the start of the transfer day. 27
`(2) In this section-- 28
commencement means commencement of this section. 29
transfer day means 1 September 2008.'. 30
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[s 147]
Clause 147 Amendment of sch 6 (Dictionary) 1
(1) Schedule 6-- 2
insert-- 3
`QR Limited means QR Limited ACN 124649967. 4
QR Network Pty Ltd means QR Network Pty Ltd ACN 5
132181116. 6
registrar of titles means a public official or authority 7
responsible for registering title to land and dealings affecting 8
land.'. 9
(2) Schedule 6, definition non-rail corridor land, paragraph (b), 10
`has been surrendered.'-- 11
omit, insert-- 12
`has-- 13
(i) expired; or 14
(ii) been surrendered or terminated.'. 15
Division 13 Amendment of Transport 16
Operations (Passenger Transport) 17
Act 1994 18
Clause 148 Act amended in div 13 19
This division amends the Transport Operations (Passenger 20
Transport) Act 1994. 21
Clause 149 Amendment of s 111 (Appointment of authorised persons 22
etc.) 23
Section 111(6), `Queensland Rail'-- 24
omit, insert-- 25
`QR Passenger Pty Ltd ACN 132181090'. 26
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[s 150]
Division 14 Amendment of Transport (South 1
Bank Corporation Area Land) Act 2
1999 3
Clause 150 Act amended in div 14 4
This division amends the Transport (South Bank Corporation 5
Area Land) Act 1999. 6
Clause 151 Amendment of s 13 (Exemption from fees and charges) 7
Section 13, `Queensland Rail'-- 8
omit, insert-- 9
`QR Limited ACN 124649967'. 10
Division 15 Amendment of Valuation of Land 11
Act 1944 12
Clause 152 Act amended in div 15 13
This division amends the Valuation of Land Act 1944. 14
Clause 153 Amendment of s 14 (Deciding unimproved value of 15
certain land) 16
Section 14(5)(c), `Queensland Rail,'-- 17
omit. 18
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Part 4 Amendment of Acts for purposes relating to heavy vehicle reform
[s 154]
Part 4 Amendment of Acts for 1
purposes relating to heavy 2
vehicle reform 3
Division 1 Amendment of Transport 4
Legislation Amendment Act 2007 5
Clause 154 Act amended in div 1 6
This division amends the Transport Legislation Amendment 7
Act 2007. 8
Clause 155 Amendment of s 70 (Amendment of s 163 (Forfeiture on 9
conviction)) 10
Section 70, inserted section 163(8), definition extreme 11
overloading offence-- 12
omit, insert-- 13
`extreme overloading offence means a severe risk breach of a 14
mass requirement applying to a heavy vehicle if the subject 15
matter of the contravention is equal to or greater than 160% of 16
the mass requirement (rounded up to the nearest 0.1t) 17
applying to the vehicle under this Act.'. 18
Editor's note-- 19
The legislation ultimately amended is the Transport Operations (Road 20
Use Management) Act 1995. 21
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[s 156]
Division 2 Amendment of Transport 1
Operations (Road Use Management) 2
Act 1995 to commence on assent 3
Clause 156 Act amended in div 2 4
This division amends the Transport Operations (Road Use 5
Management) Act 1995. 6
Clause 157 Amendment of s 18 (Grounds for amending, suspending 7
or cancelling approvals) 8
Section 18(1)(j)(ii), `grant.'-- 9
omit, insert-- 10
`grant;'. 11
Clause 158 Insertion of new s 19B 12
Chapter 3, part 1A-- 13
insert-- 14
`19B Application of ss 1819A to corresponding approvals 15
`(1) Sections 18 to 19A apply to a corresponding approval as if-- 16
(a) each reference in the sections to an approval included a 17
reference to a corresponding approval; and 18
(b) each reference in the sections to an approval of a 19
particular type included a reference to a corresponding 20
approval of the same type. 21
Example for paragraph (b)-- 22
The reference in section 18(1)(i) to an approval that is an 23
accreditation or exemption granted under a fatigue management 24
regulation includes a reference to a corresponding approval that 25
is an accreditation or exemption of the same type as the 26
accreditation or exemption granted under the fatigue 27
management regulation. 28
`(2) However, if the chief executive amends, suspends or cancels a 29
corresponding approval under section 19 or 19A, the 30
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[s 159]
amendment, suspension or cancellation applies only to the 1
extent to which the corresponding approval has effect in 2
Queensland under section 168A or 168AA. 3
Example for subsection (2)-- 4
If the chief executive suspends a corresponding approval granted in 5
Victoria under a corresponding law to the fatigue management 6
regulation, the suspension only applies to the extent to which the 7
corresponding approval has effect in Queensland under section 168A. 8
The suspension does not apply to the effect of the corresponding 9
approval in Victoria or any other State. 10
`(3) In this section-- 11
corresponding approval means an approval of a type to which 12
this part applies that-- 13
(a) is given or granted by a corresponding authority under 14
or in connection with a corresponding law to a transport 15
Act; and 16
(b) has effect in Queensland under section 168A or 17
168AA.'. 18
Clause 159 Amendment of s 39J (Meaning of fatigue regulated heavy 19
vehicle) 20
Section 39J-- 21
insert-- 22
`(5) For this section, the GVM of a combination is the total of the 23
GVMs of the vehicles in the combination.'. 24
Clause 160 Amendment of s 39K (Requiring person to rest for 25
contravention of maximum work requirement) 26
Section 39K(1)-- 27
omit, insert-- 28
`(1) This section applies if an authorised officer reasonably 29
believes-- 30
(a) the person in control of a fatigue regulated heavy 31
vehicle has contravened a maximum work requirement 32
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[s 161]
by working for a period in excess of the maximum 1
period allowed under the requirement; and 2
(b) the person is impaired by fatigue or there is a risk the 3
person may be impaired by fatigue having regard to the 4
nature of the contravention and how recently it 5
happened.'. 6
Clause 161 Amendment of s 39L (Requiring person to rest for 7
contravention of minimum rest requirement) 8
Section 39L(1)-- 9
omit, insert-- 10
`(1) This section applies if an authorised officer reasonably 11
believes-- 12
(a) the person in control of a fatigue regulated heavy 13
vehicle has contravened a minimum rest requirement by 14
taking a period of rest that is shorter than the minimum 15
period of rest required under the requirement; and 16
(b) the person is impaired by fatigue or there is a risk the 17
person may be impaired by fatigue having regard to the 18
nature of the contravention and how recently it 19
happened.'. 20
Clause 162 Amendment of s 57AB (Definitions for sdiv 2) 21
(1) Section 57AB, definition influencing person, paragraphs (c) 22
to (e)-- 23
renumber as paragraphs (d) to (f). 24
(2) Section 57AB, definition influencing person-- 25
insert-- 26
`(c) for an offence relating to a contravention of an 27
exemption record requirement involving a heavy 28
vehicle, includes the employer of the driver of the heavy 29
vehicle; and'. 30
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Part 4 Amendment of Acts for purposes relating to heavy vehicle reform
[s 163]
Clause 163 Insertion of new ss 61H61J 1
After section 61G-- 2
insert-- 3
`61H Particular label indicates device is an approved 4
electronic recording system 5
`(1) This section applies if a device has attached to it an electronic 6
work diary label. 7
`(2) The existence of the electronic work diary label on the device 8
is evidence that the device is, or is a part of, an approved 9
electronic recording system. 10
`(3) In this section-- 11
approved electronic recording system has the meaning given 12
by a fatigue management regulation. 13
electronic work diary label has the meaning given by a 14
fatigue management regulation. 15
`61I Documents produced by an electronic work diary 16
`(1) A document purporting to be made by an electronic work 17
diary-- 18
(a) is admissible in a proceeding under a transport Act 19
relating to a fatigue regulated heavy vehicle; and 20
(b) is evidence of the matters stated in it. 21
`(2) In this section-- 22
electronic work diary has the meaning given by a fatigue 23
management regulation. 24
`61J Statement by person involved with operation of 25
electronic work diary 26
`(1) A written statement about how an electronic work diary has 27
operated or been maintained that purports to be made by the 28
person purporting to be involved in the operation or 29
maintenance-- 30
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[s 164]
(a) is admissible in a proceeding under a transport Act 1
relating to a fatigue regulated heavy vehicle; and 2
(b) is evidence of the matters included in the statement. 3
Examples of statements for subsection (1)-- 4
· a statement made by the driver of a fatigue regulated heavy vehicle 5
who uses an electronic work diary about how the driver operated 6
the work diary 7
· a statement made by the owner of an electronic work diary about 8
how the owner has maintained the work diary 9
· a statement made by the record keeper (within the meaning given 10
by a fatigue management regulation) of the driver of a fatigue 11
regulated heavy vehicle who uses an electronic work diary about 12
how information was transmitted from the electronic work diary to 13
the record keeper 14
`(2) In this section-- 15
electronic work diary has the meaning given by a fatigue 16
management regulation.'. 17
Clause 164 Amendment of ch 6, pt 2, hdg 18
Chapter 6, part 2, heading, `Provision'-- 19
omit, insert-- 20
`Provisions'. 21
Clause 165 Insertion of new s 163E 22
Chapter 6, part 2, after section 163D-- 23
insert-- 24
`163E Objective reasonableness test to be used in deciding 25
causation 26
`(1) This section applies in relation to proceedings for an offence 27
against a fatigue management regulation that may be 28
committed by a person failing to take reasonable steps to 29
ensure another person does not drive a fatigue regulated heavy 30
vehicle in a contravening way. 31
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[s 166]
`(2) For subsection (1), a person failing to take reasonable steps to 1
ensure another person does not drive in a contravening way 2
includes--